CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
GENERIC CITY COUNCIL
NOTE: DECC needs to amend green shaded text before the
Generic Brief is finalised and put out to tender (see bottom
of this page and Section 5.1)
CONSULTANT BRIEF FOR:
GENERIC CREEK FLOOD STUDY
IN TWO (2) PARTS:
PART A:
OBJECTIVES, REQUIRED SERVICES,
DELIVERABLES and RELEVANT INFORMATION
PART B:
LODGEMENT of PROPOSALS, PROJECT
MANAGEMENT and CONDITIONS of ENGAGEMENT
NOTE: This Brief is based on DECC's Generic Flood Study Brief.
Text shaded “grey” is “standard” text that was last amended on 11
September, 2007 and is current at **INSERT DATE BRIEF GOES TO
TENDER**.
February 16
Note:
Council should amend this document (text shaded “turquoise” or “yellow”) as
appropriate to their requirements and/or to included local information. Text in
“grey” shaded sections is password protected and cannot be readily changed.
If Council wishes to change protected text it should contact the Department of
Environment and Climate Change’s (DECC) representative to discuss the
reasons for requiring the change.
CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
TABLE of CONTENTS
PART A: OBJECTIVES, REQUIRED SERVICES, DELIVERABLES & RELEVANT INFORMATION
A1.
INTRODUCTION
A2.
BACKGROUND AND STUDY AREA
A3.
OBJECTIVES
A4.
DELIVERABLES
A4.1
General
A4.2
Key Project Stages
A4.3
Progress Reports
A4.4
Draft and Final Reports
A4.5
Survey Data
A4.6
Hydrological, Hydraulic and Flood Damage Modelling and Results
A4.7
Geographic Information System (GIS) Files
A4.8
Format of Deliverables
A5.
AVAILABLE INFORMATION AND REFERENCES
A6.
SCOPE OF WORK
A6.1
Collect, Compile and Review of Available Information
A6.2
Consultation
A6.3
Topographical Survey
A6.4
Acquisition of Additional Data
A6.5
Hydrology
A6.6
Hydraulic Modelling
A6.7
Model Calibration and Validation
A6.8
Modelling of Design Events for Existing Conditions
A6.9
Model Parameter Sensitivity and Checks with Alternative Methods
A6.10
Hydraulic and Provisional Hazard Categorisation
A6.11
Flood Damage Assessment
A6.12
Hand-over of the Study Materials
A7.
MEETINGS 16
A8.
HOLD POINTS
FIGURE A1 – LOCALITY PLAN
FIGURE A2 – STUDY AREA
FIGURE A3 – TYPICAL FILE STRUCTURE
PART B - LODGEMENT OF PROPOSALS, PROJECT MANAGEMENT & CONDITIONS OF ENGAGEMENT
B1.
CONDITIONS OF ENGAGEMENT
B2.
CONDITIONS FOR SUBMISSION OF PROPOSAL
B2.1
Council Contact Officer
B2.2
Completion of Proposal
B2.3
Lodgement of Proposal
B2.4
Alternative Proposals
B2.5
Assessment/Acceptance of Proposals
B2.6
Acceptable Legal Entities
B2.7
Outline Plan
B3.
SUPPLEMENTARY CONDITIONS
B3.1
Consultant Management of the Study
B3.2
Expert Witness
B3.3
Variations
B3.4
The Study Budget
B3.5
Standards
B3.6
Consultant Performance
B3.7
Study Duration
B3.8
Suspension of Flood Study
B4.
COUNCIL’S AUTHORISED REPRESENTATIVE
ATTACHMENT A
FEE PROPOSAL FORM (MANDATORY)
ATTACHMENT B
HOURLY RATES FOR STUDY TEAM
(MANDATORY)
ATTACHMENT C
COST SCHEDULE (MANDATORY)
ATTACHMENT D
CONSULTANCY AGREEMENT
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
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 Department of Environment and Climate Change (DECC) the
Department of Planning (DoP) 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 (NSW
Government, 2005) is provided to assist councils to meet their obligations through
the preparation of floodplain risk management plans. The following Figure 2.1 from
the Manual documents the process for plan preparation, implementation and review.
Floodplain Risk
Management
Committee
Established by the
local council, must
include community
groups and state
agency specialists
Section 2.2
Appendix D
Data
Collection
Flood
Study

Section 2.3
Appendix E

Compilation of
existing data
and collection
of additional
data. Usually
undertaken by
consultants
appointed by
council.
Section 2.4
Appendix F

Defines the
nature and
extent of the
flood problem, in
technical rather
than map form.
Usually
undertaken by
consultants
appointed by
council.

Floodplain Risk
Management
Study

Section 2.5
Appendix G

Determines
options in
consideration of
social, ecological
and economic
factors relating to
flood risk. Usually
undertaken by
consultants
appointed by
council.

