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Edition: April 2017 Special Conditions of Contract

SPECIAL CONDITIONS OF CONTRACT

CONTENTS

1. General2. Definitions and Interpretation3. Abbreviations4. Referenced Documents5. Schedule of Rates6. Lump Sum7. Contractor’s Warranties8. Security9. Evidence of Contract10. Media Releases11. Subcontracting12. Provisional Sums and Provisional Quantities13. Latent Conditions14. Reliance Upon Documents15. Excepted Risks and Damage to Persons Other Than Works16. Insurance17. Approvals and Notices18. Costs of Testing19. Progress and Programming of Work20. Times for Commencement and Practical Completion21. Alternatives Proposed by the Contractor22. Valuation of Variations23. Rise and Fall24. Goods and Services Tax25. Overheads and Profit26. Certificates and Payments27. Form of Statutory Declaration28. Default or Insolvency29. Notification of Claims30. Arbitration31. Waiver of Conditions32. Collusive Arrangements and Contractor’s Conduct33. Disclosure of Contract34. Builders Licence35. Construction Industry Training Fund36. Delegations37. Contractor’s Safety and Environmental Obligations38. Severance39. Respectful Behaviour40. Workforce Participation and Skills Development41. South Australian Industry Participation Plan42. Building Code43. Australian Government Building and Construction WHS Accreditation Scheme

Annexure to the General Conditions of Contract 1. GENERAL

These Special Conditions of Contract delete, amend or add to the clauses in the General Conditions of Contract. In the event of an inconsistency, these Special Conditions of Contract shall take precedence over the General Conditions of Contract to the extent of that inconsistency.

2. DEFINITIONS AND INTERPRETATION

"Schedule of Prices" means the schedule in respect of the work for which the Principal has accepted a lump sum, showing prices for items of work to be done and materials to be supplied including any provisional sums and provisional quantities, and may also include quantities and rates.

"Schedule of Quantities and Prices" means the schedule in respect of the work for which the Principal has accepted a lump sum, which has been prepared by the Contractor and shows the Contractor's estimated quantities of work or materials, together with corresponding prices.

“Schedule of Rates” includes a Schedule of Rates for Variations and a Schedule of Rates for Dayworks.

DPTI XXCxxx Revision 0

DTEI, 21/12/11,

The Special Conditions of Contract must not be modified unless approved by the Manager, Contracting Services

DTEI, 15/12/15,

Only insert if WHS scheme applies:i.e. Federal funding is:>$5m and >50% of the total construction project value; or>$10m.The scheme only applies to head contractors undertaking “Building Work” as defined in the Act.

DTEI, 12/21/11,

Only insert if National Code of practice applies:i.e. Federal funding is:>$5m and >50% of the total construction project value; or>$10m.If the code applies, all contracts for on-site activities must include this clause, except landscaping.

DPTI, 29/10/15,

Include if value > $1 million (regional) or > $4 million (metropolitan)


"Includes" or “including” shall not be interpreted as a word of limitation.

The word “or” is not exclusive.

A reference to an Australian Standard is a reference to all parts of that standard.

3. ABBREVIATIONS

The following abbreviations may be used in the Contract documents:

AS Australian Standard (includes joint NZ and/or ISO standards)

DPTI Department of Planning, Transport and Infrastructure.

4. REFERENCED DOCUMENTS

Unless stated otherwise, a reference to a document in this Contract shall be a reference to the edition of that document current at the date 14 days prior to the date of submission of tender.

5. SCHEDULE OF RATES

5.1 General

This clause applies where all or part of the work under the Contract is to be paid for by the rates in a Schedule of Rates (which includes a Schedule of Rates for Variations and a Schedule of Rates for Dayworks).

5.2 Schedule of Rates

Where work is to be paid for by rates, the unit of measurement listed in the Schedule of Rates shall apply.

The following limits of accuracy shall apply to the rates:

(a) where indicated in the Schedule of Rates as either a ± percentage of, or a ± number of, the quantity, that percentage or number shall apply;

(b) where not indicated on the Schedule of Rates, the limit of accuracy shall be ± 10% of the quantity stated.

The rates and amounts in the Schedule of Rates are deemed to include the cost of:

(a) all survey, inspection, measuring and testing necessary to comply with the Specification (unless specified otherwise); and

(b) all works, services, fees, charges, minor items and incidentals associated with or necessary for the proper execution of the work under the Contract whether or not such items are specifically referred to in the Contract.

The last paragraph of Clause 3.3 “Adjustment for Actual Quantities – Schedule of Rates” of the General Conditions of Contract is deleted and replaced with the following:

The rates in the Schedule of Rates are deemed to be full and complete payment for all work necessary to fulfil the Contractor’s obligations in regard to that part of Works to which payment by rates applies, notwithstanding that the description of the rate may not fully describe all of the work. Where there is no rate associated with work that the Contractor must undertake to fulfil its obligations, the cost thereof shall be deemed to be included in the rates or prices generally. Where any rate in the Schedule of Rates is unpriced by the Contractor, all costs applicable to that rate shall be deemed to be included elsewhere in the Schedule of Rates and no additional payment will be made.

5.3 Schedule of Rates for Variations

If a Schedule of Rates for Variations has been prepared for this Contract, it may be used to value work which has been ordered in lieu of, or as additional to, the items of work specified. It will be used to value the work where the Superintendent determines that the variation is of a similar nature to that described in the Schedule of Rates for Variations.

5.4 Schedule of Rates for Daywork

Further to Clause 41 “Daywork” of the General Conditions of Contract, if a Schedule of Rates for Daywork has been prepared for this Contract, the rates in the Schedule of Rates for Daywork are deemed to be approved by the Superintendent and shall be used for the purposes of calculating payment for any work ordered to be carried out by Daywork pursuant to this Contract and not specifically detailed as an item in the Schedules or applicable under the Schedule of Rates for Variations. Plant rates are deemed to be inclusive of operators and maintenance. The



requirement for the Contractor to supply supervision of Daywork ordered shall be agreed between the Contractor and the Superintendent prior to the work commencing.

The rates in the Schedule of Rates for Daywork shall include for transport of equipment to the site. Payment for additional transport costs for items of plant which are taken off the site during the Contract will only be considered where the accepted program clearly indicates the period of time that the Contractor intended that item of plant to be on the site. The Contractor shall submit rates for approval and inclusion in the Schedule of Rates for Daywork if additional items of plant are brought on to the site during the course of the Contract.

6. LUMP SUM

6.1 General

This clause applies to that part of the work under the Contract (if any) which is to be paid for by lump sum.

Work under the Contract which is not included in a Schedule of Rates will be paid for by lump sum.

The lump sum is deemed to be full payment for all necessary work, services, fees, charges, incidentals, inspection and testing in respect of the work under the Contract to be paid for by lump sum, regardless of whether or not such work, services, fees, charges, incidentals, inspection and testing are specifically referred to in the Contract.

6.2 Schedule of Prices or Schedule of Quantities and Prices

If a Schedule of Prices and / or Schedule of Quantities and Prices has been prepared for this Contract, the amounts in these schedules are deemed to be full payment for all necessary work, services, fees, charges, incidentals, inspection and testing in respect of each item in the schedule(s) .

The total of all items included in the Schedule of Prices or Schedule of Quantities and Prices shall, on addition, equal the Contract Sum for the work under the Contract to be paid for by lump sum (excluding GST).

The amounts included in the Schedule of Prices and the Schedule of Quantities and Prices:

(a) are to be used for the purpose of valuing variations if and in so far as the Superintendent determines that those amounts are applicable to a variation; and

(b) may be used at the discretion of the Superintendent as a guide in valuing the work for payment certificates.

Any errors discovered in the Schedule of Prices or Schedule of Quantities and Prices shall be brought to the attention of the other party as soon as practicable after discovery. The error shall be corrected in a manner agreed to between the Contractor and the Superintendent or, in the event of failure to agree, in the manner determined by the Superintendent so that in any event the total of all items in the Schedule of Prices or Schedule of Quantities and Prices continues to equal the Contract Sum for the work under the Contract to be paid for by lump sum.

7. CONTRACTOR’S WARRANTIES

The Contractor acknowledges that the Principal is relying on the Contractor’s advice, skill and judgement in the execution and completion of the work under the Contract. The Contractor warrants to the Principal that:

(a) to the extent practicable prior to submission of tender, the Contractor has investigated the Site and its surroundings and has informed itself of the nature of the work and materials and construction plant necessary for the execution of the Works, the facilities at the Site, the means of access and egress from the Site and transport facilities for deliveries and execution of works at the Site and the constraints thereon applying;

(b) has relied solely upon its own assessment, skill, expertise and enquiries in respect of all information relevant to the risks, contingencies and other circumstances having an effect on determining the Contract Sum.

8. SECURITY

If security is in the form of an unconditional undertaking, the undertaking shall not include an expiry date.

Clause 5.4 "Time for Lodgement of Security” of the General Conditions of Contract is deleted and replaced with the following:

Security shall be lodged within 14 days of the Date of Acceptance of Tender. Where a Contractor has failed to lodge the necessary Security in accordance with the requirements of this Contract, the Principal may deduct an amount equivalent to the required Security from any payment due to the Contractor and hold this amount as retention.



9. EVIDENCE OF CONTRACT

9.1 Formal Instrument of Agreement

The first paragraph of Clause 6.2 "Formal instrument of Agreement" of the General Conditions of Contract is deleted and replaced with the following:

If stated in the letter of acceptance, the Principal will prepare a Formal Instrument of Agreement and the Contractor shall execute all copies in the manner described in the letter.

Notwithstanding any other provision of the Contract, and without prejudice to any other right or remedy which the Principal may have, if the Contractor has failed to execute a correctly prepared Formal Instrument of Agreement in accordance with the requirements of this Contract, the Principal may withhold payment until the Contractor properly executes both copies of the Formal Instrument of Agreement.

