Late Agenda of Ordinary Meeting of Council

Ordinary Meeting of Council

TO BE HELD ON Tuesday, 16 August 2022 AT 7:00PM

Level 3, Council Chamber

Late Agenda

** ** ** ** ** **

NOTE: For Full Details, See Council’s Website –

www.krg.nsw.gov.au under the link to business papers

GB.14 Tender NSROC - RFT20-2021 - Road Surfacing, Patching, and Associated Works - 2022 to 2024 4

File: RFT20-2021

To seek Council's approval to accept the Northern Sydney Regional Organisation of Councils (NSROC) tender for the schedule of rates for supply; supply and delivery; and supply, delivery and laying of asphaltic concrete, including associated road profiling and heavy patching and other work items for the period 2022/2023 and 2023/2024.

Recommendation:

In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council accept the recommendation as detailed in the confidential Attachment 1.

GB.15 4 Pennant Avenue Gordon – Risk Assessment 9

File: S13604

That Council temporarily restricts community access to 4 Pennant Avenue Gordon until Council resolves a purpose for the site and the appropriate remediation is completed.

Recommendation:

That Council temporarily restricts community access to 4 Pennant Avenue Gordon until Council resolves a purpose for the site and the appropriate remediation is completed.

Ordinary Meeting of Council - 16 August 2022	GB.14 / 5

Item GB.14	RFT20-2021
	29 June 2022

Tender NSROC - RFT20-2021 - Road Surfacing, Patching, and Associated Works - 2022 to 2024

EXECUTIVE SUMMARY

purpose of report:	To seek Council's approval to accept the Northern Sydney Regional Organisation of Councils (NSROC) tender for the schedule of rates for supply; supply and delivery; and supply, delivery and laying of asphaltic concrete, including associated road profiling and heavy patching and other work items for the period 2022/2023 and 2023/2024.

background:	Tenders for the supply, supply and delivery and supply, delivery and laying of asphaltic concrete were called by NSROC on behalf of all member Councils. Submissions for these services for 2022/2023 and 2023/2024 closed on 29^th April 2022.

comments:	Tender documents were received from thirteen (13) companies. The submissions were assessed using published criteria which identified the best value to Council.

recommendation:	In accordance with Section 55 of the Local Government Act and Tender Regulations, it is recommended Council accept the recommendation as detailed in the confidential Attachment 1.

Purpose of Report

Background

Tenders for the supply, supply and delivery; and supply, delivery and laying of asphaltic concrete including the associated road profiling and heavy patching works were called by the Northern Sydney Regional Organisation of Councils (NSROC) for the periods 2022/2023 and 2023/2024.

The tender had a nominated closing date of 29^th April 2022.

The tender was operated in two stages:

· Stage 1 consisted of an open tender EOI published on Tenderlink and in the Sydney Morning Herald and asked for:

a) non-price submissions establishing qualifications and capability of tenderers to deliver both Other Asphalt Services and Principal Asphalt Services, and

b) price offers for Other Asphalt Services.

· Stage 2 was a selective tender and invited prices for Principal Asphalt Services. Selection of contractors invited to submit prices was based on an assessment of the non-price submissions received in stage 1(a) of the tender. Of 18 responses received in stage 1(a), 14 were invited to submit prices for Principal Asphalt Services and 13 responses were received.

The proposed contract term will initially commence on the date of the relevant contract and expire on 30 June 2024. Each council also have the option to extend for up to one (1) year extension at Council’s discretion and subject to satisfactory performance at annual contract review.

Comments

The Tender Evaluation Committee (TEC) was established by NSROC participating Council members to evaluate the tender submissions received.

Each submission was reviewed independently and any exclusion and / or significant clarification to tender were noted.

Eleven (11) submissions were considered to be complying tenders and were subsequently assessed by the TEC. Two (2) submission was not completed according to the requirements. Therefore, as a non-conforming tender, it was excluded from further assessment.

Various pricing scenarios were conducted by the TEC. NSROC tender Evaluation committee report has endorsed six conforming organisations as successful for profiling + supply, Delivery and laying of asphalt.

