DESIGN AND CONSTRUCTION OF MULTI-FUNCTION BUILDING AT BAROOGA RECREATION RESERVE

CONTRACT DOCUMENTS

CONTRACT NO. T02/12/13 SPECIFICATION NO. T02/12/13

Tenders Close –Wednesday 23rd January 2013

BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

Table of Contents

SECTION ONE – CONDITIONS OF TENDERING ...... 14 1.1 NATURE OF CONTRACT ...... 14 1.2 TENDER DOCUMENTS ...... 14 1.3 TENDERER TO INFORM HIMSELF/HERSELF ...... 14 1.4 SUBMISSION OF TENDER ...... 14 1.5 DOCUMENTS TO BE LODGED ...... 15 1.6 LODGEMENT OF TENDERS ...... 15 a) Submission Procedure ...... 15 b) eTendering ...... 15 c) Tender Box ...... 16 1.7 CLOSING TIME AND DATE FOR SUBMISSION OF TENDERS ...... 16 1.8 LATE TENDERS ...... 16 1.9 PREREQUISITES OF ACCEPTANCE ...... 16 1.10 ACCEPTANCE OF TENDER ...... 17 1.11 POST TENDER SUBMISSIONS ...... 18 1.12 POST TENDER NEGOTIATIONS ...... 18 1.13 PRELIMINARY DEPOSIT ...... 18 1.14 SECURITY DEPOSIT ...... 19 1.15 WITHDRAWAL OF TENDER ...... 19 1.16 EXPENSES ...... 19 1.17 INFORMAL TENDERS ...... 19 1.18 WORKING PRACTICES ...... 19 1.19 CONTRACTOR OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT SYSTEM QUESTIONAIRE ...... 19 SECTION TWO – CONDITIONS OF CONTRACT ...... 20 2.1 PROVISIONS OF AS4300-1995 ...... 20 2.2 ANNEXURE to the Australian Standard ...... 20 PART A - AS 4300 - 1995 ...... 20 PART B - DELETIONS, AMENDMENTS AND ADDITIONS...... 26 2.3 SPECIAL CONDITIONS OF CONTRACT ...... 27 2.3.1 GOODS AND SERVICES TAX (GST) ...... 27 2.3.2 LONG SERVICE LEAVE LEVY ...... 27 2.3.3 SUBCONTRACTORS/WORKERS ...... 27 2.3.4. COST OF SUSPENSION - CLAUSE 34.4 (AS4300) ...... 27

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2.3.5 VARIATIONS - CLAUSE 40 (AS4300) ...... 27 2.3.6. TEMPORARY BUILDINGS ...... 27 2.3.7 ROYALTIES AND PATENT RIGHTS (AS4300) ...... 28 SECTION THREE – DESIGN & CONSTRUCTION - GENERAL ...... 28 3.1 COMMENCEMENT OF WORK ...... 28 3.2 EXISTING UTILITY SERVICES ...... 28 3.3 COMPLIANCE WITH STANDARDS AND CODES ...... 28 3.4 WORKING HOURS ...... 28 3.5 SITE ESTABLISHMENT ...... 28 3.6 OCCUPATIONAL HEALTH, SAFETY AND REHABILITATION ...... 29 3.7 WATER ...... 29 3.8 POWER FOR SITE USE ...... 29 3.9 DRAWINGS ...... 29 3.10 WORKS AS CONSTRUCTED DRAWINGS ...... 29 SECTION FOUR – PROJECT BRIEF ...... 30 4.1 PROJECT OBJECTIVE ...... 30 4.2 LOCATION ...... 30 4.3 SITE ...... 30 4.4 DEMOLITION ...... 30 4.5 CONSTRUCTION ...... 30 4.6 NUMBER OF SHOWERS AND TOILETS TO BE PROVIDED: ...... 31 4.7 FACILITIES FOR PEOPLE WITH DISABILITIES ...... 31 4.8 SPECIAL REQUIREMENTS: ...... 32 4.9 TIMING AND COMPLETION ...... 32 SECTION FIVE – TENDER DOCUMENTS ...... 33 FORM OF FORMAL INSTRUMENT OF AGREEMENT FOR DESIGN AND CONSTRUCT CONTRACT...... 34 TENDER FORM ...... 35 SCHEDULE OF TENDERER’S EXPERIENCE ...... 36 SCHEDULE OF PRICES ...... 37 SCHEDULE FOR COMMENCEMENT AND COMPLETION ...... 38 SCHEDULE OF PROPOSED CONTRACTOR'S PERSONNEL ...... 39 REGISTER OF TENDERER’S SUBCONTRACTORS AND SUPPLIERS ...... 40 OCCUPATIONAL HEALTH & SAFETY MANAGEMENT SYSTEM QUESTIONNAIRE 41

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SPECIFICATIONS

SECTION ONE – CONDITIONS OF TENDERING

1.1 NATURE OF CONTRACT The contract for which a Tender in accordance with these Conditions of Tendering is made is a Lump Sum Contract and is not subject to rise and fall provisions. All work performed under it shall be in accordance with the Tender documents as defined hereunder.