Floodplain Risk
Management
Plan

Sections 2.6 and 2.7
Appendix H

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.
Plan
Implementation

Sections 2.8 and 2.9
Appendix I

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.
Generic City Council is responsible for local land use planning in the Generic Creek
catchment including that land on the floodplain of the drainage system.
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
Through its Floodplain Risk Management Committee the Council proposes to prepare a
comprehensive floodplain risk management plan for the study area in accordance with the
NSW Government’s “Floodplain Development Manual: the management of flood liable land”,
April 2005 (The Manual). This brief relates to the flood study phase of the process.
A2. BACKGROUND and STUDY AREA
Geurie (population approx %%%%) is located approximately 400 km north west of
Sydney, between Wellington and Dubbo in the Central West of NSW (Figure 1) The
town has a history of both mainstream and overland flooding and there is a need to
define the extent of flooding and to determine appropriate development controls and
risk management plans.
Three drainage systems called the Boori, Geurie and Limestone Creeks all converge
at the village of Geurie. They all form in farmland areas on higher uphill slopes to the
north and east of Geurie then flow through the village before joining into the
Macquarie River (Figure 2) The combined catchment area is approximately 60 km 2.
Geurie has been a traditional farming community with local flood knowledge guiding
sensible development patterns and restricting development on the flood liable parts
of the village. Unfortunately though, in recent years, the number of people with this
generational knowledge base is decreasing.
This loss coupled with more development pressure due to the recent State
Government announcement to build a Correctional Services facility at Wellington
and the proximity of Geurie to Dubbo means that the likelihood of inappropriate
development in flood liable areas is increased.
Wellington Council is reviewing the Geurie Development Control Plan and it is
proposed to integrate the results of this Flood Study into that plan to reduce flood
risk.
The village has experienced several flood events with Geurie and Limestone Creeks
causing flooding of the lower lying areas around Tom Culkin oval in the 1950’s.
Around this time a series of contour banks were constructed on the lower slopes of
Geurie Bald Hill to divert floodwater away from the village; the effect of these
structures needs to be considered when assessing the full range of flood events in
this study.
In recent years some houses in the village have experienced flooding due to
overland flows from catchment areas outside the village boundary. The areas
affected are indicated on There is opportunity to mitigate the effect of flood events
as the village expands into the Rural Residential Zone 1(c) areas to the west; the
subsequent Floodplain Risk Management Study would explore such options.
The study area and the area for which detailed, reliable information on flooding is
required is shown on Figure 2. Also shown on Figure 2 are the watercourses to be
specifically modelled and the areas for which there is some anecdotal indication of
flooding problems due to local overland flow.
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
A3. OBJECTIVES
The primary objective of the study is to define the flood behaviour under historical and
existing conditions in the Study Area (Figure A2). Subject to budget constraints it is also
desired to quantify the flood damages that would occur under current floodplain conditions.
The study will produce information on flood levels, velocities, flows, hydraulic categories,
provisional hazard categories and flood damages for under historical and existing conditions
a full range of design flood events under existing catchment and floodplain conditions. To
achieve this objective the consultant is expected to collect, compile and review all available
relevant data (including survey, aerial photography and satellite imagery
The design events of interest shall include the Probable Maximum Flood (PMF) event or
another specified extreme flood event (see Section A6.8), the 0.5%, 1%, 2%, 10% AEP and
5 year ARI events.
Only mainstream flooding/Local Overland Flow flooding/tidal
combination.)- AMEND AS APPROPRIATE – is to be investigated.
inundation
(or
any
It is expected that hydrologic and hydraulic modelling will be required to satisfy the study
objectives (see also Sections A6.5 and A6.6). The models and results produced in this study
are intended to also form the basis for a subsequent floodplain risk management study
where detailed assessment of flood mitigation options and floodplain risk management
measures will be undertaken. Therefore the models established in the flood study must be
suitable for use to assess a range of management options in the floodplain risk
management study.
A3.1
Specific Objectives for the Study Area
Are there any specific objectives/issues for the study area that need to be investigated
(locations where flooding is a particular problem, obstructions within the waterway/floodway
or on the floodplain etc – Refer to Section A3.1 of “Guidelines For The Preparation Of A
Consultant Brief For A Flood Study”)?. Provide details and if appropriate, indicate
location on Figure A2.
Any emergency management issues such as information on when evacuation/access roads
get cut?
If there are no specific objectives for the study area enter “Nil”.
A4. DELIVERABLES
A4.1
General
The deliverables specified in Section A4 are to be provided as a minium from this study.
Handover of these deliverables is specified in Section A6.12.
A4.2
Key Project Stages
A4.2.1
General Requirements
Key project stages for reporting and the making of progress payments shall be:
Stage 1.
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Completion of Data Collection and Assessment and Community Consultation
Report
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
Stage 2.
Completion of Model Calibration and Validation Report
Stage 3.
Completion of Modelling and Flood Damages Assessment
Stage 4.
Draft Flood Study Report
Stage 5.
Final Flood Study Report
Stage 6.
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
A4.8. 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 DECC's Guideline “Model Reporting & Supporting Information (including Model
Files) for Review” for requirements.
A4.2.2
Specific Requirements
Additional key project stages are to be added where required to Section A4.2.1 above.
If there are no additional key project stages enter “NIL”.
A4.3
Progress Reports
A4.3.1
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 progress reports are required at Stages 1 to 3 as indicated in Section A4.2.
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 A4.2.1 above and are to be discussed at a meeting of the Committee or Council, the
reports are to be submitted no later than 7 days (5 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 A4.8.
A4.3.2
Specific Requirements
Any additional requirements for progress reports and/or any amendments or clarification to
Section A4.3.1?
If there are no specific requirements enter “NIL”.
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
A4.4
Draft and Final Reports
A4.4.1
General Requirements
On completion of the study, the Consultant shall present a final report. The final report shall
not be printed without written direction from Council.
Whilst the format is not rigid, the report shall incorporate the methodology and findings of
the study in sufficient detail to support the validity of the conclusions. The report shall
include the following as a minimum:
i.
Flood profiles (A3 size minimum) for the number of design events specified in Section
A4.4.2.
ii.
Tabulated flood levels, velocities and flow distributions for all design events.
iii.
Maps (A3 size minimum) showing hydraulic categories for the number of design
events specified in Section A4.4.2.
iv.
Maps (A3 size minimum) showing the provisional hazard categories for the number of
design events specified in Section A4.4.2.
v.
Electronic model output files for all design runs and scenarios as waterRIDETM
files or raw results suitable for translation into waterRIDETM
vi.
The number of properties flooded over floor in each design event, flood damage
details and Average Annual Damages
The draft report shall be provided in hard copy form plus one electronic copy on CD (in the
word processor format outlined in Section A4.8) to assist in the review process. The number
of hard copies to be provided is specified in Section A4.4.2. After review of the draft report
by the Council, the Consultant shall undertake any additional work necessary to achieve the
final draft for approval by the Council (Refer to Part B – Attachment A – Fee Proposal
Form).
The final report will be required in hard copy form, plus an electronic version (PDF formats).
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. The number of hard copy final reports to be provided
with CD/DVD(s) in a wallet is specified in Section A4.4.2. The wallet is also to include
CD/DVD(s) containing the information specified in Section A6.12.
Printing of the final report 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.
A4.4.2
Specific Requirements
Required number of hard copy draft reports – Three (3)
Required number of hard copy final reports – Fifteen (15) NOTE: The Conditions for
Financial Assistance that accompanied the Minister’s letter of offer specify that 7
copies (plus one electronic version) are to be provided to DECC.
Number of hard copy final reports to be provided with electronic versions (PDF format) on
CD/DVD(s) in a suitable wallet - Three (3)
Both draft and final reports are to include:
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY

