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DRAFT Request for Quote - Supply of Construction Material Aggregate Crushed Limestone

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DRAFT Request for Quote - Supply of Construction Material Aggregate Crushed Limestone

Supply of Construction Material

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Document Control

Version Date Description Author Reviewed Approver

1 19/8/2015 Preliminary draft for approval APO ASD

2 24/9/2015 Final APO ASD

Request for Quote Contact Person Anna Osman Asset Program Manager Kangaroo Island Council 43 Dauncey Street Kingscote SA 5223 [email protected] Phone: - 08 8553 4550 Mobile:- 0427 994 226

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Project Brief Kangaroo Island Council is seeking tenders for the provision of construction material, to specification, to be used for the construction and maintenance program for 2015/16 and 2016/17.

For the purpose of this tender, pricing to supply 7mm and 10mm aggregate and crushed limestone material (from one or more of Council’s borrow pits) to suit the requirements of Council construction and maintenance program over the next two (2) years is sought. Pricing is sought for three quantities of materials as per the table below. Borrow pit sites used in this contract are approved for use under the Kangaroo Island Council’s authority in accordance with the Local Government Act. Some preliminary testing & grading analysis has been undertaken and those results are included in this document for information and general guidance.

Quantity A Quantity B Quantity C

7mm Aggregate 800 ton 1600 ton 2000 ton

10mm Aggregate 800 ton 1600 ton 2000 ton

Crushed Limestone 50 ton 100 ton 150 ton

Ownership and Novation of raised and stockpiled material

This contract will require accurate measurement of raised stockpiles and suitable verification of the quantities of material raised and presented for handover to Kangaroo Island Council and or contractors.

Tenderers are required to demonstrate a methodology for raising, producing and stockpiling material, coupled with a suitable process for verifying the quantities and/or tonnages available to other parties. This will be included in the tender evaluation process a critical item in the assessment of tenders.

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CONTENTS

Structure of this Request for Quote Page 1

Background and intent Page 1

Tender Brief

Works Timing

Page 1

Page 2

Section A – Quote Conditions Page 2

1. Definitions Page 2

2. Request for Quotes Page 2

3. Lodgement of Quotes Page 3

4. Acceptance of Quote Page 3

5. No Legal Requirement Page 3

6. Council’s Rights Page 3

7. Quote Evaluation Page 4

8. Respondent’s Confidential Information Page 4

9. Governing Law Page 4

Part B Conditions of Contract

B1 Contract Documents

B2 General Conditions

B3 Resolution of Inconsistencies

B4 Interpretation

B7 Program

B8 Extension of Time for Practical Completion

B9 Progress Claims

B10 Payments

B11 Retention Money

B12 Defects Liability Period

B13 Site Meetings

B17 Obvious Work

B18 Cooperation

B19 Progress of the Works

B20 Working Hours

B22 Storage and Protection

Page 5

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B24 Nuisance

B25 Statutory and Other Requirements

B26 Occupational Health Safety and Welfare

B27 Certificates

B29 General Conditions of Contract (AS2124) - Annexure Part A

B 30 General Conditions of Contract (AS 2124) – Annexure Part B

Section C – Specifications

Section D – Form of Quote & Schedules Page 17

1. Price Schedule Page 18

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Structure of this Request for Quote

This Request for Quote is comprised of three sections:

1. Section A - Quote Conditions

2. Section B – Conditions of Contract

3. Section C – Specifications

4. Section D – Form of Quote and Schedules

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Works Timing

Council is looking for the works to be completed by the end of November 2015 and end of October 2016 for crushed limestone and the end of December 2015 and end of November 2016 for aggregate. If contractor performance is seen as not meeting the requirements of Council, Council will seek to cancel order and only pay for work verified to be complying and complete. There is also a penalty clause for non-performance whereby the contractor will need to pay the additional costs for conforming materials to be produced on island or transported from the mainland. See Section B13 ‘Progress of the Works’ for details.

Section A – Quote Conditions

1. Definitions

In this RFQ:

1.1. Closing Date means the time and date specified in clause 0, or such later time and

date as may be notified in writing to Respondents by the Council.

1.2. Form of Quote means the form contained in Section C of this RFQ.

1.3. Respondent refers to any party who responds to this RFQ.

1.4. RFQ means this Request for Quotes.

1.5. Quote means a quote submitted by a Respondent pursuant to this RFQ.

1.6. Schedules means the schedules contained in Section C of this RFQ.

1.7. Services means the services sought to be purchased by the Council pursuant to this

RFQ.

1.8. Specifications means the specifications specified in Section B of this RFQ.

2. Request for Quotes

2.1. The Council seeks Quotes from Respondents for the provision of the Services.

2.2. Prices quoted are to be in a schedule of rates basis.

2.3. All prices for the Services are to be Fixed rate.

2.4. Quoted prices must include GST and all applicable levies, duties, taxes and charges.

2.5. Any charge not stated in the Quote will not be payable by the Council.

2.6. The Respondent must submit:

2.6.1. the original Form of Quote; and

2.6.2. the completed Schedules.

2.7. Any Quote may be rejected if it does not conform with the requirements of the

Specifications or this RFQ.

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3. Lodgement of Quotes

Quotes must email directly to: [email protected] with the Quote title and must be addressed to: Anna Osman, Asset Program Manager Application for Quote for: KANGAROO ISLAND COUNCIL – SUPPLY OF CONSTRUCTION MATERIAL Closing Date: 4.00pm Friday 16 October 2015.

3.1. Respondents must not use this RFQ (including any attached technical and other written

information supplied by the Council) for any purpose other than to prepare a Quote. This

includes not copying this RFQ (including any attached technical and other written

information supplied by the Council) and providing a copy to any third party not involved in

the preparation of a Quote.

4. Acceptance of Quote

4.1. The Respondent agrees that the Quote remains open for a minimum period of 60 days

after the Closing Date.

4.2. This RFQ, together with the Council’s written acceptance of the Quote and the issue of an

official Council purchase order, constitute the contract between the Council and the

successful Respondent.

5. No Legal Requirement

The issue of this RFQ or any response to it does not commit, obligate or otherwise create a legal requirement on the Council to acquire the Services from a Respondent.

6. Council’s Rights

The Council reserves the right to:

6.1. Amend, vary, supplement or terminate this RFQ at any time;

6.2. Accept or reject any Quote, including the lowest price Quote;

6.3. Negotiate with any service provider on all or any part of the Services to be supplied

pursuant to this RFQ;

6.4. Postpone or abandon this RFQ;

6.5. Add or remove any Respondent;

6.6. Accept or reject any Quotes;

6.7. Accept all or part of any Quote;

6.8. Negotiate or not negotiate with one or more Respondents;

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6.9. Discontinue negotiations with any Respondent; and

6.10. Include the Respondents’ names in Council reports and make them public. This may

include the order of Respondents on the basis of quoted price but without the specific

amount quoted.

7. Quote Evaluation

In assessing Quotes, the Council will have regard to, but not necessarily be limited to, the following criteria (not listed in any order of priority):

7.1. Completion of the Form of Quote;

7.2. Compliance with the Specifications;

7.3. Timeframe for the completion of the Services;

7.4. Demonstrated experience in completing similar projects;

7.5. Warranties and guarantees of the Services;

7.6. Referees; and

7.7. Insurance.

8. Respondent’s Confidential Information

8.1. Subject to clauses 8.2 and 9.1, the Council will treat as confidential all Quotes submitted by

respondents in connection with this RFQ.

8.2. The Council will not be taken to have breached any obligation to keep information provided

by respondents confidential to the extent that the information:

8.2.1. Is disclosed by the Council to its advisers, officers, employees or subcontractors

solely in order to conduct the RFQ process or to prepare and manage any resultant

agreement;

8.2.2. is disclosed to the Council’s internal management personnel, solely to enable

effective management or auditing of the RFQ process;

8.2.3. is disclosed by the Council to the responsible Minister;

8.2.4. is authorised or required by law to be disclosed; or

8.2.5. is in the public domain otherwise than due to a breach of the relevant obligations of

confidentiality.

