Our Ref: MPCFOl2020/03 - ACT Government€¦ · email: [email protected] issue date: monday 11 th november site inspection date: monday 18 th november closing date: thursday

8 ��!ts Canberra

Our Ref: MPCFOl2020/03

Dear

FREEDOM OF INFORMATION REQUEST

I refer to your application made under section 30 of the Freedom of Information Act 2016 (the Act),

received by Major Projects Canberra (MPC) on 10 February 2020, in which you sought access to:

• Specific measures that will be taken to protect people from friable asbestos and friable

asbestos dust during the demolition of the buildings on the CIT Philip site.

Authority

I am an Information Officer appointed by the Chief Projects Officer under section 18 of the Act to

deal with access applications made under Part 5 of the Act.

Decision on access

Searches were completed for relevant documents and 1 document was identified that falls within

the scope of your request. The information can be accessed at

htt ps:Uwww.act.gov .au/ ma jo rpro jectsca n be rra.

I have included at Attachment A to this decision the schedule of relevant documents. This provides a

description of the document that falls within the scope of your request and the access decision for

that document.

I have decided to grant access in full the document. The information most relevant to the scope of

your request is below, noting the Asbestos Removal Control Plan (ARCP) document has not yet been

developed. This will be developed upon the successful tenderer being awarded the contract.

"The successful Tenderer is required to have a Class A Ucenced Asbestos Assessor who with the Class

A Ucenced Asbestos will develop a robust ARCP (Asbestos Removal Control Plan). This will be

reviewed by the Principal Authorised Person (PAP) from Major Projects Canberra (who has been

involved in the Mr Fluffy Demolition program for 4 years) and Worksafe ACT. There will also be

continual oversite on this project by both Worksafe ACT and the Major Projects Canberra PAP."

Online Publishing - Disclosure Log

Under section 28 of the Act, MPC maintains an official online record of access applications called

a disclosure log. Your original access application, my decision and the document released to you in

response to your access application will be published in the MPC disclosure log 3 to 10 days after

the date of the decision. Your personal contact details will not be published. You may view the

MPC disclosure log at https://www.act.gov.au/majorprojectscanberra.

Ombudsman ReviewMy decision on your access request is a reviewable decision as identified in Schedule 3 of the Act. You have the right to seek Ombudsman review of this outcome under section 73 of the Act within 20 working days from the day that my decision is published in the MPC disclosure log, or a longer period allowed by the Ombudsman.

If you wish to request a review of my decision you may write to the Ombudsman at:The ACT OmbudsmanGPO Box 442CANBERRA ACT 2601Via email: [email protected]

ACT Civil and Administrative Tribunal (ACAT) ReviewUnder section 84 of the Act, if a decision is made under section 82(1) on an Ombudsman review, you may apply to ACAT for review of the Ombudsman decision.

Further information may be obtained from the ACAT at:ACT Civil and Administrative TribunalLevel 4, 1 Moore StreetGPO Box 370CANBERRA CITY ACT 2601Telephone: (02) 6207 1740http://www.acat.act.gov.au

Contact

Should you have any queries in relation to your request, please contact the Major Projects Canberra

FOi team by telephone on (02) 6205 1757 or email [email protected].

Yours sincerely

r�-� Nikki Pulford

Information Officer

Major Projects Canberra

2+ February 2020

Major Projects Canberra

GPO Box 158 Canberra ACT 2601 I www.act.gov.au

FREEDOM OF INFORMATION REQUEST SCHEDULE Please be aware that under the Freedom of Information Act 2016, some of the information provided to you will be released to the public through the ACT Government’s Open Access Scheme. The Open Access release status column of the table below indicates what documents are intended for release online through open access.

Personal information or business affairs information will not be made available under this policy. If you think the content of your request would contain such information, please inform the contact officer immediately.

Information about what is published on open access is available online at: https://www.act.gov.au/majorprojectscanberra/home

FOI Reference Number Request Details

MPCFOI2020/03 • Specific measures that will be taken to proctect people from friable asbestos and friable asbestos dust during the demolition of the buildings on the CIT Philip site.

Ref No. No. of Folios

Description Date Status Reason for non-release or

partial release Open Access release

status

1. 1 – 1 Request for Tender No. 52115-RFT-001 11 Nov 19 Full N/A Yes

Total Number of Documents

1

REQUEST FOR TENDER NO. 52115-RFT-001

DEMOLITION AND REMEDIATION

OF BLOCK 17 SECTION 1 PHILLIP (FORMER CIT WODEN)

ON BEHALF OF THE ENVIRONMENT PLANNING AND SUSTAINABLE DEVELOPMENT DIRECTORATE (EPSDD)

UNDER THE ACT MODIFIED VERSION OF MW21

INFRASTRUCTURE DELIVERY PARTNERS GROUP

MAJOR PROJECTS CANBERRA

CONTACT OFFICER: KATIE COSTABILE

PHONE: (02) 62059388

EMAIL: [email protected]

ISSUE DATE: MONDAY 11TH NOVEMBER

SITE INSPECTION DATE: MONDAY 18TH NOVEMBER

CLOSING DATE: THURSDAY 5TH DECEMBER

CLOSING TIME: 2:00 PM CANBERRA TIME

IMPORTANT NOTICE: TENDERS MUST BE LODGED ELECTRONICALLY THROUGH TENDERS ACT

52115-RFT-001 B17 S01 Phillip on behalf of the EPSDD – ACT Modified MW21

CONTENTS

1. INFORMATION FOR TENDERERS ....................................................................... 1

2. BRIEF ............................................................................................................... 2