Flood profiles for “X” number of design events (see Section A4.4.1, i above). The
selection of the design events for this purpose is to be approved by Council.

Hydraulic category maps for “Y” number of design events (see Section A4.4.1, iii above).
The selection of the design events for this purpose is to be approved by Council.

Provisional hazard category maps for “Z” number of design events (see Section A4.4.1,
iv above). The selection of the design events for this purpose is to be approved by
Council.
No other specific requirements or list any other specific issues or requirements for draft and
final reports and/or any amendments or clarification to Section A4.4.1.
Delete as required.
A4.5
Survey Data
Survey data including any DTM model is to be provided in a form compatible with the survey
package indicated in Section A4.8 and arranged in a file structure similar to that shown in
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.
A4.6
Hydrological, Hydraulic and Flood Damage Modelling
and Results
In addition to the deliverables required to be included in the reports (see Section A4.4) the
following deliverables are also required, preferably as an appendix or similar:

Model data files and accompanying specifications, including flood damage data files,
arranged in a file structure similar to that shown in Figure A3.

Model data including; adopted design inflows, recorded flood levels, flowpaths, major
floodways, development data and major infrastructures;

Model run data, ie, the input files used to make up each model run, to enable recreation
of results in future.

Complete model results including; flood heights, flow distributions, velocities and flood
storage variations and hydraulic and provisional hazard categories for all calibration,
validation and design events.

All raw flood damage data including the location, floor level, size, age and nature of all
buildings likely to be affected by flooding.

The flood damage model data for the current situation for all design runs as a Microsoft
Excel Spreadsheet.
A4.7
Geographic Information System (GIS) Files
A4.7.1
General Requirements
A complete set of GIS files, arranged in a suitable file structure in a format compatible with
Council’s systems as indicated in Section A4.8.
Information requirements for the State Emergency Service and Bureau of Meteorology are
to meet the requirements outlined in the relevant DECC Guideline (refer Section A5).
A4.7.2
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Specific Requirements
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
Any additional requirements for GIS data and/or any amendments or clarification to Section
A4.7.1?
If there are no specific requirements enter “NIL”.
A4.8
Format of Deliverables
The Relevant Software packages for deliverables are as follows:

Survey Package: Civilcad

GIS: Arcview

Spreadsheet: Excel

Word processor: MSWord
A5. AVAILABLE INFORMATION and REFERENCES
A5.1
General Reference Information
Unless stated otherwise in Section A5.2 below the following relevant Data, Documents and
DECC 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.

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)

Bureau of Meteorology rainfall data

River flow data from Department of Commerce’s Manly Hydraulics Laboratory

River flow data from Department of Water and Energy

Floodplain Risk Management Guidelines (DECC Guidelines):
 Floodway Definition
 Residential Flood Damages
 Ocean Boundary Conditions
 Information Requirements for SES
 Aerial Survey Methods Guideline
 Practical Consideration of Climate Change
 Model Reporting & Supporting Information (including Model Files) for Review –
includes specifications for the provision of model files in a format compatible with
waterRIDETM
 Others ????
A5.2.
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Specific Relevant Information
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
List and give a brief précis of all currently available relevant data such as:

Topographic survey

Floor levels of existing properties

Details of relevant hydraulic structures (details of bridges, culverts, dams etc)

Connections between Australian Height Datum (AHD) and other datums that may have
been used in the study area

Historical flood information especially flood levels/marks

Flood photography

Any GIS information including cadastre

Previous flood related studies/reports.

Rainfall and stream flow information

Reports of flood damage to infrastructure within the study area.