9.2 Entire Agreement

This Contract constitutes the entire agreement of the parties in respect of the matters dealt with in this Contract and supersedes all prior agreements, understandings, representations or negotiations in respect of the matters dealt with in this Contract. Any modification of this Contract must be in writing and signed by each Party.

9.3 Contract Documents

The documents which comprise the Contract shall be read as a whole. Anything included, defined, or reasonably inferred from one or more documents shall read as included in all other documents, unless the context requires otherwise.

9.4 Joint and Several Liability

The obligations of the Contractor, if more than one person, under this Contract, are joint and several and each person constituting the Contractor acknowledges and agrees that it will be causally responsible for the acts and omissions (including breaches of this Contract) of the other as if those acts or omissions were its own.

10. MEDIA RELEASES

Notwithstanding Clause 8.7 “Media Releases of the General Conditions of Contract”, at its absolute discretion, the Principal may withhold its approval for the Contractor to issue any information, publication, document or article for publication concerning the project to the media.

11. SUBCONTRACTING

Clause 9.2 “Subcontracting” of the General Conditions of Contract is deleted and replaced with the following:

For the purposes of this Clause only:

"Subcontract" means a contract between the Contractor and a third party whereby the third party (in this Clause called "subcontractor") agrees to perform work on the Site, or supply plant, materials or services comprising part of the work under the Contract; and

"Secondary subcontract" shall have the meaning ascribed to that term in AS 2545: 1993 Subcontract Conditions.

The Contractor shall not without the written approval of the Superintendent, which approval shall not be unreasonably withheld, subcontract or allow a subcontractor to assign or enter into a secondary subcontract for any of the work under the Contract.

With a request for approval, the Contractor shall provide to the Superintendent:

(a) particulars in writing of the work to be subcontracted and the name and the address of the proposed subcontractor;

(b) where the proposed subcontract sum for the particular work is greater than $1,100,000, an unpriced copy of the subcontract document, which shall incorporate either:

AS 2545 Subcontract Conditions and contain no amendments to those subcontract conditions other than those necessary to reflect the head contract Conditions of Contract; or

other Subcontract Conditions approved by the Superintendent;

(c) where the proposed subcontract sum for the particular work is less than or equal to $1,100,000, written confirmation that the terms and conditions of the proposed subcontract are consistent with those in the head contract Conditions of Contract;



(d) a written warranty, the breach of which shall be deemed to be a substantial breach of contract for the purposes of Clause 44.2 of the General Conditions of Contract, that the subcontract will be entered into in accordance with the requirements of this Clause; and

(e) any other information which the Superintendent reasonably requests, including the proposed subcontract documents without prices.

Within 14 days after a request by the Contractor for approval, the Superintendent shall advise the Contractor of approval or the reasons why approval is not given.

Approval may be conditional upon the subcontract including:

(a) provision that the subcontractor shall not assign or enter into a secondary subcontract for any of the work under the Contract without the consent in writing of the Contractor; and

(b) provisions which may be reasonably necessary to enable the Contractor to fulfil the Contractor's obligations to the Principal.

12. PROVISIONAL SUMS AND PROVISIONAL QUANTITIES

Clause 11 “Provisional Sums” of the General Conditions of Contract is deleted and replaced with the following:

“Provisional sum” includes principal controlled allowances, prime cost items and contingency sums.

“Provisional quantity” includes provisional items.

Work identified as a provisional quantity or as a provisional sum in an applicable payment schedule shall only be carried out at the direction of the Superintendent. The valuation of any provisional work carried out shall be determined in accordance with Clause 40.5. Where the provisional work is carried out by a subcontractor and there is no applicable rate in the payment schedules, the Contractor shall be entitled to payment for profit and attendance calculated by reference to the percentage or methodology stated in the Annexure.

In the event of any provisional sum being greater or less than the amount directed by the Superintendent to be expended against the provisional sum, the amount unexpended or the amount of the difference shall be taken into account in determining the final amount payable under the Contract.

In the event of any provisional quantity being greater than or lesser than the provisional quantity actually carried out, the value of the difference between the provisional quantity and the actual quantity shall be taken into account in determining the final amount payable under the Contract.

The limit of accuracy for provisional quantities and provisional sums is ± 100% of the quantity or sum stated.

The Contractor is not entitled to overheads and profit related to provisional sums and provisional quantities that are not expended.

13. LATENT CONDITIONS

Insert a new definition – “Latent Conditions” means physical conditions on the Site or its surroundings in respect of which the Superintendent has determined that Clauses 12.1 applies.

Clause 12.1 to 12.4 of the General Conditions of Contract is deleted and replaced with the following:

12.1 Notification

If during the execution of the work under the Contract, the Contractor encounters on the Site or its surroundings physical conditions (other than climatic conditions or conditions arising from climatic conditions) including artificial obstructions, which the Contractor considers:

(a) differ materially from the conditions which would have been ascertainable by the Contractor if the Contractor had:

(i) examined all information made available in writing by the Principal to the Contractor for the purpose of tendering; and

(ii) examined all information relevant to the risks, contingencies and other circumstances having an effect on the tender and obtainable by the making of reasonable enquiries; and

(iii) inspected the Site and its surroundings; and



(b) could not reasonably have been anticipated at the date of the Contractor’s tender by a person experienced and competent in carrying out work of the type with which the Contract is concerned,

the Contractor must, as soon as practicable and no longer than 7 days after encountering the conditions and where possible before the physical conditions are disturbed, give written notice of the conditions to the Superintendent.

12.2 Provision of Details

Where the Contractor provides written notice to the Superintendent pursuant to Clause 12.1, the Contractor must specify in the written notice:

(a) the physical conditions encountered, in what respects they differ materially and why they could not reasonably have been anticipated;

(b) the additional work and additional resources which the Contractor considers necessary to deal with the physical conditions;

(c) the time the Contractor anticipates will be required to deal with the physical conditions and the expected delay in the completion of the Works; and

(d) the Contractor’s estimate of the cost of the measures necessary to deal with the physical conditions.

In the event the Superintendent reasonably requires other details, those details shall be provided by the Contractor to the Superintendent.

12.3 Superintendent’s Direction

After receipt from the Contractor of a notice under Clause 12.1 the Superintendent must determine whether it is satisfied that the physical conditions are physical conditions to which Clauses 12.1 applies. If the Superintendent determines that the physical conditions are physical conditions to which Clauses 12.1 applies and:

(a) the Superintendent considers that a variation to the work under the Contract is necessary, the Superintendent must, upon making the determination, order a variation under Clause 40 of the General Conditions of Contract;

(b) the Superintendent does not consider that that a variation to the work is necessary but is satisfied that the physical conditions have or will cause the Contractor to unavoidably incur more cost than the Contractor could reasonably have anticipated at the time of tendering, the Superintendent must determine that a valuation must be made under clause 40.5.

12.4 Time Bar

In making a valuation for the purposes of a variation ordered by the Superintendent under Clause 12.3 or a determination under clause 12.3(b), regard shall not be had to the value of additional work carried out, additional Constructional Plant used or extra cost incurred more than 28 days before the date on which the Contractor gives the written notice required by Clause 12.1."

14. RELIANCE UPON DOCUMENTS

14.1 General

Where a document (or part thereof) is designated as an “information document” or “for information only”, the Principal does not warrant, guarantee, assume any duty of care or other responsibility for or make any representation about the accuracy, adequacy, suitability or completeness of such documents and the Contractor acknowledges that it has taken this into account.

14.2 Opinions / Interpretations and Factual Information

This sub-clause applies to reports of investigations or similar documents which are included in the appendices in this Contract or otherwise referenced in this Contract.

The Principal may have carried out investigations for the primary purposes of project planning, estimating, feasibility studies and obtaining statutory approvals. Any such investigations have not been undertaken for the primary purpose of determining methods of construction and the Contractor is deemed to have taken this intent into consideration.

The Contractor cannot rely on any interpretations / opinions included in reports of investigations or similar documents. The use of any such interpretations / opinions is entirely at the risk of the Contractor and the Principal accepts no liability for interpretations / opinions contained within a report or the completeness of a report.



Subject to Clause 14.1, the Contractor may rely upon any information contained in the reports which is identified as factual information.

14.3 Geotechnical Investigation

Where geotechnical investigations have been provided by the Principal, the investigations are deemed to have been carried out by competent personnel. Factual information (including bore logs and laboratory test results) from the investigation is considered to be a true record of the investigations and tests conducted.The Contractor is deemed to have taken into account that:

(a) sub-surface conditions may vary between test locations or at depths below which testing has been carried out; and

(b) variation in groundwater levels and moisture condition will occur with seasonal changes or as a result of other factors.

If the Contractor undertakes any geotechnical investigation, the Contractor shall provide all details of the investigation to the Superintendent within one week of the Date of Acceptance of Tender, if the details have not been provided beforehand.

15. EXCEPTED RISKS AND DAMAGE TO PERSONS AND PROPERTY OTHER THAN WORKS

The following is added to Clause 16.3 “Excepted Risks” of the General Conditions of Contract:

(g) act of terrorism.

Subclause (iv) of Clause 17.1 “Indemnity by Contractor” of the General Conditions of Contract is replaced with:

(iv) damage which is the unavoidable result of the construction of the Works in accordance with a construction method specified by the Principal;

16. INSURANCE

16.1 Insurance Provided by the Contractor

Where the Contractor has the obligation to effect and maintain insurance, the Contractor shall produce such evidence to the Principal at the time of signing the Formal Instrument of Agreement.

16.2 Principal Arranged Insurance

Where the Principal has the obligation to effect and maintain insurance, the Contractor shall bear or pay any excess or deductible which is applicable to any claim made under any of the policies of insurance effected under Clauses 18 or 19 of the General Conditions of Contract, except where the claim is with respect to loss or damage which is the direct consequence, without fault or omission on the part of the Contractor, of an Excepted Risk defined in Clause 16.3 of the General Conditions of Contract.