3. ASSESSMENT ................................................................................................... 2

4 CONTRACT REQUIREMENTS ............................................................................. 8

5 ADDITIONAL CONDITIONS OF TENDER ........................................................... 10

6 TENDERER DECLARATION ............................................................................... 11

7 CONFIDENTIAL TEXT ...................................................................................... 12

8 LODGEMENT OF TENDERS .............................................................................. 12

ATTACHMENT 1 – STATEMENT OF REQUIREMENTS ................................................... 14

ATTACHMENT 2 – PRICING SCHEDULE ....................................................................... 20

ATTACHMENT 3 – SCHEDULE OF PROVISIONAL ALLOWANCES ................................... 22

ATTACHMENT 4 – SCHEDULE OF DESIGN AND DOCUMENTATION RESOURCES ........... 23

ATTACHMENT 5 – TENDERER DECLARATION .............................................................. 24

ATTACHMENT 6 – ALTERNATIVE TENDER ................................................................... 27

ATTACHMENT 7 – CONFIDENTIAL TEXT ...................................................................... 28

ATTACHMENT 8 – CONTRACT INFORMATION ............................................................ 29

ATTACHMENT 9 – SPECIAL CONDITIONS OF CONTRACT ............................................. 39

ATTACHMENT 10 – CONFIDENTIALITY DEED ............................................................. 54

ATTACHMENT 12 – CONTRACT DOCUMENTS ............................................................. 64

52115-RFT-001 B17 S01 Phillip on behalf of the EPSDD – ACT Modified MW21 V5

ACT Modified version / MW21RFT MW21 v13 (07Nov19) SLJC Page 1 of 66 Copyright © All rights reserved.

1. INFORMATION FOR TENDERERS

1.1 Standard Conditions of Tender

1.1.1 Tenderers must read this Request for Tender (RFT) in conjunction with the Standard Conditions of Tender – Construction (Standard Conditions) which Tenderers may download from Major Projects Canberra at https://www.act.gov.au/majorprojectscanberra/procurement/construction-documents/mw21-

document-suite.

1.1.2 To the extent of any inconsistency between this RFT and the Standard Conditions this RFT prevails.

1.2 Content of RFT

1.2.1 Returnable Schedules and Attachments to this RFT form part of this RFT.

1.2.2 This RFT consists of the following sections.

Section Description Note

Sections 1 – 8 Conditions of tender Includes Assessment Criteria

Attachment 1 Statement of Requirement

Describes the Territory’s requirement

Attachment 2 Pricing Schedule To be completed and returned by Tenderer

Attachment 3 Schedule of Provisional Allowances

Not used

Attachment 4 Schedule of Design and Documentation Resources

Not used

Attachment 5 Tenderer’s Declaration

To be completed and returned by Tenderer. This includes information that will be used to draft the Contract Information in the Contract with the preferred Tenderer

Attachment 6 Alternative Tenders To be completed and returned by Tenderer if it wishes to submit an alternative tender

Attachment 7 Confidential Text To be completed and returned by the Tenderer if it wishes to request any confidential text

Attachment 8 Contract Information For the Tenderer’s information. These will form part of the contract with the preferred Tenderer

https://www.act.gov.au/majorprojectscanberra/procurement/construction-documents/mw21-document-suite




Section Description Note

Attachment 9 Special Conditions of Contract

For the Tenderer’s information. These will form part of the contract with the preferred Tenderer

Attachment 10 Confidentiality Deed Not used

Attachment 11 Ethical Suppliers Declaration - Tender

To be completed and returned by Tenderer

Attachment 12 Contract Documents For the Tenderer’s information. These will form part of the contract with the preferred Tenderer

1.3 Additional Definitions

1.3.1. In addition to any definitions set out in the Standard Conditions some terms are defined in this RFT by including the defined term in brackets and bolded following the definition.

1.4 Second Stage

1.4.1 Not used

2. BRIEF

2.1.1 The Territory is seeking to engage a suitably qualified contractor to demolish, Section Block 17 Section 01, Phillip (formerly known as Woden CIT), to the extent specified. The Contractor will also be required to perform other works to ensure that the site is remediated and reinstated to a level, safe condition

2.1.2 The requirements for the Works are as more fully set out in ATTACHMENT 1.

3. ASSESSMENT

3.1 Evaluation Methodology

3.1.1 In evaluating Tenders the Territory has as its objective the attainment of best value for money and not necessarily the lowest tendered price.

3.1.2 Apart from the conformity with the requirements of this RFT, the Territory will evaluate Tenders in accordance with the Assessment Criteria outlined below.

3.2 Threshold Assessment Criteria

No. Threshold Assessment Criteria Yes/No

TC1 Prequalification

(1) Tenderers will comply with this criterion if they meet one or more of the following:




(2) The Tenderer must hold current prequalification to a minimum of D F5; or

(3) The Tenderer must hold current prequalification to a minimum of CB F5 or CB (restricted) F5 and hold a Builders Licence endorsed for Demolition Work; or

(4) The Tenderer must hold current prequalification to a minimum of CB F5 or CB (restricted) F5 and, at time of tender, provide details of their nominated demolition subcontractor who must hold prequalification to a minimum of D F5 as at the date of close of tenders.

You do not need to supply a copy of your Certificate; the Territory will verify your prequalification status when assessing this tender.

TC2

(5)

Industrial Relations and regional contribution

Part A Secure Local Jobs Code Certificate

The Tenderer must hold a Secure Local Jobs Code Certificate as at the date of close of Tenders. You do not need to supply a copy of your Certificate; the Territory will verify your certification status when assessing your Tender. * Note – Under the Secure Local Jobs Code any subcontractor it engages to perform “Territory Funded Work” (as defined in the Government Procurement Act 2001) will also be required to hold a Secure Local Jobs Code Certificate. Tenderers are encouraged to note in their Tender the subcontractors it intends to engage for Territory Funded Work, and whether they hold a current Secure Local Jobs Code Certificate, noting that commencement of work by those subcontractors will be conditional on holding a Secure Local Jobs Code Certificate.