Any other relevant information, studies that Council may be aware of etc
A6. SCOPE OF WORK
The Consultant shall provide all services required to satisfy the objectives of the flood study.
The services shall include, but not necessarily be limited to, the following major tasks, listed
in Section A6.1 to A6.12 and the provision of the deliverables outlined in Section A4.
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 needs to clearly indicate in the proposal if their offer for services will
not provide any of the deliverables or meet the scope of works as outlined in this
brief.
A6.1
Collect, Compile and Review of Available Information
A6.1.1
General Requirements
All data listed in Section A5 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
availability for data additional to that listed in Section A5 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.
A6.1.2
Specific Requirements
Any additional requirements and/or any amendments or clarification to Section A6.1.1?
If there are no specific requirements enter “NIL”.
A6.2
Consultation
A6.2.1
General Requirements
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
A6.2.1 (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, 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 a preliminary community consultation program.
This program will be tabled for discussion at the inception meeting of the floodplain risk
management committee.
A6.2.1 (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).
(iii)
Department of Environment and Climate Change (DECC),
(iv)
State Water
(v)
State Emergency Services (SES),
(vi)
Bureau of Meteorology (BoM),
(vii)
Department of Water and Energy - stream flow data.
(viii) Department of Commerce (Manly Hydraulics Laboratory) – stream flow data
(ix)
Roads and Traffic Authority (if appropriate)
(x)
State Rail Authority (if appropriate),
(xi)
Department of Lands
(xii)
Geographical Names Board ( www.gnb.nsw.gov.au )
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 A4.2.1 and A4.3.1)
addressing the outcomes from data collection and the consultation processes.
A6.2.2 Specific Requirements
Any additional requirements and/or any amendments or clarification to Section A6.2.1?
 Local landowners?
 Specific community groups, progress and/or historical societies
 Others (please specify)
If there are no specific requirements enter “NIL”.
A6.3
Topographical Survey
A6.3.1
General Requirements
A topographic survey of watercourses and the adjoining floodplain is required for the
purposes of hydraulic modelling and hydraulic and hazard categorisation. Additional survey
of structures such as bridges, culverts and road levels should also be taken if required.
Watercourses to be specifically modelled are shown on Figure A2. In addition, survey may
be required to estimate floor levels within the PMF extent as the basis for assessment of
flood damages.
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Proposals are to include a realistic estimate of the cost of the required survey that reflects a
considered provisional hydraulic model configuration. The provisional hydraulic model
configuration should be based on the information reasonably available to consultants at the
time of tendering following reasonable enquiry. If alternative modelling approaches with
different survey requirements are proposed for consideration, then realistic survey costs
associated with each option must be provided. If flood damage assessment is to be
included within the flood study, then a realistic estimate of the associated survey
requirements and costs must also be provided.
Following engagement and a detailed inspection of the study area, the successful consultant
shall submit to the Council a survey brief outlining details of the survey required together
with a firm fee to undertake this portion of work. Following receipt of written approval from
Council, the Consultant shall arrange for the survey to be undertaken. The consultant shall
be responsible for the engagement and supervision of the approved sub-consultant to
complete the work.
If approved by Council the successful consultant may carry out the survey component using
in-house resources, however the consultant will have to demonstrate that its price for the
work is competitive by participating in a competitive tendering process. Council will arrange
for other quotations to be obtained, evaluate the quotations (including that of the study
consultant) and engage the successful survey sub consultant. The flood study consultant
will supervise the work of the successful sub-consultant.
A6.3.2
Specific Requirements
Any additional requirements and/or any amendments or clarification to Section A6.3.1?
If there are no specific requirements enter “NIL”.
A6.4
Acquisition of Additional Data
A6.4.1
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 may submit to Council 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.
Where additional survey is required the Consultant will use the services of the successful
sub-consultant appointed to undertake the topographical survey component of the flood
study, unless directed otherwise by Council.
A6.4.2
Specific Requirements
Any additional requirements and/or any amendments or clarification to Section A6.4.1?
If there are no specific requirements enter “NIL”.
.
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A6.5
Hydrology
A6.5.1
Hydrologic Modelling
A6.5.1(a)
General Requirements
The Consultant shall set up appropriate computer-based hydrologic model to suit the
purposes of the study considering the potential use of the model in assessing management
options. The Consultant shall nominate the choice of hydrologic modelling technique, the
model to be used and a sound basis for doing so. The model shall have the capability to
represent all features of the study area, which are likely to have a significant effect on flood
behaviour. The extent of the model shall be sufficient to establish reliable boundary
conditions for input to the hydraulic model covering the defined study area.
A6.5.1(b)
Specific Requirements
Any additional requirements and/or any amendments or clarification to Section A6.5.1(a)?
If there are no specific requirements enter “NIL”.
A6.5.2
A6.5.2(a)
Flood Frequency Analysis
General Requirements
Where a long and preferably continuous record of stream gauging is available in the
catchment a flood frequency analysis is required. The flood frequency is to be carried out in
accordance with procedures outlined in the Australian Rainfall and Runoff (1987) and the
forthcoming Australian Rainfall and Runoff, At-Site Flood Frequency Analysis, Book 4,
Chapter 2.
The stream gauging data used for flood frequency analysis should be checked for
consistency and accuracy. Issues to be considered include:

Any relocation of the gauge though its recording history,

Any change of gauge zero datum,

Any change of gauge equipment, and

Any change of channel cross-section at the control point.

The rating curve and its accuracy especially in the upper range and extrapolation of the
rating curve.
Adjustments to the stream gauging data is only anticipated where a definite error can be
proved.
The results of the flood frequency analysis should be consistent with that of the hydrologic
model (if one is set up) in keeping with the relevant sections of the current version of
Australian Rainfall and Runoff. To this end the hydrologic model parameters should be
adjusted to fit the flood frequency curve, if warranted not the frequency analysis adjusted to
suit the model.
A6.5.2(b)
Specific Requirements
Any additional requirements and/or any amendments or clarification to Section A6.5.2(a)?
If there are no specific requirements enter “NIL”.
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A6.6
Hydraulic Modelling
A6.6.1
General Requirements
The Consultant shall nominate the choice of hydraulic modelling technique, the model to be
used and a sound basis for doing so. This decision should consider the potential use of the
model in assessing mitigation options as part of a future management study. The proposal
shall indicate if it is proposed to run the model(s) in steady state mode and the reasons for
doing so. The concurrence of the Council shall be obtained in relation to the selection and
design of the model. The Council reserves the right to select the technique deemed most
appropriate and direct the Consultant accordingly.
The extent of the floodplain modelled shall be sufficient to ensure the reliability of the model
results in the area shown in Figure A2. The watercourses identified on Figure A2 are to
be specifically modelled in the hydraulic model
A6.6.2
Specific Requirements
Any additional requirements and/or any amendments or clarification to Section A6.6.2 (eg
any already identified potential mitigation options that may need to be modelled in the
subsequent Floodplain Risk Management Study)?
If there are no specific requirements enter “NIL”.
A6.7
Model Calibration and Validation
A6.7.1
General Requirements
The Consultant shall calibrate and validate the hydrologic and hydraulic models using
available data from historical flood event(s). Where sufficient data is available at least 3
flood events, the selection of which is to be approved by Council, are to be used for
calibration/validation.
Model parameters for calibration events should reflect the relevant catchment and floodplain
conditions at the time of these events. The differences between the current situation and
that at the time of the selected events is to be clearly outlined. A clear outline of the
modelling parameters used for each event is to be given.
A6.7.2
Specific Requirements
Calibration events should include:

List historical events for which calibration data is available

Any additional requirements and/or any amendments or clarification to Section A6.5.1)?
If there are no other specific requirements enter “No other specific requirements”.
A6.8
Modelling of Design Events for Existing Conditions
A6.8.1
General Requirements
The design floods to be modelled are specified in Section A3. The use of an extreme flood
event instead of the PMF is to be approved by Council.
The Consultant shall modify the calibrated models as necessary to represent accurately the
existing catchment and floodplain conditions, and clearly outline the changes in the model
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
and modelling parameters. The Consultant shall liaise with Council in relation to the
definition of existing conditions, the selection of design inputs to the model, the adoption of
model parameters and adoption of design results.
Where investigation of flood impacts from a variety of flood mechanisms are to be modelled
(eg mainstream flooding from catchment runoff &/or from tidal &/or other receiving water
backwater flooding, &/or Local Overland Flow) then each mechanism should be
appropriately modelled and an envelope approach to reporting adopted.
A6.8.2
Specific Requirements
Any additional requirements and/or any amendments or clarification to Section A6.8.1?
If there are no specific requirements enter “NIL”.
A6.9
Methods
Model Parameter Sensitivity and Checks with Alternative
A6.9.1
General Requirements
Sensitivity analyses shall be carried out to assess how much influence the model parameter
values have on the results of the calibration and validation. The principal parameters are
those simulating rainfall (spatial and temporal), rainfall losses, catchment storage and lag,
friction, energy losses and blockage at culverts, bridges and other structures. The
sensitivity of the model results to downstream boundary condition shall also be tested. The
Consultant is to clearly state the nature and extent of sensitivity testing to be undertaken.
Sensitivity analyses shall also be carried out to assess the relative uncertainty associated
with the design results. The Consultant is to clearly state the proposed approach and
methodology along with nature and extent of sensitivity testing that will be undertaken.
Sensitivity analyses shall also be undertaken to the potential impacts of climate change in
accordance with the Floodplain Development Manual, 2005 and the relevant DECC
Guideline.
Where Local Overland Flow flooding &/or tidal &/or other receiving water backwater
influence is being investigated, the sensitivity of the model results to downstream boundary
conditions due to the interaction between the Local Overland Flow &/or tidal &/or other
receiving water influences and mainstream flooding shall be tested, as appropriate.
Where appropriate the model results shall be checked using alternative methods such as
the probabilistic Rational Method (AR&R, 1987 and 1998) and waterway calculations (eg
Austroads "Waterway Design A Guide to the Hydraulic Design of Bridges, Culverts and
Floodways", 1994).
The concurrence of the Council shall be obtained in relation to the adoption of model
parameter values.
The Flood Study report shall include a section outlining the results of the sensitivity analyses
and model checks and the associated potential ramifications of climate change.
A6.9.2
Specific Requirements
Any additional requirements and/or any amendments or clarification to Section A6.9.1?
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If there are no specific requirements enter “NIL”.
A6.10
Hydraulic and Provisional Hazard Categorisation
A6.10.1
General Requirements
Hydraulic categories and provisional hazard categories are to be determined for design
events in accordance with the Floodplain Development Manual, and the relevant DECC
Guideline or as agreed in writing by Council. See Section A4.4.2 for the number of design
events for which this information is required.
A6.10.2
Specific Requirements
.Any additional requirements and/or any amendments or clarification to Section A6.10.1?
If there are no specific requirements enter “NIL”.
A6.11
Flood Damage Assessment
Optional Item – Activities associated with this item are not to
proceed without a written instruction from Council
A6.11.1
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 A3 shall be estimated. Residential damages shall
be estimated in accordance with the relevant DECC guideline or as approved by Council.
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 A6.11.2 below are to be
assessed. If floor levels are to be surveyed, all costs associated with this survey is 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 A – Fee Proposal
Form).
A6.11.2
Specific Requirements
For the purposes of tendering, consultants shall assume that the damages for “X” number of
developed properties of all types are to be assessed. Insert number.
.Any additional requirements and/or any amendments or clarification to Section A6.10.1?
If there are no other specific requirements enter “No other specific requirements”.
.
A6.12
Hand-over of the Study Materials
A6.12.1
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
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
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 specialist Consultant.
The Consultant is to provide the following documentation at handover:

Survey data including any DTM model in a format compatible with the software specified
in Section A4.8 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 A4.8.

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.

Electronic model output files for all design runs and scenarios as waterRIDETM files or
raw results suitable for translation into waterRIDETM

Originals of the report including all diagrams, figures and inserts, and a copy of the
report compatible with the software specified in Section A4.8.

