1 conditions of contract - schedule 1: web viewschedule 2. schedule 3. schedule 1 page ......

Schedules 1-3

CONSTRUCTION MANAGERSCHEDULES 1-3

Contents

1. SCHEDULE 1: SERVICES – GENERAL 31.1 Terminology 31.2 Services 31.3 Contract Price – Fees and Disbursements 31.4 Contract Material 31.5 DPTI Publications, Policies and Guidenotes 41.6 Project Program 41.7 Project Budget 41.8 Site Investigation 51.9 Statutory Approvals 51.10 Client’s ICT Project Management System (BPIMS) 51.11 Performance Reports 61.12 CAD Files and Records 61.13 Construction Industry Training Levy 61.14 Local Content 61.15 Code of Practice 6

2. SCHEDULE 2: SERVICES – BUILDING CONSULTANCY AND CONSTRUCTION MANAGEMENT 8

2.1 Terminology 82.2 General 82.3 Construction Works Management 82.4 Construction Works Program 82.5 Construction Works Budget 92.6 Building Consultancy Services 92.7 Trade Contracts Tendering 102.8 Trade Contracts Administration 112.9 Trade Contract Variations 132.10 Trade Contract Extension of Time 132.11 Trade Contractor Payments 132.12 Setting out of the Works 132.13 Traffic Obstructions and Deviations 142.14 Meetings 142.15 Reporting 142.16 Works Insurance 152.17 Trade Contractor Industrial Relations 152.18 Management of Furniture Fittings and Equipment Installation 152.19 Handover 15

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Schedules 1-3

2.20 General 152.21 Consultant Personnel 162.22 Subcontractors 172.23 Project Management 182.24 Cost Management 182.25 Consultant Fee for Building Consultancy/Construction Management 182.26 Consultant Expenses and Disbursements 182.27 Trade Contract Tendering 19

3. SCHEDULE 3: PROJECT DETAILS 213.1 Terminology 213.2 Background 213.3 Project Description and Scope 213.4 Project Objectives 213.5 Current Status 213.6 Project Organisation 213.7 Budget 213.8 Program 223.9 Procurement Method 223.10 Existing Approvals 223.11 Role of Department of Planning, Transport and Infrastructure 22

APPENDIX 1: SUPERINTENDENT’S DELEGATION SCHEDULES 24

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Schedule 1

1. SCHEDULE 1: SERVICES – GENERAL

2.1 of 282.2 <#PROJECT.PROJECT_NAME>

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Schedule 1

1.1 TerminologyThis document is intended for use in conjunction with AS 4122―2000 General conditions of contract for engagement of consultants (General Conditions). Terminology defined in the General Conditions has the same meaning in these Schedules 1-3.

The South Australian Government describes organisations delivering professional services associated with construction as Professional Service Contractors and this term has the same meaning as Consultant.

1.2 ServicesThe Consultant shall carry out the Services in accordance with the General Conditions, Schedules 1 - 5, the Brief and all relevant policies of the South Australian Government, in particular the 5-step Infrastructure Planning and Delivery Framework, the PC028 Construction Procurement Policy: Project Implementation Process and the Urban Design Charter.

1.3 Contract Price – Fees and DisbursementsThe fixed or indicative fee component of the contract price shall include GST and shall include Consultant time (including hours spent in country, interstate and international travel) and all general administration costs including telephone calls, facsimiles, courier services, photocopying, presentation material, printing (except tender/contract documentation) interstate and/or international travel costs for attendance in Adelaide as part of the Consultant’s provision of the Services and travel costs in the metropolitan area (within 32 kms of the Adelaide GPO). No additional fee payment will be made for these items.

The fixed or indicative disbursement component of the contract price shall include GST and may include country, interstate and international travel and accommodation costs, (except where incurred for attendance in Adelaide as part of the Consultant’s provision of the Services), costs for the preparation of perspectives and models, costs for soils testing, survey, statutory fees, dilapidation reports, printing (tender/contract documentation) and other costs as agreed. Payment of disbursements will be made as the expenditure is incurred and for actual amounts incurred.

If after execution of the Contract there is a requirement for the Consultant to undertake additional work, the Consultant must if required submit a revised fee on the basis of the fixed and indicative fees and disbursements. Revised fees which are not consistent with the contract price or with Department of Planning, Transport and Infrastructure (DPTI) market data on fees and disbursements for similar projects may be rejected.

1.4 Contract MaterialThe Consultant shall prepare any Contract Material as required by the Brief and necessary for the execution of the project and review the Contract Material for completeness and correctness and with a view to omitting any ambiguity and inconsistency.

The Consultant shall prepare any Contract Material consistent with the nature of the project.

The Consultant shall prepare any Contract Material consistent with published Government, Department of Planning, Transport and Infrastructure (DPTI) and lead agency policies and standards relevant to the project in particular the 5-step Infrastructure Planning and Delivery Framework, the PC028 Construction Procurement Policy: Project Implementation Process and the Urban Design Charter.


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Schedule 1

The Consultant shall as part of the Services and when requested submit alternative schemes and options for the architectural engineering or other components of the Contract Material indicating the design process and an analysis of the advantages and disadvantages of each alternative with a view to determining the optimum economic solutions on the basis of both capital and operational costs for the project.

The Consultant shall submit to the Client any Contract Material prepared by the Consultant and proposed to be used for the purposes of the execution of the project. The Client shall advise the Consultant as soon as reasonably possible and in any event not later than twenty eight (28) days after submission if the Client requires revision or amendment of the Contract Material.

If Contract Material submitted in accordance with the preceding clause does not comply with the Contract the Client may require the Consultant to revise the Contract Material without being liable to the Consultant for any extra costs incurred as a result of such revision. If the Client requires revision for any other purpose, the work involved shall be treated as a variation as provided in the Contract.