1.2 TENDER DOCUMENTS The Tenderer is to tender on the following documents:-

 conditions of tendering  specifications  tender drawings  general conditions of contract ( AS 4300 - 1995) including annexure  special conditions of contact  any other documents as are issued by the Principal for the purpose of tendering

1.3 TENDERER TO INFORM HIMSELF/HERSELF The Tenderer shall be deemed to have

1.3.1 Examined the tender documents, the site and its surroundings, any other information made available in writing by the principal or superintendent to the Tenderer for the purpose of tendering.

1.3.2 Examined all information relevant to the risks, Contingencies and other circumstances having affect on his/her tender and which is obtained by the making of reasonable enquires.

1.3.3 Satisfied himself/herself as to the correctness and sufficiency of his/her tender and that the tender price covers the costs of complying with all the obligations of the tender documents and of all matters and things necessary for the due and proper performance and completion of the work described in the tender documents.

1.4 SUBMISSION OF TENDER 1.4.1 The tender shall be submitted on the enclosed form.

1.4.2 The Tenderer shall set forth:-

 If a person - the name in full and address of the person;

 If a firm - the name of the firm and the name in full and address of each member of the firm;

 If a corporation or company - the name of the corporation or company and its registered office.

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1.4.3 The Tenderer shall include an address for service of notices for the purposes of this tender and any subsequent contract arising out of this tender.

1.4.4 The Tenderer shall sign the tender, or if the Tenderer is a Corporation or company shall affix its common seal in the manner described by its articles of association or shall otherwise have the tender formally executed.

1.4.5 The Tender shall be for the whole of the work described in the tender documents unless the tender documents otherwise provide.

1.4.6 The Tenderer shall not alter or add to any tender document except as required by these Conditions of Tendering.

1.5 DOCUMENTS TO BE LODGED The Tenderer shall include in the Tender, the following documents in a sealed envelope:-

 Concept design plan containing a typical floor plan and elevations  Tender Form  Schedule of Contractors Experience  Schedule of Proposed Contractor’s Personnel  Register of Tenderer’s subcontractors and suppliers  Schedule of Prices  Notification of Tender Amendment (if applicable)  Schedule for Commencement and Completion  Contractor Occupational Health and Safety Management System Questionnaire

1.6 LODGEMENT OF TENDERS

a) Submission Procedure Tenders shall be submitted on the forms provided by the principal by any of the following methods:

 eTendering

 Tender Box

If more than one tender submission is made, mark each submission clearly as to whether it is a copy, an alternative tender, or whether the submission supersedes another submission.

b) eTendering The “Tenderlink” tendering system has the to allow viewing of documents, downloading or ordering of requests for tender (RFT) and submission of tenders.

https://www.tenderlink.com/berriganshire/

If you require assistance with making your electronic response, a technical help desk is available on Ph. 1800 233 533.

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Legal Status

Tenders submitted electronically will be treated in accordance with the NSW Electronic Transaction Act 2000, and given no lesser level of confidentiality, probity and attention than tenders submitted by other means.

Tenderers, by electronically submitting a tender, are taken to have accepted any conditions shown on the NSW Government eTendering web site.

The Principal may decline to consider for acceptance, tenders that cannot be effectively evaluated because they are incomplete or corrupt.

Electronic Format for Submissions

Tenders submitted electronically must be in PDF format.

File Compression

Tenderers may compress electronic tenders in any format that can be decompressed by WinZip.

Tenderers must not submit self-extracting (*.exe) zip files.

Change of Tender Form Text

Tenderers must not change existing text in electronic tender forms other than to insert required information.

c) Tender Box Tenders shall be enclosed in a sealed envelope marked confidential with the contract number and shall be lodged in the tender box at the reception area, Berrigan Shire Offices, 56 Chanter Street Berrigan or sent by prepaid post to Post Office Box 137, Berrigan 2712 by the date and time for closing of tenders.

The envelope marked as:

Contact No: T02/12/13

“Tender Design and Construction of Multi-Function Building at Barooga Recreation Reserve”.

1.7 CLOSING TIME AND DATE FOR SUBMISSION OF TENDERS All tenders submitted by either eTendering or tender box are to be received before the closing time and date for tenders which is:

Time: 2:00pm

Date: Wednesday 23rd January 2013

1.8 LATE TENDERS A posted tender which is received after the closing time and date will not be considered.

1.9 PREREQUISITES OF ACCEPTANCE

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1.9.1 Notwithstanding any other requirements of the tender documents, the Principal or Superintendent may require a Tenderer to submit additional information to allow further of the tender before tender is accepted.

1.9.2 Should the Tenderer fail to submit any of the information so required by the date and time stipulated by the Principal or Superintendent the tender may be treated as informal.

1.9.3 The Principal may require a Tenderer to submit any or all of the following:-

 A Statement of facts in detail as to his previous experience and achievement in performing similar or comparable work and his resources and ability to carry out the Works.