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.
The Consultant should provide all items requested in the first three dot points on
CD(s)/DVD(s). As much of the remaining items requested 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 A4.4.
A6.12.2
Specific Requirements
.Any additional requirements and/or any amendments or clarification to Section A6.12.1?
If there are no specific requirements enter “Nil”.
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
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5 described in Section A4.2.1 or at the interval specified in Section A7.2 throughout the
study period.
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 A1).
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 Flood Study Report 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).
A7.2
Specific Requirements
All meetings to be held at …..insert location
Expected frequency of meeting – every 4 to 6 weeks (amend as required)
Number of meetings to be allowed for in proposal price – Five (5) meeting Insert number
If there are no other specific requirements enter “No other specific requirements”.
A8.
HOLD POINTS
Progress on the study will observe hold points after Stages 2, 3 and 4 (see Section A4.2)
have been completed.
In addition the following hold points will be observed: – List (see also Part B, Section B3.7)
or delete as required.
The Consultant shall not progress the study beyond the above hold points without
the written approval of Council.
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FIGURE A1 – LOCALITY PLAN
This Figure should identify the location of the study area in relation to other readily
recognisable features in the wider region to help assist consultants from outside the area
orient themselves
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FIGURE A2 – STUDY AREA
This Figure needs to identify with clarity:
 The area(s) for which Council wants reliable flood information (including new release
areas and areas that could be subject to development pressure in the foreseeable
future),
 The watercourses that Council wishes to be specifically modelled in the study,
 Any specific problem areas or areas/locations for which information is required that
have been identified in Section A3.1
The Figure should include a scale and north point.
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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 DECC’s “Consultancy
Agreement”, Part B, Attachment D, except that the roles of DECC and its officers will be
transferred to Generic City Council and its staff.
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

Other – List or delete as required
B2.
B2.1
CONDITIONS FOR SUBMISSION OF PROPOSAL
Council Contact Officer
Refer requests for information or advice regarding documents only to:
Name: ………………………………………... Telephone: (02) ……………..
E-mail:…………………
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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. 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 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.
The Consultant is to submit an original plus three (3) copies of the proposal (including all
Proposal documents listed above) to allow distribution to a reviewing panel. Alternatively,
one (1) original hard copy plus one (1) electronic version (PDF format on CD or DVD) may
be submitted.
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 Principal 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.
The Consultant is to seal the Proposal (and copies) in an envelope (or parcel) marked
“GENERIC CREEK FLOOD STUDY” with the closing date written on the envelope (or
parcel). Lodge the Proposal (and copies) 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).
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
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
submitted. Any conditions, qualifications and departures from the specified work shall be
fully described and priced in any alternative Proposal. Proposals submitted by consultants
who do not intend to follow the relevant DECC Guidelines listed in Section A5.1 of the Brief
may be considered non-conforming.
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 purpose 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.

The consultant’s demonstrated understanding of relevant Commonwealth, State and
Local Government issues including legal implications.

The consultant’s proposed consultation plan.

The consultants resources and expertise, 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.
The assessment of the factors listed above will also be based on the information provided in
the outline Plan.
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
The Principal 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.
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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: An outline of the Plan for the Work to be done under
the engagement is required. After engagement, the outline Plan is to be upgraded to a
detailed Plan by the successful consultant.
The outline of the 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 Principal. 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 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 SUBCONSULTANTS AND 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 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 dayto-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 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.
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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.

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 the 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 the 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.
The Principal 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 the Principal 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.
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CONSULTANT BRIEF FOR THE GENERIC CREEK FLOOD STUDY
The Principal 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 the Principal.
B3.4.1 Progress Claims and Payment
Payments will be based upon receipt of claims made by the Consultant at the satisfactory
completion of the following stages (see Part A, Section A4.2.1 for all project stages):

Stage 1 - Completion of data collection and assessment ;

Stage 2 - Completion of model calibration/validation

Stage 3 - Completion of modelling and flood damages assessment;

Stage 4 - Completion of Draft Report;

Stage 5 - Completion of Final Report;

Stage 6 - Completion of Contract.
Council shall withhold payment of 10% of the project cost until Council has approved the
Final Report and all material identified in Part A, Section A6.12 – 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
satisfies the requirement 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
management of flood liable land”.

The Institution of Engineers, Australia 1987 and 1998, Australian Rainfall and Runoff, A
Guide to Flood Estimation.
2005,
“Floodplain
Development
Manual:
the
Where appropriate the relevant DECC guidelines (see Part A, Section A5) are also to be
followed.
Any Additional Standards required by Council? If not, Delete.
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.
B3.7 Study Duration
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The study is to be completed (deliver of Final report) within a period of 12 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 – Model calibration/validation – allow two (2) weeks