Any omission by the Client to require revision or amendment of any Contract Material shall not constitute an acknowledgment or admission that such Contract Material is correct in detail as to measurement dimensions materials or in any other particular, the responsibility for which shall remain the Consultant’s. No approval, direction or assistance given to the Consultant whether by the Client the construction contract principal or by any statutory body whether acting in pursuance of its statutory functions or otherwise in respect of Contract Material shall relieve the Consultant of responsibility under the Contract.

During the construction contract administration phase the Consultant shall arrange as the work progresses for the design team to modify all drawings to include approved variations.

1.5 DPTI Publications, Policies and GuidenotesThe Consultant shall comply with all relevant DPTI publications, policies and guidenotes and shall refer to Schedule 4: Notes on Publications, Policies and Guide Notes for Consultants (Professional Service Contractors). Guide notes can be found in the BPIMS Project Library at http://www.bpims.sa.gov.au/bpims/library/library_frameset_1.htm.

1.6 Project ProgramThe Consultant shall provide the Services in accordance with the Program.

If the Consultant fails to comply with the above provision without the approval of the Client for any reason other than a default by the Client, the Consultant shall accelerate the execution of the Services at the Consultant’s expense until the Program requirements have been complied with.

1.7 Project BudgetThe Consultant, in carrying out the Services, having regard for the budgeted cost, shall if any cost report indicates that the cost of construction of the Works will exceed the budgeted amount, revise and alter the Contract Material so that the cost, having regard to the cost report may be reasonably expected not to exceed the budgeted amount. Any impact on the life cycle cost of the building arising from changes to the Contract Material shall also be advised, with the Contract Material revised where necessary to achieve the optimum life cycle cost outcome. If in the Consultant’s opinion no such alteration or revision of the Contract Material within the requirements of the Brief is feasible or would sufficiently reduce the cost, the Consultant shall advise the Client accordingly.


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Schedule 1

When acting as a cost manager, the Consultant shall meet the requirements of section 4 Plant and Equipment of the Government Buildings Energy Strategy in regard to the preparation of life cycle assessment for the recommended plant and a least one alternative.

If, when tenders for the trade contracts are called, the lowest conforming tender exceeds the budgeted amount, the Consultant shall, upon written request by the Client, amend the Contract Material to reduce the cost of the project to the budgeted amount. Where the tender has exceeded the budgeted amount due to a failure to perform the Services to that standard of care and skill to be expected of a Consultant who regularly acts in the capacity in which the Consultant is engaged or due to errors or omissions in the Contract Material the Consultant shall correct the Contract Material at its own expense.

1.8 Site InvestigationThe Consultant shall investigate and report on site in regard to access, site establishment and layout, dilapidations, services locations, significant trees, protection etc.

The Consultant shall arrange all surveys necessary for construction of the works. The fees associated with these surveys will be reimbursed by the Client as a disbursement.

1.9 Statutory ApprovalsThe Consultant will arrange and obtain all necessary statutory approvals to allow construction of the works. The fees associated with these approvals will be reimbursed by the Client as a disbursement. Where it is not the Consultant's responsibility to obtain necessary permission or authority to permit the performance of the Services the Client shall give or arrange for that permission or authority.

1.10 Client’s ICT Project Management System (BPIMS)The Client has an ICT system that manages critical information on the project that is the subject of this Contract.

The Building Project Information Management System (BPIMS) provides the project management framework that governs the delivery of major building construction projects by DPTI.

BPIMS promotes and supports the implementation of government policies and practices and facilitates communication and sharing of knowledge among government agencies, DPTI and industry participants. BPIMS enables the electronic collection, collation and consistent management of information, providing project specific information in real time.

Throughout the term of the Contract, the Consultant is required to utilise BPIMS on a regular and ongoing basis as directed by the Client including but not limited to uploading of contract information and data, uploading of compliance statements, use of the Client’s on-line contract instructions system (variation orders and contract memorandums) and use of the Client’s on-line payment claim system.

BPIMS makes available to the Consultant a range of resources including guide notes, forms and proformas that will be relevant during the construction. By accessing the Contract ‘Home Page’ using BPIMS, the Consultant shall regularly review these resources and obtain project information electronically.

The Consultant shall electronically upload information, lodge forms and payment claims, utilise proformas and upload other documents in the form and at the times as specified or directed by the Client.

Refer to the BPIMS “Help” suite of documents available in the BPIMS Project Library at: http://www.bpims.sa.gov.au/bpims/library/showLibrary.do?searchText=pretender.


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Schedule 1

1.11 Performance ReportsThree months after practical completion or equivalent of the construction contract the Consultant shall provide, on the standard form, a report that will be entered into the DPTI Prequalification System on the performance of the construction contractor and its major subcontractors.

1.12 CAD Files and RecordsThe Consultant is to supply within six (6) weeks after Practical Completion, AutoCAD files of all required “as built” drawings. The Consultant shall manage that the trade contractors meet their contract obligations in regard to the provision of “as built” drawings whether incorporated into maintenance manuals or as a separate deliverable.

On completion of the services and in order to meet the requirements of the State Records Act 1997, the Consultant and all subcontractors shall provide to the Client the Contract Material including sketches, plans, designs, estimates, calculations, reports, models, computer sourced codes, articles, information, files and data produced by the Consultant in the course of the Contract.

1.13 Construction Industry Training LevyThe Consultant shall comply with the Construction Industry Training Fund Act, 1993 and pay any levy imposed by that Act in respect of the project. Prior to the commencement of the works the Consultant shall provide written evidence that the Consultant has either paid the above levy or been exempted from paying it under the Act.

1.14 Local ContentConsistent with the Australian Industry Participation National Framework, the South Australian Government is committed to maximising Australian industry participation to encourage greater opportunities for local and regional suppliers. The Consultant must include in the Contract Material preference for goods and services of South Australian, Australian and New Zealand origin which offer value for money over the life cycle of the project.