9. Governing Law

9.1. This RFQ is governed by the law in South Australia.

9.2. The parties irrevocably submit to the exclusive jurisdiction of the courts in South Australia.

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Part B Conditions of Contract

B 1: Contract Documents

The Contract Documents will comprise the following items as a minimum:

1. These Conditions of Contract; 2. The General Conditions of Contract (AS2124 – 1992), including annexure Part A

and B, 3. The Technical Specification; 4. The Formal Instrument of Agreement; 5. The Letter of Award; 6. Any post tender correspondence; 7. The tender submission including the completed Tender Form, Schedules and any

qualifications to the tender documents; 8. Any tender amendments.

B 2: General Conditions

The general conditions of contract shall be in accordance with the Australian Standard General Conditions of Contract (AS2124 – 1992). The General Conditions of Contract shall be read in conjunction with Annexure Part A and Part B (incorporated in the Conditions of Contract).

B 3: Resolution of Inconsistencies

Where the General Conditions of Contract (AS2124) contradict or are inconsistent with any provision contained in the Contract Documents, the Contract Documents shall override the General Conditions of Contract (AS2124).

B 4: Interpretation

In addition Clause 2 of the General Conditions of Contract (AS2124), the following interpretations shall apply to the contract:

‘Contract Sum’ means the Gross Tender Sum as defined by Schedule 1 in the Tender Form.

‘Relevant Authority’ means any State, Municipal or other body having authority or jurisdiction over or requiring approval for the Works or any part thereof.

‘Construction Program’ means a construction program submitted by the Contractor in accordance with Clause 33.2 of the General Conditions of Contract (AS2124) which details the location and type of work, the commencing and finishing date of each operation, the sequence of operations and the critical path of the works.

‘Variation Order’ means a written direction from the Superintendent which includes a description of the Variation, the Variation number, date issued and the signature of the Superintendent or the Superintendent’s Representative.

‘Working Hours‘ means the hours between 7 a.m. and 5 p.m Monday to Friday.

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B 5: Program

The Contractor shall submit a program to the Superintendent prior to commencing works on site. The program shall be regularly updated at weekly intervals (as a minimum) to include the amended commencing and finishing date of each operation, sequence of operations and the critical path of the quarrying.

B 6: Extension of Time for Practical Completion

Any claim for extensions of time for practical completion made in accordance with Clause 35.5 of the General Conditions of Contract (AS2124) shall be assessed based on the effect the extension of time claim will have on the construction programme critical path.

B 7: Progress Claims

Progress claims shall be accompanied by a detailed itemised breakdown of the value of the claim, total work completed on the project to date, and the work completed in the claim period.

All Tax Invoices shall be made out to Kangaroo Island Council Anna Osman, Asset Program Manager PO Box 121 | 43 Dauncey Street Kingscote SA 5223

[email protected]

B 8: Payments

The Contractor shall submit progress claims in accordance with Clause 42.1 of the General Conditions of Contract (AS2124). After receipt of the Payment Certificate from the Superintendent, the Contractor is required to provide a TAX INVOICE in accordance with the GST legislation in the amount shown on the certificate, addressed to the Principal in accordance with B9 above.

B 9: Retention Money

Retention money shall be withheld by the Principal in accordance with the General Conditions of Contract (AS2124) and Annexure Part A, unless the Contractor provides security in accordance with Clause 5.6 of the General Conditions of Contract (AS2124).

B 10: Site Meetings

The Contractor shall arrange for regular site meetings weekly, or at the discretion of the project manager, unless required otherwise by the Superintendent between the Contractor, appropriate sub-contractors, the Superintendent and Principal (as appropriate).

The Contractor shall keep minutes of such meetings and distribute a copy of the minutes to all parties within two days of each meeting.

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B 11: Obvious Work

Where the specifications do not contain any mention of minor parts or work, which in the opinion of the Superintendent, are reasonably and obviously necessary for the satisfactory completion of the contract works, such parts shall be supplied and installed by the Contractor without any extra charge.

B 12: Cooperation

The Contractor shall fully cooperate with relevant authorities, other contractors and other persons lawfully employed on site.

B 13: Progress of the Works

The Contractor shall progress the works in accordance with the program and with due expedition and without delay to achieve the specified date for practical completion.

Pursuant to Clause 44.2 of the General Conditions of Contract (AS2124) should the Contractor fail to comply with Clause 33 of the General Conditions of Contract (AS2124) the Principal may issue the Contractor a written notice to show cause.

If the Contractor fails to show cause or rectify the default within three (3) days of the written notice, (to the satisfaction of the Superintendent) the Principal may take the work, or part of the work, out of the hands of the Contractor and engage such labour, plant, equipment and materials it deems necessary to complete the works.

Where the work, or part of the work, has been taken out of the hands of the Contractor the Superintendent shall ascertain the cost incurred by the Principal in completing the work and shall issue a certificate certifying the cost.

The cost incurred by the Principal shall be treated as liquidated and ascertained damages and shall be borne by the Contractor.

B 14: Working Hours

If the Contractor wishes to work outside of the working hours it shall obtain the approval of the Superintendent and shall be responsible for all additional costs, including the cost of Supervision of the works by the Superintendent.

Except in the case of emergency, construction activities and working hours shall be in accordance with the EPA noise policy guidelines- reference http://www.epa.sa.gov.au/households/noise_from_industry_and_business Contractors wishing to divert from the hours in the EPA noise policy guidelines shall make application to the Project Superintendent prior to the commencement of any site activity outside the standard approved hours.

B 15: Storage and Protection

The Contractor shall be entirely responsible for storage and protection of all materials, plant and equipment furnished by him or his sub-contractors in connection with the works.

B 16: Nuisance

The Contractor shall make all possible effort to minimise noise, dust, mud, vibration and any other nuisance to the general public and in particular the residents near the site. The

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Contractor shall treat any traffic area or surface under construction to prevent any dust nuisance occurring. Plant shall be fitted with effective silencers unless otherwise approved by the Superintendent. Explosives shall not be used.

B 17: Statutory and Other Requirements

The Contractor shall comply with all relevant statutory requirements.

B 17.1: Industrial Awards

The employment of labour by the Contractor shall be in accordance with both the appropriate provisions of relevant industrial awards and the workplace relations system.

B 17.2: Worker's Compensation

The Contractor shall be registered as an employer with Work Cover pursuant to the Worker's Rehabilitation and Compensation Act. The Contractor shall produce the appropriate Certificate of Registration for inspection by the Principal, prior to the undertaking of any part of the contract works.

No part of the works shall be undertaken by the Contractor, or any subcontractor, unless the Contractor and the subcontractors are so registered.

If any Subcontractor is unable to register as an employer under the Rehabilitation and Compensation Act (e.g. owner operator) then the Subcontractor shall supply adequate insurance protection against personal injury and disability during the term of the Contract and upon request provide evidence of insurance.

B 17.3: Occupational, Health, Safety and Welfare (OHS&W)

The Contractor shall comply with all requirements of the Occupational Health, Safety and Welfare Act, relevant Australian Standards and relevant Industry and Work Cover Codes of Practice, as apply to the works.

B 17.4: Eligibility to Work

The Contractor shall ensure all personnel employed on the site, including employees and sub-contractors, are eligible to work in Australia.

B 17.5: Compliance with Vehicle Mass Limits

The Contractor shall ensure that all laden trucks comply with the provisions of the Road Traffic Act regarding Gross Vehicle, Gross Combination and axle group mass limits. The Principal accepts no responsibility for any prosecution arising from non-compliance with the Act.

B 18: Occupational Health Safety and Welfare

The Principal, the Contractor, the Superintendent and their employees are obligated to provide and maintain, so far as is practicable, a working environment for their employees and members of the public, that is safe and without risk to health.

