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Ordinary Council Meeting Thursday 7 August 2014

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Mayor: Cr B Longland

Councillors: M Armstrong (Deputy Mayor) G Bagnall

C Byrne K Milne W Polglase P Youngblutt

Agenda

Ordinary Council Meeting Thursday 7 August 2014

held at Murwillumbah Cultural and Civic Centre commencing at 5.00pm

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COUNCIL'S CHARTER

Tweed Shire Council's charter comprises a set of principles that are to guide Council in the carrying out of its functions, in accordance with Section 8 of the

Local Government Act, 1993.

Tweed Shire Council has the following charter:

• to provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively;

• to exercise community leadership;

• to exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism;

• to promote and to provide and plan for the needs of children;

• to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development;

• to have regard to the long term and cumulative effects of its decisions;

• to bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible;

• to facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government;

• to raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants;

• to keep the local community and the State government (and through it, the wider community) informed about its activities;

• to ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the council is affected;

• to be a responsible employer.

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Items for Consideration of Council:

ITEM PRECIS PAGE

CONFIRMATION OF PLANNING COMMITTEE MINUTES 5

1 [CONMIN] Adoption of the Recommendations of the Planning Committee Meeting held Thursday 7 August 2014

5

REPORTS THROUGH THE GENERAL MANAGER 7

REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES 7 2 [CNR-CM] Variation Report EC2013-092A Arkinstall Park Regional

Tennis Centre Design and Construction of Eight Courts

7

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CONFIRMATION OF PLANNING COMMITTEE MINUTES

1 [CONMIN] Adoption of the Recommendations of the Planning Committee Meeting held Thursday 7 August 2014

SUBMITTED BY: Corporate Governance

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:

1 Civic Leadership

1.2 Improve decision making by engaging stakeholders and taking into account community input

1.2.2 Decisions made relating to the allocation of priorities will be in the long-term interests of the community

SUMMARY OF REPORT:

The recommendations of the Ordinary Planning Committee Meeting held Thursday 7 August 2014 require their adoption by Council for the resolutions to be acted upon.

RECOMMENDATION:

That the recommendations of the Ordinary Planning Committee Meeting held Thursday 7 August 2014 be adopted.

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REPORT:

As per Summary.

COUNCIL IMPLICATIONS:

a. Policy:

Code of Meeting Practice Version 2.4.1.

b. Budget/Long Term Financial Plan:

Not applicable.

c. Legal:

Not Applicable.

d. Communication/Engagement:

Inform - We will keep you informed.

UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website before the meeting) or Council's libraries (from Monday the week of the meeting).

Nil.

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REPORTS THROUGH THE GENERAL MANAGER

REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES

2 [CNR-CM] Variation Report EC2013-092A Arkinstall Park Regional Tennis Centre Design and Construction of Eight Courts

SUBMITTED BY: Recreation Services

Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:

2 Supporting Community Life

2.3 Provide well serviced neighbourhoods

2.3.6 Provide conveniently placed and well equipped parks, sporting, recreational, cultural and community facilities

SUMMARY OF REPORT:

This report outlines the Variations requested by the contract superintendent during the design and construction of the Tweed Regional Tennis Centre Courts at Arkinstall Park, Tweed Heads South

The approved variations contained within this report, in addition to the anticipated variations contained within Confidential Attachment A, will exceed $150,000. In accordance with recommendation No. 2 of the Tender Evaluation Report the approval of these total variations will be outside the General Manager's authorised delegation and requires Council approval.

RECOMMENDATION:

That, in relation to EC2013-092A Arkinstall Park Regional Tennis Centre Design and Construction of Eight Courts:

1. Council approves the anticipated variations contained within Confidential Attachment A as they take the total variations to more than $150,000 and therefore exceeds the General Manager's authorised delegation.

2. The General Manager is granted delegated authority to approve variations up to 10% of the revised contract sum to a maximum of $150,000 and those variations be reported to Council following completion of the tendered works/services.