The Professional Service Contractor may use the confidential services of the Industry Capability Network South Australia to identify ways of determining local industry capabilities for import replacement and local industry participation opportunities. The contact details are as follows:

Industry Capability Network South AustraliaThe Conservatory131-139 Grenfell StAdelaide SA 5000Phone:1300 553 309Fax: +61 8 8303 2950Email: [email protected]: www.icnsa.org.au

1.15 Code of PracticeThe Consultant must comply with the Code of Practice for the South Australian Construction Industry. Lodgement of a tender will be evidence of the Consultant’s agreement to comply with the Code for the duration of any resulting contract that may be awarded. If any Consultant fails to comply, the failure will be taken into account by the Government of South Australia and its Agencies when considering this or any subsequent tender by the Consultant and may result in such tender being passed over and or a change in the status of the Consultant on any State Government register of professional service contractors.2.1 of 282.2 <#PROJECT.PROJECT_NAME>

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Schedule 2

2. SCHEDULE 2: SERVICES – BUILDING CONSULTANCY AND CONSTRUCTION MANAGEMENT

2.1 TerminologyThis document is intended for use in conjunction with AS4122 General Conditions of Contract for Engagement of Consultants (General Conditions). Terminology defined in the General Conditions has the same meaning in this Schedule 2.

2.2 GeneralThe Services to be provided by the Consultant under this Contract will be provided in parts:

Part 1 Building Consultancy

Part 2 Building Consultancy/Construction Management

The Consultant shall not proceed to commence Part 2 of the Services without the express written authorisation of the Client to do so.

2.3 Construction Works ManagementThe Consultant shall manage that the works are completed as an operational facility for the most economical cost consistent with sound building and engineering practice, reliability of service and maintenance-free operation in accordance with the project brief.

2.4 Construction Works ProgramThe Consultant shall within the time stipulated by the Client provide for approval a master program for completion of the works showing all necessary details including, without limitation, the timing of all relevant:

(a) approvals;

(b) design/documentation activities;

(c) tendering and contract award activities;

(d) on-site construction activities;

(e) off-site construction activities;

(f) staging;

(g) activities and decisions required of the Client, construction contract Principal, the Consultant or other persons or bodies involved; and

(h) completion or separable parts and the whole of the works.

The Consultant shall manage that the works are carried out in accordance with the approved master program based on a six-day working week by:

(i) continuously monitoring progress of the works against the master program and notifying of any change to planned activities;

(ii) managing that completion of the trade contract works is on or before the relevant date for completion of the trade contract works and that completion of the works is on or before the date for completion in accordance with the master program;

(iii) providing from time to time when required a replacement master program if the existing master program is obsolete.


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Schedule 2

The Consultant shall identify dates for the provision by the Client of technical information and delivery details of all furniture, fittings and equipment to be supplied for placement in the works.

2.5 Construction Works BudgetThe project budget is all inclusive and includes, but is not limited to the cost of the Works including demolition and relocation costs, construction and design contingency, escalation, Consultant costs, other Client professional service contractors’ costs, furniture, fittings and equipment, lead agency and sundry costs. The Consultant shall:

(a) manage that the cost of the works and construction contingency, to the extent that the preservation of standards of workmanship and materials specified permits, are minimised and within the approved budget for the works and construction contingency;

(b) not commit the Client to any expenditure which is not allowed for in the approved budget;

(c) if any cost report indicates that the cost of construction of the project will exceed the budgeted amount, revise and alter the Contract Material so that the cost, having regard to the cost report may be reasonably expected not to exceed the budgeted amount, but if in the Consultant’s opinion no such alteration or revision of the Contract Material within the requirements of the Brief is feasible or would sufficiently reduce the cost, the Consultant shall advise the Client accordingly.

(d) if when tenders for the trade contracts are called, the lowest conforming tender exceeds the budgeted amount, the Consultant shall, upon written request by the Client, amend the Contract Material to reduce the cost of the project to the budgeted amount. Where the tender has exceeded the budgeted amount due to a failure to perform the Services to that standard of care and skill to be expected of a Consultant who regularly acts in the capacity in which the Consultant is engaged or due to errors or omissions in the Contract Material the Consultant shall correct the Contract Material at its own expense.

(e) The Consultant shall keep or cause to be kept at the works site office or other agreed place all accounts of the Consultant in the performance of the Services and such accounts shall be made available at reasonable times for inspection and audit by the Client.

2.6 Building Consultancy ServicesThe Consultant shall review preliminary staging plans and construction programs and ensure that the plan provides for efficient staging of the works, allows for effective coordination of the trade contracts and achieves the earliest possible construction completion date for each stage.

The Consultant shall advise on the layout of the site for hutting, cranage, construction, access, demolitions and temporary services and ensure that it is documented as required. Advise on the most effective scope and packaging of preliminaries.

The Consultant shall contribute to deliberations on all matters concerning planning, plant, structural methods, constructability, servicing systems, programming, progressive cost control and coordination of the work of the trade contractors. In this role it is required that the Consultant becomes an interactive agent in the project team’s decision making, providing input before design solutions are finalised.

The Consultant shall assist the Client and the Client’s other professional service contractors to evaluate and initiate alternative construction methods and actively assist with the


2.72.8

Schedule 2

documentation of the selected scheme so the project team may collectively achieve an economic solution that satisfies the aesthetic and functional design requirements of the project.

The Consultant shall participate in the progressive preparation of all construction contract documents and advise on the accuracy and clarity of these documents to ensure errors, omissions, discrepancies and conflict between documents are minimised for the trade contracts.

The Consultant shall assist in effective cost control during documentation, and tender call by providing expert costing input to the Client’s cost manager and other professional service contractors during the preparation of progressive estimates of cost. The Consultant shall provide advice and assist in the costing of acceptable alternatives to enable budgets to be achieved and maintained.

2.7 Trade Contracts TenderingThe Consultant shall make recommendation on the most effective packaging of the works to support the developed staging plan and construction program.

The Client has a Tendering and Contracting Procedure manual and a Prequalification system. The Consultant shall follow the requirements of the manual, sections 2, 3, 4 and 5, and the Prequalification System. Copies of relevant documents are available in DPTI Contracts Management office.