Part B Labour Relations, Training and Workplace Equity Plan

The Tenderer must submit a Canberra Region Local Industry Participation Policy and Secure Local Jobs Labour Relations, Training and Workplace Equity Plan for Procurements with a value of $200,000 to $5million (includes Economic Contribution Test - ECT) https://www.procurement.act.gov.au/__data/assets/pdf_file/0019/1346014/CBR-Region-LIPP-LRTWE-Form-200K-5m.pdf

Part C Ethical Suppliers Declaration - Tender

Tenderers are to complete and submit an Ethical Suppliers Declaration - Tender. (see ATTACHMENT 11)

https://www.procurement.act.gov.au/__data/assets/pdf_file/0019/1346014/CBR-Region-LIPP-LRTWE-Form-200K-5m.pdf





Without limitation to any other part of the Tender, the contents of the Declaration and any other information made available to the Territory referable to the work, health, safety, employment and industrial relations performance record of the Tenderer and any Associated Entity of the Tenderer (as defined in the Declaration), may be considered by the Territory as part of its assessment of Tenders.

Tenders that do not meet the Threshold Assessment Criteria, can be regarded by the Territory in its absolute discretion, as non-conforming, and may not be considered for further assessment against the remaining Assessment Criteria.

3.3 Weighted Assessment Criteria

3.3.1 The Territory will assess Tenders against the following weighted Assessment Criteria.

3.3.2 At the conclusion of the assessment of the weighted Assessment Criteria Tenders will be assigned a numerical score based on assessed risk and weighting of each weighted Assessment Criteria.

No. Weighted Assessment Criteria Weighting

WC1 Local Industry Participation and Secure Local Jobs

The Territory will assess the extent to which the Tenderers has demonstrated:

a. that it will ensure capable local businesses are given full, fair and

reasonable opportunity to participate in the provision of the Works, b. it has systems and processes in place to comply with the Secure

Local Jobs Code in the provision of the Works during the term of the proposed contract.

Tenderers must submit a Canberra Region Local Industry Participation Policy and Secure Local Jobs Labour Relations, Training and Workplace Equity Plan for Procurements with a value of $200,000 to $5million (includes Economic Contribution Test - ECT) https://www.procurement.act.gov.au/__data/assets/pdf_file/0019/1346014/CBR-Region-LIPP-LRTWE-Form-200K-5m.pdf

Note: The Economic Contribution Test (ECT) is also included in this plan

10

WC2 Past performance

10





Provide examples of and describe past performance on completed similar projects (friable asbestos removal and demolition) in the past 5 years including: a. Project scope, value, date and duration; b. Contact details of referees; c. Awards and commendations; d. Any liquidated damages deducted for late time performance; e. Environmental management and safety; and f. Role of nominated personnel on the project.

Note: The Tender Evaluation Team may also use records of performance, claims, and compliance of Codes provided by other ACT Government Directorates or Consultants engaged by the ACT Government to determine the Tenderers past performance on similar types of projects.

WC3 Technical, Managerial Skills and Resources to complete the project

Provide and describe the following: a. Management structure and personnel including CVs of key

personnel that will be engaged on this project, including backup personnel;

b. Professional / technical capability of key personnel to meet the requirements of this project;

c. Statement on the availability, percentage of time to be allocated on this project and details of other commitments of all key personnel. It should also include specification of the time the key personnel will spend on site;

d. Nominate an example of a Project Management Plan (including QA Plan) used on similar project in the past 5 years;

e. Details of the project specific elements (including communications plan) of the PMP to be implemented in the delivery of this project; and

f. Details of proposed subcontractors and consultants, including their relevant experience in the past 5 years on similar projects. Note: If the nominated example PMP is from an ACT Government project, the tenderer does not need to provide a copy with the tender.

10

WC4 A demonstration the project will be completed within the contract Period

Provide and describe the following: a. A detailed tender program for the project to complete the

works within the contract period; b. Describe critical activities and methods of achieving project

milestones and project completion dates; and c. Demonstrate a clear understanding of the specific staging of

construction, approvals, utilities services and traffic

10



management required to complete the works within the contract period.

Note: Previous performance information held by the Territory may also be considered (if available) and the assessment will include consideration of any other significant risks associated with the delivery of this project.

WC5

A clear understanding of the specification/contract.

Provide and describe the following: a. Proven experience in working with an MW21 Contract; b. A succinct appreciation of the task, potential project specific

risks and how the risks will be managed during the project; c. Proven experience and knowledge in managing the safe

removal and subsequent demolition of buildings with extensive friable asbestos contamination;

d. Details of the proposed methodology that will be employed for the safe removal of Friable Asbestos and its appropriate disposal throughout the Projetc;

e. An example of an Asbestos Removal Control Plan (ARCP) used for a similar project in the past 2 years;

f. Experience in demolition work and waste management, transportation and disposal.

10

WC6 Demonstrated Work Health and Safety system to complete the project

Provide evidence of the following:

a. An AS/ISO/OFSC accredited system to proactively manage the Work Health and Safety (WHS) requirements of the project;

b. That nominated personnel have experience in implementation of a WHS site management system;

c. Any fines or other penalties (including Prohibition Notices) issued by WorkSafe ACT (or similar organisation in another jurisdiction) in the past 5 years and describe how the issue/s was/were closed out; and

d. Effective operation of the WHS site management system, including past performance related to safety.