Below are six Tenderers referred to in recommendations in this pricing analysis and correspond with the following:

Tenderer A – Stateline Asphalt

Tenderer B – Boral

Tenderer C - Downer EDI Works Pty Ltd

Tenderer D – ANJ Paving

Tenderer E – State Asphalt

Tenderer F – Fulton Hogan

Confidential Attachment A1 provides the NSROC Tender Evaluation Committee Report

Governance Matters

Tenders were called in accordance with Section 55 of the Local Government Act and Tendering Regulations.

The attachments are considered to be confidential in accordance with Section 10A (2)(d)(ii) of The Local Government Act 1993 as they are considered to contain commercial in confidence information.

In accordance with Paragraph 3.18 of the Division of Local Government Tendering Guidelines, NSW State Government Memorandum 2007-1 Public Disclosure of Information Arising from NSW Government Tenders and Contracts, and Part 3 Division 5 of the Government Information (Public Access Act) 2009 (“GIPA”), once the contract is effective the name of the successful tenderers and other relevant information will be published on Council’s website in the Contract Register. In addition, in accordance with Clause 179 of the Local Government (General) Regulation 2005, unsuccessful tenderers will also be notified once the contract is effective.

Risk Management

Road surfacing, patching and associated works are considered a high risk operation from a Work Health Safety (WHS) perspective. Four (4) key areas of risk were identified in relation to the Tender:

· That work needed to be carried out by a suitably qualified company with experience in works prescribed under the Specifications in a Local Government context.

· Capacity and availability.

· Proven ability to undertake works to appropriate safety, quality and environmental standards with necessary systems in place to ensure compliance with Council’s requirements.

· That participating Councils should not be exposed to financial risk.

The following evaluation approaches were developed to address the key risk areas:

· An Evaluation Plan was developed prior to the assessment to appraise the relevant Tender Schedules.

· An independent financial and related part risk assessment be done on each tenderer to ensure they were trading responsibly and had the financial capacity to undertake the work as detailed within the tender submission.

Financial Considerations

The rates submitted by Tenderers will be utilised to undertake the majority of works under the 2022/2023 and 2023/2024 Road Pavement Program for local and regional roads which has been adopted by Council.

Social Considerations

The tender will be utilised to renew roads across Ku-ring-gai, offering improvements to local infrastructure for the community.

Environmental Considerations

Environmental measures are included in the contract specification.

Community Consultation

Consultation has taken place with other Council members of Northern Sydney Regional Organisation of Councils (NSROC) for the preparation of the tender.

Internal Consultation

Consultation has taken place with staff from the Corporate Department to ensure probity.

Summary

A total of elven (11) submissions were correctly received and assessed by the Tender Evaluation Panel.

Recommendation:

A. Council accept NSROC Tender Evaluation Committee Report recommendation.

B. That the tender rates submitted by ANJ paving, Boral, Downer Edi, Fulton Hogan, State Asphalt and Stateline Asphalt be accepted as the preferred contractors for the profiling, supply, delivery and laying of asphaltic concrete for 2022/2023 and 2023/2024.

C. That the tender rates submitted by C&D Asphalt, J&M Schembri, Planet Civil and Stateline Asphalt be accepted for Patching and Road pavement for 2022/2023 and 2023/2024.

D. That the tender rates submitted by Complete Line Marking and Optimal Civil be accepted for Line and Pavement Marking for 2022/2023 and 2023/2024.

E. That authority be given to the Mayor and General Manager to affix the Common Seal of Council to the instrument for the Contract for the for supply; supply and delivery; and supply, delivery and laying of asphaltic concrete, including associated road profiling and heavy patching and other work items for the period 2022/2023 and 2023/2024.