As a condition of this Contract, the Principal requires that Contractors and / or Subcontractors will at all times identify and exercise all necessary precautions to protect the health and safety of all persons including the Contractor’s employees, the Principal’s

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employees, the Superintendent’s employees and members of the public who may be affected by the works.

The Contractor will inform itself of all Occupational Health, Safety and Welfare policies, procedures or measures implemented or adopted by the Principal. The Contractor will comply with all such policies, procedures or measures; and in the event of any inconsistency, the Contractor will comply with such procedures or measures so as to maintain the highest level of health and safety.

The Contractor will comply with all directions made by the Superintendent in relation to Occupational Health Safety and Welfare.

B 18.1: OHS&W Management System

The Contractor shall plan, establish and maintain an OHS&W Management system to protect and maintain the health and safety of all personnel associated with the works.

The OHS&W Management system shall be based on AS4804 –“Occupational Health and Safety systems – General guidelines on principles, systems and supporting techniques”.

The Contractor shall maintain accurate records in accordance with the regulations. The Superintendent may audit these records at the Superintendent’s discretion.

B 18.2: Site Specific OHS&W Management Plan

The Contractor shall develop a site-specific OHS&W management plan. Within seven (7) days of Letter of Acceptance, the Contractor shall provide a copy of the OHS&W Management plan to the Superintendent.

The OHS&W management plan shall include a hazard management plan to identify the risks associated with each stage of the project and the control measure associated with each risk. The plan shall also include the training and induction requirements of all employees and visitors on site.

The Contractor shall ensure that all personnel including contractor’s staff, sub-contractors and visitors on the site are adequately trained on the work specific and site-specific OHS&W requirements of the project.

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B 18.3: Licences and Qualifications

The Contractor shall ensure that all personnel employed on the site, including employees and sub-contractors are holders of appropriate licences and qualifications relevant to the works being undertaken.

B18.4: Unsafe Conditions

If at any stage during the course of the works conditions exist which in the opinion of the Superintendent or the Principal are hazardous and threaten the safety of the Contractor's workers, the general public or any private or public property, the Superintendent or the Principal’s Representative may order the Contractor to cease operations and make good the unsafe portions of the works.

Work shall not recommence until the works have been made safe and are no longer of a hazardous nature and the Superintendent has inspected the work.

Should the Contractor fail to fully comply with the Superintendent's instruction to make good the hazardous or unsafe portions of the work within the time ordered by the Superintendent, the Superintendent may without notice to the Contractor arrange for works to be undertaken which in his opinion are necessary to relieve the hazardous and unsafe conditions. All costs incurred shall be borne and paid by the Contractor to the Principal who may deduct and retain the said costs from the Contract Sum.

B 18.5 Vacation of site In the event the contractor vacates the project/site due to latent conditions, written notice shall be issued to the Principle 48 hours prior to the site vacation. Any known and/or recorded unsafe conditions shall be made "safe" prior to vacating. In the event the contractor vacates the site, the contractor must provide alternate site and traffic management and signage capabilities during the term of their absence. The costs to re-establish on site, following the period of site vacation, shall be borne by the contractor.

B 18.6: Incident Notification

If the Contractor is required to give any notice of an accident, incident or dangerous occurrence in accordance with legislative requirements during the performance by the Contractor of the work under the contract, the Contractor shall notify the Superintendent at the same time.

The Contractor must immediately notify the Superintendent of any accident, incident or dangerous occurrence, property or environmental damage which occurs during the carrying out of the work under the Contract. All lost time incidents shall be notified to the Superintendent.

The Contractor must within 3 days of any such incident provide a report giving complete details of the incident, including results of investigations into its cause, and any recommendations or strategies for prevention in the future.

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B 19: Certificates

Certificates of Practical Completion and Final Completion shall be issued following approval of the works by the Superintendent and written confirmation from relevant authorities that all works have been approved.

For the purposes of clause 2, of the General Conditions of Contract (AS2124) Practical Completion (c) ‘documents and other information required under the Contract which, in the opinion of the Superintendent, are essential for the use, operation and maintenance of the works” are as follows: -

Complete quality assurance records (including completed Inspection and test plans and test results) to the satisfaction of the Superintendent.

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B 29: General Conditions of Contract (AS2124) - Annexure Part A

AS 2124 – 1992

ANNEXURE to the Australian Standard General Conditions of Contract

PART A

This Annexure shall be issued as part of the tender documents and is to be attached to the General Conditions of Contract and shall be read as part of the Contract.

The law applicable is that of the state or Territory of: (Clause 1)

SOUTH AUSTRALIA

The Principal: (Clause 2)

KANGAROO ISLAND COUNCIL

The address of the Principal: 43 DAUNCEY STREET, KINGSCOTE, S.A.5223

The Superintendent: (Clause 2)

AS ABOVE

The address of the Superintendent: (Clause 2)

AS ABOVE

Limits of accuracy applying to quantities for which the Principal accepted a rate or rates: (Clause 3.3(b))

TO APPLY

Bill of Quantities – the alternative applying: (Clause 4.1)

ALTERNATIVE 1

The time for lodgement of the priced copy of the Bill of Quantities: (Clause 4.2)

4.2 (C) TO APPLY

Contractor shall provide security in the amount of: (Clause 5.2)

5% OF CONTRACT SUM

Principal shall provide security in the amount of: (Clause 5.2)

NOT APPLICABLE

# The period of notice required of a party's intention to have recourse to retention moneys and/or to convert security: (Clause 5.5)

5 DAYS

The percentage to which the entitlement to security and retention moneys is reduced: (Clause 5.7)

50%

Interest on retention moneys and security - the alternative applying: (Clause 5.9)

ALTERNATIVE 2

The number of copies to be supplied by the Principal: (Clause 8.3)

TWO

The number of copies to be supplied by the Contractor: (Clause 8.4)

NOT APPLICABLE

The time within which the Superintendent must give a direction as to the suitability and return the Contractor's

14 DAYS

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AS 2124 – 1992

ANNEXURE to the Australian Standard General Conditions of Contract

PART A

This Annexure shall be issued as part of the tender documents and is to be attached to the General Conditions of Contract and shall be read as part of the Contract.

copies: (Clause 8.4)

Work which cannot be subcontracted without approval: (Clause 9.2)

ALL SUBCONTRACTORS MUST BE APPROVED

The percentage for profit and attendance: (Clause 11(b))

5%

The amount for profit and attendance: (Clause 11(c))

5%

Insurance of the Works - the alternative applying: (Clause 18)

ALTERNATIVE 2

The assessment for insurance purposes of the costs of demolition and removal of debris: (Clause 18(ii))

5% OF CONTRACT SUM

The assessment for insurance purposes of consultants' fees: (Clause 18 (iii))

2.5% OF CONTRACT SUM

The value of materials to be supplied by the Principal: (Clause 18 (iv))

NIL

The additional amount or percentage: (Clause 18(v))

5% OF CONTRACT SUM

Public Liability Insurance - the alternative applying: (Clause 19)

ALTERNATIVE 2

The amount of Public Liability Insurance shall be not less than: (Clause 19)

$ 20 MILLION

The time for giving possession of the Site: (Clause 27.1)

30 DAYS

The Date for Practical Completion: (Clause 35.2)

AS TENDERED

Liquidated Damages per day: (Clause 35.6)

$1,000

Limit of Liquidated Damages: (Clause 35.7)

$20,000

Bonus per day for early Practical Completion: (Clause 35.8)

NIL

Limit of bonus: (Clause 35.8)

NOT APPLICABLE

Extra costs for Delay or Disruption: (Clause 36)

Nil

The Defects Liability Period: (Clause 37)

NIL

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AS 2124 – 1992

ANNEXURE to the Australian Standard General Conditions of Contract

PART A

This Annexure shall be issued as part of the tender documents and is to be attached to the General Conditions of Contract and shall be read as part of the Contract.