Note: Evidence of an accredited system as required by sub criterion (a) is not required if the tenderer holds a current ACT Prequalification Certificate or has a Certificate issued by the Office of the Federal Safety Commissioner.

30

WC7 Financial Provide the following:

a. The completed Pricing Schedule/Tender Schedule with the

Tenderer’s financial offer (see ATTACHMENT 2)

20



3.4 Overall Assessment of Value for money

3.5.1 Following the evaluation of Tenders against the Assessment Criteria the Territory may undertake a value for money assessment of all Tenders, taking into account:

(1) risk (which may include, without limitation, financial risk and risk arising as a result of the Tender being assessed as an unacceptably high risk against any Assessment Criteria);

(2) the results of the evaluation against the Assessment Criteria;

(3) whole of life (WOL) costs; and

(4) any other matter set out in, or relevant to, the Government Procurement Act 2001 (ACT).

3.5 Assessment timetable

3.5.1 The proposed timetable for the procurement process relating to this RFT is:

RFT advertised 11/11/2019

Brief to Industry / Site inspection / Information session 18/11/2019

RFT closes 05/12/2019

Contract Awarded Jan 2019

Debrief unsuccessful Tenderers Jan 2019

Note: Analysis of the financial offer, including rates in the Pricing Schedule may be undertaken by the Tender Evaluation Team to assist in determining the preferred Tenderer. This may include a sensitivity analysis of costs involving foreseeable variations.



4 CONTRACT REQUIREMENTS 4.1 Form of contract and compliance

4.1.1 The form of contract expected to be used to document the Works required by this RFT is the ACT modified version of MW21 which can be downloaded from Major Projects Canberra at https://www.act.gov.au/majorprojectscanberra/procurement/construction-documents/mw21-document-suite

4.1.2 The Contract:

(1) will be amended by the Special Conditions of Contract as set out in ATTACHMENT 9;

(2) will include the Contract Information as set out in ATTACHMENT 8 and, to the extent the information is requested to be provided by the Tenderer, the preferred Tenderer’s response to ATTACHMENT 5 – Tenderer Declaration.

4.1.3 The Tenderer must accept (without departure, qualification, amendment, limitation or exclusion) the Contract. If it does not accept the Contract, the Tender may be regarded as non-conforming. If the Tenderer wishes to depart from, qualify, amend, limit or exclude any part of the Contract, it must expressly set out such matters in ATTACHMENT 6 – Alternative Tenders and not elsewhere in its Tender.

4.1.4 Notwithstanding sections 4.1.1 – 4.1.3 of this RFT, the Territory reserves the right to alter provisions of the contract and the form of contract if an alternative is determined to be more appropriate.

4.2 Insurance

4.2.1 The preferred Tenderer is required to hold insurances of the types and to the values as set out in Contract Information Items 9 and 10.

4.2.2 If specified in Contract Information Item 9 that the Territory will arrange insurance of the Works and/or public liability:

(1) the Territory will provide a copy of the insurance policy upon request;

(2) the successful Tenderer is not required to allow for payment of premiums for this insurance of the Works and/or public liability; and

(3) the successful Tenderer will be responsible for paying all excesses in relation to the policy.





4.3 Development application / Building approval

4.3.1 The successful Tenderer must obtain building approval from the ACT Planning and Land Authority.

4.4 Provisional Allowances

Not used

4.5 Subcontractors not approved

Acceptance of a Tender by the Territory does not constitute a consent to a proposed subcontractor or subcontracted work under clause 2.4 of the General Conditions of Contract.

4.6 Preferred Subcontractors

Not used

4.7 Cost adjustment

The work under the Contract is not subject to cost adjustment for labour and materials.

4.8 Local Industry Participation

The ACT Government is committed to ensuring competitive local businesses are given every opportunity to compete for government contracts. The Canberra Region Local Industry Participation Policy (LIPP) sets out the process and requirements for ensuring opportunities for local industry participation in Territory procurements. The LIPP aims to promote the development and growth of the broader Canberra Region economy to support local businesses capabilities and ultimately support more local jobs. Tenderers should inform themselves about the requirements of the LIPP by reviewing the policy which can be accessed on the Procurement ACT website https://www.procurement.act.gov.au/canberra-region-lipp. Refer to the relevant weighted Assessment Criterion, above.

4.9 Secure Local Jobs Code

The ACT Government has changed the way it awards contracts to support businesses that do the right thing by their workers. Secure Local Jobs strengthens the ACT Government’s procurement practices so its contracts are only awarded to businesses that meet high ethical and labour standards. The new requirements apply to businesses tendering for construction, cleaning, security or traffic management work of any value (other than excluded services or works) from 15 January 2019 and for services or works valued at $200,000 or more that are primarily for labour (other than excluded services or works) from 7 November 2019, and will create fairer procurement processes for ethical employers whilst holding to account business not meeting their industrial and legal obligations. Tenderers should inform themselves about the requirements of Secure Local Jobs by reviewing the policy which can be accessed on the ACT Procurement website https://www.procurement.act.gov.au/securelocaljobs.

https://www.procurement.act.gov.au/canberra-region-lipp

https://www.procurement.act.gov.au/securelocaljobs



Refer to the relevant threshold Assessment Criterion and weighted Assessment Criterion, above.

4.10 Secure Local Jobs Code Certification

4.10.1 Tenderers must maintain currency of a Secure Local Jobs Code Certificate at all times during the Tender validity period, and the Territory may not consider (or not continue to consider) a Tender further if the Tenderer fails to maintain a current Secure Local Jobs Code Certificate.

4.10.11 The Tenderer must hold a Secure Local Jobs Code Certificate as a precondition to entering into contract with the Territory.