If the Contractor considers that any insurance provided by the Principal does not adequately cover the Contractor’s liabilities, it is the responsibility of the Contractor to take out and pay for any additional insurance that the Contractor considers necessary.

17. APPROVALS AND NOTICES

Unless stated otherwise, where the Contractor is required to seek approval or an acceptance, the Superintendent is responsible for the decision whether to grant the approval or acceptance. Notwithstanding any approval or acceptance granted by the Superintendent:

(a) the Contractor is not relieved of its responsibilities and obligations under the Contract;

(b) the Superintendent does not owe any duty to the Contractor to review the Contractor’s work or documentation for errors or omissions; and

(c) the Principal or Superintendent shall have no liability whatsoever to the Contractor by reason of any errors, deficiencies, defects or omissions in any work or documentation which has been provided by the Contractor.

A request for approval or acceptance shall constitute a HOLD POINT.

Unless stated otherwise, where this Contract requires the Contractor to provide notice, samples, advice, plans, documentation, records, test results or other information, this shall be provided to the Superintendent.

A joint inspection means an inspection with the Contractor and Superintendent present.



18. COSTS OF TESTING

Clause 31.7 “Costs of Testing” of the General Conditions of Contract is deleted and replaced with the following:

If testing is carried out to fulfil a requirement of the Specification for the purpose of verifying conformance with the Contract, the costs of and incidental to that testing shall be borne by the Contractor.

If further testing is carried out as result of a direction by the Superintendent, costs of and incidental to testing shall be borne by the Principal or shall be valued under Clause 40.5 and paid by the Principal to the Contractor unless:

(a) the test shows that the material or work is not in accordance with the Contract;

(b) the test is in respect of work under the Contract covered up or made inaccessible without the Superintendent’s prior approval where such was required; or

(c) the test is consequent upon a failure of the Contractor to comply with a requirement of the Contract.

19. PROGRESS AND PROGRAMMING OF THE WORK

19.1 Contractor’s Program

Further to Clause 33.2 “Construction Program” of the General Conditions of Contract, the Contractor acknowledges that:

(a) the provision of a construction program to the Superintendent is solely for the purpose of monitoring the performance of the Contractor and the progress of the Contract;

(b) the Superintendent owes no duty to the Contractor to review the construction program for accuracy or compliance with the requirements of this Contract;

(c) the Superintendent’s receipt, review, comment, request for change, endorsement, approval, acceptance or deemed acceptance in relation to the construction program:

does not affect the time for carrying out any obligation of the Principal or Superintendent under this Contract or impose additional obligations on the Principal or Superintendent;

shall not be interpreted as a direction of the Superintendent unless it is specifically identified, in writing, as a direction; and

shall not constitute the granting of an extension of time;

(d) the display of a critical path on a construction program shall not, by itself, necessarily constitute evidence of the critical path; and

(e) the Superintendent may use the construction program to assist with a determination regarding an extension of time or a variation, but is under no obligation to do so.

In the event that the actual time or resources vary from those stated in the construction program, this shall not:

(a) constitute any amendment to the Contract Sum; or

(b) give any grounds for the Contractor to claim any amendment of the Contract Sum,

unless provided for elsewhere under the Contract.

The form of the construction program and the timing of the provision of the construction program shall be in accordance with the requirements of the Specification.

The Contractor shall revise the construction program whenever there is any material change to the scope of work, sequence of activities, resources allocated, methodology employed, milestone dates or completion dates that occur during the execution of the work under the Contract. The revised construction program shall be furnished to the Superintendent.

The construction program shall not include programming activities or methodologies which have the effect of creating false criticality or inhibiting an efficient response to changed circumstances.

19.2 Working Hours

The working hours and working days referred to in Clause 32 “Working Hours” of the General Conditions of Contract are those nominated in Schedule 20 “Working Time”. The Superintendent’s approval of a change to the working hours or working days specified in the Contract may be conditional. These conditions may include precluding the execution of work requiring surveillance by the Superintendent or an obligation for the Contractor to meet the



additional costs incurred by the Superintendent as a consequence of the changed working hours or working days. The Contractor acknowledges that other restrictions to the working hours or working days may apply (either under this Contract or by law) and the Contractor is deemed to have allowed for any such restrictions.

20. TIMES FOR COMMENCEMENT AND PRACTICAL COMPLETION

20.1 Extension of Time for Practical Completion

The Contractor shall not be entitled to an extension of time for Practical Completion in respect of a delay referenced in Clause 35.5 “Extension of Time for Practical Completion” of the General Conditions of Contract, unless within 28 days after the time when a competent and experienced contractor should have reasonably become aware of the cause of the delay, the Contractor has notified the Superintendent of the possible delay or has given the Superintendent the written claim for an extension of time for Practical Completion.

Notwithstanding Clause 35.5 “Extension of Time for Practical Completion” of the General Conditions of Contract, in the event of concurrent delays caused by more than one event, the resulting delay to the work under the Contract shall be apportioned by the Superintendent according to the contribution of each respective cause.

The Superintendent may extend the time for Practical Completion for any reason without a claim for an extension of time from the Contractor.

The Contractor is not entitled to an extension of time for inclement weather where the delay is less than 4 hours.

20.2 Limit on Liquidated Damages

Clause 35.7 “Limit on Liquidated Damages” of the General Conditions of Contract is deleted from this Contract.

20.3 Bonus for Early Completion

Clause 35.8 “Bonus for Early Practical Completion” of the General Conditions of Contract is deleted from this Contract.

21. ALTERNATIVES PROPOSED BY THE CONTRACTOR

The Contractor may propose an alternative to a requirement specified in the drawings or Specification by giving written notice to the Superintendent. The Contractor shall provide the following information associated with the proposal:

(a) the reason for the proposal;

(b) the effect of the proposal on the work under the Contract;

(c) the effect of the proposal on the Program;

(d) the cost effect to the Principal of the proposal;

(e) a written statement stating that the proposed change will not adversely affect the functional integrity, performance standards or quality standards of the Works; and

(f) any other information that the Superintendent requests.

The Superintendent may approve or reject any proposal and will be under no obligation to approve any such proposal for the convenience of, or to assist, the Contractor. The approval or rejection is at the absolute discretion of the Superintendent.

The Contractor shall bear all costs:

(a) associated with proposing a change;

(b) reasonably incurred by the Principal in assessing the proposal (such costs to be a debt due from the Contractor to the Principal); and

(c) associated with carrying out the proposal if it is approved by the Superintendent.

Unless otherwise agreed, the Contractor shall not be entitled to make any claim against the Principal arising out of or in connection with the change.

22. VALUATION OF VARIATIONS

Where the Contract prescribes specific rates or prices to be applied in determining the valuation of a variation, those rates and prices shall be used if and in so far as the Superintendent reasonably determines that those rates are applicable to the variation.



23. RISE AND FALL

This Contract is not subject to adjustment for rise and fall of costs.

23. RISE AND FALL

23.1 General

The Principal will pay or deduct an amount for rise and fall on the bituminous binder, polymer modified binder and cutter used in this Contract. Adjustment of payment for rise and fall will not be paid for any other part of the work or supply of materials under this Contract.

This amount will be determined by the following formula:

Amount = EVbit x Abit+ EVPMB x APMB + EVcut x Acut

where:

EVbit = Effective Value for C170/C320 Bituminous Binder

Abit = Cost Adjustment Factor for C170/C320 Bituminous Binder

EVPMB = Effective Value for Polymer Modified Binder

APMB = Cost Adjustment Factor for Polymer Modified Binder

EVcut = Effective Value for Bituminous Cutter

Acut = Cost Adjustment Factor for Bituminous Cutter

Where the Cost Adjustment Factor is positive, the amount calculated for rise and fall shall be added to the value of the payment to be made in respect of the progress certificate or the final certificate.

Where the Cost Adjustment Factor is negative, the amount calculated for rise and fall shall be subtracted from the value of the payment to be made in respect of the progress certificate or the final certificate.

23.2 Calculation of The Effective Value

The Effective Value is the value of C170/C320 bituminous binder, Polymer Modified Bitumen and Cutter (as applicable) incorporated into the work included in the progress certificate or the final certificate, less the Effective Value in respect of previous progress payments, disregarding any increase or decrease under this Clause.

23.3 Calculation of the Cost Adjustment Factors

The Cost Adjustment Factor will be determined by the following formulae:

Abit =(Bn - BoBo )

APMB =(PMBn - PMBoPMBo )

Acut =(Cn - CoCo )

where:

Bn = Current Bitumen Index Number, which shall be the Published List Selling Price for C170/C320 bitumen from the bitumen supplier for the work, applicable at the date that the work subject of the certificate was carried out.

Bo = Base Bitumen Index Number, which shall be the Published List Selling Price for C170/C320 bitumen from the bitumen supplier for the work, applicable at the date of close of tenders.

PMBn = Current Polymer Modified Bitumen Index Number, which shall be the Published List Selling Prices for polymer modified bitumen from the bitumen supplier for the work under the Contract, applicable at the date that the work subject of the certificate was carried out.


DTEI, 21/12/11,

Alternative 2 – generally used for bituminous contracts

DTEI, 13/06/12,

Alternative 1 - generally used for minor contracts of less than 12 months duration and which include insignificant quantities of bituminous products, (e.g. drainage only contract).


PMBo = Base Polymer Modified Bitumen Index Number, which shall be the Published List Selling Prices for polymer modified bitumen from the bitumen supplier for the work under the Contract, applicable at the date of close of tenders.

Cn = Current Cutter Index Number, which shall be the Published List Selling Prices for the cutter from the supplier for the work under the Contract, applicable at the date that the work subject of the certificate was carried out.

Co = Base Cutter Index Number, which shall be the Published List Selling Prices for the cutter from the supplier for the work under the Contract, applicable at the date of close of tenders.

