huxtaburger tender invitation - fire

7/29/2019 Huxtaburger Tender Invitation - Fire

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TENDER INVITATION

Trade Description: Fire Protection

Quote No: 10960Job Name: Huxtaburger PrahranJob Address: 201-209 High Street PrahranDate: 16/07/2013From: Kon Pierros

Project Contract Terms:

Superintendent:- Frank RossiLiquidated Damages amount per week:- TBC

Project Start Date:- TBC

Project Finish Date:- TBCPayment Terms:- 30 Days

Defects Liabilit y Period:- 26 WeeksRetention:- 5%

Site Allowance:- $3.50p/hrNormal Hours or After Hours work:- Normal Hours

Site Access:- Via ground floorProvisional & PC Items:- NoneClosing Date of Tender:- 23/07/2013

We have pleasure in inviti ng your company to submit a quotation for the above project as detailed in theaccompanying documents.

SCOPE OF WORKS

Due to the short notice for this tender each cont ractor has been issued with a full set ofdrawings. Please examine fully and provide a price fo r all i tems associated with this package.

Quotations are to contain complete Cost Breakdown & Itemized Scope of Works when submitti ng.


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INSTRUCTIONS You have included for all work within your sub-contract package as detailed on Drawings and Specification. The subcontractor agrees to carry out all works in accordance with the specification and all drawings for the project in a workman

like manner and to the satisfaction of Leeda Projects. You will provide adequate site supervision, administration and implement necessary procedures required to carry out the works.

The subcontractor must provide sufficient labour, equipment, plant and materials as required maintaining progress with the currentLeeda Projects program as updated from time to time.

It is the subcontractors responsibility to conform to all sites and work safe requirements, providing safety policies, SWMS, safetyplans, for approval prior to starting on site...

Prior to commencement on site the subcontractor must provide a copy of their certificate of currency for Work Cover and PublicLiability insurance.

The subcontractor must allow for all conditions of the contract in their tender submission and highlight any exclusion. Prior to final payment a copy of all compliance certificates, as built drawings, maintenance manuals and other information relevant to

the completion of the project must be provided. All defects due to materials or workmanship not in accordance with this agreement must be rectified by the subcontractor at no cost

to Leeda Projects, immediately upon the subcontractor becoming aware of the defect. If the subcontractor fails to comply, LeedaProjects will rectify and cost will be charged to the subcontractor.

The Subcontractor acknowledges that the site has been fully inspected and all relevant condition have been taken into account. Note: In your submission of a quotation for this project, the subcontractor has inspected and agrees to the terms and conditions

herein stated and to all those contained in documents attached hereto and incorporated herein. This request shall form part of the Subcontract Documents.


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LEEDA PROJECTS TENDERING CONDITIONSDefinitions:In these terms, the following shall mean, unless the context clearly requires otherwise:

(a) "Confidential Information" means(b) Intellectual Property Rights means intellectual property rights of all types

including patents, copyright, designs, Trade Marks and trade secrets(c) "Project Completion date" means the date specified(d) INSURANCES1.1 The following insurance details are to be provided to Leeda Projects by theSubcontractor prior to commencement of works and shall be maintained current andenforceable throughout the Project duration:(a) Certificate of Registration for WorkCover and Payment insurance, or similar

insurance in accordance with the law in the state or territory in which the worksare to be executed together with

(b) Public liability or worker's compensation covers for unlimited common law liabilityarising out of work injury.

(c) Public liability insurance cover of $20,000,000 in the names of the Subcontractor,Leeda Projects and the client for the respective interests and contain a crossliabilities clause in which each of the named parties to the insurance is treated asseparately indemnified under the policy.

1. COMMENCEMENT AND COMPLETION(a) The Subcontractor must commence the works on the Project Start Date or such

other date as Leeda Projects may require. Leeda Projects shall give as muchnotice as possible of variation to the Project Start Date.

(b) The Subcontractor must proceed to diligently complete the works by the ProjectCompletion Date or revised date in the Works Program.

2. EXECUTION OF THE WORKS(a) The Subcontractor must comply with all lawful directions of Leeda Projects in

executing the works.(b) All materials used by the Subcontractor must be new unless otherwise directed

by Leeda.(c) The Subcontractor warrants that the works will be of merchantable quality,

suitable for their purpose and comply with all applicable laws.(d) The Subcontractor must comply with and give all notices to Leeda Projects or the

client required by any law of any government authority or similar body havingjurisdiction affecting the works or the Subcontractors work.

3. SITE CONDITIONS PLANT, EQUIPMENT & ACCESS(a) The Subcontractor acknowledges that it was asked to fully inspect the site

including relevant physical conditions above and below the surface, means ofaccess and other matters relating to the site (together Site Conditions) whichmight affect its works before quoting.

(c) The Subcontractor shall co-ordinate all deliveries of its material and beresponsible for its handling and movement.

6. PERSONNEL(a) The Subcontractor must have a competent supervisor of the Subcontractor's

works acceptable to Leeda Projects.(b) Any instructions issued by Leeda Projects.7. ENVIRONMENT, OCCUPATIONAL HEALTH & SAFETY (OH&S) AND

QUALITY A SSURANCE.(a) The Subcontractor must comply with and must ensure that its employees,

subcontractors and suppliers comply with Leeda Projects OH&S and qualityprocedures as amended from time to time and all relevant Acts, Regulations,Codes of Practice and Australian Standards.