End of Stage 3- Modelling and flood damages – allow two (2) weeks

End of Stage 4 – Draft Report - allow three (3) weeks

Any additional periods for review (Hold Points – see also Part A, Section A8)? If not,
Delete.
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 Flood Study
If the flood study is suspended or delayed for reasons that are attributed to the Principal for a
period exceeding three months, and during that period the flood 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 A3.
B4. COUNCIL’S AUTHORISED REPRESENTATIVE
The study will be administered by the Council. Personnel authorised to issue instructions in
regard to this study are:Name of Council Authorised Representative(s), contact phone number, fax, and e-mail
The Council may request, at any time, the advice and support of DECC in any aspect of the
study.
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ATTACHMENT A
FEE PROPOSAL FORM
(MANDATORY)
Refer Clause 5 of the Consultancy Agreement
Proposal to be lodged at:
Insert details
by 10:00 am/pm on:
Insert date
Name of Consultant:
(in block letters)
_________________________________________
A.C.N. (if applicable):
_________________________________________
Address:
_________________________________________
_________________________________________
hereby proposes to perform
consultancy services in accordance
with the Brief for:
Generic Creek Flood Study
………………………………………………………….
Study Fee
……………………………….($...............................)
Alternative Study Fee (if applicable)
………………………………………………………….
……………………………….($................................)
In accordance with the attached
hourly rates for he study team and
cost schedule
and in accordance with the attached
outline Plan dated:
/
/
comprising __________ pages
I/We declare that no conflict of
interest exists in the performance of
the consultancy services at the date
of this declaration
Signed for the Consultant by:
_________________________________________
_________________________________________
(Authorised Officer)
In the Office Bearer capacity of:
_________________________________________
Name (in block letters):
_________________________________________
Date
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 the Principal.
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ATTACHMENT B
HOURLY RATES FOR STUDY TEAM
(MANDATORY)
GENERIC CREEK FLOOD STUDY
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 the Principal.
Fees may not exceed those nominated on this schedule without the prior
written
approval of the Principal.
Date:
Signed for the
Consultant by:
________________________________________________________
________________________________________________________
(Authorised Officer)
In the Office
Bearer capacity of: _________________________________________________________
Name (in block letters):
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__________________________________________________
Page 29
ATTACHMENT C
COST SCHEDULE
(MANDATORY)
GENERIC CREEK FLOOD STUDY
ITEM
1) Preliminary Data Collection and Review
1.1) Data collection and review
1.2) Site inspection
1.3) Survey including cost of preparing and managing survey Brief)
2) Community Consultation
3) Hydrology
3.1)Flood Frequency Analysis
3.2) Establish Hydrologic Model(s)
3.3) Calibrate/Validate Hydrologic Model(s)
3.4) Develop Design Hydrographs
4) Hydraulics
4.1) Establish Hydraulic Model(s)
4.2) Calibrate/Validate Hydraulic Model(s)
4.3) Model Design Flood Events
4.4)Determine Hydraulic and Provisional Hazard Categories
5) Prepare Progress, Draft and Final Reports - costs not covered under Report Printing,
Item 8 below
6) Meetings with Council’s representative and/or FRMC. Allow for “X” meetings at
……………(see Part A, Section A7.
7) Report Printing
7.1) Draft reports
7.2) Final Report
(All other minor reports and briefs - printing to be included in cost for that item)
8) Handover of Study materials
9) Disbursements (to be itemised)
10) GST Allowance
TOTAL COST
ADDITIONAL COSTS (not included in TOTAL COST)
A1) Flood Damage Assessment
A1.1) Assess Flood Damages for “X” number of Developed Properties (survey included if
applicable)
A1.2) Cost of Assessing Damages (including any survey) of additional Properties
A2) Additional Meetings at…………….. (see Part A, Section A7).insert meeting location
A3) Public presentation and display (see Part A, Section A7.1).
A4) Re-familiarising with suspended project (see Part B, Section B3.8).
A5) Itemised cost of work NOT detailed in this brief
Estimates only - not included in total cost of proposal
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DETAILS REQUIRED
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
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
Cost
Total Cost
Cost
Cost
Cost
Estimated cost of each item
Cost
$
Estimated hours for each team member and cost
Cost per Property
Cost per meeting
Cost
Cost
Estimated hours for each team member and cost
Page 30
ATTACHMENT D
CONSULTANCY AGREEMENT
Dated
2006
[name of project]
between
Department of Environment and Climate Change
and
Consultant]
CONSULTANCY AGREEMENT
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AGREEMENT made the
between:
1.
2.
day of
2006
Department of Environment and Climate Change , 59-61 Goulburn Street, Sydney, PO Box
A290, Sydney South NSW 1232, (Principal); and
[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/subConsultants (and their employees and agents) utilised by the Consultant;
"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