Where the Contractor sources bituminous products from more than one supplier, the appropriate Index Number from each supplier shall be used to calculate Rise and Fall for that proportion of the bituminous product supplied by that supplier.

The base index numbers shall be as listed in Schedule 7 “Published List Selling Prices of Bituminous Products”.

23.4 Cost Adjustment on Work Completed After the Date for Practical Completion

Where a payment is made to the Contractor in respect of any work under the Contract executed subsequent to the Date for Practical Completion then an amount for rise and fall for any such work will be calculated using Bn, PMBn and Cn applicable at the Date for Practical Completion.

23 RISE AND FALL

23.1 General

The Principal will pay or deduct an amount for rise and fall on the Contractor’s construction works. This amount will be determined by the following formula:

Amount = EVbit x Abit + EVnonbit x Anonbit

where:

EVbit = Effective Value for Bituminous Works

EVnonbit = Effective Value for Non-Bituminous Works

Abit = Cost Adjustment Factor for Bituminous Works

Anonbit = Cost Adjustment Factor for Non-Bituminous Works.

Where the Cost Adjustment Factor is positive, the amount calculated for rise and fall shall be added to the value of the payment to be made in respect of the progress certificate or the final certificate.

Where the Cost Adjustment Factor is negative, the amount calculated for rise and fall shall be subtracted from the value of the payment to be made in respect of the progress certificate or the final certificate.

23.2 Calculation of The Effective Value

The Effective Value appropriate to the type of work under consideration is the value of work included in the progress certificate or the final certificate less all of the following:

(a) the Effective Value in respect of previous progress payments, disregarding any increase or decrease under this Clause;

(b) the value of any work included on the basis of actual cost or current prices;

(c) the value of any work which any clause of this Contract provides is not subject to adjustment for rise and fall in costs;

(d) the value of any work which is subject to adjustment for rise and fall in costs on a different basis from that provided for by this Clause.

23.3 Calculation of the Cost Adjustment Factors

For Bituminous Works, the Cost Adjustment Factor will be determined by the following formula:

Abit = C L ( Ln - LoLo ) +CP(Pn - Po

Po )+ C M ( Mn - MoMo )+CB( Bn - Bo

Bo )DPTI XXCxxx Revision 0

DTEI, 21/12/11,

Alternative 3 –used for roadworks construction and similar major contracts


For Non-Bituminous Works, the Cost Adjustment Factor will be determined by the following formula:

Anonbit = C L ( Ln - LoLo ) +CP( Pn - Po

Po )+ CM ( Mn - MoMo )+CF( Fn - Fo

Fo )where:

A = Cost Adjustment Factor appropriate to the type of work.

CL, CF, CM, CP, CB = the Content Factors listed in Schedule 8 "Rise and Fall Content Factors".

Ln = Current Labour Index Number, which shall be the Index Number for the TOTAL HOURLY RATES OF PAY EXCLUDING BONUSES, Private Sector for South Australia, applicable to the quarter immediately preceding the quarter in which falls the last day of the period in which the work the subject of the certificate was carried out. This index shall be obtained from Australian Bureau of Statistics Catalogue No. 6345.0, table 3.

Lo = Base Labour Index Number, which shall be the Index Number for the TOTAL HOURLY RATES OF PAY EXCLUDING BONUSES, Private Sector for South Australia, applicable to the quarter immediately preceding the quarter during which tenders closed. This index shall be obtained from Australian Bureau of Statistics Catalogue No. 6345.0, table 3.

Fn = Current Petroleum Index Number, which shall be the Fueltrac IPIP Commercial (off road) diesel Price Index for Adelaide (issued by Fueltrac Pty Ltd, Suite 336/58, High St, Toowong, Queensland, 4066), applicable to the month immediately preceding the month in which falls the last day of the period in which the work the subject of the certificate was carried out. The Principal will provide the index value to the Contractor.

Fo = Base Petroleum Index Number, which shall be the Fueltrac IPIP Commercial (off road) diesel Price Index for Adelaide (issued by Fueltrac Pty Ltd, Suite 336/58, High St, Toowong, Queensland, 4066), applicable to the month immediately preceding the month during which tenders closed. The Principal will provide the index value to the Contractor.

Mn = Current Materials Index Number, which shall be the Price Index of CONSTRUCTION MATERIAL MINING (Series ID A2309126F), applicable to the quarter immediately preceding the quarter in which falls the last day of the period in which the work the subject of the certificate was carried out. This index shall be obtained from Australian Bureau of Statistics Catalogue No. 6427.0, Materials used in Manufacturing Industries, Table 13 (time series spreadsheet).

Mo = Base Materials Index Number, which shall be the Price Index of CONSTRUCTION MATERIAL MINING (Series ID A2309126F), applicable to the quarter immediately preceding the quarter during which tenders closed. This index shall be obtained from Australian Bureau of Statistics Catalogue No. 6427.0, Materials used in Manufacturing Industries, Table 13 (time series spreadsheet).

Pn = Current Plant Index Number, which shall be the Price Index for RENTAL AND HIRING SERVICES (EXCEPT REAL ESTATE) (Series ID A2141172R), applicable to the quarter immediately preceding the quarter in which falls the last day of the period in which the work the subject of the certificate was carried out. This index shall be obtained from Australian Bureau of Statistics Catalogue No. 6427.0, table 23. (time series spreadsheet).

Po = Base Plant Index Number, which shall be the Price Index for RENTAL AND HIRING SERVICES (EXCEPT REAL ESTATE) (Series ID A2141172R), applicable to the quarter immediately preceding the quarter during which tenders closed. This index shall be obtained from Australian Bureau of Statistics Catalogue No. 6427.0, table 23. (time series spreadsheet).

Bn = Current Bitumen Index Number, which shall be the Published List Selling Price for C170 bitumen from the bitumen supplier for this Contract, applicable at the date that the work subject of the certificate was carried out.

Bo = Base Bitumen Index Number, which shall be the Published List Selling Price for C170 bitumen from the bitumen supplier for this Contract, applicable at the date of close of tenders.

If an index ceases to be published or there is an alteration to the basis upon which an index is calculated, the Superintendent will determine a substitute index or calculation which reflects the composition of the original index to the maximum extent reasonably practicable.

23.4 Cost Adjustment on Additional Works

Where the Contractor, at the request of the Superintendent, submits a price or prices for any works which are:


DTEI, 21/12/11,

Content Factors may be either nominated by Tenderer or specified by DPTI


(a) in the opinion of the Superintendent, not of the same class of works provided for in the payment schedules; or

(b) where there are no scheduled rates for such works;

and the Superintendent subsequently orders such works to be executed by the Contractor as extra works at such price or prices, then an amount for rise and fall for any such work carried out on or before the Date for Practical Completion shall be calculated with the following adjustments:

the words "the quarter in which the Contractor submitted the price or prices", will be substituted for the words: "the quarter during which tenders closed", in the definition of the terms Lo, Mo, Po and Bo.

the words "the month in which the Contractor submitted the price or prices", will be substituted for the words: "the month during which tenders closed", in the definition of the term Fo.

24. GOODS AND SERVICES TAX

Rates and/or prices included in payment schedules shall be exclusive of GST. Payment from the Principal to the Contractor will include the GST payable. The Contractor must raise Tax Invoices for payment in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).

24. GOODS AND SERVICES TAX

24.1 General

Rates and/or prices included in payment schedules shall be exclusive of GST. Payment from the Principal to the Contractor will include the GST payable.

24.2 Recipient Created Tax Invoice

For the purposes of this Clause only:

"Recipient" means the Principal."Supplier" means the Contractor."Supplies" means the Works.

(a) The Recipient may issue tax invoices in respect of the specified Supplies;

(b) The Supplier will not issue tax invoices in respect of the Supplies;

(c) The Supplier acknowledges that it is registered for GST when it enters into the agreement and that it will notify the Recipient if it ceases to be registered;

(d) The Recipient acknowledges that it is registered for GST when it enters into this agreement and that it will notify the Supplier if it ceases to be registered for GST or if it ceases to satisfy any of the requirements of the determination at Schedule 1 of Goods & Service Tax Ruling GSTR 2000/10 – Recipient Created Tax Invoices.

The Recipient shall be responsible for issuing Recipient Created Tax Invoices, and Adjustment Notes in respect of adjustment events known to the Recipient. The Supplier shall notify the Recipient of details of any adjustment event not otherwise known to the Recipient. Recipient Created Tax Invoices will accompany payment certificates.

25 OVERHEADS AND PROFIT

Rates and amounts in all schedules shall be deemed to allow for all overheads and profit.

25. OVERHEADS AND PROFIT

25.1 General

For the purpose of this Clause only, “Adjusted Direct Cost” means the Contract Sum less onsite overheads, offsite overheads, profit and any provisional sums and provisional quantities.

Items have been included in the Schedule of Rates or Schedule of Prices for onsite overheads, offsite overheads and profit. All other rates and amounts in the Schedule of Rates or Schedule of Prices shall be deemed not to allow for all profit and overheads, unless otherwise noted.

Onsite overheads are defined as those recurrent costs, which by the normally accepted standards of accounting, are incurred by the Contractor on site but cannot be directly attributed to a specific item of work. This includes, but is not limited to, items such as rent and maintenance of site office accommodation, general site office administration, security,


DTEI, 21/12/11,

Alternative 2 – for major roadworks or bridgeworks construction contracts where the scope of the project is well defined.Must include Schedule 3 “Overheads and Profit” in tender schedules

DTEI, 21/12/11,

Alternative 1 – for smaller contracts or where substantial quantity variances are expected, e.g. shoulder sealing, asphalt, major pavement rehabilitations, reseals etc.