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3. ATTACHMENT A is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:-

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret.

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The works being undertaken at the Tweed Regional Tennis Centre Courts at Arkinstall Park, Tweed Heads South are progressing well and likely to be finalised within the contract period.

The original contract sum as per the Contract Award was $1,703,844.00 incl GST

In accordance with the General Conditions of Contract the Superintendent has requested the Contractor to present a price for 15 Variations to the Scope of works. These variations are listed below with a brief description of their content. They were deemed variations to the Contract by the Superintendent as they were works that were not included or foreseeable in the original tendered documents.

Approved Variations (incl GST) Variation No. 1

Remove and Replace Unsuitable Materials for the lump sum amount of $88,634.95

The site was proofed rolled as per specification in the presence of project geotechnical engineers. The geotechnical engineer’s recommendation was to excavate to a depth of 400mm and replace with Select fill totalling 402m3.

Variation No. 2

Trench for Services Relocation for the lump sum amount of $3,630.00

Costs to complete service trench work that was not included in the original scope.

Variation No. 3

Stormwater Pit Redesign for the lump sum amount of $14,506.00

Costs for relocation of truncation stormwater system to avoid Soccer Field Services Clashes.

Variation No. 4

Chamfer fence corners to allow room for light poles for the lump sum amount of $5,808.00 Additional works / Change to Design as approved by the Superintendent.

Variation No. 5

Court fencing - Hot Shot Court for the lump sum amount of $3,500.00 Additional works / Change to Design as requested by the Superintendent.

Variation No. 6

Extra Electrical Works Design and cost savings for the lump sum amount of -$4,260.00 Design change to allow for shared poles on the eastern side of Court 4, which are aimed at court 5 thus allowing for court 5 poles to be deleted, avoiding the clash with the services supplying the football field.

Variation No. 7

Replacement fence between Courts 11 and 12 for the lump sum amount of $5,016.00 Additional works / Change to Design as requested by the Superintendent.

Variation No. 8

Pavement levels design change at court 2 and 4 for the lump sum amount of $12,047.00

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Additional costs for several variations that relate to pathway levels, drainage falls, concrete dish drains and concrete edging interfaces with existing courts, building sequencing and details drainage design work.

Variation No. 9

Design change to dish drain and kerbing for the lump sum amount of $18,068.00 Variation No. 10

Court 1 Light Post Footings for the lump sum amount of $4,890.00 Variation No. 11

Changes to fencing arrangements for the lump sum amount of -$1,660.19 Variation No. 12

Design change to dish drain and kerbing for the lump sum amount of $10,818.00 Variation No. 13

Garden kerbing and landscape edging for the lump sum amount of $18,700.00 Variation No. 14

Changes in external structures and furniture for the lump sum amount of -$36,292.83 Variation No. 15

Concrete Seat walls for the lump sum amount of -$11,684.31 Total Approved Variations Value $131,720.62 including GST.

OPTIONS:

1. Approve the estimated Variations listed in the confidential attachment as deemed necessary by the Superintendent appointed to administer the contract.

2. Do not approve the estimated Variations listed in the confidential attachment as deemed necessary by the Superintendent appointed to administer the contract.

CONCLUSION:

That Council approve the listed variations contained within this report and the confidential attachment, as they accumulate to more than $150,000 of the Contract Value and therefore exceeds the General Manager's authorised delegation

COUNCIL IMPLICATIONS:

a. Policy:

Procurement Policy v1.5

The General Manager is given delegated authority to approve variations up to 10% of the initial contract sum to a maximum of $150,000 and those variations be reported to Council following completion of the tendered works/services.

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b. Budget/Long Term Financial Plan:

Not Applicable c. Legal:

Not Applicable.

d. Communication/Engagement:

Inform - We will keep you informed.

UNDER SEPARATE COVER/FURTHER INFORMATION:

Confidential Attachment A Supplementary Information - Variation Report EC2013-092A Arkinstall Park Regional Tennis Centre Design and Construct Eight Courts (ECM3418935).

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