 A Construction Program in such a form as may be required showing the dates by which or the times within which the various stages or parts of the Works are to be completed or executed.

 Details of the method of construction proposed to be used in executing the Works.

 Details of management systems employed by the Contractor for control of Quality Assurance, Environmental Damage and Occupational Health and Safety.

 Details of Personnel to be employed on the contract.

1.10 ACCEPTANCE OF TENDER 1.10.1 The lowest tender will not necessarily be accepted and only those tenders received by the closing date, including all documents mentioned in clause 1.5 shall be considered.

1.10.2 The Tenderer may submit an alternative tender based on alternative methods or materials with full details of a schedule of rates, cost variation for each proposal and a total cost for the proposal. A Tenderer submitting alternatives shall also submit a tender that complies completely with the tender documents.

1.10.3 A tender shall not be deemed to have been accepted unless and until notice in writing of such acceptance is handed to the Tenderer or is sent by prepaid post to the address stated in the tender form.

1.10.4 The process of acceptance of the Tender is as follows:-

1. Close of Tender;

2. Evaluation of Tender;

3. Letter of Acceptance;

4. Verification of workers compensation insurance, insurance of works and public liability insurance;

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5. Contractor to sign “Contract Agreement”;

6. Commencement of work.

1.10.5 Evaluation, negotiation and selection of tenders shall be in accordance with the requirements of AS4120, Code of Tendering and NSW Local Government (Tendering) Regulation 1993 under the NSW Local Government Act 1993 and Council Tender Evaluation Policy (No. 92) and the evaluation criteria shall be as follows:

Highest Possible Criteria Weighting Score

1. Price 4 5

2. Compliance with Specification 4 5

3. Track Record 4 3

4. Quality Systems 4 3

5. Availability of Appropriate Skills & Resources 4 3

6. Occupational Health & Safety Considerations 4 3

7. Community Economic Benefit 4 3

 The Principal is not bound to accept the lowest, or any tender.  The successful Tenderer, and the price that is accepted, shall be notified in writing to all Tenderers.

1.11 POST TENDER SUBMISSIONS The Principal may call for post tender submissions from some or all Tenderers in order to assist with the evaluation.

Such submissions will be confidential between the Principal and Tenderer.

The call for such submissions will not bind the Principal to proceed to accept a tender.

1.12 POST TENDER NEGOTIATIONS The Principal may enter into negotiation with a Preferred Tenderer or a number of Tenderers.

Such negotiations will be confidential between the Principal and Tenderer and will be conducted in accordance with guidelines set out in AS4120 (1994).

The undertaking of negotiations will not bind the Principal to proceed to accept a tender.

1.13 PRELIMINARY DEPOSIT A Preliminary Deposit is not required.

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1.14 SECURITY DEPOSIT A security deposit is not required.

1.15 WITHDRAWAL OF TENDER Tenderers may not withdraw their tenders for a period of sixty (60) days from the date of closing of tenders.

1.16 EXPENSES The Tenderer shall not make claims to any expense incurred in the preparation of the tender.

1.17 INFORMAL TENDERS Any tender may be rejected which does not comply with the requirements of or which contains provisions not required or allowed by the tender documents.

1.18 WORKING PRACTICES The Contractor shall carry out the work in a safe and workman like manner in accordance with all legal requirements following all appropriate occupational health and safety requirements.

The Tenderer will allow for this and all other expenses incurred in complying with this specification when preparing the Tender.

1.19 CONTRACTOR OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT SYSTEM QUESTIONAIRE To ensure that the Council meets its own occupational health and safety requirements, all tenderers are required to complete the attached questionnaire on their own occupational health and safety management system. The completed questionnaire is to be included in the Tender submission.

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SECTION TWO – CONDITIONS OF CONTRACT

2.1 PROVISIONS OF AS4300-1995 The provisions of AS4300-1995 will apply to the contract. For full details, Tenderers should obtain a copy of Australian Standard – General conditions of contract for design and construct (AS4300-1995)

2.2 ANNEXURE to the Australian Standard General Conditions of Contract for Design and Construct

PART A - AS 4300 - 1995 This Annexure shall be completed and issued as part of the Tender Document and subject to any amendments to be incorporated into the Contract, its to be attached to these General Conditions of Contract and shall be read as part of the Contract.

1. The applicable is that of the New South Wales State or Territory of : (Clause1)

2. Payments under the Contract Berrigan, New South Wales shall be made at: (Clause 1)

3. The Principal: (Clause 2) Berrigan Shire Council ......

4. The address of the Principal Shire Offices

56 Chanter Street

BERRIGAN NSW 2712

(PO Box 137, BERRIGAN NSW 2712)

5. The Contractor: (Clause 2) ......

......

6. The address of the Contractor ......

......

......