The Charge for overheads, profit, etc. for Day work: (Clause 41(f))

NIL

Times for Payment Claims: (Clause 42.1)

CLAIMS TO BE SUBMITTED WITHIN 7 DAYS OF MONTHS END.

Unfixed Plant and Materials for which payment claims may be made notwithstanding that they are not incorporated in the Works: (Clause 42.1(ii))

NIL

Retention Moneys on: (Clause 42.3)

N/A.

Retention Moneys on: (Clause 42.3)

N/A

Unfixed Plant or Materials - the alternative applying: (Clause 42.4)

N/A

The rate of interest on overdue payments: (Clause 42.9)

NIL

The delay in giving possession of the Site which shall be a substantial breach: (Clause 44.7)

60 DAYS

The alternative required in proceeding with dispute resolution: (Clause 47.2)

ALTERNATIVE 1

The person to nominate an arbitrator: (Clause 47.3)

CHAIRPERSON OF THE INSTITUTE OF ARBITRATORS

Location of arbitration: (Clause 47.3)

SOUTH AUSTRALIA

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30: General Conditions of Contract (AS2124) - Annexure Part B

AS 2124 – 1992

ANNEXURE to the Australian Standard General Conditions of Contract

PART B

Note: This table is intended for easy reference to clauses that may have been deleted, amended or added to Australian Standard 2124-1992

1. The following Clauses have been deleted from the General Conditions in AS 2124-1992:

Clause 16 Line 22 delete closing bracket after Contractor.

Clause 17 Delete lines 44 and 45.

2. The following Clauses have been amended and differ from the corresponding Clauses in AS 2124-1992:

Clause 9 Amend line 44 to:

advise the Contractor of approval or REJECTION.

Clause 12 Amend lines 33 to 35:

excluding weather conditions, which differ materially AND SUBSTANTIALLY from THOSE physical conditions which should reasonably have been anticipated by AN EXPERIENCED AND COMPETENT CONTRACTOR at the time of the Contractor's tender etc.

Amend line 49:

The latent condition encountered and in what respect it differs materially AND SUBSTANTIALLY.

Amend line 7:

which AN EXPERIENCED AND COMPETENT contractor could not reasonably have anticipated, etc.

Amend lines 49 and 50 to:

The Principal shall indemnify the Contractor in respect of claims referred to in Clause 17.1(v).

Clause 29 Add new Clause 29.2(a):

CONSTRUCTION PLANT OWNED BY OTHERS

THE CONTRACTOR SHALL, UPON REQUEST BY THE SUPERINTENDENT, NOTIFY THE SUPERINTENDENT IN WRITING OF THE NAME AND ADDRESS OF THE OWNER OF ANY CONSTRUCTION PLANT USED ON THE WORK UNDER THE CONTRACT AT THE SITE AND HELD BY THE CONTRACTOR UNDER AN AGREEMENT WITH THE OWNER. THE PRINCIPAL MAY, IN ORDER TO AVOID SEIZURE BY THE OWNER OF SUCH CONSTRUCTION PLANT, PAY TO THE OWNER THE AMOUNT OF ANY OVERDUE INSTALMENT OR OTHER SUMS PAYABLE UNDER THE AGREEMENT. IN THE EVENT OF HIS DOING SO HE MAY RECOVER THE AMOUNT AS A DEBT DUE FROM THE CONTRACTOR.

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AS 2124 – 1992

ANNEXURE to the Australian Standard General Conditions of Contract

PART B

Note: This table is intended for easy reference to clauses that may have been deleted, amended or added to Australian Standard 2124-1992

Add new Clause 29.4:

WARRANTIES

THE CONTRACTOR SHALL ENSURE THAT ALL WARRANTY ENTITLEMENTS ARISING FROM THE WORKS INCLUDE THE PRINCIPAL AND THE CONTRACTOR AS NAMED BENEFICIARIES. SUCH WARRANTIES SHALL BE IN A FORM APPROVED BY THE SUPERINTENDENT AND SHALL BE SUBMITTED TO THE SUPERINTENDENT PRIOR TO THE ISSUE OF THE FINAL PAYMENT CERTIFICATE.

Clause 30 After line 21 (page 25 Clause 30.6), add new paragraph:

THE CONTRACTOR SHALL NOT BE ENTITLED TO RELY UPON ANY INSPECTIONS OR TESTS CARRIED OUT FOR THEIR OWN PURPOSES BY THE PRINCIPAL OR SUPERINTENDENT.

Clause 35 Amend line 41 or 35.5:

described in the next paragraph and within 14 days after the delay occurs the Contractor ...

Between lines 38 and 39 (page 29) add new paragraph:

THE CONTRACTOR SHALL NOT BE ENTITLED TO ANY PAYMENT ARISING FROM THE GRANTING OF AN EXTENSION OF TIME OVER AND ABOVE ANY PAYMENT TO WHICH HE IS ENTITLED UNDER THE CONTRACT FOR THE EVENT THAT HAS CAUSED SUCH EXTENSION OF TIME.

Amend “28 days” in lines 33, 35 and 44 to “14 days”.

Clause 35.5

Amend line 49 (page 28):

inclement weather CONDITIONS WHICH DIFFER FROM THE CONDITIONS STATED IN THE CONTRACT OR IN THE ABSENCE OF SUCH STATEMENT WHICH DIFFER MATERIALLY AND SUBSTANTIALLY FROM THOSE CONDITIONS WHICH SHOULD REASONABLY HAVE BEEN ANTICIPATED BY AN EXPERIENCED AND COMPETENT CONTRACTOR.

Clause 36 Amend by adding between lines 22 and 23, a new paragraph:

UNDER NO CIRCUMSTANCES SHALL PAYMENT FOR SUCH DELAYS OR DISRUPTION EXCEED THE RATE AGREED UPON ELSEWHERE IN THE CONTRACT.

Clause 41 Line 44 amend:

in determining the value of Day Work WHERE THE CONTRACT DOES NOT INCLUDE RATES(S) FOR DAY WORK regard shall be had to ...

Line 7, page 33, amend:

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AS 2124 – 1992

ANNEXURE to the Australian Standard General Conditions of Contract

PART B

Note: This table is intended for easy reference to clauses that may have been deleted, amended or added to Australian Standard 2124-1992

EXCEPT WHERE NOTED OTHERWISE IN THE CONTRACT THE amounts payable for Day work, etc.

Clause 42.1

Amend line 27 to:

Clause 44.6, amounts paid under the Contract and amounts IN OPINION OF THE SUPERINTENDENT otherwise due from the ...

Clause 46 Amend lines 40 and 41 to:

unless within 42 days AFTER THE DIRECTION OR APPROVAL IS GIVEN TO THE CONTRACTOR, the Contractor has given to the ...

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Section C – Specifications Crushed Limestone

1. Quarrying, Crushing and Rehabilitation

1.1. Acts The Contractor shall conduct his quarrying and crushing operations in a manner that meets the requirements of the Mines and Works Inspection Act, and the Occupational Health, Safety and Welfare Act, including any subsequent amendments or additions thereto. The rates tendered shall include the costs of compliance with these Acts, and no additional payments by the Principal will be considered.

1.2. Approval of the Chief Inspector of Mines All quarrying is to be undertaken in nominated pits approved by Kangaroo Island Council. Pits sites additional to the recommended sites in this document, shall be presented to the Principal for approval. The Contractor shall ensure adequate notice is provided to Council to ensure all necessary approvals can be granted.

It will not be necessary for the Contractor to submit a program of work to the Chief Inspector of Mines for approval provided that operations are carried out in accordance with the Specification and the borrow pit management plan (Appendix A). Any alteration to the approved program of work will require the approval of the Principal.

1.3. Underground Services

The Contractor shall undertake the necessary Dial before you Dig process to ensure there are no optical fibre or other services in the vicinity of the rubble pits.