the embodiment of the capacity to contain and/or express information, processes and concepts,
stored by any means
"Principal" means the Department of Environment and Climate Change.;
"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;
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"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 Terms of Reference or 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;
“Terms of Reference" or "Consultancy Brief” means the Terms of Reference, Consultancy Brief or
any other document issued by the Principal to the Consultant for the purpose of obtaining the Proposal
and which describes the Services to be performed by the Consultant;
"Services" means the services described in Annexure 1 to be performed pursuant to this Agreement;
"Schedule" means the Schedule(s) annexed to this Agreement.
2.
2.1
ENGAGEMENT
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
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.
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3.4
(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 Department 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.
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
3.7
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.
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.
(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 appointed by the Principal to liaise
with the Consultant 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.
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3.8
3.9
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.
(e)
Clause 3.8(b) does not operate to prevent the Consultant from retaining a bona fide copy
of the Contract Material for its records.
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 Brief, the Consultant must obtain all necessary approvals,
licences and permits which may be required for the provision of the Services.
3.11
3.12
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.
(b)
This provision does not merge on completion.
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.
(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 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.
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(d)
3.14
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.
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:
3.15
3.16
(a)
misuse;
(b)
loss;
(c)
unauthorised access;
(d)
modification; and
(e)
disclosure.
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.
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.
4.
Principal's Obligations
4.1
Provide Information
The Principal will as soon as practicable, or as required by this Agreement:
4.2
(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.
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.
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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
stated in Annexure 2.
(ii)
the Lump Sum may be paid by such progress payments as the parties agree.
(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 agreed to by the Department. If applicable rates of fees are not
specified in the Department's Brief then provisions of the Proposal shall apply. 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;
(iii)
Unless separately proposed by the Consultant and accepted by the Department,
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 Department,
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 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.
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(g)
5.2
The rates of fees proposed by the Consultant and accepted by the Department shall not
be increased during the term of the Agreement except in accordance with any proposed
and agreed rise and fall provision.
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:
5.5
(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.
(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 amount will be
payable for expenses and disbursements howsoever incurred.
Invoices
(a)
For payments of fees, claims are to be submitted by the Consultant:
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(i) within the first week of each month or as agreed; and
(ii)
5.6
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 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.
Payment Deferral
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
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.
5.7
Pay As You Go (PAYG)
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
6.2
6.3
(a)
The Principal may request in writing the Consultant to vary the Services, provided the
variation is within the general scope of the Services.
(b)
The Consultant must respond to a written request under Clause 6.1(a) within a
reasonable time, advise the Principal whether it is will to undertake the variation, and, if
so, provide a quotation in accordance with Clause 6.2(a).
Consequences of Variation or Proposed Variation
(a)
The Consultant, if it is will to undertake the variation referred to in clause 6.1(b), must
provide the Principal with a written quotation of the time, cost and timing of the proposed
variation.
(b)
Within fourteen (14) days of receipt of a quotation under Clause 6.2(a), the Principal if it
wishes the variation to proceed, shall promptly notify the Consultant in writing that the
Consultant’s quotation is accepted.
Variation Fees
The Consultant acknowledges and agrees that:
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(a)
(b)
7.
7.1
7.2
7.3
fees for varied Services must be in accordance with the quotation supplied by the
Consultant under Clause 6.2(a) or as otherwise agreed in writing between the parties;
and
its the current hourly rates are as set out in Annexure 4.
COPYRIGHT AND INTELLECTUAL PROPERTY
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.
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.
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 physical injury (death) to persons or damage to property
arising directly or indirectly out of any negligent act or omission or wilful wrongdoing of the
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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 with an insurer and in terms 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 the Schedule.
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:
9.4
(a)
The Consultant must hold or obtain a policy of public insurance with an insurer and, in
terms 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, its sub-Consultants and the Principal; and
(ii)
for an amount not less than that stated in the Schedule in respect of any single
occurrence.
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
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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.
(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)
(d)
11.2
the date by which the Consultant was required to cease work on those Services.
The statement must be accompanied by supporting records as required by the Principal.
Termination by the Principal for Default by the Consultant
The Principal may, if the Consultant:
(a)
becomes bankrupt, or insolvent, or enters into a scheme or arrangement with its
creditors;
(b)
fails to carry out the Services with due diligence and competence;
(c)
without reasonable cause suspends the carrying out of the Services;
(d)
commits a substantial breach of this Agreement; or
(e)
breaches the following clauses, ie., 3.1-3.17, 7.1(b) and (c), and 9.1-9.5:
11.3
(i)
in the case of the default specified in Clause 11.2(a) forthwith terminate this
Agreement by written notice addressed to the Consultant; and
(ii)
in the case of any other default, terminate this Agreement by written notice
addressed to the Consultant if the Consultant fails to remedy the default to the
satisfaction of the Principal ill within 14 days from the date of service of a notice by
the Principal on the Consultant specifying the relevant default.
Termination by the Consultant
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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
11.7
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
item 13 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.
Staged Implementation
(a)
Clauses 11.7(b) and 11.7(c) do not apply unless it is specified by the Principal in the 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 Stage One.
(c)
Nothing in this Agreement shall be construed as obliging the Customer to give the
notification referred to on clause 11.7(b) in respect of Stage Two or any subsequent
Stage. The Principal shall not be liable to the Consultant in any manner whatsoever for
not giving such notification and the Contractor 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.
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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.
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)
(ii)
the respective rights and entitlements of the parties; and
the amount or service if any which the expert considers is due from one party to the
other.
The determination of the expert but shall be final and binding on the parties except where the
expert's determination relating to a dispute is that one party shall pay to the other an amount, or
carry out work, in excess of $100,000. 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.
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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:
16.
(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.
NOTICES
The addresses of the parties for purposes of giving any notice shall be as set out in Item 14 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 Department 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 Department shall be reduced by the same proportion as the
reduction in the Consultant’s cost. The Department may request that the Consultant
provide it with all reasonable evidence necessary to demonstrate compliance with this
clause.
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(f)
All invoices or claims submitted by the Consultant under this Agreement will be
accompanied by a tax invoice. The Department 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 Department is liable under this Agreement to reimburse the Consultant
for any costs that the Consultant has incurred with a third party, the Department 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 Department under this Agreement, the
Consultant will pay an amount on account of the GST liability to the Department 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.
THE SCHEDULE
Item 1
Specified persons and job category:
Item 2
Program:
as set out in the Proposal
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
Item 6
contract]
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.
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Item 10
Termination notice period:
Item 11
Cessation of work period
Item 12
two weeks
the termination notice period
Percentage on Termination:
[to be completed on award
of
contract]
percentage
of
fee
remaining
Item 13
Notices to:
Principal contact name:
notify from
******, or such other person
as the Principal may
time to time
Address:
Fax:
Consultant’s contact name:
[to be completed on
award of contract]
Address:……………………..
Fax:…………………………..
EXECUTED for and on behalf of the
Department of
Environment and Climate Change
by but not so as to incur personal liability
)
)
)
) ...................................................
before me:
..............................................................
EXECUTED by and on behalf of
(name of Consultant]
by but not so as to incur personal liability
)
)
)
)...................................................
before me:
..............................................................
ANNEXURE 1
THE SERVICES
……………………
PART 1. TERMS OF REFERENCE OR CONSULTANCY BRIEF
As set out in the Department’s Brief entitled ******
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PART 2. PROPOSAL
[set out name and date of Consultant’s Proposal]
ANNEXURE 2
THE FEE (Clause 5)
…………………………………………………
ANNEXURE 3
Not used
ANNEXURE 4
HOURLY RATES FOR VARIATIONS (Clause 6)
Roles, names and hourly rates to be listed.
ANNEXURE 5
INTELLECTUAL PROPERTY NOT VESTING IN PRINCIPAL (Clause 7.1)
Nil.
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