4.11 Project Management and Reporting System

PMARS is currently not used for this contract. However, the successful Tenderer(s) may be required to utalise the PMARS System prior to, or during the contract period.

PMARS is the Territorys Project Management and Reporting System. It facilitates the transmission of technical and commercial information through an internet interface, including management of documentation and invoicing. The interface does not require the installation of software or electronic integration

Should it become a requirement, the Successful Tenderer will be fully supported in transitioning to PMARS and will also have access to a helpline and user support through the life of the Contract(s). For further information visit: https://www.act.gov.au/majorprojectscanberra/procurement/pmars

4.12 Qualifications, Training and Knowledge

The preferred Tenderer will be required to ensure that all employees are adequately supervised to ensure that all Works are delivered in accordance with the requirements of the Contract, and any relevant legislation and Australian Standards.

5.1 Site Information

5.1.1 Site Information documents are provided for the information only of the Tenderer and the Tenderer agrees that it will not rely in any way upon the Site Information documents for the purposes of preparing its Tender or entering into any contract with the Territory (refer to Standard Conditions of Tender).

5.1.2 Site Information documents are included in ATTACHMENT 12

5 ADDITIONAL CONDITIONS OF TENDER

5.1 Financial information

The Territory may at its discretion require the preferred Tenderer (or any subsequently preferred Tenderer) to submit additional information for the purpose of the Territory assessing the preferred Tenderer’s financial capacity and viability to provide the Services, which may, for



example and without limitation, include the information required in the Contractor/Consultants Financial Assessment Kit located on the Major Projects Canberra webpage at https://www.act.gov.au/majorprojectscanberra/procurement/prequalification/applying-for-act-prequalification

5.2 Security of documents

Not used

5.3 Construction Industry Compliance

Tenderers are directed to section 25 of the Standard Conditions of Tender.

5.4 Site Inspection or Industry Briefing

Tenderers are invited to attend a non compulsory site inspection to be held on Monday 18/11/2019 commencing at 3:30pm Tenderers are requested to meet at the site. The site inspection is anticipated to take approximately 45 Minutes.

5.5 Information Session

Not used

5.6 Prequalification

5.6.1 Tenderers must maintain their prequalification to the required level at all times during the Tender validity period, and the Territory may at its discretion not consider (or not continue to consider) a Tender further if the Tenderer fails to maintain its prequalification to the required level.

5.6.2 The preferred Tenderer and applicable Sub-contractors must be prequalified to the required level as a precondition to entering into contract with the Territory.

5.7 Amendments to the Standard Conditions

Not used

6 TENDERER DECLARATION

6.1.1 Tenderers must complete and submit with their Tenders the Tenderer Declaration in the form provided at ATTACHMENT 5 to this RFT.

6.1.2 The Tenderer must be a legal entity and must provide, if the Tenderer is:

(1) a corporation, the registered name of the corporation, address of its registered office, address of its principal place of business and its ACN;

(2) a person, the name in full and address of the person;

(3) a partnership, the name in full and the address of each member of the partnership, the trading name of the partnership, and its ABN;

https://www.act.gov.au/majorprojectscanberra/procurement/prequalification/applying-for-act-prequalification

https://www.act.gov.au/majorprojectscanberra/procurement/prequalification/applying-for-act-prequalification



6.1.3 Failure to submit the completed Tenderer Declaration or to supply required information (unless information is specified by a Tenderer to be “Not Applicable”) may render a Tender non-conforming.

7 CONFIDENTIAL TEXT 7.1.1 Tenderers are requested to submit with their Tender a form substantially in the form of

ATTACHMENT 7 if it wishes to specify any information it believes is confidential in accordance with and for the purposes specified in the Standard Conditions.

7.1.2 The Territory will be entitled to assume the Tenderer does not believe any information

is confidential for the purposes of the Standard Conditions if the Tenderer does not submit a form substantially in the form of ATTACHMENT 7.

8 LODGEMENT OF TENDERS

8.1.1 Tenders must be lodged electronically via Tenders ACT. A Tender lodged by any other means including by hand, facsimile or email will be considered non-conforming.

8.1.2 Tenderers must register on Tenders ACT in order to lodge a Tender.

8.1.3 Tendered files must be lodged, as applicable, in the following formats: (1) PDF; and/or

(2) Microsoft Word; and/or

(3) Microsoft Excel; and/or

(4) AutoCAD (dwg)..

8.1.4 Tendered files must not exceed 100 MB in size.

8.1.5 All enquiries in relation to this RFT must be directed in writing to the Contact Officer on the front page of this RFT.

8.1.6 All queries and requests for technical or operational support in relation to Tenders ACT should be directed to:

Tenders ACT Team Telephone: 02 6207 7377

International: +61 2 6205 9797 Email: [email protected]

8.1.7 The Tenders ACT Team is available between 9 am and 5pm ACT local time, Monday to Friday (excluding ACT and national public holidays).

mailto:[email protected]



8.1.8 Below is a list of actions and/or information that Tenderers should review prior to submitting their Tender. This list may not be complete and Tenderers should rely on their own inspection of the Standard Conditions and this RFT.

Tender submitted on time

All Assessment Criteria addressed

Completed and signed Tenderer Declaration, Attachment 5

Completed Pricing Schedule, Attachment 2

Completed Alternative Tender Schedule (if alternative Tenders are permitted under this RFT, and the Tenderer wishes to submit an alternative Tender), Attachment 6

Completed tender program

Completed Confidential Text Schedule (if the Tenderer wishes to specify any confidential text), Attachment 7

Respondent holds a Secure Local Jobs Code Certificate (if applicable)

Ethical Suppliers Declaration (if required) Attachment 11

Economic Contribution Text or Local Industry Participation Plan (as applicable)

Labour Relations, Training and Workplace Equity Plan (as applicable)

Evidence of Contractors Insurances



ATTACHMENT 1 – STATEMENT OF REQUIREMENTS

This ATTACHMENT 1, Statement of Requirement (SOR), and ATTACHMENT 12, Contract Documents, provides project specific requirements and is to be read in conjunction with the ACT modified version of MW21 contract and all other contract information provided in this RFT including the Special Conditions of Contract at ATTACHMENT 9.