DTEI, 21/12/11,

Alternative 2 – for major roadworks or bridgeworks construction contracts

DTEI, 21/12/11,

Alternative 1 – for smaller contracts or asphalt, reseals etc.


power, water rates and telephone expenses as defined with more particularity in Schedule 4 “Schedule of Overheads and Profit”.

Offsite overheads are defined as those costs, which by the normally accepted standards of accounting, are incurred by the Contractor offsite but cannot be directly attributed a specific item of work. This includes, but is not limited to, items such as rent and maintenance of head office accommodation, general head office administration and director’s salaries as defined with more particularity in Schedule 4.

The percentages for overheads and profit in Schedule 4 shall equate to the respective amounts in the Schedule of Rates or Schedule of Prices divided by the Adjusted Direct Cost.

The Value per Day for overheads shall be determined by the following formulae:

Don=( Pon×ADC100×CP )

Doff =( Poff ×ADC100×CP )

where:

D on = Value per day for onsite overhead;

D off = Value per day for offsite overhead;

Pon = Percentage for onsite overheads stated in Schedule 4;

P off = Percentage for offsite overheads stated in Schedule 4;

ADC = Adjusted Direct Cost;

CP = Period stated in Schedule 4 (in days).

No payment will be made for overheads and profit related to provisional sums and provisional quantities that are not expended.

25.2 Payment of Overheads for Delay

The Principal will pay the Contractor an additional amount for onsite overheads and offsite overheads when an extension of time is granted as a direct result of:

(a) a breach of a provision of the Contract or out of any other act or omission on the part of the Principal or the Superintendent or employee, consultant, other contractor or agent of the Principal; or

(b) a variation directed by the Superintendent.

The amount for each day of delay will be the summation of D on and D off as calculated in accordance with Clause 25.1.

Onsite overheads and offsite overheads will not be paid for any extension of time granted as a result of weather.

25.3 Payment for Variations

25.3.1 General

Except as provided for under Clause 40.3 “Pricing the Variation” of the General Conditions of Contract, payment for overheads and profit on variations will be made in accordance with this Clause.

25.3.2 Variations Not Resulting in an Extension of Time

An amount for profit, onsite overheads and offsite overheads will be paid on all variations, calculated in accordance with the following formula:

A =( (Pp+Poff )×V S

100 )+( (P p+Pon+Poff )×V V

100 )where:

A = Amount payable for profit, onsite overheads and offsite overheads;



P p = Percentage for profit stated in Schedule 4;

Pon = Percentage for onsite overheads stated in Schedule 4;

P off = Percentage for offsite overheads stated in Schedule 4;

VS = Valuation of that part of the variation performed by subcontractor, supplier or consultant, excluding the Contractor’s overheads and profit;

VV = Valuation of that part of the variation which is not included in VS, excluding the Contractor’s overheads and profit.

In determining the value of VS and VV, the Superintendent shall not include an expense incurred by the Contractor for which the Principal has already made payment in the onsite and / or offsite overheads.

25.3.3 Variations Resulting in an Extension of Time

If a variation results in an extension of time, payment for profit and overheads shall be made in accordance with Clause 25.3.2 above, except that the amount paid for overheads shall be reduced to the extent of any payment made for off site overheads and onsite overheads in accordance with Clause 25.2.

26. CERTIFICATES AND PAYMENTS

26.1 Building and Construction Industry Security of Payment Act

For the purpose of this sub-clause 26.1 only, “Act” means the Building and Construction Industry Security of Payment Act 2009 (SA).

Pursuant to Clause 34 (1) (e) of the Act, the Contractor agrees and acknowledges that:

(a) the Principal has nominated the Superintendent to receive payment claims and issue payment schedules under the Act;

(b) the Contractor’s payment claims made pursuant to Section 13 “Payment claims” of the Act must be served on the Superintendent;

(c) the provision of a payment schedule by the Superintendent fulfils the respondent’s obligations under Section 14 “Payment schedules” of the Act;

(d) the Principal’s ordinary place of business is deemed to be the Superintendent’s ordinary place of business or such other address notified by the Superintendent; and

(e) the Principal will be relying on the Contractor’s compliance with this sub-clause 26.1 to enable the Principal to comply with its obligations under the Act.

Nothing in this sub-clause 26.1 derogates from the Superintendent’s obligation to act independently and in accordance with Clause 23 of the General Conditions of Contract.

The Contractor’s payment claim shall be substantially in the format specified in the DPTI Payment Claim Worksheet, available from: http://www.dpti.sa.gov.au/contractor_documents/guidelines_and_miscellaneous.

26.2 Unfixed Plant and Materials

If the Contractor has claimed payment for plant or materials intended for incorporation into the Works, but not yet incorporated into the Works, the Superintendent may direct the Contractor to supply ownership statements and receipts establishing to the satisfaction of the Superintendent that the Principal is the owner of the plant and materials free of any lien or charge and that the Contractor has paid for the plant and materials. The ownership statement shall be substantially in the format specified in the DPTI Statement Regarding Plant or Materials, available from: http://www.dpti.sa.gov.au/contractor_documents/guidelines_and_miscellaneous.

26.3 Certificate of Practical Completion

Where the Works include a road, for the Works to be reasonably capable of being used for their intended purpose, the first coat of any pavement marking and any sundry works (such as lighting, secondary paving, safety barrier and road furniture) must be complete where this work is included in the Contract.

26.4 Final Payment Claim

The following is added to the first paragraph of Clause 42.7 “Final Payment Claim” of the General Conditions of Contract:


http://www.dpti.sa.gov.au/contractor_documents/guidelines_and_miscellaneous



However, the Superintendent shall not be obliged to issue the Final Certificate until the Contractor has finally and satisfactorily executed and completed all work under the Contract and fulfilled all of its other obligations under the Contract (other than those which have been referred to dispute resolution under Clause 47).

27. FORM OF STATUTORY DECLARATION

The statutory declaration referred to in Clause 43 of the General Conditions of Contract must be substantially in the form of the DPTI Statutory Declaration Template for Payment Claims, available from http://www.dpti.sa.gov.au/contractor_documents/guidelines_and_miscellaneous.

28. DEFAULT OR INSOLVENCY

In sub-clauses 44.5 and 44.6, replace ‘Construction Plant and other things” with “Temporary Works and materials that the Contractor has brought onto the Site which are necessary for completion of the Works”.

29. NOTIFICATION OF CLAIMS

The text of Clause 46.1 “Contractor’s Prescribed Notice” of the General Conditions of Contract is deleted and replaced with the following:

With the exception of:

(a) any payment claim under Clause 42.1, Clause 42.5 and Clause 42.6;

(b) any claim for an extension of time under Clause 35.5(a); and

(c) any decision pursuant to Clause 46.4,

the Principal shall not be liable upon any claim by the Contractor in connection with the Contract or arising out of or related to the subject matter thereof (including claims in relation to a Superintendent’s direction or failure to issue a direction or otherwise at law) unless within 28 days after the first day upon which a competent and experienced contractor could reasonably have been aware of the claim, the Contractor has given to the Principal and to the Superintendent the prescribed notice.

To dispute the granting of, or failure to grant an extension of time pursuant to a claim made by the Contractor under Clause 35.5, the Contractor must comply with this Clause 46. The 28 days within which to provide a Prescribed Notice shall commence from the date of the Superintendent’s determination under Clause 35.5, or if no determination is made, shall commence 56 days after the initial claim is made.

Failure of the Contractor to comply with the provisions of this Clause 46.1 or to communicate a claim in accordance with the relevant provisions of the Contract shall be grounds for invalidating the claim. Nothing in this Clause 46 shall limit the operation of any other provision of the Contract which requires the Contractor to give notice to the Superintendent in order to preserve a right against the Principal.

The prescribed notice is a notice in writing which shall be headed “Prescribed Notice” and at a minimum, shall include detailed particulars of:

(a) the breach, act, omission, direction, approval or circumstances on which the claim is based;

(b) an outline of the legal and contractual basis of the claim;

(c) the quantum or likely quantum of the claim or proposed claim

(d) the facts relied upon by the Contractor in support of the claim (including an updated Contractor’s Program where appropriate), in sufficient detail to permit verification and / or audit by the Superintendent; and

(e) whether or not an extension of time is claimed.

The Superintendent shall notify the Contractor within 7 days if, in the Superintendent’s opinion, the prescribed notice contains insufficient particulars. If within 28 days of giving the prescribed notice the party giving the notice does not notify the other party and the Superintendent of particulars of the claim, the prescribed notice shall be deemed to be the claim.

Within 56 days of receipt of the prescribed notice the Superintendent shall assess the claim and notify the parties in writing of the decision and include the amount of that assessment in the next payment certificate issued pursuant to Clause 42.

30. ARBITRATION

Arbitration shall be conducted in accordance with rules 5 to 18 of the Rules of the Institute of Arbitrators and Mediators Australia for the Conduct of Commercial Arbitrations.




31. WAIVER OF CONDITIONS

A waiver by either party in respect of a breach of a provision of this Contract by the other party is not a waiver in respect of any other breach of that or any other provision. The failure of either party to enforce at any time any of the provisions of this Contract shall not be interpreted as a waiver of that provision.

32. COLLUSIVE ARRANGEMENTS AND CONTRACTOR’S CONDUCT

32.1 Contractor’s Warranties

The Contractor warrants that, prior to the close of tenders, the Contractor had no knowledge of the tender price of any other tenderer and had not directly or indirectly communicated the Contractor’s tender price to any other tenderer.

The Contractor warrants that, except as disclosed and as agreed with the Principal in writing, the Contractor:

(a) has not made any arrangement or arrived at any understanding to pay money to, or confer any benefit upon, any other tenderer or any trade or industry association (above the published standard fee) in respect of this Contract;

(b) has not made any allowance in the Contractor’s tender price on account of a contract, arrangement or understanding of a kind referred to in this Clause; and

(c) will not pay any money or confer any benefit on any other tenderer or any trade or industry association of the kind referred to in this Clause.

