Regulation of Selective Tenders Conditions - Assignment Example

Student’s Name: Course Code: Lecture’s Name: Date of presentation Question 1: a. Conditions that councils must comply with when “Selective Tenders” as per the Local Government (General) Regulation 2005 Selective tendering refers to a method through which particular recognized contractors are chosen from a prepared list or adopted by the local authority are requested to tender for a particular contract. Pre-requisite processes 1.1 In selective tendering method, a council must publish the invitation in relevant newspaper asking interested contractors to submit their bid for the particular proposed contract. 1.2 In the advertisement, the council must indicate: i. Brief description of the nature of work, service, goods or property involved ii. The name of the body or individual person whom the expression of interests needs to be addressed to (addressee) iii. The deadline for tender submission 1.3 The council must consider ALL the tender requests submitted by the potential contractors. The criteria of evaluation shall include: i The level of experience of the candidates in satisfying the set tender conditions ii The potential of the candidates in fulfilling the requirements of the proposed contract 1.4 After making the above considerations, the council will thereafter make decisions on whether to; i Send invitations, to those who have met the conditions, or ii Decline to offer the invitations 1.5 In sending the invitations, the council must; State the deadline for submission Give directions on when and where the tender documents concerning the particular proposed contract can be found as well as the cost of purchase Note: the deadline provided MUST be at least 21 days after the invitation date. 1.6 The tender documents used must be in line with clause 170 of the Local Government (General) Regulation 2005 b. “Selective tendering” offers an opportunity for the potential contractors to be evaluated for the performance potential before- hand on the grounds of technical expertise, and capital cost. Councils can use selective tendering in situations where a small number of contractors or suppliers are capable of offering the goods, or service either from their superior profile or past successful assignment undertakings. In this kind of situation, a council can reach out to this contractors and suppliers. Question 2: a. In case of water shortage, the council can make use of available clauses to ensure short term availability of water its area of Jurisdiction, as provided in the Part 6 of the Local government Local regulation (general) 2005. 1. If the water available in an area is insufficient to permit unrestricted consumptions for other use other than domestic use, through a published notice, a council may, restrict: i The purpose under which the water is used ii The durations in which the water is consumed iii The technique and method used to draw water iv The amounts of water consumed 2. Through a notice a council may place restrictions on water use for other purposes other than domestic use: i If there is persistent drought ii If the volume of water available is low thus warrant extraordinary conservation measures in the general interest of the population 3. A council can institute restriction on water use on a section of its area of jurisdiction if and only if: i The prevailing water shortage is limited to that area ii The council is effecting restriction in a rotational manner throughout the area of jurisdiction b. The council can disconnect water from a residential property if: i The water infrastructure does not comply with the Building codes of Australia ii Fails to remit to the council the bills and rates iii Non- compliant plumbing works iv Fails to comply with the terms and conditions of the customer contract v Breaches any relevant law Question 3: a “Temporary road “ vs. “Temporary Public Road” According to Sec 39, Temporary public road refers to a road that does not provide access to an isolated road According to Sec 175Temporary Road refers to road diversion created to replace an existing road under construction as shown in the figure below b The process of dealing with the private land owners Procedure of possession of private land as per Sec 175 Road Act 1993 1. The road authority may repossess private land for the purpose of; i. Conducting road work on a road ii. Offer temporary road in order to replace an impassable public road 2. It is however mandatory for the road authority to give the occupier of the private land 3. If unwilling to vacate, the occupier should lodge an appeal within 7 days after the receiving the eviction order; specifying the grounds of appeal 4. The decision of the concerned minister remains final 5. A vacation notice may not be necessary if: i. The in the opinion of the road authority, the eviction is a matter of urgency, ii. That the road authority has provided the occupier, such a notice as is practicable under the prevailing circumstances and immediately informs the Minister of the circumstances necessitating such actions 6. Under this section, the roads is prohibited from occupying land within 15m from residential houses unless; i. The occupant has agreed to the use through writing ii. If absence of such consent; the Minister should give a formal authority for the occupation 7. The roads authority must give appropriate compensation to the occupants of the land in question and or any damages that would arise from the occupation 8. While in use, the temporary occupied land so shall be taken and used as a public land under this Act. c Procedure of gaining entry into a land under Sec 172 Roads Act 1993 1. In order for power of entry is exercised by the authorized officer who may include the road contractor; i. Is provided with the relevant document that authorizes occupation of land ii. Is ready to produce the authority document at any time to the owner of the land 2. the particulars of the authorizing should state; i. the name of the bearer- occupant of the land ii. Relevant act used to issue the document iii. Describe the nature and source of the powers and authority iv. Expiry date v. Must bear the seal and signature of the general manager or other authority figures in the roads authority d Drainage works related with road works i. According to sec 94 of the Roads Act a Council can carry out drainage works in or in the vicinity of the road. This can be done for the purpose of draining or protecting the road ii. The powers given by this section cannot be practiced with the exemptions of the rail