7. The Superintendent: (Clause 2) Fred Exton

8. The address of the Berrigan Shire Council, Superintendent: 56 Chanter Street

BERRIGAN NSW 2712

(PO Box 137, BERRIGAN NSW 2712)

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9. The Date for Practical Completion: (clause 2) Monday 2nd September 2013 OR

The period of time for practical Completion: (Clause 2)

10. Preliminary Design: (Clause 2) (A) A Preliminary Design is included in the Principal’s Project Requirements.

11. The Principal’s Project Documents describing the Requirements are described in Principal’s Project the following documents Requirements are: (additional to those listed in the Annexure item for Preliminary Design): (Clause 2) This Specification

12. Limits of accuracy applying to Upper Limit - Not Applicable quantities for which the Principal accepted a rate or rates: (Clause 3.3(b)) Lower Limit - Not Applicable

13. Contractor shall provide security Not Applicable in the amount of: (Clause 5.2) ...... $ ......

14. Principal shall provide security Not Applicable in the amount of: (Clause 5.2 ) ...... $......

15. Retention moneys shall be Ten (10) per cent of the value deducted progressively as of the work incorporated into follows: (Clauses 5.5 and 42.1) the Works until 5 per cent to the Contract Sum is reached.

16. The period of notice required of Not Applicable a party’s intention to convert security into cash or to have recourse to security or retention moneys: (Clause 5.6)

17. The percentage to which the Not Applicable Principal’s entitlement to and retention money is reduced: (Clause 5.8)

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18. The percentage to which the Not Applicable Contractor’s entitlement to security is reduced: (Clause 5.8)

19. Holding of an interest on cash Alternative 2 security and retention moneys- the Alternative applying: (Clause 5.10)

20. The number of copies of 1 documents to be supplied by the Principal: (Clause 8.3)

21. Documents, numbers of copies DOCUMENTS NO. OF and the times or design stages COPIES at which they are to be supplied Construction by the contractor: (Clause 8.4) Drawings 3 Technical Specification 3

22. The time within which the Seven (7) days Superintendent must give a direction as to the suitability of documents: (Clause 8.4)

23. Work which cannot be WORK BY WORK BY subcontracted without approval CONSULTANTS OTHERS (Clause 9.2) ALL ALL

24. Subcontractors or Selected Not Applicable Subcontractors whose the Principal may direct be novated:(Clause 10)

25. The percentage for profit and Not Applicable attendance (Clause 13.2)

26. Intellectual property rights Alternative 1 (Principal) granted to the Principal - the Alternative applying: (Clause (if nothing stated, Alternative 1 13.2) applies)

27. Legislation Requirements not required to be satisfied by Contractor: (Clause 14.1) ......

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28. Insurance of the work under the Alternative 1 Contract - the alternative applying: (Clause 18) (if nothing stated, Alternative 1 applies) If Alternative 1 applies

a) The amount for demolition and removal of debris:(Clause ...... 18 (ii))

b) The amount for consultants’ ...... fees: (Clause 18 (iii))

c) The values of materials of things to be supplied by the ...... $...... Principal: (Clause 18 (iv))

d) The additional amount or percentage: (Clause 18 (v)) ...... 15%......

29. Public liability policy of Alternative 1 insurance - applying : (Clause (if nothing stated. Alternative 1 19) applies)

30. If Alternative 1 applies the amount of public liability insurance shall be not less than: ...... $20,000,000...... (Clause 19)

31. Amount of Contractor’s $1,000,000.00 professional indemnity (if no amount stated, insurance shall be not less than: $1,000,000.00) (Clause 21)

32. Period for which Contractor’s Twelve (12) months professional indemnity insurance shall be maintained after issue of the Final Certificated: (Clause 21)

33. Categories of Consultants and CATEGORY AMOUNTS $ amounts of Consultants’ Professional indemnity ALL $1,000,000.00 insurance: (Clause 21) CONSULTANTS USED ON THE PROJECT BY THE CONTRACTOR

34. Period for which each Twelve (12) months Consultant’s professional indemnity insurance shall be

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maintained after issue of the Final Certificate: (Clause 21)

35. The time by which access to the From the Date of letter of Site shall be given: (Clause Acceptance. 27.1)

36. The time for giving possession Fourteen (14) days of Date of of the Site to enable Letter of Acceptance of Tender commencement of further work: (Clause 27.1)

37. The times by, or periods within INFORMATION which the Superintendent is to MATERIALS furnish information, materials, DOCUMENTS OR documents to instructions to the INSTRUCTIONS Contractor: (Clause 33.1) TIME/PERIOD ANY SEVEN(7) DAYS 38. Events causing delay: -industrial Applicable conditions (Clause 35.5a)(i) - inclement weather (Clause Applicable 35.51)(I)

39. Rate of : ...... $100.00 per day (Clause 35.6)

40. Limit of liquidated damages: ...... $ Unlimited (Clause 35.7)

41. Bonus for early Practical ...... $ Nil per day Completion: (Clause 35.8)

42. Limit of Bonus: (Clause 35.8) ...... $ Nil

43. Other events for which extra OTHER EVENTS costs for delay or disruption are NIL payable: (Clause 37)

44. The Defects Liability Period: Twelve (12) months (Clause 37)

45. The charge for overheads, administrative costs, site supervision, establishment costs, attendance and profit for ...... Day work.