32.2 Reliance Upon Warranties

The Contractor acknowledges that it is aware that the Principal entered this Contract in reliance upon the warranties in Clause 31.1. If any matter warranted in this Clause is found not to be true or not to be correct, in addition to any other rights that the Principal may have, the Contractor will be in fundamental breach of this Contract (such breach going to the root of this Contract).

32.3 Conduct of the Contractor

The Contractor must conduct itself in a manner that does not invite, directly or indirectly, the Principal’s officers, employees or agents or any public sector employee (as defined in the Public Sector Act 2009) to behave unethically, to prefer private interests over the Principal’s interests or to otherwise contravene the Code of Ethics for the South Australian Public Sector.

33. DISCLOSURE OF CONTRACT

The Contractor agrees to disclosure of this Contract in accordance with Department of Premier and Cabinet Circular 27 (PCO27)."Disclosure of Government Contracts", available from:http://www.premcab.sa.gov.au/dpc/publications_circulars.html. The Contractor’s attention is drawn to the Freedom of Information Act 1991. No exemption from the provisions of this Act applies to this Contract.

34. BUILDERS LICENCE

Where required by the Building Work Contractors Act 1995, the Contractor shall hold an appropriate Builders Licence. Evidence of compliance with this Clause shall be submitted to the Superintendent on request.

35. CONSTRUCTION INDUSTRY TRAINING FUND

Attention is drawn to the Construction Industry Training Fund Act 1993 which imposes a levy of 0.25% of the value of building and construction works in South Australia. The Contractor shall pay the levy, calculated on the basis of the Contract sum less any Provisional Sums, Provisional Quantities and Principal controlled amounts. The Principal will not make separate payment to the Contractor for the levy, the cost of which is deemed to be included in the Contract Sum. Proof of payment of the levy may be required prior to the first or any progress payment being made under this Contract.

36. DELEGATIONS

Where in the General Conditions of Contract it is a requirement that approval in writing or a notice in writing be given by the Principal or an action be taken by the Principal, the powers, duties, discretions and authorities vested in the Principal under the clauses of the General Conditions of Contract listed may alternatively be exercised by those delegates of the Principal as set out in the following tables:



SCC TABLE 36.1It is hereby declared that the powers, duties, discretions and authorities vested in the Principal under the clauses listed in this table may alternatively be exercised by the DPTI Manager Strategic Sourcing Section.

Clause Function5.3 Approve or disapprove the form of security.

5.4 Accept the lodgement of security (and to approve of time extension of same).

5.7 and 5.8 Release security and retention moneys.

5.10 Request the lodgement of a deed of guarantee.

6.2 Prepare and forward a Formal Instrument of Agreement.

7 Notify any change of address.

19 Approve insurer and terms of Public Liability insurance.

42.8 Release retention moneys and/or security.

SCC TABLE 36.2It is hereby declared that the powers, duties, discretions and authorities vested in the Principal under the clauses listed in this table may alternatively be exercised by the DPTI Chief Corporate Officer.Clause Function5.5 Recourse to security.8.7 Approve any proposed media release by the Contractor.9.1 Assign the Contract or approve the assignment by the Contractor.21.2 Effect and maintain insurance and refuse payment for failure to provide evidence of

compliance with insurance requirements.30.3 Recover the cost of having defective work rectified by others.35.6 Deduction or repayment of Liquidated Damages.42.10 Set-off of moneys owing.42.11 Recourse to retention moneys and/or security.43 Withhold payment for failure to provide evidence of payment; or pay workers or

subcontractors direct.44.2 Issue notice to show cause.44.11 Take work out of the hands of the Contractor if the Contractor becomes insolvent.46.2 Dispute a Superintendent’s direction.47.1 Serve a notice of dispute.47.2 Give a written response to a notice of dispute; or serve a notice of dissatisfaction.48 Waive any term of the Contract.

SCC TABLE 36.3It is hereby declared that the powers, duties, discretions and authorities vested in the Principal under the clauses listed in this table may alternatively be exercised by the Superintendent.

Clause Function.

8.3 Supply copies of documents to the Contractor.

15 Provide for protection of people or property.

21.1 Request evidence that insurance has been effected.

27.1 Give possession of Site.

27.2 Give notice requiring access and provide names of authorised persons.

30.3 Have defective work rectified by others.

30.5 Accept defective work in certain circumstances.

31.8 Allow access to test material or work.

39 Take urgent action to protect work.

44.5 Complete the work taken out of the hands of the Contractor; and Take possession of the Contractor’s Constructional Plant.



37. CONTRACTOR’S SAFETY AND ENVIRONMENTAL OBLIGATIONS

The Contractor acknowledges the importance that the Principal places on care of the environment and the provision of a safe workplace. The Contractor must comply with all requirements of the Contract, applicable Australian Standards and all relevant law relating to protection of the environment and occupational, health, safety and welfare.

The Contractor must ensure, in connection with the execution of the work under the Contract, the health and safety of all persons including without limitation, members of the public, the Superintendent, the Principal’s employees, consultants and agents and the Contractor’s employees, subcontractors and agents.

The Contractor must perform its obligations under this Contract in an environmentally responsible manner so as to protect and preserve the environment (including from harm or damage arising from or in connection with the carrying out of the work under the Contract except to the extent such harm or damage was a direct and unavoidable result of carrying out and completing the work under the Contract in accordance with the Contract).

The Contractor, except to the extent prohibited by law, must indemnify and keep indemnified the Principal against any loss that the Principal suffers or incurs arising out of or in any way in connection with a failure by the Contractor to comply with any of its environmental or safety obligations.

38. SEVERANCE

Each word, phrase, sentence, paragraph and clause of this Contract shall not be construed so as to infringe the provisions of the law governing the Contract. Where a word, phrase, sentence, paragraph or other clause or provision of this Contract would otherwise be unenforceable, illegal or void, the effect of that provision shall so far as possible, be limited and read down so that it is not unenforceable, illegal or void. If a part of this Contract is found to be unenforceable, invalid, illegal or void, that part may be severed in such manner that the remaining part of the Contract is enforceable to the greatest extent permitted by law.

39. RESPECTFUL BEHAVIOUR

The Contractor acknowledges the Principal’s zero tolerance towards men’s violence against women in the workplace and the broader community.

The Contractor agrees that, in undertaking the work, its personnel will at all times:

(a) act in a manner that is non-threatening, courteous, and respectful; and

(b) comply with any instructions, policies, procedures or guidelines issued by the Principal regarding acceptable workplace behaviour.

If the Principal believes that Personnel are failing to comply with the behavioural standards specified in this clause, then the Principal may in its absolute discretion:

(a) prohibit access by the relevant personnel to the Site; and

(b) direct the Contractor to withdraw the relevant personnel from undertaking the work under the Contract.

40. WORKFORCE PARTICIPATION AND SKILLS DEVELOPMENT

(a) An objective of this Contract is to increase the employment and training of Apprentices and Trainees, displaced automotive employees, Aboriginal people and Local People with Barriers to Employment (the “Target Group”) and to Upskill people engaged directly in connection with the performance of the Contract.

(b) The Contractor formally declares its intent to work in conjunction with the South Australian Government to meet the South Australian Government’s policy targets by employing and training people from the Target Group, including through on-site work by subcontractors and Upskilling people engaged directly in connection with the performance of the Contract.

(c) Without limiting other remedies available to the Principal, the Contractor acknowledges that failure to comply in part or in whole with the requirements of this clause may be a factor that will be taken into account in the award of future contracts by the South Australian Government.

40. WORKFORCE PARTICIPATION AND SKILLS DEVELOPMENT

40.1 General

(a) An objective of this Contract is to increase the employment and training of Apprentices and Trainees, displaced automotive employees, Aboriginal people and Local People with Barriers to Employment (the “Target Group”) and to Upskill people engaged directly in connection with the performance of the Contract.


DTEI, 08/09/14,

Alternative 2 - Insert this clause if the contract sum > $5 million and duration > 6 monthsNote 20% target applies to contracts >$100 million.

DTEI, 13/06/12,

Alternative 1 - Insert this clause if the contract sum is between $150,000 and < $5 million


(b) The Contractor formally declares its intent to work in conjunction with the South Australian Government to meet the South Australian Government’s policy targets by employing and training people from the Target Group, including through on-site work by subcontractors and Upskilling people engaged directly in connection with the performance of the Contract.

(c) Without limiting other remedies available to the Principal, the Contractor acknowledges that failure to comply in part or in whole with the requirements of this clause may be a factor that will be taken into account in the award of future contracts by the South Australian Government.

40.2 Target

(a) The Contractor must, subject to this clause 40, ensure that:

(i) the number of On-site Hours performed by people in the Target Group (engaged by either the Contractor or its subcontractors) (the “Target Group Component”) is no less than 11% of the Total Project Hours; and

(ii) the sum of:

A. the Target Group Component; and

B. the number of hours of Upskilling provided to people engaged directly in connection with the performance of the Contract (engaged by either the Contractor or its subcontractors) (the “Upskilling Component”),

is no less than 15% of the Total Project Hours (the “Target Hours”); and

(iii) the On-site Hours performed by Aboriginal people is equivalent to up to 2% of the Total Project Hours.

(b) In reporting performance against this clause, and in calculating whether the Contractor has met the targets in clause 40.2 (a), the following provisions apply:

(i) hours cannot be double counted;

(ii) On-site Hours performed by Aboriginal people must be reported separately but also contribute to the Target Group Component;

(iii) Upskilling provided up to 6 months prior to the Date of Acceptance of Tender and prior to the Date for Practical Completion can be included in the Upskilling Component;

(iv) on-Site Upskilling provided to people in the Target Group should be included in the Target Group Component, rather than in the Upskilling Component. On-Site Upskilling provided to all other categories of worker engaged directly in connection with the performance of the Contract can be included in the Upskilling Component; and

(v) off-Site Upskilling hours provided to all categories of worker (other than Cadets) engaged directly in connection with the performance of the Contract can be included in the Upskilling Component.