1.1 Project Objectives

The general requirements involve the demolition, removal and disposal of all infrastructure, waste material and vegetation on Block 17 Section 1 Phillip, see plans, ATTACHMENT 12 Contract Documents,.

Sequentially, the preferred contractor will be required to:

1.1.1 In accordance with the Contractors endorsed Asbestos Removal Control Plan and the Territorys Development Approval, the contractor will be required to safely remove and dispose of all friable asbestos within each building and surrounding building footprint and ensure other hazardous substances (such as refrigerant, PCBs, Lead etc) are removed and disposed in accordance with the legislation;

1.1.2 Sequentially demolish and dispose of buildings, external structures and infrastructure, commencing with buildings and structures such as covered pathways that are not contaminated. Remove and dispose of the pavements; redundant underground services, and poor-quality trees from the site in accordance with established guidelines and DA requirements. Car parks are to remain;

1.1.3 Engage a Territory Certified and Prequalified Class A Asbestos Removal Supervisor who can be present when the work is being carried out and a Licenced Asbestos Assessor;

1.1.4 All buildings with the exception of Building J Annexe,which was built post 1995, are to be fully encapsulated (ie plastic all the way to the ground) unless otherwise approved in writing by the PAP;

1.1.5 On completion of the Demolition of each building and following receipt of the post-demolition Clearance Certificate a Territory-engaged Soil Validator will conduct a Soil Audit (see DA, ATTACHMENT 12 Contract Documents). The exception is Building J Annexe, which should be demolished first, but will not require a soil validation.

1.1.6 The soil validation process is to occur immediately after the demolition of each building has been completed, all visible asbestos has been removed and a



licensed asbestos assessor has issued the post demolition asbestos clearance certificate, which indicates the site is safe for reoccupation by workers. Should a hot spot be identified , priority should be given to remediate the area and the site retested by the Territory’s Soil Validator;

1.1.7 The Contractor shall allow in its pricing to oversee site access for the Territory’s Soil Validator and to have its licenced Asbestos Assessor prepare a plan of the demolition work area;

1.1.8 Ensure appropriate decontamination facilities, dust suppression equipment, air monitors and appropriate waste containment and disposal procedures are in place;

1.1.9 Provide appropriate training and ensure all asbestos removalists have undertaken the relevant units of competency associated with the works;

1.1.10 The Territory will be responsible for Tip Fees for waste that is disposed of at a Territory Waste Management Facility. Contractors will be required to provide records of its authorised truck movements from the site and weighbridge dockets for all waste disposal to the PAP;

1.1.11 The Territory is not responsible for costs relating to delays in works due to tip closures during inclement weather events or other known or unforeseen circumstances that prohibit the contractors ability to dispose of waste. However extension of time may be approved;

1.1.12 Install temporary erosion control measures and a sediment retention pond, which are both to remain on site after handover;

1.1.13 Maintain approved Temporary Traffic Management Services through duration of the works;

1.1.14 Engage an EPA approved independent Environmental Auditor (contaminated sites) to develop a site audit statement and provide assessment outcomes, remediation and validation procedures across the entire site and including the car parks, to establish the sites suitability for future development;

1.1.15 The Site Suitability Audits are to commence early in the program, so that the final Site Suitability Report does not delay handover of the final site back to the Territory;

1.1.16 Provide to the EPA for review; a copy of the Auditor’s draft audit report and draft site audit statement regarding the site’s suitability for its permitted uses; Provide the PAP with the EPA endorsed Site Suitability Report for proposed and permitted uses of the site prior to hand over;



1.1.17 On completion of successful soil validation of the final structure on the site, the contractor is to ensure it is free draining, generally left in a level, safe and stabilised condition and suitable to be walked on by the general public (no trip hazards, ankle breakers etc); NOTE: the contractor is NOT required to provide topsoil, grading or dryland grass.

1.2 Other Responsibilities

In addition to the Documents provided to the Contractor in the ACT modified version of MW21 contract and the contract information provided in the RFT and this Statement of Requirement, the Contractor will be responsible for:

1.2.1 The Territory will arrange electricity abolishment, however the contractor must satisfy itself that all utility services are disconnected and any alarms are disarmed prior to commencement

1.2.2 Contractor is to provide ongoing regular Communication both with the PAP and the local community to ensure up-to-date information regarding the works on site is sensitively disseminated and managed, particularly in consideration of nearby Social Housing Residents and Canberra Hospital Patrons;

1.2.3 The proposed works will be subject to a Construction Environment Management Plan, which will detail the proposed unexpected finds protocol and appropriate Erosion Control to meet site size and conditions. This will be prepared and endorsed by the EPA prior to commencement of demolition;

1.2.4 Prepare and/or arrange approvals including all fees and charges levied by the relevant authorities; for required documents, plans and other necessities as listed in the Development Approval at ATTACHMENT 12 Contract Documents;

1.2.5 Attend toolbox meetings and project meetings weekly or as as requested;

1.2.6 Prepare and submit monthly Work Health Safety Reports at ATTACHMENT 12

Contract Documents;

1.2.7 Submit weekly progress updates and updated programs via email, as required to the Principal’s Authorised Person (PAP);

1.2.8 Advise the PAP by phone and email, of any WHS issues, incidents, injuries , community concerns, amendments, or delays to the scheduled work plan immediately upon it becoming apparent. EPSDD is also to be advised of any notifiable WHS incidents;

1.2.9 On a building by Building Basis, commencing with Building J Annexe and other areas deemed non contaminated; provide a Post Demolition Asbestos



Clearance Certificate and Soil Validation report, for each individual building prior to commencing the demolition of the next building;

1.2.10 Completion of Stage A requires partial handover of the site to the Territory when approximately 50% of the site has been demolished, cleared and validated.