Razib Rahman

Coordinator Engineering Assets

Mark Shaw

Manager Technical Services

George Bounassif

Director Operations

Attachments:

NSROC Tender Evaluation Committee Report

Confidential

Ordinary Meeting of Council - 16 August 2022	GB.15 / 1

Item GB.15	S13604

4 Pennant Avenue Gordon – Risk Assessment

EXECUTIVE SUMMARY

purpose of report:
background:	At the 26 July 2022 Ordinary Meeting of Council, Council considered GB.17 Planning Proposal for part 4 Pennant Avenue Gordon – consideration of Public Exhibition and Public Hearing. During the debate it was identified that the site was contaminated and has potential to impact on human health. Following the meeting, it was decided that a detailed risk assessment was necessary to determine the suitability of maintaining the site accessible to the general community.
comments:	Council staff engaged Alliance Geotechnical Pty Ltd to undertake a risk assessment of the site and provide recommendations to manage the risks associated with the site contamination. A preliminary assessment of the detected concentrations of bonded ACM was undertaken against NSW EPA endorsed asbestos in soil human health exposure risk criteria for a land use scenario comprising ‘public open space such as parks, playgrounds, playing field (e.g. ovals), secondary schools and unpaved footpaths’. The reported concentrations were assessed as exceeding relevant asbestos in soil criteria. The assessment recommended that the site should be restricted to the general public until remediation is undertaken to address the risk of exposure to the community. Council staff also undertook a risk assessment of the dilapidated infrastructure and have provided a summary of recommendations if the site was to remain open.
recommendation:	That Council temporarily restricts community access to 4 Pennant Avenue Gordon until Council resolves a purpose for the site and the appropriate remediation is completed.

Purpose of Report

For Council to consider the risk assessments undertaken at 4 Pennant Avenue Gordon and determine whether to restrict public access to the site.

Background

At the 26 July 2022 Ordinary Meeting of Council, Council considered GB.17 Planning Proposal for part 4 Pennant Avenue Gordon – consideration of Public Exhibition and Public Hearing. During the debate it was identified that the site was contaminated and has potential to impact on human health. Following the meeting, it was decided that a detailed risk assessment was necessary to determine the suitability of maintaining the site accessible to the general community.

Comments

Council staff engaged Alliance Geotechnical Pty Ltd to undertake a risk assessment of the site and provide recommendations to manage the risks associated with the site contamination. The scope of work included a desktop review of the detailed site investigation (DSI) undertaken in 2018, a site inspection and an assessment of the data in the original DSI. The outcome of the assessment can be viewed in attachment A1.

The desktop review indicated that:

1. bonded asbestos containing material (ACM) was observed on the western embankment on the northern most bowling green.

2. ACM was observed in the soil of the northeast corner.

3. A preliminary assessment of the detected concentrations of bonded ACM was undertaken against NSW EPA endorsed asbestos in soil human health exposure risk criteria for a land use scenario comprising ‘public open space such as parks, playgrounds, playing field (e.g. ovals), secondary schools and unpaved footpaths’. The reported concentrations were assessed as exceeding relevant asbestos in soil criteria.

4. The extents of identified asbestos impacts in soils have not yet been assessed and/or delineated.

5. There are portions of the site, where there is a potential for asbestos and other contaminants of potential concern (COPC) to be present in soils, which have not yet been assessed due to existing site constraints. (e.g. presence of building footprints, hardstand materials etc).

A site inspection was undertaken by the consultant on 29 July 2022 and observed all areas of concern and noted that the site conditions remained the same as they were at the time of undertaking the DSI. It was also noted that the site was not remediated.

Although not in his scope of work, the consultant observed and noted the following site hazards in the contexts of the site being used as open space:

1. Given the age of the site structures including buildings, there is a potential for hazardous building materials to be present (including asbestos, lead paint and polychlorinated biphenlyls (PCB))

2. Dilapidated and damaged infrastructure

3. Trip hazards from damaged and dilapidated edging for bowling greens

4. Dilapidated and damaged awnings adjacent to bowling greens contain protruding metal bars

5. Damaged bench seats

6. Unfenced retaining walls and steep slopes

Based on the risk assessment, Alliance Geotechnical Pty Ltd recommended:

1. Should Council wish to immediately mitigate unacceptable asbestos in soil human health exposure risks to people using the site as a public open space, then it is recommended that access to the site by the general public be restricted.