(c) The Contractor will seek, but is not obliged, to achieve performance by Apprentices and Trainees of On-site Hours equivalent to 50% of the Target Hours or more.

40.3 Reporting

(a) The Contractor

(i) must submit to the Superintendent:

A. for Tier 1 Contracts - a Workforce and Skills Development Plan no later than 10 Business Days after the Date of Acceptance of Tender and before it commences any on-Site work under the Contract;

B. for Tier 2 Contracts - a Workforce and Skills Development Strategy no later than 15 Business Days after the Date of Acceptance of Tender and before it commences any on-Site work under the Contract,

each of which must contain the information required by and be in the form set out in the Workforce Participation in Government Construction Procurement Implementation Guidelines For Contractors and Contracting Agencies from time to time which can be accessed at http://www.dpti.sa.gov.au/wpgcp (the “Implementation Guidelines”) (unless the Superintendent has approved in writing another form);

(ii) must submit to the Superintendent:

A. a Workforce Participation and Skills Development Interim Report no later than 10 Business Days after the end of each quarter (with the first quarter commencing on the date the Contractor commences on-Site work under the Contract); and

B. a Workforce Participation and Skills Development Final Report no later than 20 Business Days after the Date of Practical Completion,


http://www.dpti.sa.gov.au/wpgcp


each of which must contain the information required by and be generated using the Workforce Participation Reporting System (unless the Principal has, in writing, either approved another form or agreed to generate the report itself);

(iii) must (and must ensure that its subcontractors) regularly update the WPRS with:

A. details of the On-site Hours worked by people in each category of the Target Group;

B. the total On-site Hours for all workers;

C. details of the Upskilling provided to people engaged directly in connection with the performance of the Contract, including the hours undertaken, the name and date of the course and the name of the training organisation; and

D. any other information required by the WPRS for the reports described in clause (a) (i),

and the Contractor must ensure that for each reporting period described in clause (a)(ii), the WPRS is updated with all such information before the report for that period is generated (or where the Principal has agreed to generate the report, before the expiration of the period for lodgement of the relevant report described in clause (a)(ii));

(iv) must report in accordance with the Implementation Guidelines; and

(v) must (and must ensure that its subcontractors) keep records of compliance with this clause and provide the Superintendent with such assistance, including the provision of information, as it may reasonably require in connection with it carrying out an audit of the Contractor’s compliance with this clause 39.

(b) If this Contract is a Tier 2 Contract, the Contractor must:

(i) appoint a person to be responsible for coordination of the Workforce and Skills Development Strategy; and

(ii) seek to use Aboriginal owned and/or managed enterprises where possible.

(c) The Contractor must (and must ensure that its subcontractors) do not contravene the Privacy Act 1988 (Cth). This may require the Contractor (or its subcontractor) to obtain a person’s consent prior to disclosing that person’s personal information in connection with this clause.

40.4 Definitions

For the purpose of this clause 40 only:

“Aboriginal person” means a person who identifies as being Aboriginal and/or is considered by members of his or her community as being Aboriginal. This definition includes Torres Strait Islander people;

“Apprentice/Trainee” means a person (who may be either an apprentice or a trainee) undertaking training in a trade or declared vocation under a training contract as provided for in the Training and Skills Development Act 2008 (SA) whether on a full-time or part-time basis;

“Building Contract” means a contract for construction of residential, commercial, industrial or institutional facilities;

“Business Day” means any day other than a Saturday, Sunday or public holiday in South Australia;

“Cadet” means a person undertaking a cadetship or scholarship incorporating formal tertiary professional or technical education that results in a nationally recognised building and construction qualification whether on a full-time or part-time basis;

“Civil Construction Contract” means a contract for construction of earthworks, road works, rail works pilings, power stations, dams, drainage or other water resource management works;

“Contract Duration” means the period commencing on the Date of Acceptance of Tender and ending on the Date for Practical Completion;

“Implementation Guidelines” has the meaning given to it in clause 40.3(a)(i);

“Local person with barriers to employment” includes any person residing in a South Australian Government region in which the Site is located (or any other South Australian Government region) and who is unemployed or experiencing difficulty in finding or maintaining suitable employment having regard to his or her skill level, level of experience, age, place of residence or family or caring responsibilities. A Local Person with Barriers to Employment includes a job seeker residing in South Australia who:

(a) has registered with Job Search, Centrelink or a Job Services Australia provider;

(b) has registered with the Disability Employment Network;

(c) is a holder of a Job Seeker ID; or

(d) is a skilled migrant job seeker holding a General Skilled Migrant Visa;



“On-site Hour” means an hour of work performed by a person on the Site;

“Target Group” has the meaning given to it in clause 40.1(a);

“Target Group Component” has the meaning given to it in clause 40.2(a) (i);

“Target Hours” has the meaning given to it in clause 40.2(a)(ii);

“Tier 1 Contract” means a contract with a Contract Sum (exclusive of GST) between $5,000,000 and $50,000,000 (both inclusive) and a Contact Duration of six months or more;

“Tier 2 Contract” means a contract with a Contract Sum (exclusive of GST) greater than $50,000,000 and a Contact Duration of six months or more;

“Total Project Hours” means:

(a) the number of hours approved in writing by the Principal as representing the estimated total On-site Hours required to execute the work under the Contract; or

(b) in the absence of an approval under the preceding paragraph, the estimated total On-site Hours required to execute the work under the Contract, determined using the following formula:

(i) if the Contract is a Building Contract:

Total Project Hours = (Contract Sum x 0.3)/42; or

(ii) if the Contract is a Civil Construction Contract:

Total Project Hours = (Contract Sum x 0.15)/42;

“Upskilling” means

(a) the training of workers where such training is a prerequisite to those workers obtaining a nationally recognised building and construction competency or qualification; or

(b) the upskilling of professional workers engaged in tertiary or technical qualifications,

provided the training/upskilling is provided by a training organisation registered by a State or Territory training authority and listed on the NTIS (as defined in the Higher Education Support Act 2003 (Cth)) or an Australian university (as defined in the Higher Education Support Act 2003 (Cth)).

Upskilling includes on-job structured training within which:

i) competencies are specified and lead to the attainment of a nationally recognised qualification;

ii)learning is planned, organised and sequenced in order to develop the apprentice/trainee/cadet to achieve workplace competence;

iii) methods of training delivery appropriate to the achievement of competence are chosen;

iv) quality training resources are used to assist the apprentice/trainee/cadet to learn; and

v)assessment events are planned and undertaken at appropriate points throughout the traineeship.

Upskilling cannot be achieved through simple work experience other than for Cadets.

Notwithstanding this definition, Upskilling includes on-Site work performed by Cadets, but does not include any other training undertaken by Cadets;

“Upskilling Component” has the meaning given to it in clause 40.2(a)(ii)B; and

“Workforce Participation Reporting System” or “WPRS” means the reporting tool available at www.wprs.sa.gov.au or any other reporting tool nominated by the Principal from time to time.

41. INDUSTRY PARTICIPATION PLAN

The Contractor must:

(a) implement the Contractor’s Industry Participation Plan (“CIPP”), included as Schedule 28;

(b) must provide an Industry Participation Report (“IPP Report”) in respect of each Industry Participation Reporting Period within two weeks of the end of each period, in the format in the template available from www.dpc.sa.gov.au/office-industry-advocate including all the information indicated in that template.

If the Contract Sum is less than $50 million, an Industry Participation Reporting Period is:

(a) the period between the Date of Acceptance of Tender and the first anniversary of the Date of Acceptance of Tender;

(b) each subsequent 12 month period until the Date of Practical Completion;


DPTI, 11/08/14,

Include if value > $1 million (regional) or > $4 million (metropolitan)

http://www.dpc.sa.gov.au/office-industry-advocate


(c) the period from the conclusion of the preceding Industry Participation Reporting Period until the Date of Practical Completion; and

(d) where the term is for a period less than 12 months, the term.

If the Contract Sum is $50 million or more, the Industry Participation Reporting Period is:

(a) the period between the Date of Acceptance of Tender and the date 6 months after of the Date of Acceptance of Tender;

(b) each subsequent 6 month period until the Date of Practical Completion;

(c) the period from the conclusion of the preceding Industry Participation Reporting Period until the Date of Practical Completion; and

(d) where the term is for a period less than 6 months, the entire term.

The Contractor must attend any meeting scheduled by the Industry Participation Advocate (“IPA”) during the term to review how the CIPP is being implemented and advanced, and for this purpose, the Contractor must provide all information reasonably requested by the IPA. The IPA must give the Contractor not less than 10 business days’ notice of any such meeting.

The Contractor’s failure to comply, in whole or in part, with the commitments contained within the CIPP will be a factor taken into account in the award of future contracts for the Government of South Australia.

In this clause, “Industry Participation Advocate” or “IPA” means the person who from time to time has been appointed to the position of Industry Participation Advocate within the Office of the Industry Advocate, situated within the Department of the Premier and Cabinet, or his/her successor.

42. BUILDING CODE

1. The Contractor must comply with the Code for the Tendering and Performance of Building Work 2016 (Building Code). Copies of the Building Code are available at www.employment.gov.au/building-code .

2. Compliance with the Building Code shall not relieve the Contractor from responsibility to perform the Contract, or from liability for any defect in the works arising from compliance with the Building Code.

3. Where a change in the Contract is proposed and that change would affect compliance with the Building Code, the Contractor must submit a report to the Commonwealth specifying the extent to which the Contractor’s compliance with the Building Code will be affected.

4. The Contractor must maintain adequate records of the compliance with the Building Code by:

(a) the Contractor;

(b) its Subcontractors;

(c) consultants; and

(d) its “related entities” (as defined in the Building Code).