The Consultant shall provide a written report with a recommendation on which trade contractors should be invited to tender for each trade package. The Consultant shall utilise the DPTI Prequalification System register and adhere to the DPTI tendering DPTI policies, practices and systems in making recommendation.

When trade contract tenders are called the Consultant is bound to make recommendations within the policy and procedures of the DPTI Prequalification System. Where it is agreed with the Client that the Prequalification System cannot provide a suitable tender field and where trade contracts are estimated to be in excess of $150,000 in value, the Consultant must arrange for DPTI to call a public registration of interest seeking registrations from trade contractors interested in undertaking the work. The Consultant shall provide a written report with a recommendation on which registrants are to be invited to tender.

For trade contracts estimated to be less than $150,000 in value the Consultant must provide a written report with a recommendation on which trade contractors are to be invited to tender.

The Consultant shall manage that the conditions of contract under which the various trade contracts will be let for this are:

(a) trade contracts estimated to be in excess of $150,000 - General Conditions of Contract AS 2124―1992.

(b) Trade Contracts estimated to be less than $150,000 - Conditions of Contract for Minor Works - MW―396


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Schedule 2

The Consultant shall not amend any trade contract conditions without the Client’s approval in writing.

The Consultant shall not include any provisional sums and nominated sub-contractors without the Client’s approval in writing.

The Consultant shall undertake the evaluation of the trade contract tenders in strict accordance with the DPTI policies, practices and systems for tender evaluation. After tenders are opened, the Consultant shall provide a written report detailing all tenders received, with a recommendation on which tender the Consultant considers should be accepted. If the recommendation is not accepted the Consultant shall make another recommendation or, if necessary, arrange for DPTI to recall tenders.

Where trade contracts are called on a provisional basis the Consultant shall be responsible for the negotiation of a firm contract sum. Similarly the Consultant shall assist in the negotiation of contracts with existing trade contractors for the subsequent stages of work where the Client agrees it is advantageous to do so.

2.8 Trade Contracts AdministrationOn receipt of nomination by the construction contract Principal of the Consultant as Superintendent’s Representative or equivalent under the trade contract, the Consultant shall carry out such of the functions ascribed to the Superintendent or equivalent in the trade contract as are delegated to the Consultant by the Superintendent from time to time until the issue of the final certificate or equivalent to the trade contractor. Delegations may be revoked or varied at any time.

The conditions of contracts shall be:

(a) AS 2124―1992 General conditions of contract;

(b) MDW-12 Conditions of contract for medium works

The Consultant will strictly adhere to the authorities set out in the delegations schedules in administering the trade contracts. A Superintendent’s delegations schedule is attached at Appendix 1.

The Consultant shall not amend these conditions or any other construction contract conditions without the Client’s approval in writing.

The Consultant shall not include any provisional sums or nominated sub-contractors without the Client’s approval in writing.

When acting as a valuer, certifier or assessor the Consultant shall be unbiased, fair and reasonable.

The Consultant shall at all times administer the trade contract according to its terms, with diligence and promptitude and in accordance with Department of Planning, Transport and Infrastructure (DPTI) procedures.

The Consultant shall supervise and administer the performance of each trade contract and manage that:

(a) the materials and workmanship for the works are and will be proper and adequate for their respective functions and purposes and any goods supplied, services performed and/or works carried out in connection with the works are in accordance with the Principal’s requirements;

(b) each trade contractor acts in the best interests of the Principal;

(c) the activities of each trade contractor are monitored with a view to identifying in advance circumstances which may arise which could affect the budget or the completion of the trade contract works or the completion of the works;


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Schedule 2

(d) each trade contractor strictly complies with the terms of each trade contract and the Principal is informed of any circumstances in which a trade contractor has or may fail strictly to comply with the terms of the applicable trade contract;

(e) communication between the trade contractors is facilitated and there is coordination of the performance of each trade contract by each trade contractor with the performance of each other trade contract by each other trade contractor;

(f) each trade contractor is aware of all matters necessary for the completion of the trade contract works by the relevant date for completion for the trade contract works and within budget;

(g) any matters that may affect the successful completion of the trade contract works and the works are identified and ensure that each trade contractor is aware of such matters and takes steps to overcome them;

(h) there is resolution of any latent conditions encountered during the trade contract works.

The Consultant shall:

(i) issue from time to time, using DPTI procedure and forms, such instructions as are necessary and appropriate which shall if complied with result in the proper performance by the trade contractors of the construction contract, and shall forward to the Client copies of all written instructions and communications to the contractor immediately upon issue of such instructions and communications;

(ii) maintain a site diary and all other records reasonably necessary for proper administration of the trade contracts. The records shall be available for inspection by the Client at all times and shall be handed to the Client upon the completion of the Services or earlier termination;

(iii) inspect all materials delivered to the site and used in the works for correctness in respect of both quality and quantity;

(iv) receive all correspondence from the trade contractors, provide copies as required and keep copies of all relevant documents on site during the course of construction;

(v) maintain files on a trade contract basis in a manner agreed with the Client;

(vi) prepare lists of trade contract defects (if applicable) for inclusion with any certificate of completion for each trade contract and ensure that all defects in respect of the trade contract works have been made good as required by the relevant trade contract;

(vii) manage that each trade contractor provides a written statement as required by the trade contract documents in regard to permanent connections, compliance with items of essential safety provisions and where relevant a report from the fire authority;

(viii) manage that maintenance and operating manuals (including any required “as built” drawings) provided by the trade contractors are correct and issued to the Client;

(ix) manage that all guarantees/warranties required to be provided under the trade contracts are provided;

(x) recommend the issue of trade contract certificates when the trade contract works has reached the appropriate stage;

(xi) promptly inform the Client of the occurrence or imminence of any matter which may give rise to a claim for additional payment by the trade contractor;

(xii) advise the Client in respect of any such matter of the course of action, consistent with the successful completion of the project, which is most likely to minimise the Client’s liability;


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Schedule 2

(xiii) promptly deal with any applications or claims by the trade contractors with respect to extensions of time, valuation of variations, latent conditions and any other matter, or shall promptly refer such applications or claims together with copies of all relevant documents and correspondence to the Client for consideration;