2. Should Council wish to make the site available for access by people to use the site as a public open space, without unacceptable asbestos in soil human health exposure risks, then it is recommended that:

I. Access to the site should be temporarily restricted;

II. The data gaps relating to the extent of asbestos in soils at site should be assessed, in the context of current NSW EPA made or endorsed guidance (noting some of that guidance has been updated since the DSI undertaken in 2018);

III. All unacceptable asbestos in soil human health risks should then be managed and/or remediated to a level that those risks are no longer unacceptable, and subsequently validated. Depending on the location, nature and extent of the asbestos, those management or remedial strategies could include in-situ containment, ex-situ containment, or offsite removal, or a combination of these strategies. It is noted that the data gap assessment may identify other non-asbestos human health risks in soil, which may also require management and/or remediation, and subsequent validation. It is also noted that if unacceptable contamination risks are managed on site (rather than removed), then:

a. an environmental management plan (EMP) would be attached to the site (subject to Council’s view on the legality of the draft EMP and its legal enforceability, taking into account exempt and complying development which might occur at the site);

b. there are appropriate public notification of restrictions applying to the land (typically achieved via appropriate notations on a Section 10.7 planning certificate under the Environmental Planning and Assessment Act, or a covenant registered on the title to the land under Section 88B of the Conveyancing Act 1919;

c. relevant site owners, managers and users would need to be made aware of, and trained in, relevant requirements of the EMP;

IV. If access to the site is required by Council’s staff or subcontractors, then this should be carefully managed relative to the hazards that exist on site and the nature of work being undertaken at the site, including obtaining advice from a suitably experienced environmental consultant / occupational hygienist;

V. All land contamination assessment, remedial planning and validation works should be undertaken by a suitably experienced environmental consultant.

VI. The hazardous building materials register for the site (if one exists) be reviewed in the context of the current condition, and land use scenario, of the site, or a hazardous building materials survey be prepared for the site, giving due consideration to relevant SafeWork NSW guidance and Australian Standards. This work should be undertaken by a suitably experienced environmental consultant or occupational hygienist.

VII. Relevant control and management measures in the hazardous building materials register or survey be implemented by suitably licensed contractors. Those measures could include ongoing monitoring, encapsulation, sealing, or removal, or a combination of these; and

VIII.A suitably experienced person be engaged to undertake a risk assessment of all structures and surfaces at the site, so that hazards associated with dilapidation, damage, slope and heights are appropriately identified, and control measures are developed, implemented and monitored.

In response to the recommendations, Council staff have commenced a hazardous building materials assessment and undertaken a risk assessment on all structures.

The site risk assessment has been undertaken and recommended the following if the site remained accessible to the community (Attachment A2):

1. Remove star pickets and loose corrugated iron

2. Remove or reinstate sleepers

3. Boat should be removed

4. Fix broken fence in parking

5. Fix pothole in parking

6. Remove all damaged benches

7. Removal of all shade structures

8. Removal of damaged concrete edges around bowling green to avoid trip hazards

9. Removal of steel soil bay

10. Replacement of the broken pit lid at the rear of the property

11. Removal of flagpole

12. Instal a 1300mm high fence above the retaining wall located at the south side of the site

13. Remove the soil storage shed at the bowling green – note bonded asbestos in structure

14. Removing, securing, or isolating the electricity box at the centre of the bowling greens

15. Review all taps onsite to determine potable water

16. Clear walkway

Based on the risk assessment undertaken by Alliance Geotechnical Pty Ltd and Council’s Risk Assessment Panel, it is proposed to restrict community access only to the soft landscape areas. The car park area will remain accessible to the community (Image 1)

Image 1: Aerial photo of site (red) and proposed chainwire fencing restricting public access beyond the car park (yellow)

integrated planning and reporting

Theme 3: Places, Spaces and Infrastructure

Community Strategic Plan Long Term Objective	Delivery Program Term Achievement	Operational Plan Task
P2.1: A robust planning framework is in place to deliver quality design outcomes and maintain the identify and character of Ku-ring-gai	P2.1.1: Land use strategies, plans and processes are in place to effectively manage the impact of new development	P2.1.1.2: Continue to review the effectiveness of existing strategies, local environmental plans, development control plans and processes across all programs