46. a) Times under the Contract for Twenty-fifth (25th) day of each payment claims: (Clause 42.1) month

Or b) stages of the work under the ...... Contract for payment claims

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(Clause 42.1) ......

47. Unfixed plant and materials for NIL which payment claims may be made before they are incorporated in the works: (Clause 42.2)

48. The amount of additional security for unfixed plant and materials: (Clause 42.2) ...... $ Not Applicable

49. The rate of interest on overdue Seven (7) per cent annum payments : (Clause 42.7)

50. The delay in given possession Seven (7) days of the Site or sufficient of the Site which shall be a substantial breach: (Clause 44.7 (c))

51. The delay in given possession Fourteen (14) days of the Site or Sufficient to the Site which shall be a substantial breach: (Clause 44,7 (d))

52. Further steps required before Alternative 1 proceeding - the Alternative applying : (Clause 47.2) (if nothing stated, Alternative 1 applies)

53. The person to nominate an The President of The arbitrator: (Clause) Institution of Engineers, Australia

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ANNEXURE to the Australian Standard

GENERAL CONDITIONS OF CONTRACT FOR DESIGN AND CONSTRUCT

PART B - DELETIONS, AMENDMENTS AND ADDITIONS.

1. The following clauses have been deleted from the General Conditions in AS 4300 - 1995:

2. The following clauses have been amended and differ from the corresponding clauses in AS 4300 - 1995:

3. The following Clauses have been added to those of AS 4300 - 1995.

2.3 SPECIAL CONDITIONS OF CONTRACT

2.3.1 GOODS AND SERVICES TAX (GST)

2.3.2 LONG SERVICE LEAVE LEVY

2.3.3 SUBCONTRACTORS/WORKERS

2.3.4. COST OF SUSPENSION - CLAUSE 34.4 (AS4300)

2.3.5 VARIATIONS - CLAUSE 40 (AS4300)

2.3.6. TEMPORARY BUILDINGS

2.3.7 ROYALTIES AND PATENT RIGHTS (AS4300)

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2.3 SPECIAL CONDITIONS OF CONTRACT

2.3.1 GOODS AND SERVICES TAX (GST) All claims shall be prepared on a GST inclusive basis and separately identify the amount of GST applicable.

2.3.2 LONG SERVICE LEAVE LEVY Before commencing work under the Contract, the Contractor shall:

(a) pay to the Building and Construction Industry Long Service Payments Corporation or the Corporation’s agent the amount of the long service payable in respect of the building and/or construction work under the Building and Construction Industry Long Service Payments Act, 1986; and

(b) produce to the Superintendent the document evidencing payment of the levy as referred to in (a).

2.3.3 SUBCONTRACTORS/WORKERS The Contractor shall ensure that all Sub Contractors and all Workers employed in carrying out the contract works are fully paid money properly due and payable to them in connection with the contract works under relevant awards, contracts and enterprise agreements.

The Contractor shall submit a signed copy of the Subcontractor’s Statement form for each time an invoice is submitted to Council for payment. A sample copy of the Subcontractor’s Statement form is attached.

2.3.4. COST OF SUSPENSION - CLAUSE 34.4 (AS4300) The following is to be added to clause 34.4:-

“Where the Contractor is entitled to payment arising from suspension, payment will only be due to the Contractor, if, within one month of the Superintendent’s order of suspending the works, he gives notice in writing to the Superintendent of his intention to claim.”

2.3.5 VARIATIONS - CLAUSE 40 (AS4300) The following is to be added to Clause 40:-

“Should the Contractor consider that the extras or deductions contained in any variation ordered by the Superintendent, represent an increase or decrease outside the provision of the contract, then the Contractor shall be required to notify the Principal within seven (7) days that the extras or deductions are beyond contract provision and the opportunity given to the Principal to rescind the order of such extras or deductions.”

2.3.6. TEMPORARY BUILDINGS Temporary buildings must be neat and tidy in appearance and shall be located in position as approved by the Superintendent and maintained in good order whilst on the site. The Contractor shall ensure provision or access to sanitary accommodation on the site. The Contractor shall

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comply with the requirements of the Health Act and the General Sanitary Regulations currently in force.

2.3.7 ROYALTIES AND PATENT RIGHTS (AS4300) The following in addition to Clause 13:-

“All royalties and other sums payable in respect of the supply and use in carrying out the works described by or referred to in the contract documents of any patented articles, process or inventions, shall be deemed to have been included in the Contract Sum.”

SECTION THREE – DESIGN & CONSTRUCTION - GENERAL

3.1 COMMENCEMENT OF WORK The Contractor shall not commence work on site until is provided in writing to the Superintendent of the existence of all insurance policies required pursuant to the General Conditions of Contract.