infrastructures facilities owned New South Wales Rail Corporation, Sydney Metro or Transport Infrastructure Development Corporations are situated. iii. In this case the roads authority must is expected to compensate any land or property lost during the process as a result of exercising of power provided to the roads authority under this act Question 4: Matter to address a. Before commencement of building works, i According to Sec 76 of the Roads Act 1993, the council is obligated to seek authorization to carry out the contraction works from the Roads and Transport Authority (RTA) ii Sec 76 obligates the council also to need to carryout diversion and alteration of the road especially at the road section from Pit 1 and pit 2. iii The councils is also expected to forward the particulars of the storm water construction project at least 28 days from the start of work, and where necessary communicate any alteration in design or work schedule iv According to sec 117 the Council is obligated to submit a request for consent of carrying out the construction works. v The Council obligated by sec 172 of the Roads Act 1993 to submit a request to both the owner of Plot 3, in order to get authorization of installing the pipe. Both the land owner and the Road Authority are supposed to issue the Council with an authorization certificate. b. During construction work i. The council is expected to regulate traffic flow for the best interest of the public, during the construction phase especially at the road crossing. ii. The council is obligated to carry out erection of barriers and warning signs for the purpose of regulating traffic iii. Through an order published in local dailies, the council is obligated by Sec 122 to temporarily regulate traffic of the Pattison road during the storm water pipe installation period Question 5 Appropriate legislation in the construction of a piping station and rising main Procedures for water supply According to Sec 57 of Local Authority Act 1993 (Construction of Works), The Council must get authorization to carry out the construction works from the Minister for Primary Industries. According to Sec 59A, in such a case the Council becomes the owner of the water supply. The pumping station and the proposed rising main pipeline are to be constructed on private land. This means that the Council must exercise the powers provided in Sec 191A (Entry on land for construction and maintenance of water supply works). During the construction of the rising main, Sec 169 of the Local Government Act 1993 (Care to be Taken) the Council is obligated to keep minimum disturbance and destruction of the private property to as minimum as possible i Where the pipeline works will interfere with roads and footpaths, the Council is expected to provide alternative routes to avoid inconveniencing or subjecting the residents to dangerous trenches ii In order to avoid a lot of disturbance on the fence, the Council is expected to ensure that pipeline excavation occurs in as much practicable as possible; for instance in existing openings, or between posts iii The trench will be fully backfilled and the ground leveled up sufficiently iv Minimal disturbance should be done during the construction phase Question 6 a. 9 months prior to the construction works The first step is to carryout inspection and feasibility study in order to come with the necessary design. This means that the contractor will need to enter the land. In accordance with Sec 164 of the Local Government Act 1993, it will be necessary to first get the necessary powers of entry. Actions needed to be carried out in this period’ vi The power of entry permits the Council to carry the following actions vii Inspect the land and the proposed pipeline path viii During this process, it may be necessary to do trial excavations in order to ascertain certain physical conditions of the land such as nature of soil ix After marking out the pipeline route, the surveyor is permitted by the said powers of entry to take levels and in the process, may dig trial pits, set up marking pegs x As part of the design process, photographs of the pipeline route may be taken as well as soil samples b. A week prior to the commencement of the job In accordance to Sec 166 of the Local government Act 1993 (Notice of Entry), as a Works Engineer I am obligated to serve the land owners’ 1, 2, 3, 4, and5 where the pipeline route is to follow; a written notice of entry describing the nature of works to be carried out. c. During the 12 week construction phase Under Sec 169 of the Local Government Act 1993 (Care to be Taken) the Council is obligated to keep minimum disturbance and destruction of the private property to as minimum as possible v Where the pipeline works will interfere with roads and footpaths, the Council will offer alternative routes to avoid inconveniencing or subjecting the residents to dangerous trenches vi In order to avoid a lot of disturbance on the fence, the Council will ensure that the pipeline excavation occurs in as much practicable as possible; in existing openings, or between posts vii Any opening on the fences acting as temporal entry points will be closed up as soon as the pipeline is installed and backfilling completed viii The trench will be fully backfilled and the ground leveled up sufficiently Question 7 According to Sec 91, protection of the Environment (operations) Act 1997, the Ballina shire local authority can direct the occupiers of the residents to clean up the area around the sewer pipe, by removing all the structures built over the pipeline, thus help in short term solution of the problem. Sec 96 authorizes the council to intervene in a situation where an activity is carried out in an environmentally unsatisfactory manner at private premises, for instance the illegal construction of car parks done over the pipeline. The short term mitigation measure includes removing the obstruction caused by roots intrusion into the pipeline. This will still involve the entry of the maintenance staff into the residential area to carry out the repairs. Sec 191 of the Local Authority Act 1993 (Power of entry) authorizes a council employee (maintenance Technicians) to access the residential premises. Sec 191A permits the Council to carry out repairs on the sewer line within the premises. “Long term” measures include demolition of installation of a sewer pipe bigger than the provided one of diameter 400m. References Local Government (General0 regulation 2005 Local Government Act 1993 NSW POEO (Protection of the Environment Operations) Act 1997 Roads Act 1993 Read More