(b) Prior to commencing on site, the Subcontractor must provide Leeda Projectswith the Subcontractor's OH&S and quality assurance plan that is in form andsubstance acceptable to Leeda Projects, including the following areas but notlimited to,

Safe Work Method Statements Safety Policy Checklists and Quality Assurance Procedures Inspection Test plans Copies of any licenses required for plant and equipment

Red/White Cards List of chemicals, adhesives or any potentially hazardous

substances which you intend to use including the Technical DataSheets for all the items you intend to use.

The Subcontractor must comply with those plans when executing works.8. INDUSTRIAL MATTERS & FORCE MAJEURE(a) The Subcontractor is responsible for industrial matters relating to its personnel

but must comply with reasonable instructions from Leeda Projects relating toindustrial matters.

(b) To the extent permitted by law or any applicable written government codes ofpractice, the Subcontractor, its employees, subcontractors and suppliers, at theirown expense must comply with all relevant industrial legislation, awards andindustrial, workplace and enterprise agreements and site agreements.

9. DOCUMENTS AND INTELLECTUAL PROPERTY(a) Copyright in all plans, drawings and documents relating to the works will vest in

and are hereby; to the extent they can be, assigned to Leeda Projects by theSubcontractor.

(b) Leeda Projects retains all intellectual property rights in all documents orinformation provided by it or with its permission to the Subcontractors in relationto the order. The Subcontractor is granted a revocable license to use suchintellectual property rights for the purpose of the works only.

(c) The Subcontractor assigns all intellectual property rights in respect of the worksto Leeda Projects upon creation by the Subcontractor when those rights aredeveloped or arise in the performance of this contract by the Subcontractor.

(d) The Subcontractor shall sign all documents necessary to enable Leeda Projectsto perfect registration in Leeda projects name of any intellectual Property Rightsassigned under this contract to it.

10 CONFIDENTIALITY.(a) The Subcontractor is not allowed to issue any information, publication, document,

advertisement, promotion or article for publication concerning the project in anymedia without prior written approval from Leeda Projects.

(b) The Subcontractor must keep confidential all information in relation to thecontract and works unless the confidential information is disclosed;- With the Leeda Projects prior written consent;- For the purpose of carrying out the Subcontractor's obligations under thecontract or as required by the law.

11. DEFECTS LIABILITY PERIOD(a) The Subcontractor must maintain and protect the works until the Project

Completion date and must make good all defects appearing in the works prior toexpiry of the Defects Liability Period.

(b) The Subcontractor must carry out the making good of any defects as directed byLeeda Projects. If the Subcontractor fails to carry out defects rectification in atimely and workmanlike manner, Leeda Projects may itself or by others, remedythe defect at the cost of the Subcontractor.

12. SHOP DRAWINGS, MANUALS.(a) The Subcontractor must provide shop drawings, warranty documents,(b) manuals and as constructed drawings to Leeda Projects(c) 13. TESTING

(a) In addition to any specific testing required elsewhere in the Subcontract the

Subcontractor must carry out any testing of the works requested by LeedaProjects.

(b) Any Testing specifically required by the Subcontract will be carried out at theSubcontractors expense.

14. TERMINATION(a) Without prejudice to any other right that Leeda Projects may have, it may

terminate this contract by written notice to the Subcontractor, if: Leeda Projects has reasonable grounds to believe the Subcontractor is

insolvent; The Subcontractor fails to proceed with the works with reasonable

diligence or in a competent manner; The Subcontractor fails to comply with a direction of Leeda Projects or; In the reasonable opinion of Leeda Projects the Subcontractor commits

a substantial breach of the contract.15. PAYMENT CLAIMS & INVOICING(c) The value of your intended Payment Claim (not Tax Invoice) must be forwarded

to Leeda Projects office by the 15th Day of the month for inclusion in a monthly

claim to client. Failure to lodge your intended claim amount may result in underclaiming from the client.

(d) Original Tax Invoices must be received in Leeda Projects Office by the 25th Dayof the month previous to the month of payment.

(e) All Payment Claims / Tax Invoices must contain the following: Name of Respondent (Leeda Projects Pty Ltd) Name of Claimant. Claimants ordinary place of business Claimants phone number Claimants fax number Contract Number Payment Claim No. Tax invoice No. Period to which payment claim relates Total amount of this payment claim $s A description of the construction work or related goods And services in respect of which the payment claim is made and the

method of calculation of the total amount of the payment claim. and be signed and dated by the claimant

(f) Payment claims may be in the form of/or must be accompanied by a Tax Invoiceprepared in accordance with A New Tax System (Goods and Services Tax) Act1999.

(g) Recipient Created Tax Invoices. Leeda Projects can at its discretion at the timeof receiving the final contract payment, subcontractors will be required to certifyto the principal contractor that they have fully complied with all of their obligationsunder C+BUS, the Victorian Construction Industry Long Service Leave Board(trading as Co-Invest), the Victorian Accident Compensation Commission, andthe Redundancy Payment Central Fund Ltd (trading as Incolink).

17. SUPERANNUATION, LONG SERVICE LEAVE, WORK COVER ANDREDUNDANCY.

(h) Immediately prior to commencing on site, the subcontractor will be required toproduce a certificate for his / her workers or other documentation from C+BUS,the Victorian Construction Industry Long Service Board (trading as Co-Invest),the Victorian Accident Compensation Commission and the Redundancy PaymentCentral Fund Ltd (trading as Incolink); which will confirm registration, the date ofthe last payment, the period for which that payment applies, and that paymentshave been made for the most recent period.

18. LEEDA'S WORKS INSURANCE


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Leeda Projects must affect Contract Works Insurance in respect of loss or damage tothe Works. The policy will:

(i) Include an excess for which the Subcontract will be liable and

(j) Exclude coverage for tools and equipment.