1.4. Quarrying

1.4.1. Quarry Development The Contractor shall only quarry the rubble within the area no deeper than the existing pit floor. The Contractor needs to be aware of what the target material quantities are and setup its operations to demonstrate production of an acceptable product through a series of tests and hold points until a work practice is established that produces a material that best meets Councils requirements. This will involve the Contractor working the pit face to ensure the ratio of stone and soil is maintained constant once the material blend is determined. The Contractor will also need to adapt to variability in materials and adapt its operations to variations in the pit face composition and respond accordingly to changes resulting from testing results.

1.4.2. Removal of Topsoil and Overburden from Site The Contractor shall remove overburden and stockpile on site for reinstatement at a later time.

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1.4.3. Unsuitable Material (All Sites)

Material unsuitable for the production of Type 1 or 2 material as defined in Part C and which can be selectively quarried shall be removed and stockpiled adjacent to the quarry at a location accepted by the Superintendent.

HOLD POINT: The Contractor shall not proceed with the selective quarrying of unsuitable material without the acceptance of the Superintendent.

On completion of quarrying, the material shall be stacked and measured for payment. The material shall then be returned to the quarry as part of the rehabilitation process.

Payment will be made for quarrying, stockpiling and returning the material to the quarry under item “Quarrying of Unsuitable Material” in the Schedule of Rates.

Payment will not be made if this material is used by the Contractor to prepare and maintain access tracks, stockpile sites and hard standing areas and for any other purpose which assists the Contractor's operations.

1.4.4. Secondary Breakdown

As quarrying operations proceed, the Contractor shall progressively breakdown and crush quarried stone that is initially too large to enter the primary crusher. All quarried stone shall be crushed into product by the conclusion of the Contract.

1.4.5. Crushing

1.4.5.1. Location

The location of the plant shall be the responsibility of the Contractor.

The Contractor shall detail the position of the plant 1 week prior to being on site.

1.4.5.2. Feeder Ramp

Material required for the construction of the feeder ramp shall be taken from the quarry feed material or other material accepted by the Superintendent.

Payment will not be made for the loading and hauling of material used for the construction of the feeder ramp, nor for the construction and removal of the feeder ramp.

1.4.5.3. Raw Feed

Once the contractor has inspected the site and assesses the pit face, and the mix of stone and soil required to meet target material quality, the contractor may selectively extract material from the pit and produce separate stockpiles of differing raw feed material with a view to blending prior to loading into the crusher.

1.4.5.4. Handling of Crushed Materials

Handling of crushed materials prior to delivery to final stockpile shall be undertaken in a manner that minimises segregation, contamination, and breakdown of the product. Stockpiling shall be conducted in accordance with Clause 0 “Preparation and Maintenance of Stockpiles Site”.

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1.4.5.5. Control of Production

The material will be tested by the contractor and stockpiles will be managed by the Contractor to ensure each stockpile is identified as approved for use or rejected. Prior to demonstrating a material can be produced to meet requirements, the contractor shall produce an initial stockpile of material.

HOLD POINT: The Contractor shall not proceed with production until material testing is undertaken and accepted by the Superintendent. Where the material is not accepted a disposition will be established and a new stockpile produced. This process will continue until a suitable material is produced and accepted.

Once the contractor demonstrates that a suitable material can be produced, a production testing program is to be introduced to ensure the product can be produced consistently. During operations sampling and testing of material shall be based on 1 week’s production or as listed in the Notes in D.5.3.1..

HOLD POINT: The Contractor shall not approve stockpiles for use until production testing certificates are presented to the Superintendent for each Lot of production. Where the results are rejected a disposition shall be agreed with the Superintendent depending on the nature of the non-conformance. This may involve re-crushing material, re-blending or separating stockpile as select fill.

1.4.6. Dust Control

Persons working in the quarry, or on or near the crushing and screening plant shall not be exposed to respirable dust loadings in excess of the National Health and Medical Research Council Threshold Limit Values (1981) (hereinafter referred to as TLV).

If requested by an Inspector of Mines, the Contractor shall demonstrate that the crushing plant is capable of producing materials complying with the Specification without exposing persons working on or near the plant to respirable dust loadings in excess of TLV.

If the Inspector of Mines determines that persons working in the quarry or on or near the crushing and screening plant are exposed to respirable dust loadings in excess of TLV, the Contractor shall remedy the situation within the time specified by the Inspector. If the situation is not remedied within the time specified, that part of the quarry or plant requiring remedial action shall cease operating until the situation is remedied.

Documentation relating to the following are available from the Chief Inspector of Mines:

Recommended Procedure for Effective Dust Control In Quarrying and Mining Operations, National Health and Medical Research Council Occupational Health Guide Silica (Silicosis), National Health and Medical Research Council Occupational Health Guide Threshold Limit Values (1981).

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1.4.7. Preparation and Maintenance of Stockpile Sites

1.4.7.1. Rubble Stockpile Sites

The maintenance of stockpile sites shall be the responsibility of the Contractor. The Contractor shall ensure that the stockpile floor remains in a sound and trafficable condition able to withstand the movement of vehicles without deformation or contamination of product.

Stockpile shall be clearly labelled to demonstrate approval and purpose for use e.g. Wearing Surface, Base material or Select Fill.

Stockpiles shall be developed to ensure the composition of fines and stone remain consistent and segregation is minimised. The contractor is responsible for ensuring stockpile material composition remains consistent and where directed will be responsible for reworking stockpiles that are rejected due to segregation.

Tenderers are advised that accurate verification of stockpile quantities will become a critical part of the contracted works. The tender evaluation process for this work will focus on submitted and proposed methodology for supplying accurate proof of material quantities. Tenderers must advise proposals to verify quantities raised and stockpiled and this may include site surveying prior to commencement of works, site surveying at completion of raising, stockpiling and rehabilitation, or mechanical weighing of raised product in stockpile, or weighing of material by other means.

Separate payment will not be made for the maintenance of stockpile sites.

1.4.8. Site Rehabilitation

1.4.8.1. Quarry, Plant Site and Acceptance Stockpile Areas

For all sites, the quarry and crushing sites shall be left in a tidy condition free of rubbish, litter, plant, equipment, feeder and other ramps, and stockpiles of waste material caused by the Contractor.

The Contractor shall batter quarry faces to not steeper than 3 horizontal to 1 vertical.

The Contractor shall not leave excess raised material or uncrushed loose stone in stockpiles in the pits. Any excess raised material must be levelled out in preparation for re-spreading of topsoil.

At the conclusion of the operations, and as directed, the Contractor shall in accordance with the borrow pit management plan, Appendix A, spread any surplus overburden/topsoil over the pit floor in such a way as to preserve access for future users of the pit or the area in general. The cost of this work is to be included in the overall m3 rate and no extra payment will be made for site rehabilitation.

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1.5. Quality, Acceptance, Delivery and Measurement of Materials

1.5.1. Quality of Materials (If required by Superintendent)

The following tables outline the target properties of the crushed material as a final product. It is not the intention of this specification to introduce a separate screening operation. Upon identification of the properties of the material from the preliminary crushing a revised target grading may be developed to assist the contractor in providing uniformity.

The crushed materials shall comply with the following requirements:

Type 1 – Wearing surface

Quality Control Test Characteristic Percentage Passing

Particle Size Distribution

TP 134

Aggregate Grading -%

passing sieve size (mm)

55 100

37.5 95 - 100

26.5 90 - 100

19 80 – 100

2.36 35 - 65

0.425 15 – 50

0.075 10 - 40

AS 1289.3.1.2 Liquid Limit 0 - 35

AS 1289.3.3.1 Plasticity Index Minimum 4% Maximum 12%

AS 1289.3.4.1 Linear Shrinkage Minimum 0% Maximum 4%

For limestone material the lower limit of PI may be omitted from the assessment if there is demonstrated cementing

properties present that will hold the material together on the road under traffic

Figure 1 – Grading Curve (Source: Austroads, Guide to Pavement Technology Part 6: Unsealed Pavements)

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1.5.1.1. Grading Co-efficient Chart.