(xiv) promptly refer to the Principal any claim application or notice forwarded by the trade contractor to the Consultant which should under the trade contract have been directed to the Principal;

(xv) not exceed the powers vested in the Superintendent under the trade contract and delegated to the Consultant and shall not waive or vary any of the Principal’s rights under the trade contract without prior written approval;

(xvi) on request, be available on reasonable notice to consult with the Superintendent of the trade contract;

(xvii) on request, advise the Superintendent of the trade contract on the intended meaning of any part of the Contract Material and on the basis, rationale and calculations on which any part of the Contract Material is based;

(xviii) provide such assistance and deliver to the Client such Contract Material as the Principal requires in the event of any arbitration or other proceedings arising in respect of the trade contract. If the claim or dispute, the subject of such proceedings, is caused or substantially contributed to by any breach of this Contract, such assistance shall be provided free of charge, but shall otherwise be paid for by the Client at the rates provided for in the Annexure Clause 18A or if no rate is provided, at a reasonable rate;

(xix) comply with any oral or written directions issued by the Client, Principal or Superintendent in respect of its functions from time to time.

2.9 Trade Contract VariationsThe Consultant shall manage that all variations are issued and authorised in accordance with the appropriate delegations schedule. The Consultant shall:

(a) manage that all variations to the trade contract works are issued, satisfactorily executed and completed;

(b) prepare estimates of contract variations;

(c) evaluate variation claims from trade contractors and negotiate prices where appropriate in accordance with DPTI variation procedures;

(d) recommend acceptance or otherwise of variation claims;

(e) in cases of disputation submit background and recommendation and advise the trade contractor of any determination.

2.10 Trade Contract Extension of TimeThe Consultant shall evaluate extension of time claims submitted by trade contractors and make recommendation on the number of days and any associated costs.

2.11 Trade Contractor PaymentsThe Consultant shall at monthly intervals submit to the Principal progress certificates in respect of trade contractors claims for payment, in a format agreed to by the Principal, supported by detailed evidence of the amounts claimed. Payment to the trade contractor shall be by the Principal directly to the trade contractor.

2.12 Setting out of the Works2.5 of 282.6 <#PROJECT.PROJECT_NAME>

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Schedule 2

The Consultant shall manage the implementation of site establishment including the layout of the site for hutting, cranage, construction, access, demolitions and temporary services.

The Client shall supply the information necessary to enable the Consultant to set out the works and shall provide such survey marks as are necessary. The Consultant shall ensure that survey marks are not disturbed.

Subject to the above the Consultant shall at its own expense set out the works to the extent of grid lines and reference coordinates provided and allow for checking all setting out and levels including that provided by the trade contractors. The cost of rectification of any work due to an error in the setting of grid lines for the works shall be borne by the Consultant.

The Consultant shall manage that trade contractors are responsible for setting out their own work from the grid lines and reference coordinates given. The same principle shall apply to site works. The Consultant shall provide datum levels as required by the trade contractors.

2.13 Traffic Obstructions and DeviationsThe Consultant shall prepare detailed documents in respect of any proposed obstruction or deviation of traffic and provide two copies of the documents constituting the proposal to the Client . The Consultant will:

(a) submit the original proposal and two copies to the appropriate authority for approval and directions;

(b) take action in accordance with the directions of the responsible officer in the appropriate authority;

(c) ensure compliance with the aforesaid directions.

2.14 MeetingsThe Consultant shall attend meetings of the Client’s professional service contractors on matters of design, construction, budget and program as required.

The Consultant shall throughout the duration of construction arrange for weekly meetings with appropriate trade contractors, the Client, the Principal’s representatives and the Client’s other professional service contractors and shall keep minutes of such meetings and have copies thereof forwarded to all participants as soon as possible after each meeting. The purpose of these meetings is to assist in attaining full cooperation between all concerned on the project as well as checking progress of the work and identifying any issues and risks.

2.15 ReportingThe Consultant shall provide and manage a computerised costing and monitoring system with the capacity to monitor and report all costs involved in the works.

The Consultant shall report to the Client in writing with respect to the progress of the Services and work under the trade contracts not less than monthly, and at any time requested by the Client, supplying with each such report copies of all notices instructions and correspondence referred to therein and with respect to the following issues:

(a) adherence by the trade contractor to the construction contract;

(b) adherence by the trade contractor to the construction program;

(c) adherence to budget and cash flow projections;

(d) architect’s instructions, pending variations, variations and the value of all variations;

(e) extensions of time;

(f) latent conditions;


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(g) quality of the work under the trade contract;

(h) any instructions issued by the Consultant to the trade contractor.

2.16 Works InsuranceThe Client shall arrange and obtain from an insurer a Works insurance policy which is inclusive of trade contract works and public liability to protect the Client, the Consultant, other Client’s professional service contractors and all trade contractors and sub-contractors against risks involved in the construction and satisfactory completion of the works including any defects liability period (or equivalent) on trade contracts. A copy of the policy is available for inspection at the office of the Client. The Consultant shall receive any insurance claims from trade contractors, liaise with insurance broker representatives and generally administer such claims in accordance with DPTI practices.

The Consultant shall manage that all trade contractors comply with the requirements of the Workers Rehabilitation and Compensation Act, 1986.

2.17 Trade Contractor Industrial RelationsThe Consultant shall:

(a) manage industrial relations and site safety in connection with the works;

(b) establish effective communications with trade contractors regarding industrial relations matters and coordinate their handling of such matters, in particular any site disputes or potential disputes in such a way as to protect the interests of the Principal, keeping the Principal fully informed of such disputes at all times;

(c) manage that all workers, other than professional and supervisory personnel of the Consultant who pursuant to the Agreement enter on the site or are engaged on work which the Consultant is or may be required to execute under the Agreement:

(i) are paid not less than the appropriate award classification and conditions applicable to the work being carried out;

(ii) all workers including professional and supervisory personnel are informed of safe work practices; and

(iii) that policies relating to work health and safety in the workplace are maintained in accordance with the Work Health and Safety Act 2012.