3.2 EXISTING UTILITY SERVICES Prior to commencing any contract works on the site the Contractor shall obtain all relevant information from the appropriate authorities concerning the location of existing utility services that may be affected by works under the contract. The Contractor shall be held solely responsible for any damage caused to existing utility services during the execution of the works.

Existing utility services must not be interrupted other than with the approval of the Superintendent.

3.3 COMPLIANCE WITH STANDARDS AND CODES All design, materials and workmanship not otherwise specified shall be in accordance with Australian Standards Specifications.

Unless otherwise specified, the standard or code shall be that which is current at the closing date for Tenders.

3.4 WORKING HOURS Before commencing work under the Contract, the Contractor shall submit, for the Superintendent’s approval, the working hours proposed for the execution of the work under the Contract.

Further to the provisions of Clause 32 of the General Conditions of Contract no work shall be carried out outside the period between 7.00a.m. or sunrise, whichever is the later, and 6.00p.m. or sunset, whichever is the earlier or on Sundays or Public Holidays unless approved in writing by the Superintendent.

3.5 SITE ESTABLISHMENT The Contractor shall erect, for his own use, such buildings, compounds, safety fencing, sanitary accommodation and associated services as are required for the supervision and construction of the Works.

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3.6 OCCUPATIONAL HEALTH, SAFETY AND REHABILITATION Contractors must comply with the Safe Work Australia, Construction Work – Code of Practice 2012.

The Occupational Health, Safety and Rehabilitation (OHS&R) requirements contained in this Specification and the Construction Work – Code of Practice:

(a) may be in addition to, but are not in substitution for, any statutory requirements; and

(b) do not limit the powers of the Superintendent or the liabilities and responsibilities of the Contractor.

3.7 WATER A water supply is available at the site. The Contractor shall make arrangements with the Superintendent for supply of water for construction purposes.

3.8 POWER FOR SITE USE Power is available at the site.

3.9 DRAWINGS All drawings submitted for the acceptance of the Superintendent shall consist of 3 hard copies.

3.10 WORKS AS CONSTRUCTED DRAWINGS After completion of construction, all drawings shall be amended to show in detail the works as constructed. Such amendments shall be carefully and accurately prepared by competent drafters and the amended drawings clearly marked in the Title Block “Works As Constructed Drawings”.

Upon completion of all amendments three hard copies of each drawing together with a computer compact disk consisting of all files in .dxf or .dwg format shall be delivered to the Superintendent prior to the issue of the Certificate of Practical Completion.

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SECTION FOUR – PROJECT BRIEF

DESIGN AND CONSTRUCITON OF MULTI-FUNCTION BUILDING AT BAROOGA RECREATION RESERVE

4.1 PROJECT OBJECTIVE To design and construct a modern facility which will adequately service the present and future needs of the clubs users and patrons at the Recreation Reserve.

4.2 LOCATION Barooga Recreation Reserve Burkinshaw Street, Barooga, NSW

4.3 SITE The proposed multi-function building is to be constructed on the western side of the main sporting arena at the Barooga Recreation Reserve. An adequate area is available for construction of the facility.

4.4 DEMOLITION Not Applicable

4.5 CONSTRUCTION The tender for the building must be on a design and construct basis and largely in accordance with the draft plans prepared by the Barooga Recreation Reserve Committee of Management. The Committee would like to achieve the general form of the building as shown in the draft plans.

Consideration may be given to additional alternative concepts based on previous construction experience or best cost options but such alternative Tenders must be so marked as to be distinguishable.

The new building must be designed and constructed of solid materials and in such a manner as to be low maintenance, containing male & female toilet facilities, disabled facilities, Shower / change facilities, a kitchen, a bar area, coaches boxes, social rooms, storage room and a time keepers box. There is also to be provision for an electronic scoreboard to be supplied and fitted by others.

The building must:  have external walls constructed predominately of brick, concrete, or masonry,  have a roof clad in coloured steel sheets,  have a non-slip floor of commercial quality vinyl with fully welded seams (or other impervious material), adequately drained to outlets and coved to wall / floor junctions, in food preparation areas, storage areas, sanitary facilities and change rooms.  have smooth, hard, durable and water resistant interior finishes, which are suitable for public building applications,  have male and female sanitary facilities located in the same building, divided for separate use by each sex,  have a shower recess with tile or other impervious finishes to a height of at least 1.8 meters,

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 have individual water closet cubicles, each with a minimum width of 0.8m and having a minimum floor area of 1.1 square meters.  have tile or other impervious finish around and behind hand wash basins,  have adequate lighting (both inside and outside) and adequate ventilation at all times,  have all its walls, floors, ceilings and floors, fixtures, fittings and appliances installed so that they can be easily maintained in a clean and sanitary condition at all times, and replaced with standard materials or items at a later date when required.  include acoustic linings to internal walls and ceilings in the Social Rooms (where possible) in order to reduce adverse impacts from and improve patron comfort.  include an adequate and reliable air-conditioning system with provision for both heating and cooling cycles.