Community Strategic Plan Long Term Objective

Delivery Program

Term Achievement

Operational Plan

Task

P2.1: A robust planning framework is in place to deliver quality design outcomes and maintain the identify and character of Ku-ring-gai

P2.1.1: Land use strategies, plans and processes are in place to effectively manage the impact of new development

P2.1.1.2: Continue to review the effectiveness of existing strategies, local environmental plans, development control plans and processes across all programs

Governance Matters

Council identified that 4 Pennant Av Gordon was contaminated and has potential to impact on human health. A risk assessment undertaken recommended restricting public access to the site. Given the nature of the site being utilised by the general public and the site being classified as ‘Community” land, it is appropriate that restricting public access is considered and resolved by Council.

Risk Management

A review of the contamination report for the land at 4 Pennant Avenue Gordon (formerly known as the Gordon Bowling Club) has noted that the concentrations of bonded ACM in the soil profile was assessed against NSW EPA endorsed asbestos in soil human health exposure risk criteria for a land use scenario comprising ‘public open space such as parks, playgrounds, playing field (e.g. ovals), secondary schools and unpaved footpaths’. The reported concentrations were assessed as exceeding relevant asbestos in soil criteria.

In addition to this, there are portions of the site where there is a potential for asbestos and other contaminants of potential concern (COPC) to be present in soils, which have not yet been assessed due to existing site constraints. (e.g. presence of building footprints, hardstand materials etc). furthermore, given the age of the site structures including buildings, there is a potential for hazardous building materials to be present (including asbestos, lead paint and polychlorinated biphenlyls (PCB)).

Council also undertook a site risk assessment removal and repairs of infrastructure if the site was to remain accessible for the public.

Financial Considerations

It is proposed to restrict public access to 4 Pennant Avenue Gordon. The cost of installing a fixed fence to restrict public access is approximately $6,500. This will be funded from the Open Space Maintenance Recurrent budget.

Social Considerations

Council is responsible for providing safe open space areas for the enjoyment of the community. The site does not provide safe conditions in its current state. Restricting community access could impact negatively on current passive users however it is proposed to restrict access only to the soft landscape areas. The car park area will remain accessible to the community.

Environmental Considerations

The actions from the DSI requires the site to be remediated at some stage in the future. A Remediation Action Plan is pendant on Council’s decision regarding the purpose of the site. At this stage it is proposed to restrict public access, engaged an occupational hygienist to provide advise to Council staff regarding maintenance work onsite.

Community Consultation

It is proposed to restrict access for the community due to a preliminary assessment of the detected concentrations of bonded ACM exceeding relevant asbestos in soil criteria. Due to the urgency of this health risk there has been no community consultation.

Internal Consultation

Council’s Technical Services and Infrastructure Services business units have been consulted regarding the findings. It was determined that the site should be restricted until Council has resolved a purpose for the site.

Summary

Alliance Geotechnical Pty Ltd have completed a risk assessment of the site at 4 Pennant Avenue Gordon (formerly known as the Gordon Bowling Club). The risk assessment determined that due to the existence of bonded asbestos containing material (ACM) in the soil profile, the site should be restricted to public access. Furthermore, concerns were identified regarding the age of the site structures including buildings, and the potential for hazardous building materials to be present (including asbestos, lead paint and polychlorinated biphenlyls (PCB)) as well as the risks that all other dilapidated infrastructure pose to the community.

Council staff have also undertaken a site risk assessment and recommended that Council staff develop a short term prioritisation plan to address the hazards through means of repairs or removal if the site remains accessible to the community.

Recommendation:

That Council:

A. Temporarily restricts public access to 4 Pennant Avenue Gordon until Council resolves a purpose for the site and the appropriate remediation is complete. Restrictions are isolated to the soft landscape areas. The car park area will remain accessible to the community.

B. Engages an experienced environmental consultant or occupational hygienist for advice regarding Council staff accessing the site for maintenance purposes.

C. Ensures a building materials investigation is undertaken and Council’s hazardous building materials register is updated with any findings.

George Bounassif

Director Operations