2.18 Management of Furniture Fittings and Equipment InstallationThe Consultant shall manage that furniture, fittings and equipment (FF&E) supplied by the Client is installed or placed in position.

2.19 HandoverThe Consultant shall manage that immediately after practical completion all relevant staff identified by the Principal in the construction contract are adequately trained in the purpose, function, operation and ongoing maintenance of the project.

2.20 GeneralThe Consultant shall contribute advice to the project team to handle sensitive political and media issues, which may arise during the course of the project. Liaise with surrounding and adjacent building owners/developers.

A specific Quality Plan is required on this project.


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Schedule 2

The Consultant shall identify with the Client a strategy for the procurement of furniture, fittings and equipment (FF&E). Assist the Client in assessing tenders/prices.

2.21 Consultant PersonnelThe Consultant shall provide as a minimum throughout the Services the personnel and roles set out in the table below. The Consultant will determine the profile of the building consultant / construction management team and determine resource numbers required by the activities during design and construction. Nominated resources shall have proven knowledge, experience and expertise in the relevant fields.

Notwithstanding the nomination of resources, the full corporate resources of the Consultant’s company shall be available, on an as-needs basis, in order to fulfil the complete range of Services required.

PART 1 BUILDING CONSULTANCY

Role Experience Qualification

Building Consultant Broad experience as a successful Construction Manager, on projects of similar size and complexity over a minimum of 5 years

Graduate (or equivalent) in Building, Engineering or Architecture or qualified tradesman with minimum 10 years experience

Programmer Broad experience in the detailed programming of complex projects on operational construction sites

Estimator / Administrator Broad experience as a successful Administrator on projects of similar size and complexity over a minimum of 5 years

Qualified Quantity Surveyor or qualified tradesman with minimum 5 years experience as an administrator

PART 2 BUILDING CONSULTANCY / CONSTRUCTION MANAGEMENT

Role Experience Qualification

Construction Manager Broad experience as a successful Construction Manager, on projects of similar size and complexity over a minimum of 5 years

Graduate (or equivalent) in Building, Engineering or Architecture or qualified tradesman with minimum 10 years experience

Contract Administrator Broad experience as a successful Administrator on projects of similar size and complexity over a minimum of 5 years

Qualified Quantity Surveyor or qualified tradesman with minimum 5 years experience as an administrator

Construction Engineer Broad experience as a successful services

Graduate (or equivalent) in Building or Engineering


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Schedule 2

construction engineer on projects of similar size and complexity over a minimum of 5 years

Site Supervisor/General

Foreman

Minimum 5 years experience as a site supervisor

Qualified tradesman

Site Safety Officer/First

Aid Officer

As required to comply with the WH&S Act. Experience on comparable projects and a knowledge of relevant building safety standards and procedures

Site Labourer Experience on comparable projects and knowledge of relevant building safety standards and procedures..

Site Secretary Experience on comparable projects and knowledge of administrative functions and procedures.


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Schedule 2

The Consultant shall provide a safety and first aid officer, as required, on site with appropriate facilities to carry out the function. This requirement will not relieve the trade contractors of their individual responsibility for their work but is to ensure that all trade contractors maintain a high standard of safety on the site. The safety officer will be responsible for fostering active participation from all trade contractors to achieve safe working practices on the total project.

2.22 SubcontractorsThe Consultant shall where applicable select and engage subcontractors under the same terms and conditions as this Contract and will be responsible for the management and coordination of their services.

The consultant fee and reimbursements of expenses will be adjusted by the amount equal to the agreed amount of subcontractors’ fees and reimbursements of expenses for the Services.

The Consultant shall be responsible for coordinating that the services designated in the Schedule 5: Services Matrix for the subcontractors are carried out.

There is a requirement for the subcontractors listed below to be engaged by the Consultant. The final decision on selection of the subcontractors is the responsibility of the Consultant. Where there is a requirement for the subcontractor to be prequalified the Consultant shall select from the designated prequalification discipline and category. A list of the currently registered consultants is available in the BPIMS Project Library at http://www.bpims.sa.gov.au/bpims/login/submitPSCSearch.do

Discipline Prequalification category

Programmer

Value Management Facilitator

Other describe


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http://www.bpims.sa.gov.au/bpims/login/submitPSCSearch.do

Schedule 2

2.23 Project ManagementThe Consultant is advised that a project manager will be engaged directly by the Client to provide project management services in each Part of the project. The Consultant shall liaise and coordinate with the project manager on all relevant matters.

2.24 Cost ManagementThe Consultant is advised that a cost manager will be engaged directly by the Client to provide cost management services in each Part of the project. The Consultant shall liaise and coordinate with the cost manager on all relevant matters.The Consultant is advised that a cost manager will be engaged directly by the Client to provide cost management services in each Part of the project and to prepare a Bill of Quantities. The Consultant shall liaise and coordinate with the cost manager on all relevant matters.

2.25 Consultant Fee for Building Consultancy/Construction ManagementThe Consultant fee for Services in building consultancy shall include staff costs

(a) staff costs – all staff costs for Services including but not limited to programming, constructability, budget management, procurement planning and site access and layout;

(b) profit and overheads.

The Consultant fee for Services in construction management shall include:

(i) staff and labour costs - all staff, labour and accommodation costs for Services including but not limited to packaging the trade contracts, tendering and appraising trade contracts, trade contract administration, attendance, labour relations, and site safety management and establishment of an on-site office for the Consultant;

(ii) site operating costs - site cleaning, rubbish removal and all necessary clerical aids including but not limited to office supplies, computers, stationary, plan printer, facsimile, two way radios, courier services, photocopying, printing and presentation material;

(iii) profit and overheads.

The Client is not liable to pay for any such items except by payment of the fee and in particular is not liable to pay any Trade Contractor costs for these items.

2.26 Consultant Expenses and DisbursementsThe Consultant shall provide the following expenses and disbursements and shall be responsible for arranging and coordinating associated Consultant Services and for making payment.