ADDITIONAL NOTES:  The cost of floor coverings to the social rooms will be negotiated as a separate contract directly with a supplier to be selected. .  Glazing provided to the Eastern or front elevation for viewing purposes will potentially be subject to regular impact forces from people and sports balls. Special consideration must be given to provision of appropriate glazing for the type and location of building.  Supply of stainless steel work benches, storage cupboards, commercial cooking appliances, and equipment for the Kitchen will be negotiated with the selected tender. For tender evaluation purposes, an allowance for supply and installation of stainless steel benches, sinks, basins, hot water heater and plumbing is to be included. Supply of cooking appliances, exhaust ventilation canopy, refrigerators and dishwasher is not to be included.  The location of the electronic scoreboard is to be generally in accordance with the draft plans prepared by the Barooga Recreation Reserve Committee of Management. Adequate provision is to be made for power and support for the scoreboard as indicated in the attached information.

4.6 NUMBER OF SHOWERS AND TOILETS TO BE PROVIDED: The multi-function room must have the minimum number of facilities as shown on the draft plans (provided with these tender documents).

FUNCTION WC Urinals Showers Handbasins FEMALE 4 3 MALE 4 4 4 4 DISABLED 2 2

 Showers and handbasins must be supplied with hot water which is temperature limited to less than 50 degrees Celsius at each outlet.  A mirror must be provided for each handbasin provided.  The preferred hot water supply is a combined solar power with gas or electric booster.

4.7 FACILITIES FOR PEOPLE WITH DISABILITIES The building must incorporate facilities for people with disabilities designed in accordance with AS 1428.1-2001, “Design for access and mobility Part 1”:

“General Requirements for access – New building work”

31 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

Shower, water closet and hand basin facilities are to be provided on each floor for use by both sexes.

4.8 SPECIAL REQUIREMENTS:

4.9 TIMING AND COMPLETION The preferred completion date of the contract is Monday 2nd September 2013. If this timing will create a cost impost you are encouraged to submit a non conforming tender detailing savings that may be available should the time for completion be extended.

32 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

SECTION FIVE – TENDER DOCUMENTS

(to be completed and returned to Council prior to 2.00pm 23 January 2013)

33 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

FORM OF FORMAL INSTRUMENT OF AGREEMENT FOR DESIGN AND CONSTRUCT CONTRACT.

AGREEMENT made...... day of ...... 2013

BETWEEN ______(“the Contractor”)

AND Berrigan Shire Council ______(“the Principal”)

IT IS AGREED that the Formal Instrument of Agreement together with the annexed documents listed as follows:

TITLE

TENDER

LETTER OF ACCEPTANCE

AS 4300 – 1995: General Conditions of Contract for Design and Construct and Annexure.

SPECIFICATION: Design and Construction of Multi-Function Building at Barooga Recreation Reserve

DRAWING NUMBERS:

OTHER DOCUMENTS: Construction specification to be produced by the Contractor. Construction drawings to be produced by the Contractor shall together constitute the contract between the parties.

Signed by the Contractor ______(Director)

The Common Seal of the Berrigan Shire Council was hereunto affixed this ______day of ______2013 in pursuance of a resolution of the Council passed on the ______day of ______2013.

______Mayor

______General Manager

NOTES: 1. Initial each page for identification 2. Use extra sheets if necessary to list all documents and drawings.

34 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

TENDER FORM The Tenderer must complete and submit with tender. All Submitted information will be treated as confidential I, ______( Print name ) of ______(Tendering Organisation) located at ______(Business Address) on this ______day of ______,(Year) ______having fully acquainted myself with the Conditions of Tendering and Contract Documents and accordingly the obligations and responsibilities of the Contract do hereby tender to perform the work described below:

Principal to Complete

Contract : Design and Construction of Multi-Function Building at Barooga Recreation Reserve Contract No.: T02/12/13 as publicly invited by Berrigan Shire Council, in accordance with the following documents.

The General Conditions of Contract AS4300-1995 Annexure to the General Conditions of Contract Special Conditions of Contract Technical Specifications Drawings Tender Submissions Documents

NOTE: All of the above Contract Documents shall be referenced with the Contract Number.

Other documents compiled by the Tenderer and submitted are as follows: 1. ______2. ______

By submitting this tender the Tenderer warrants and represents that it has made its own enquiries and investigations and has obtained professional advice and all other relevant information so as to inform itself of all risks and contingencies which may affect its tender price. The Tenderer warrants and represents that it has included for all such risks and contingencies in its tender price.

Signature of Tenderer : ______Phone and facsimile numbers : ______Subscribed and declared this : ______Day of ______(Year) ______Before me : ______(Print name) Witness : ______(Signature)

35 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

SCHEDULE OF TENDERER’S EXPERIENCE

The Tenderer’s experience in the execution of work similar to that included in this Contract will be taken into account when assessing the Tender. Referees and the Tenderer’s bank may be approached for information by the Principal when assessing the Tender.