The grading of the base material is to conform to Classification E shown in Figure 2.

Figure 2 Relationship between shrinkage product, grading coefficient and performance of wearing course gravels (Source: Austroads, Guide to Pavement Technology Part 6: Unsealed Pavements)

Where:

Shrinkage Product: 𝑺𝑷 = 𝑳𝑺 ∙ 𝑷𝟎.𝟒𝟐𝟓 (LS = Linear shrinkage, P0.425 = percentage passing 0.425 mm sieve)

Grading Coefficient:𝑮𝑪 =(𝑷𝟐𝟔.𝟓−𝑷𝟐.𝟎)∙𝑷𝟒.𝟕𝟓

𝟏𝟎𝟎(P26.5, P4.75, P2.0 = percent passing respective sieve

sizes) Zone classification (Source: Austroads, Guide to Pavement Technology Part 6: Unsealed Pavements)

A Erodible Comprises sandy and clayey silts with insufficient plasticity to provide tight bonding.

Erosion sensitive with crossfall runoff and inclines.

B Corrugates and ravels (you had

Ravels and corrugates)

Comprises sands and sandy gravels with little plasticity; therefore aggregate becomes loose (ravelling) and corrugations develop from vehicle suspension

oscillation. Can also erode in high rainfall areas.

C Ravels Comprises coarse gravels with little fines or plasticity to bind the aggregate and

therefore ravels quickly.

D Slippery Comprises silty clays and clayey gravels with high fines content producing slippery

surfaces when wet.

E Good Comprises well-graded soil aggregate mixes with sufficient plasticity to bind

aggregate fractions into a hard wearing tight surface. Higher fines content can produce a dusty surface.

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Type 2 – Base

Quality Control Test Characteristic Percentage Passing

Particle Size Distribution TP 134

Aggregate Grading -% passing sieve size (mm)

55 100

37.5 90 - 100

26.5 80 - 100

19 70 – 100

9.5 55 – 90

2.36 30 – 65

0.425 10 – 50

0.075 5 - 40

AS 1289.3.1.2 Liquid Limit 0 - 35

AS 1289.3.3.1 Plasticity Index Minimum 4% Maximum 18%

AS 1289.3.4.1 Linear Shrinkage Minimum 0% Maximum 4%

In addition to the grading defined in Type 2 – Base, grading shall fall within the parameters defined as “Light traffic” in

Figure 3.

Figure 3 Workability attributes of granular materials (Source: Austroads, Guide to Pavement Technology Part 6:

Unsealed Pavements)

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Type 3 – Select Fill Fill Material Classification

Characteristic

Material Classification

Type A

(DPTI Class A)

Type B

(DPTI Class B)

General Fill (Unclassifie

d)

(DPTI Class D)

Aggregate Grading -% passing sieve size

106 mm - 100 100

75 mm 100 80 - 100 -

37.5 mm 80 – 100 80 -100 -

0.075 mm 0 - 25 0 -35 <20 %

Max. Plasticity Index 12 - -

Max. Linear Shrinkage 6 % 8 % -

Instability Index 2.0%. 2.0% -

Max. Weighted Plasticity Index 1,000 1,200 -

Mica, shale and similar laminate materials

Not permitted

Not permitted

Not permitted

Special consideration and may be required for the following suitable materials: -

Clays of high plasticity, which may be reactive and need to be selectively placed within the fill and under strict moisture and density control.

Material, which, after compaction, contains large particles, which may lead to difficulties in the excavation of trenches for footings or services etc.

Single-sized or gap-graded gravels or rock fill that will not break down on compaction, leaving voids into which finer material may subsequently migrate.

Saline, chemically aggressive or polluted soils, and carbonate soils where acid disposal may occur.

Potential acid sulphate soils.

Materials that cannot be tested to demonstrate compliance with the specification

1.5.2. Sampling and Testing

1.5.2.1. Sampling

Sampling of the Rubble shall be undertaken by the Contractor in accordance with Test Procedure 226 "Sampling of Soils, Aggregates and Rocks" for assessment purposes.

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1.5.2.2. Testing

Testing to determine conformance with Clause 3.1 "Quality of Materials" shall be undertaken by the Contractor.

Particle Size Distribution testing TP134 shall be undertaken for every lot.

Plasticity Index AS 1289.3.3.1 shall be undertaken every lot. Liquid Limit(LL) and Linear Shrinkage ( LS) shall be undertaken every lot.

These tests to be undertaken at the discretion of the Superintendent.

1.5.3. Conformance of Material

1.5.3.1. General

Material shall be deemed to be conforming only if it has been produced, conformance tested and stockpiled in accordance with the Specification.

1.5.3.2. Payment for Material

Payment will only be made for material that is produced in accordance with this Specification.

Payment for conforming material will be made at the tendered rates in the Schedule of Rates.

Conforming material is material that meets the Type 1 Wearing Surface and Type 2 Lower Base material specifications.

Non-Conforming material is material that meets Type 3 Select Fill Material – not applicable to this contract.

Where ordered by the Superintendent material that is reprocessed through the crusher to either reduce the oversize or increase the fines by blending with soil as a result of a disposition to a hold point shall be reprocessed at the rate in the Schedule of Rates.

One mobilisation payment for the project will be paid in accordance with the schedule of rates to transport and setup operations on Kangaroo Island. The remobilization and setup at each pit location is to be included in the m3 rates mentioned above.

All payment will be based on the following process:

a. Stockpiles shall be measured by the Superintendent to determine a loose volume achieved of conforming material. An interim payment may be claimed during the course of the production of suitable material, equalling 95% of the volume claimed at each monthly progress claim.

b.. An average MDD attained by the material testing & grading from stockpiles shall be used and agreed between the Superintendent & Contractor representative for use in the conversion from loose volume( M3) to weight based ( ton) calculation.

c. Final Payment will be made at the Novation of the stockpiled material to the relevant Road Construction contractor, and the rehabilitation of the relevant borrow pit to the satisfaction of the Project Manager and/or landowner in accordance with the

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Borrow Pit Management Plan. This will signify Final Completion of the contract for the supply of material.

1.5.4 Non Conforming Penalty Clause

Should material produced not be on time or to Specification or both, Council will cancel the agreement and purchase order and charge the contractor the price difference between the agreed rate (as per this Request for Quote) and the supply and delivery rate for a 3rd party to supply the required materials.

1.5.5 Stockpiling of Rubble

Stockpiling of the Rubble shall conform to the following requirements:

The stockpile is to be adjacent to the quarry limits as to allow access to at least 2 sides of the stockpile.

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Section C – Specifications Aggregate

2. Quarrying and Crushing

2.1 Acts

The Contractor shall conduct his quarrying and crushing operations in a manner that meets the requirements of the Mines and Works Inspection Act, and the Occupational Health, Safety and Welfare Act, including any subsequent amendments or additions thereto. The rates tendered shall include the costs of compliance with these Acts, and no additional payments by the Principal will be considered.

2.2 Control of Production

The material will be tested by the contractor and stockpiles will be managed by the Contractor to ensure each stockpile is identified as approved for use or rejected. Prior to demonstrating a material can be produced to meet requirements, the contractor shall produce an initial stockpile of material.

HOLD POINT: The Contractor shall not proceed with production until material testing is undertaken and accepted by the Superintendent. Where the material is not accepted a disposition will be established and a new stockpile produced. This process will continue until a suitable material is produced and accepted.

Once the contractor demonstrates that a suitable material can be produced, a production testing program is to be introduced to ensure the product can be produced consistently. During operations sampling and testing of material shall be based on 1 week’s production.

HOLD POINT: The Contractor shall not approve stockpiles for use until production testing certificates are presented to the Superintendent for each Lot of production. Where the results are rejected a disposition shall be agreed with the Superintendent depending on the nature of the non-conformance. This may involve re-crushing material, re-blending or separating stockpile as select fill.