DisbursementConstruction Industry Training Fund levy

Safework SA fees

Surveying (set out)

Surveying – engineering

Soils testing – contamination

Soils testing – geotechnical


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Schedule 2

2.27 Trade Contract TenderingTrade contract works shall not constitute part of the Service.

The Consultant may be allowed to submit a tender for the trade contract(s) listed below and if successful will be awarded a trade contract separate to this Contract:

The trade(s) nominated shall be documented by the Consultant in consultation with the Client’s other professional service contractors and competitively tendered using the DPTI tender process.

Preliminaries (generally including)

(a) accommodation and amenities for site labour force including that of trade contractors;

(b) meeting room for 25 people and associated room for storage and use of drawings by the Principal,

(c) statutory site amenities (including provision of sanitary supplies, tea, coffee, etc);

(d) scaffolding;

(e) plant and equipment;

(f) temporary site hoardings;

(g) site notice board;

(h) safety barriers;

(i) signs;

(j) site security;

(k) fire extinguishers;

(l) existing services investigation, diversion and supply.

(m) Other


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Schedule 3

3. SCHEDULE 3: PROJECT DETAILS

3.1 TerminologyThis document is intended for use in conjunction with AS4122-2000 General conditions of contract for engagement of consultants (General Conditions). Terminology defined in the General Conditions has the same meaning in this Schedule 3.

3.2 Background

3.3 Project Description and ScopeThe project must comply with all statutory and Government of South Australia policy requirements relevant to it with particular focus on ESD initiatives including the Government Buildings Energy Strategy and other energy management policy documents. Details are provided in the guide note “Government Buildings Energy Strategy Compliance (G46)”.

3.4 Project Objectives

3.5 Current Status

3.6 Project Organisation

3.7 BudgetBelow is an indicative breakdown of the project budget of $00,000 (excl. GST).

Budget Component Budget Sum ($)ConstructionBuilding Work

Siteworks (external works and external services)

Furniture, Fittings and Equipment

Design and construction contingencies

Principal’s Contingency

Locality allowance (Country Loading)

Escalation

Construction subtotal

Fees and disbursementsFees and disbursements (incl. DPTI costs)

Fee contingencies

Lead Agency costs

Fees and disbursements subtotal


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Schedule 3

Budget Component Budget Sum ($)OtherFurniture, Fittings and Equipment

Miscellaneous contracts

Sundries/Other

Other subtotal

Total Capital BudgetGST

Total Budget


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Schedule 3

3.8 Program

3.9 Procurement Method

3.10 Existing Approvals

3.11 Role of Department of Planning, Transport and InfrastructureRefer to the guide notes in the BPIMS Project Library at http://www.bpims.sa.gov.au/bpims/library/library_frameset_1.htm for a detailed description of the role of the Department of Planning, Transport and Infrastructure.

The Department of Planning, Transport and Infrastructure role, coordinated by the project risk manager, will include project overview, support and advice to the project team on government policy and procedures, facilitation of project approvals and engagements, provision of the tender call and contract execution service and contract administration as the Superintendent’s Representative (or equivalent) in relation to certification, assessment and authorisation of variations and extensions of time.

The Department of Planning, Transport and Infrastructure is providing specialist project management services on this project and will undertake the duties set out for the project manager in the Schedule 5 Services Matrix.

The Department of Planning, Transport and Infrastructure budget risk adviser will provide a budget audit service which will include the review of budgets and cost plans, processing of progress payments and the input of data into the contract reporting system.

The Department of Planning, Transport and Infrastructure cost manager will provide a full service including budgeting, costing, processing of progress payments and the input of data into the contract reporting system.

There will be a design audit process throughout the project life. The design audit will be managed by the Department of Planning, Transport and Infrastructure project risk manager assisted by design risk advisers from the Project Services Design + Heritage Management group. The audit function aims to ensure that the design is in accordance with the lead agency’s brief and government standards and specifications.

Department of Planning, Transport and Infrastructure construction advisers will assist in the design audit process, review the site inspection processes implemented by the Consultant and audit the quality of construction.

During the construction phase the Department of Planning, Transport and Infrastructure construction advisers will work with the Consultant administering the construction contract and provide a site inspection service under the coordination of the Consultant.

The Consultant is not responsible for an omission by a construction adviser to carry out an inspection requested by the Consultant, or a failure to identify any matter of concern that ought to have been identified in the course of such an inspection. The responsibilities of the Consultant are not otherwise amended as a consequence of the Department of Planning, Transport and Infrastructure construction advisers working with the Consultant.


2.112.12

http://www.bpims.sa.gov.au/bpims/library/library_frameset_1.htm

Appendix 1

APPENDIX 1: SUPERINTENDENT’S DELEGATION SCHEDULES

DELEGATION SCHEDULE 2AFor administrative purposes, the functions vested in the Superintendent under the clauses of the AS 2124—1992 General conditions of contract listed in this schedule, including those amended by Annexure Part B and additional clauses included in Annexure Part B, may alternatively be exercised by the delegate indicated herein. Such delegation shall not prevent the Superintendent from exercising any function.