1.2.11 The Territory will consult and confirm with the Preferred Contractor regarding the most suitable points for delineation; This will enable handover of Stage A to the Territory for future staging and is listed as Milestone 3 in Contract Documents Item 3. A draft concept has been provided with suggested point of delineation in Contract Documents, ATTACHMENT 12;

1.2.12 On completion of Stage B the contractor is to have completed demolition, remediation and soil validation audits to 100% of the buildings and site. Completion of Stage B is listed as Milestone 4 in Contract Documents Item 3;

1.2.13 The Territory has provided the following 2 reports at ATTACHMENT 12 Contract Documents, to assist Contractors:

Asbestos Survey and and Management Plan, Robson, 2018; and

L&D, Intrusive Hazardous Materials Report April 2019.

1.2.14 The Contractor is to include in its Lump Sum Tender price, the costs associated with the appropriate removal and disposal of all known, assumed and presumed asbestos materials, other contaminated products as listed in the Robson and L&D reports provided at ATTACHMENT 12 Contract Documents, and that which would be reasonably expected to be associated with a building of this age and construction;

1.2.15 Contractors remain responsible for making their own enquiries and organising and implementing processes and safeguards that meet with EPA, NOWaste and WorkSafe regulations and policies prior to accessing the site, removing asbestos or other hazardous waste;

1.2.16 Provide the EPA endorsed Site Suitability Report and a Certificate of Occupancy upon final completion of the demolition works.

1.3 Items to be cleaned and returned to Building Owner

1.3.1 The buildings are currently monitored with CCTV monitors, fire and security systems. These systems will remain in place until such time as the successful contractor has control of the site. On confirmation by the contractors Asbestos Assessor that these items have been environmentally cleaned and are safe for



reuse, the contractor is required to return them to the PAP prior to demolition commencement;

1.3.2 Any items listed below that are not endorsed for reuse by the Contractors Asbestos Assessor, must be reported to the PAP prior to the demolition commencement;

1.3.3 Please see below a list of equipment:

Two CCTV Digital Video Recorders located on ground floor D block room D16.

Two Computers and two monitors for CCTV system and security system

located in room D16.

CCTV cameras internal and external throughout the campus.

Security data gathering panels labelled “General Electric Tecom Challenger”

located in switchboards in all buildings total of eight.

Security access system four door controllers, located in switchboards and

ceilings above switchboards total of 12.

Fire Panel and fire alarm monitoring equipment belonging to ADT Fire located

in corridor building A.



1.4 Building list and schedule of area (Wilde and Woolard, 15/12/2017)



ATTACHMENT 2 – PRICING SCHEDULE

1.1 Form of Tender

Tenderer to complete

I/We Tender to perform the work for the Contract Price:

($…………………………………………………………) including GST

Being the sum of The Total Lump Sum in Item 1.2;

1.2 Breakdown of Lump Sum Contract Price

This breakdown is for tender evaluation purposes and will not limit or affect the scope of the Works or the Contract.

All amounts must include an amount for GST.

item Description Demolition and Disposal Costs

Asbestos Removal

Costs

Total Per Building

1 Building A

2 Buidling B

3 Building C

4 Building D

5 Building E

6 Building F

7 Building G

8 Building J

9 Building J Annexe

10 Provision of Management Plans Regulatory Approvals and Reports

11 Preliminaries (shed/toilet/sundries)

12 Recycling of materials



13 Installation of territory branded fence wrap and signage

14 Profit and Offsite over heads

15 Final Site clearances, Certificate of Demolition, and Site Suitability Report

16 Other

Sub total INC GST

Total (lump sum tendered including GST )

The Total (lump sum tendered including GST) is to equal the Contract Price shown in the Tenderer’s Offer in ATTACHMENT 5 of this RFT. If there is any uncertainty in the tendered price due to a discrepancy, the Contract Price shown in the Tenderer’s Offer will take precedence.

$ ……………….….…. (Including GST)

1.3 Schedule of Rates

Not used

1.4 Table of variation/daywork rates and prices

Not used



ATTACHMENT 3 – SCHEDULE OF PROVISIONAL ALLOWANCES

Not Used



ATTACHMENT 4 – SCHEDULE OF DESIGN AND DOCUMENTATION RESOURCES Not used



ATTACHMENT 5 – TENDERER DECLARATION

(1) I, the undersigned, am authorised on behalf of the Tenderer to provide the information and make the declarations set out in this Tenderer Declaration.

(2) I/We tender to the Territory for the Demolition and Remediation of Section 01 Block 17 on behalf of the Environment Planning and Sustainable Development Directorate at the GST-inclusive prices specified in the Tenderers Offer and Item 3. .

(3) I/We have provided details of any information I/we wish to be treated as confidential in any resulting contract substantially in the form of ATTACHMENT 7, in accordance with the Standard Conditions of Tender.

(4) I/We undertake to provide evidence insurance policies if requested by the Territory.

(5) I/We undertake to provide financial information if requested by the Territory.