2.3 Dust Control

Persons working in the quarry, or on or near the crushing and screening plant shall not be exposed to respirable dust loadings in excess of the National Health and Medical Research Council Threshold Limit Values (1981) (hereinafter referred to as TLV).

If requested by an Inspector of Mines, the Contractor shall demonstrate that the crushing plant is capable of producing materials complying with the Specification without exposing persons working on or near the plant to respirable dust loadings in excess of TLV.

If the Inspector of Mines determines that persons working in the quarry or on or near the crushing and screening plant are exposed to respirable dust loadings in excess of TLV, the Contractor shall remedy the situation within the time specified by the Inspector. If the situation is not remedied within the time specified, that part of the quarry or plant requiring remedial action shall cease operating until the situation is remedied.

Documentation relating to the following are available from the Chief Inspector of Mines:

Recommended Procedure for Effective Dust Control In Quarrying and Mining Operations, National Health and Medical Research Council Occupational Health Guide Silica (Silicosis),

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National Health and Medical Research Council Occupational Health Guide Threshold Limit Values (1981).

2.4 Rubble Stockpile Sites

The maintenance of stockpile sites shall be the responsibility of the Contractor. The Contractor shall ensure that the stockpile floor remains in a sound and trafficable condition able to withstand the movement of vehicles without deformation or contamination of product.

Stockpile shall be clearly labelled to demonstrate approval and purpose for use e.g. Wearing Surface, Base material or Select Fill.

Stockpiles shall be developed to ensure the composition of fines and stone remain consistent and segregation is minimised. The contractor is responsible for ensuring stockpile material composition remains consistent and where directed will be responsible for reworking stockpiles that are rejected due to segregation.

Tenderers are advised that accurate verification of stockpile quantities will become a critical part of the contracted works. The tender evaluation process for this work will focus on submitted and proposed methodology for supplying accurate proof of material quantities. Tenderers must advise proposals to verify quantities raised and stockpiled and this may include site surveying prior to commencement of works, site surveying at completion of raising, stockpiling and rehabilitation, or mechanical weighing of raised product in stockpile, or weighing of material by other means.

Separate payment will not be made for the maintenance of stockpile sites.

2.5 Quality, Acceptance and Measurement of Materials

2.5.1 Source Materials Source materials hall be natural quarried material. No recycled material is permitted to be included.

Source rock shall be processed to produce crushed and/or screened aggregate suitable for sprayed sealing works and shall conform to the requirements shown in Table……. The aggregate shall be of uniform quality, clean, hard and durable and shall be free from clay, organic matter and elongated particles.

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2.5.2 Product Quality Control

TEST PROCEDURE

MANUFACTURING TOLERANCE

QUALITY CONTROL TESTS

Particle Size Distribution AS 1141.11

Product SA 20-14 SA 16-10 SA 14-10 SA 10-7 SA 7-5 SA 5-2

Sieve Size (mm) Percent Passing

26.5 100

19 95 – 100 100

16 35 – 65 65 – 90 100

13.2 0 – 10 15 – 40 90 – 100 100

9.5 0 – 2 0 – 8 0 – 15 85 – 100 100

6.7 0 – 2 0 – 2 0 – 15 80 – 100 100

4.75 0 – 3 0 - 20 80 – 100

2.36 0 - 5 0 – 10

1.18 0 – 1 0 – 1 0 – 1 0 – 1 0 - 1 0 – 1

AS 1141.15 Flakiness Index Maximum 25% Reported

Value N/A

TP244 % Flat Particles N/A Maximum 35% N/A

AS 1141.14 [3] Mis-shapen Particles %

Reported Value N/A

AS 1141.23 LA Abrasion Grading H

Max 25% N/A

AS 1141.23 LA Abrasion Grading J

N/A Maximum 25% N/A

AS 1141.23 LA Abrasion Grading K

N/A Maximum 25% Maximum 30% Maximum 30% (1)

AS 1141 42/40[1] PAFV Min 48[2] Minimum 45[2]

TP705[1]

Aggregate Stripping

Maximum 15% Wet and Maximum 5% Dry

AS 1141.20.1

ALD – Direct

Reported Value N/A

AS 1141.20.2 ALD - Direct N/A Reported Value

1. Sample shall be prepared from an appropriately sized fraction of identical source rock.

2. A minimum value of 55 shall apply to sites requiring high skid resistance.

3. Calliper Ratio = 2:1; report each of % flat, elongated, and flat and elongated particles.

2.6 Sampling and Testing

2.6.1 Sampling

Sampling of the Rubble shall be undertaken by the Contractor in accordance with Test Procedure 226 “Sampling of Soils, Aggregates and Rocks” for assessment purposes.

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2.6.2 Testing

Testing to determine conformance with Clause 3.1 “Quality of Materials” shall be undertaken by the Contractor.

Particle Size Distribution testing TP134 shall be undertaken for every lot.

Plasticity Index AS 1289.3.3.1 shall be undertaken every lot. Liquid Limit(LL) and Linear Shrinkage ( LS) shall be undertaken every lot.

These tests to be undertaken at the discretion of the Superintendent.

2.7 Conformance of Material

2.7.1 General

Material shall be deemed to be conforming only if it has been produced, conformance tested and stockpiled in accordance with the Specification.

2.7.2 Payment for Material

Payment will only be made for material that is produced in accordance with this Specification.

Payment for conforming material will be made at the tendered rates in the Schedule of Rates.

All payment will be based on the following process:

a. Stockpiles shall be measured by the Superintendent to determine a loose volume achieved of conforming material. An interim payment may be claimed during the course of the production of suitable material, equalling 95% of the volume claimed at each monthly progress claim.

b.. An average MDD attained by the material testing & grading from stockpiles shall be used and agreed between the Superintendent & Contractor representative for use in the conversion from loose volume( M3) to weight based ( ton) calculation.

c. Final Payment will be made at the Novation of the stockpiled material to Kangaroo Island Council. This will signify Final Completion of the contract for the supply of material.

2.8 Non Conforming Penalty Clause

Should material produced not be on time or to Specification or both, Council will cancel the agreement and purchase order and charge the contractor the price difference between the agreed rate (as per this Request for Quote) and the supply and delivery rate for a 3rd party to supply the required materials.

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1.6. Environmental Protection Issues

1.6.1. General

These requirements supplement the protection measures specified in Part 7 "Environmental Protection Issues" of the Environmental Code of Practice for Construction, Road, Bridge and Marine Facilities, Department of Transport, August 1997.

1.6.2. Flora and Fauna

The Contractor shall establish, maintain and decommission controls to prevent Works equipment impacting on the adjacent road reserve (stockpile sites, compounds, etc.).

1 Vegetation not to be removed or damaged.

2 Restrict parking, storage and manoeuvring of machinery to designated areas away from native vegetation.

3 Restrict traffic to existing roads and designated access tracks.

4 Stockpile materials (including excavated spoil) in areas where native vegetation will not be damaged.

5 Develop and implement measures to prevent spread of weeds from any stacking site.

6 Approval by the Superintendent is required for use of additional workspace outside designated areas. Approval shall be sought by submitting an Extra Workspace Request Form to the Superintendent.

1.6.3. Run Off and Sedimentation Control

The Contractor shall establish, maintain and decommission controls to flows into drainage formations.

1 Minimise the size and number of stockpiles and the time over which stockpile surfaces are unprotected.

2 Protect drainage lines at stockpiles sites. Avoid stockpiling materials or disposing of excavated spoil in or across drainage lines

1.6.4. Minimisation

The Contractor shall establish processes to control waste materials generated from the works.