Superintendent’s Representative, Project Risk Manager, DPTI

Clause Subclause

No. No. Function

4 BILL OF QUANTITIES 4.2 Pricing and Lodgement Give direction

4.3 Errors in Pricing Agree manner of correction or determine

4.4 Errors in Bills of Quantities

Notify in writing

13 PATENTS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

Give direction

21 INSPECTION AND PROVISIONS OF INSURANCE POLICIES

21.5 Settlement of Claims Certify

22 CLERK OF WORKS AND INSPECTORS

Notify in writing

27 SITE 27.2 Access for the Principal and Others

Authorise in writing

27.3 Delivery of Materials to and Work on the Site Before Possession

Give approval in writing

27.4 Use of the Site by Contractor

Give approval in writing

35 TIMES FOR COMMENCEMENT AND PRACTICAL COMPLETION

35.1 Time for Commencement of Work on the Site

Reduce period of notice, extend time for commencement

35.4 Use of Partly Completed Works

Determine

40 VARIATIONS 40.1 Variations to the Work Give direction, approve in writing

40.2 Proposed Variations Give notice in writing

40.3 Pricing the Variation Give direction or approval

40.4 Variations for the Convenience of the Contractor

Approve in writing


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Appendix 1



Clause Subclause

No. No. Function

41 DAYWORK Direct daywork, direct manner of recording, approve rates, approve hire charges, determine rates and conditions, agree charge or determine charge

42 CERTIFICATES AND PAYMENTS

42.5 Certificate of Practical Completion

Give Certificate or in writing reasons for not issuing

43 PAYMENT OF WORKERS AND SUBCONTRACTORS

Request in writing

44 DEFAULT OR INSOLVENCY

44.6 Adjustment on Completion of the Work Taken Out of the Hands of the Contractor

Ascertain costs incurred, issue certificate

ANNEXURE PART B

Clause Subclause

No. No. Function

2.3 9 ASSIGNMENT AND SUBCONTRACTING

9.2 Subcontracting Give written approval, request information, advise approval or reasons for non approval, give approval subject to any conditions, stipulate provisions

2.7 20 WORKERS COMPENSATION

Request evidence

2.11 30 MATERIALS AND WORK

30.2 Quality Assurance Undertake quality audit

2.12 35 TIMES FOR COMMENCEMENT AND PRACTICAL COMPLETION

35.5 Extension of Time for Practical Completion

Notify in writing extent of delay, grant extension of time or give reasons why extension not granted


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Appendix 1



Clause Subclause

No. No. Function

2.16 42 CERTIFICATES AND PAYMENTS

42.1 Payment Claims, Certificates, Calculations and Time for Payment

Advise information requirements, set out calculations employed and any reasons for difference, issue payment certificate

2.17 42.4 Unfixed Plant and Materials

Advise satisfaction

2.18 42.8 Final Certificate Issue Final Certificate

DELEGATION SCHEDULE 2BFor administrative purposes, the functions vested in the Superintendent under the clauses of the AS 2124—1992 General conditions of contract listed in this schedule, including those amended by Annexure Part B and additional clauses included in Annexure Part B, may alternatively be exercised by the delegate indicated herein. Such delegation shall not prevent the Superintendent from exercising any function.

Superintendent’s Representative, Construction Manager

Clause Subclause

No. No. Function

3 NATURE OF CONTRACT 3.3 Adjustment for Actual Quantities – Schedule of Rates

Give direction

8 CONTRACT DOCUMENTS

8.1 Discrepancies Direct on interpretation

8.4 Supply of Documents by Contractor

Notify Contractor and give reasons

11 PROVISIONAL SUMS Give direction

12 LATENT CONDITIONS 12.2 Notification Advise requirements

25 CONTRACTOR’S REPRESENTATIVE

Advise requirements

26 CONTROL OF CONTRACTOR’S EMPLOYEES AND SUBCONTRACTORS

Give direction, give written approval

28 SETTING OUT THE WORKS

28.1 Setting Out Supply information and survey marks necessary

28.2 Care of Survey Marks Give direction

28.3 Errors in Setting Out Give direction


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Appendix 1



Clause Subclause

No. No. Function

29 MATERIALS, LABOUR AND CONSTRUCTIONAL PLANT

29.2 Removal of Materials and Constructional Plant

Give written notice, give direction, give written approval

29.3 Manufacture and Supply of Materials

Give direction

30 MATERIALS AND WORK 30.3 Defective Material or Work

Give direction, direct times for commencement and completion

30.4 Variations due to Defective Materials or Work

Direct variation

30.5 Acceptance of Defective Material or Work

Notify

30.6 Generally Give direction or notice

31 EXAMINATION AND TESTING

31.1 Superintendent May Order Tests

Give direction and advise requirements

31.2 Covering Up of Work Give direction and approve

31.3 Who Conducts Tests Nominate Person

31.4 Notice of Tests Give notice in writing

31.5 Procedure if Tests Delayed

Give notice in writing, conduct test

31.6 Results of Tests Provide results

31.8 Access for Testing Assert material or work not in accordance with Contract

32 WORKING HOURS Give approval

33 PROGRESS AND PROGRAMMING OF THE WORKS

33.1 Rate of Progress Give direction or approve

33.2 Construction Program Give direction

38 CLEANING UP Extend time, give notice in writing, have cleaning and tidying up works carried out by other persons

39 URGENT PROTECTION Give prior written notice


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Appendix 1



Clause Subclause

No. No. Function

ANNEXURE PART B

Item No Clause Subcl. No.

Subclause Function

2.5 14 STATUTORY REQUIREMENTS

14.1 Complying with Statutory Requirements

Direct variation

2.14 37 DEFECTS LIABILITY Give direction

DELEGATION SCHEDULE 2CFor administrative purposes, the delegate indicated herein may alternatively exercise the functions vested in the Principal under the clauses of the AS 2124—1992 General conditions of contract listed in this schedule, including those amended by Annexure Part B, and delegated to the Superintendent by DELEGATION SCHEDULE 1D. Such delegation shall not prevent the Superintendent from exercising any function.


Clause Subclause

No. No. Function

39 URGENT PROTECTION Take necessary action

DELEGATION SCHEDULE 2DFor administrative purposes, the delegate indicated herein may alternatively exercise the functions vested in the Principal under the clauses of the AS 2124—1992 General conditions of contract listed in this schedule, including those amended by Annexure Part B, and delegated to the Superintendent by DELEGATION SCHEDULE 1D. Such delegation shall not prevent the Superintendent from exercising any function.


ANNEXURE PART B

Item No Clause Subcl. No.

Subclause Function

3.6 54 WORKFORCE PARTICIPATION AND SKILLS DEVELOPMENT

54.3 Reporting Approve in writing another form

54.6 Definitions Agree amounts, approve in writing number of hours, determine Building Value and Civil Construction Value.


2.152.16