The Tender must list below:

1. Details of Contracts of a similar nature performed by the Tenderer recently

Client Nature of work Contract value Contract period Detail of construction

2. Name at least two referees (including telephone numbers) who may be approached to establish that the Tenderer has, in recent past, satisfactorily executed works and contracts of a similar nature to that included herein.

______Tenderer’s Signature Witness

36 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

SCHEDULE OF PRICES

DESIGN AND CONSTRUCTION OF MULTI-FUNCTION ROOM AT THE BAROOGA RECREATION RESERVE

ITEM DESCRIPTION AMOUNT $

Preparation of Structural Design, Construction 1.0 Drawings Technical Specification (including floor plan and elevations)

Construction of building including supply of all 2.0 materials, labour, connection of all plumbing and electrical work.

TOTAL $

______

Tenderer’s Signature Witness

37 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

SCHEDULE FOR COMMENCEMENT AND COMPLETION

THE TENDERER SHALL SPECIFY DATE

1. The date they would be available to commence work on site.

2. The time required to reach Practical Completion following receipt of the

letter of acceptance.

NOTES: a) The period of time nominated in 2. shall apply to Clause 9 of the General Conditions of Contract for Design and Construction (refer to page 21)

b) The Principal considers that the period of time nominated in 2. Must be no later than 2nd September, 2013.

______

Tenderer’s Signature Witness

38 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

SCHEDULE OF PROPOSED CONTRACTOR'S PERSONNEL (Submit when requested by Principal)

Nominate below the names of the proposed Contractor's Representative and Quality Assurance Manager and list their qualifications, level of expertise and experience relevant to the work under the Contract.

Contractor's Representative

......

Contractor’s Project Manager

......

Tenderer's Signature: ......

39 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

REGISTER OF TENDERER’S SUBCONTRACTORS AND SUPPLIERS The Tenderer must complete and submit with tender. All Submitted information will be treated as confidential

The Tenderer is instructed to compile a listing below of all Scheduled Subcontractors and Suppliers which the Tenderer expects to use to execute the Works under the terms of this Contract.

Supplier or Subcontractor Appropriate Telephone No. Description of Work or Materials 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

40 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

CONTRACTOR OCCUPATIONAL HEALTH & SAFETY MANAGEMENT SYSTEM QUESTIONNAIRE

CERTIFICATION The information provided in this questionnaire is an accurate summary of the status and performance of the company’s occupational health and safety management system.

Company Name: ......

Signature: ...... Name: ......

Position: ...... Date: ......

Contract Details: Design and Construction of Social / Function Rooms & Netball Change Facilities at Barooga Recreation Reserve

Contract Name: ...... Contract Number: T02/12/13

41 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

Yes No 1 OHS Policy and Management 1.1 Is there a written company health and safety policy signed by the Owner or Chief Executive Officer?

1.2 Is there a company OHS Management System Manual or Plan?

1.3 Are health and safety responsibilities clearly defined for all levels of staff?

2 Safe Work Practices and Procedures 2.1 Has the company prepared safe work method statements, safe operating procedures or specific safety instructions relevant to the works to be performed?

2.2 Does the company have any permit to work systems?

2.3 Is there a documented incident reporting and investigation procedure?

2.4 Are there procedures for identifying, assessing and controlling risk and for inspection and maintenance of plant owned and/or operated by the company?

2.5 Are there procedures for storing and handling hazardous substances?

2.6 Are there procedures for identifying, assessing and controlling risk associated with manual handling?

3 Occupational Health and Safety Training 3.1 Does your company have a safety induction program?

3.2 Describe how further health and safety training is provided by your company.

3.3 Is a record of training and induction undertaken by your employees made and kept?

x:\techserv\support officer\quotes tenders & mq's\tenders\2012-2013 tenders\t02-12-13\t02-12-13 contract document - barooga sportsground 2012.docx 42 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

4 Health and Safety Workplace Inspection 4.1 Are regular health and safety inspections at worksites undertaken?

4.2 Are standard workplace inspection checklists used to conduct health and safety inspections?

4.3 Is there a procedure by which employees can report hazards at the workplace?

5 Health and Safety Consultation 5.1 Is there a workplace health and safety committee?

5.2 Are employees involved in decision making on OHS issues?

5.3 Are there employee elected health and safety representatives?

6 OHS Performance Monitoring 6.1 Is there a system for recording and analysing health and safety performance statistics?

6.2 Are employees regularly provided with information on company health and safety performance?

6.3 Has the company ever been convicted of a health and safety offence?

7 Company References 7.1 Please provide the following information for the three most recent contracts for similar works carried out by the company.

43 BERRIGAN SHIRE COUNCIL CONTRACT NO. T02/12/13

Company References Contract 1 Contract 2 Contract 3 Contract Description

Client Contact Name Phone Number Number of Lost Time

Injuries Number of Person Days on

Contract Total Number of Days Lost Due to Injury or Occupational Illness

44