1 Collect surplus materials and used materials for recycling or disposal at a licensed facility.

Any litter shall be picked up daily and placed in sealed bins

2 Minimise the generation of wastes from the Works.

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1.6.5. Storage and Handling of dangerous and Hazardous Substances

1 Develop and implement (if necessary) emergency procedures to contain spills and dispose of hazardous substances.

2 Store, handle and dispose of hazardous wastes in accordance with EPA requirements.

1.6.6. Dust and Suppression

The Contractor shall establish processes to control dust generated through removal of dust and dirt from aggregate and dust generated by the use of temporary trafficked areas.

1.6.7. Stack Sites

All stack sites shall be left in a neat and tidy state, with any remaining material supplied by the Contractor removed.

Contamination of the stack sites shall be avoided. Any accidental spills shall be cleaned up and notified in accordance with EPA requirements.

Environmental controls will be needed to ensure contamination of materials, leachate contamination of sites and dust suppression are managed where precoated materials are used.

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Appendix A Borrow Pit Management Plan

Kangaroo Island Council – Borrow Pit Management Plan

Items Action Requirement Comments

Steps in order of performance

Activity

Extract & produce Granular pavement material under Regulation 5(1)(d)

1. On site supervision and discussion with staff & contractors to be undertaken to ensure an understanding of the environmental issues associated with rubble extraction at the site.

2. Construction Machinery will be confined to the area being used for rubble extraction and existing haul roads or tracks. Conspicuous flagging/bunting to be used to denote allowable areas of traffic.

3. Any stockpiling of material shall be away from the location of remaining native vegetation.

4. Cleared vegetation will be stockpiled in an adjacent location to the works, to enable replacement over the site upon completion of the works.

5. Topsoil shall be excavated and stockpiled in an adjacent location to the works, to enable replacement over the site upon completion of the works.

6. Construction machinery should be washed down before and after completion of the works in accordance with hygiene practices to prevent the spread of the root-rot fungus Phytophthora cinnamomi.

Activity Reinstatement of pit site

1. Rip site and level as is practical prior to replacement of excavated topsoil.

2. Replace topsoil over the excavated site and level as is practical.

3. Respread stockpiled vegetation over site as evenly placed as is practical.

4. Install appropriate signage or barriers to inhibit the use of the cleared site as an informal access track/area.

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Section C - Form of Quote & Schedules 3 Form of Quote

I/We (Respondent) on having read, understood and fully informed myself/ourselves/itself of the contents, requirements and obligations of this RFQ, hereby provide a Quote for the Services.

Name of Respondent

State in full the name(s) of the

respondent(s) and trading names

ABN

Contact Person

Registered Address

Postal Address

Telephone

Fax

Email

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4 Price Schedule

Item Description Unit Unit Rate Qty Price

(ex.GST)

GST

Component

Price

(inc.GST)

1 Preliminaries 1

2 7mm Aggregate Ton 800

Ton 1400

Ton 2000

3 10mm Aggregate Ton 800

Ton 1400

Ton 2000

4 Crushing Ton 50

Ton 100

Ton 150

5 Crusher Relocation Ea ea

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5 Compliance with Specifications

Please indicate if you intend to comply with the specifications:

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6 Timeframe

Council is looking for the works to be completed by the end of November 2015 and end of October 2016 for crushed limestone and the end of December 2015 and end of November 2016 for aggregate pending quantity of material awarded. If contractor performance is seen as not meeting the requirements of Council, Council will seek to cancel order and only pay for work verified to be complying and complete and enact Clause B13 in Part B Conditions of Contract. Please outline you proposed work schedule here:

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7 Insurance

Provide details of insurance currently held by you that would be extended to provide cover for the Services.

Insurance type

Policy no Extent of cover Expiry date Name of insurer

Per incident

$A

In aggregate

$A

Public and products liability

Vehicles plant &

equipment

Workers compensation

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Schedule 3 – Schedule of Daywork Rates and Charges

Project: Supply of Construction Material Contract Number: T201506

The rates nominated in this Schedule shall be applicable to all Dayworks authorised by the Superintendent regardless of the aggregate quantity of Dayworks carried out. All rates are to exclude GST.

Plant

The Tenderer shall provide rates for all types of plant and any specialist equipment that will be employed on the Works. The rates shall not include any allowance for plant operators.

Type Make and Model

Hourly Hire Rate for Daywork

Working Stand-By

Excavator – 24 tonne $ $

Excavator- 20 tonne $ $

Truck – Tandem Tipper $ $

Truck & Dog Trailer $ $

Truck – Single Unit Tipper $ $

Grader $ $

Roller – 12 tonne $ $

Roller – CC10 $ $

Dozer – D6 or similar $ $

Water cart $ $

Loader $ $

Daily Rate = …………………… times hourly rate(s)

Weekly Rate

= …………………… times hourly rate(s)

Labour

The Tenderer shall provide rates for all classifications of labour which are to be employed on the Works.

Classification Hourly Hire Rate for Daywork

Site Supervisor

Leading Hand

Plant Operator

Labourer

Tradesman

Surveying Team

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Schedule 4 – Schedule of Sub-Contractors and Suppliers of Materials

Project: Supply of Construction Material Contract Number: T201506

The Tenderer shall provide the names of any proposed subcontractors and material suppliers in the schedule below. The Principal reserves the right to reject any of the subcontractors and material suppliers listed by the Tenderer in this schedule and request the name(s) of alternative subcontractors or material suppliers.

Nature and Extent of Subcontract Work or Service

Name and Address of Proposed Subcontractor or Material Supplier

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Schedule 5 – Tenderer’s OHS&W Management System

Project: Supply of Construction Material Contract Number: T201506

The Tenderer shall detail their capability to meet the statutory and the Principal’s Occupational Health, Safety and Welfare requirements.

Tenderers shall complete the following Tenderer OHS&W Management System Questionnaire. By including the completed questionnaire in their Tender, the Tenderer acknowledges and confirms as accurate all details contained in the questionnaire.

Yes No

1 OHS&W Policy and Management

1.1 Is there a written company Health and Safety policy?

If yes, please attach a brief outline of the Occupational Health, Safety and Welfare policy.

1.2 Is there a company OHS&W Management System and manual?

If no, a project specific OHS&W management system will need to be developed to identify and protect the Health, Safety and Welfare of employees and members of the public.

2 Safe Work Practices and Written Procedures

2.1 Has the company prepared Safe Operating Procedures (SOP)/Job Safety Analysis (JSA) or specific safety instructions relevant to its operations?

2.2 Is there a documented incident investigation procedure?

2.3 Will a site specific OHS&W plan be developed for the site?

3 OHS&W Training

3.1 Is health and safety training conducted in your company?

3.2 Are records maintained of all training and induction programs undertaken for employees in your company?

4 Health and Safety Workplace Inspections/Records

4.1 Are regular Health and Safety inspections undertaken at worksites?

4.2 Is there a procedure by which employees can report hazards at workplaces?

4.3 Does the Company keep records of lost time injuries?

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The undersigned undertakes that if selected as the successful Respondent, I/we/it will be bound by the conditions provided.

If the Respondent is a company, the Quote must be executed as follows:

Executed by [Company name]

pursuant to section 127 of the Corporations Act 2001

Signature of Director Signature of Director/Company Secretary

(Please delete as applicable)

Name of Director (print) Name of Director/Company Secretary (print)

OR

Signature of Sole Director and Sole Company Secretary

Name of Sole Director and Sole Company Secretary (print)

OR

Signed for [Name]

by an authorised representative in the presence of:

Signature of witness

Signature of authorised representative

Name of witness (print)

Name of authorised representative (print)

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Position of authorised representative (print)

If the Respondent is an individual, the Quote must be executed as follows:

Signed by [insert name] in the presence of:

Signature of witness

Name of witness (print)

Respondent

If the Respondent is a partnership, the Quote must be executed as follows:

Partner 1:

Signed sealed and delivered by [insert name]:

In the presence of [insert name]:

Signature of witness

Signature of partner

Address of witness

Signed sealed and delivered by [insert name]:

In the presence of [insert name]:

Signature of witness

Signature of partner

Address of witness

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