5. If the Contractor does not comply with the requirements of the Building Code in the performance of this Contract such that a sanction is applied by the Minister for Employment and Workplace Relations, the Code Monitoring Group or the Commonwealth, without prejudice to any rights that would otherwise accrue, those parties shall be entitled to record that non-compliance and take it, or require it to be taken, into account in the evaluation of any future tenders that may be lodged by the Contractor or a related entity in respect of work funded by the Commonwealth or its agencies.

6. While acknowledging that value for money is the core principle underpinning decisions on Government procurement, when assessing tenders, the Contractor may give preference to subcontractors and consultants that have a demonstrated commitment to:

(a) adding and/or retaining trainees and apprentices;

(b) increasing the participation of women in all aspects of the industry; or

(c) promoting employment and training opportunities for Indigenous Australians in regions where significant indigenous populations exist.

7. The Contractor must not appoint a subcontractor or consultant in relation to the Project where:

(a) the appointment would breach a sanction imposed by the Minister for Employment and Workplace Relations; or

(b) the subcontractor or consultant has had an adverse Court or Tribunal decision (not including decisions under appeal) for a breach of workplace relations law, work health and safety law, or workers’ compensation law and the tenderer has not fully complied, or is not fully complying, with the order.


DTEI, 12/08/13,

Only insert if Code for the Tendering and Performance of Building Work 2016 applies (construction contracts):i.e. Federal funding is:>$5m and >50% of the total construction project value; or>$10m.If the code applies, all contracts for on-site activities must include this clause, except landscaping.

http://www.employment.gov.au/building-code


8. The Contractor agrees to require that it and its subcontractors or consultants and its related entities provide the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Australian Building and Construction Commision, with access to:

(a) inspect any work, material, machinery, appliance, article or facility;

(b) inspect and copy any record relevant to the Project the subject of this Contract; and

(c) interview any person

as is necessary to demonstrate its compliance with the Building Code.

9. Additionally, the Contractor agrees that the Contractor and its related entities will agree to a request from the Commonwealth or any person authorised by the Commonwealth, including a person occupying a position in the Australian Building and Construction Commission, to produce a specified document within a specified period, in person, by fax or by post.

10. The Contractor must ensure that all subcontracts impose obligations on subcontractors, equivalent to the obligations under this clause SC42.

43. AUSTRALIAN GOVERNMENT BUILDING AND CONSTRUCTION WHS ACCREDITATION SCHEME

The Contractor must be accredited under the Australian Government Building and Construction WHS Accreditation Scheme (the Scheme) established by the Fair Work (Building Industry) Act 2012 (FWBI Act) when entering into contracts for building work as defined under section 5 of the FWBI Act and the accredited builder must maintain accreditation under that Scheme while the building work is being carried out.*.*

The Contractor must comply with all conditions of Scheme accreditation.

* Section 26(1)(f) of the Fair Work (Building Industry - Accreditation Scheme) Regulation 2016 outlines provisions applying to joint venture arrangements that include accredited and unaccredited builders.

____________


DTEI, 21/12/11,

Only insert if scheme applies

Special Conditions of Contract

ANNEXURE TO THE GENERAL CONDITIONS OF CONTRACT

Where a clause in the General Conditions of Contract refers to Annexure Part A for particular information, for the purposes of that clause, that information shall be determined from the following table:

Clause Referenced

1 The laws of South Australia shall apply to this Contract.

Payment under the Contract will be made at Adelaide, South Australia

2 The Minister for Transport and Infrastructureof 136 North Terrace, Adelaide, South Australia, 5000, is the Principal.ABN: 92 366 288 135

The Commissioner of Highwaysof 136 North Terrace, Adelaide, South Australia, 5000, is the Principal.ABN: 92 366 288 135

The person occupying the position of Director Procurement and Contracting, DPTI of 77 Grenfell Street, ADELAIDE SA 5000, is the Superintendent.

3.3(b) Refer to Clause 5.2 "Schedule of Rates" of the Special Conditions of Contract for the limit of accuracy applying to rates in the Schedule of Rates.

4.1 and 4.2 A Bill of Quantities will not apply to this Contract.

5.2 The amount of security provided by the Contractor shall be $........................ and the Principal is not required to provide security.

5.5 If the Principal intends to have recourse to retention moneys and/or to convert security, it will give the Contractor 5 days prior notice.

5.7 Upon issue of the Certificate of Practical Completion, security and retention will be reduced to 50%.

5.9 Interests on Security and retention moneys shall be owned in accordance with Alternative 2.

8.3 The Principal will supply 1 copy of the documents.

8.4 The Contractor shall supply 1 copy of the documents.

The Superintendent will notify the Contractor whether the documents are suitable or not within 14 days.

9.2 The Superintendent’s approval of subcontractors shall be sought in accordance with Clause 11 of the Special Conditions of Contract.

11 15% will be paid on work carried by a subcontractor where there is no applicable rate for the provisional work.OR Clause 25 “Overheads and Profit” of the Special Conditions of Contract shall be used to determine the percentage for profit and attendance where provisional work is carried out by a subcontractor.


DTEI, 28/06/13,

Insert this statement if using alternative 2 of Clause 25

DTEI, 28/06/13,

Insert a percentage if using Alternative 1 of Clause 25

DTEI, 30/01/13,

If funded by the Highways Fund pursuant to the Highways Act 1926


Clause Referenced

18 Insurance of the Works shall be provided by the Contractor in accordance with Alternative 1 of Clause 18 of the General Conditions of Contract

Insurance of the Works will be provided by the Principal in accordance with Alternative 2 of Clause 18 of the General Conditions of Contract. Refer also to: http://www.dpti.sa.gov.au/standards/contractsandtenders/principal_arranged_insurance2

18(ii), 18(iii), 18(iv), 18(v) Not Applicable.

19 Public Liability Insurance shall be provided by the Contractor in accordance with Alternative 1 of Clause 19 of the General Conditions of Contract

The amount of Public Liability Insurance shall not be less than $20 million.

Public Liability Insurance will be provided by the Principal in accordance with Alternative 2 of Clause 19 of the General Conditions of Contract. Refer also to: http://www.dpti.sa.gov.au/standards/contractsandtenders/principal_arranged_insurance2

27.1 Possession of Site is given at the Date of Acceptance of Tender. ORPossession of Site is given in accordance with the Site Access Schedule

35.2 The Date for Practical Completion is ......... calendar weeks after the Date of Acceptance of Tender

35.6 The rate for the application of Liquidated Damages is $......... per working day.

35.7 Liquidated Damages are unlimited.

35.8 A bonus per day for early Practical Completion does not apply.

36 Except as provided elsewhere in the Contract, extra costs for delay and disruption will not be paid to the Contractor

37 The Defects Liability Period is 12 months.

41(f) The charge for overheads, profit, etc is deemed to be included in the rates in the Schedule of Rates for DayworkORThe charge for overheads, profit, etc. for Daywork shall be determined in accordance with Clause 25 of the Special Conditions of Contract

42.1 Times for Payment Claims shall be as agreed between the parties after acceptance of tender

42.1(ii) Nil.ORPayment claims may be made for eg Prefabricated/precast components notwithstanding that they are not incorporated in the Works….

42.3 Except as provided for under Clause 8 “Security” of the Special Conditions of


DTEI, 21/12/11,

Wording for Alternative 2 of Clause 24.

DTEI, 21/12/11,

Wording for Alternative 1 of Clause 24.

DTEI, 21/12/11,

Consider 2 years or more for high risk / value contracts (eg deep lift asphalt). Consult Manager, Contracting Services if appropriate

DTEI, 21/12/11,

A $ value must appear in this item (even if of low value e.g. $100 per working day). “Not Applicable” is not to be used unless approved by Manager, Contracting Services.The Specifier must prepare and file a calculation verifying amount of Liquidated Damages prior to tender call.Refer PR230-4

DPTI, 05/06/14,

To be addressed if contract contains Provisional Work and Provisional Work notification not provided to Contractor at time of Contract Award.

DTEI, 21/12/11,

This may need to be changed if the site is not fully available at this time

DTEI, 13/06/12,

Alternative 2Check with Manager, Contracting Services

DPTI, 13/06/12,

To be used if using Alternative 1 in Clause 19.

DTEI, 13/06/12,

Alternative 1 sometimes applied to marine works. Check with Manager, Contracting Services

DPTI, 22/12/11,

Not Applicable if using Alternative 2.If using Alternative 1 items 18(ii), 18(iii), 18(iv), 18(v) need to be addressed.

DTEI, 13/06/12,

Alternative 2Check with Manager, Contracting Services

DTEI, 13/06/12,

Alternative 1 sometimes applied to marine works. Check with Manager, Contracting Services

http://www.dpti.sa.gov.au/standards/contractsandtenders/principal_arranged_insurance2





Clause Referenced

Contract, retention moneys are not required.

42.4 Payment for unfixed plant and materials shall be made in accordance with Alternative 2 of Clause 42.4 of the General Conditions of Contract.

42.9 The interest rate applicable to any overdue payments is the rate prescribed under the Supreme Court Act 1935 (SA) in respect of judgment debts of the Supreme Court.

44.7 Delay by the Principal in excess of 3 months in giving possession of Site shall be a substantial breach of contract.

47.2 Dispute resolution shall proceed in accordance with Alternative 2 of Clause 47.2 of the General Conditions of Contract.

47.3 An arbitrator shall be nominated by The Chairperson for the time being of the Institute of Arbitrators and Mediators Australia, South Australian Chapter, and arbitration shall be held in South Australia.

____________


DTEI, 21/12/11,

Where there are Separable Portions, it will be necessary to delete the items in the above table relating to:Clauses 5.2, 5.5, 35.2, 35.6, 35.7, 35.8, 36 and 37,and create separate tables addressing these items for each Separable Portion.Ensure that the description of the Separable Portions covers all the work under the Contract (ie no part of the work is unallocated to a Separable Portion).