(6) In accordance with the Standard Conditions of Tender I/We authorise the Territory to:

(a) obtain from any Territory, State or Commonwealth government agency (including any regulatory or law enforcement body, including without limitation WorkSafe ACT) and take into account in the evaluation, information including information about the Tenderer’s performance and/or compliance during any previous or current contracts for similar services as those sought in the RFT;

(a) obtain and take into account in its evaluation, information from referees on prior or current projects on which the Tenderer was involved (whether or not the referee was nominated by the Tenderer in its Tender); and

(b) provide this Tenderer Declaration to any Commonwealth, State or Territory government agency (including any regulatory or law enforcement body) as evidence of the Tenderer’s consent to allow that agency to release the relevant information, if consent is required.

(7) I/We have sighted all addenda to this RFT.

(8) I/We accept (without departure, qualification, amendment, limitation or exclusion) the Contract.

(9) I/We confirm that I/We have complied with the National Code of Practice for the Construction Industry or, if required under this RFT, the Building Code 2016 in preparing this Tender.

(10) I/We agree that the Tender is open for acceptance by the Territory for a period of 120 days or such other period as specified in this RFT.

(11) I/We warrant that in preparing the Tender I/We did not communicate or have any arrangement or arrive at any understanding with any of the other Tenderers to assist Me/Us or another Tenderer prepare a tender, including that we did not engage in any discussion or correspondence concerning the prices included in our Tender, or engage in any collusive tenderering with any of the other Tenderers, or any other conduct which in any way reduced or could have the effect of reducing the competitiveness of the tender process for the Works.



(12) I/We warrant that as at the closing date of Tenders, the Tenderer, its officers, employees, agents, subcontractors, consultants and advisers do not have any actual, potential or perceived conflicts of interest between the interests of the Territory and the Tenderer other than as specifically disclosed in the Tender and I/We undertake to immediately notify the Territory’s Contact Officer of any actual, potential or perceived conflicts of interest that arise before the completion of this procurement process.

(13) I/We acknowledge that the information contained in the Particulars below will be included in any contract if accepted by the Territory, should I/We be the preferred Tenderer.

Item 1: Tenderer’s details

Full Name and / or Name of Company AND Trading Name (Business Name) (if different)

ACN (Australian Companies Number) AND ABN (Australian Business Number)

Registered Business Address Postal Address

State P/Code State P/Code

Telephone No Mobile No Facsimile No Email address

Name of ACT Professional Standards Scheme

(if any)

Upper Limit of capped Professional Indemnity Liability Insurance (if any)

Tenderer's Representative (include telephone number)

Position Held by Tenderer's Representative

Signature of Director if corporation else Tenderer

Printed Name



Date

Signature of 2nd Director if corporation else Witness

Printed Name



ATTACHMENT 6 – ALTERNATIVE TENDER The Tenderer must demonstrate how an alternative Tender will achieve greater value for money. To assist the Territory in evaluating an alternative Tender, the Tenderer must provide a brief explanation of each alternative Tender and provide supporting evidence (for example, details of the alternative, technical descriptions, costing information, program information, technical specifications, testing information, data and any other relevant information). The Tenderer must also clearly explain the impact that any alternative will have on the information provided in the Tender. Tenderers are requested to provide the following information.

CONDITIONS OF CONTRACT

CLAUSE ALTERNATIVE EFFECT ON PRICING

EFFECT ON PROGRAM

SUPPORTING INFORMATION

EFFECT ON OTHER TENDER SCHEDULES (IF ANY)

VALUE FOR MONEY

SPECIAL CONDITIONS

CLAUSE ALTERNATIVE EFFECT ON PRICING

EFFECT ON PROGRAM



VALUE FOR MONEY

BRIEF

DOCUMENT TITLE, REFERENCE ETC

ALTERNATIVE EFFECT ON PRICING

EFFECT ON PROGRAM

EXPLANATION AND SUPPORTING EVIDENCE


VALUE FOR MONEY

OTHER

REFERENCE ALTERNATIVE EFFECT ON PRICING

EFFECT ON PROGRAM



VALUE FOR MONEY



ATTACHMENT 7 – CONFIDENTIAL TEXT The Tenderer is requested to identify in the following format any information provided in the Tender in relation to which the Tenderer would, if that information were included in the Contract, request be confidential text for the purposes of the Government Procurement Act 2001 (ACT).

Tender Reference

Description of Text

Basis for Tenderer’s Claim

(per Government Procurement Act 2001, Section 35)

Reasoning

35

(1)(

a)(i

)

35

(1)(

a)(i

i)

35

(1)(

a)(i

ii)

35

(1)(

a)(i

v)

35

(1)(

a)(v

)

35

(1)(

a)(v

)

35

(1)(

b)

Example for par (a) (ii) intellectual property including software source codes Example for par (a) (iii) information on the design and operation of goods Examples for par (a) (iv) hourly rates, on-costs and management fees; individual components of the total contract price Examples for par (a) (v) construction plans for a correctional facility or law enforcement facility; information about design, construction or operation of major infrastructure or public works Example for par (b) a failure to comply with the requirement would create an action for breach of confidence



ATTACHMENT 8 – CONTRACT INFORMATION

ITEM 1. AUTHORISED PERSON

Mentioned in Clause 1.1 and 2.9

FOR THE PRINCIPAL:

The Authorised Person is:

Ben McDuff

Title: Senior Project Manager

Office address: (for delivery by hand)

Level 2 Nature Conservation House, Cnr Benjamin Way and Emu Bank Belconnen 2617

Postal address: (for delivery by post)

ACT Procurement, GPO Box 158 CANBERRA ACT 2601

Telephone number: 0403 531354

Facsimile number: Not used

Payment claims address: Attention: Ben McDuff (IDP)

Environment Planning and Sustainable Development Directorate (EPSDD)

GPO 158 Canberra city 2601

e-mail address: [email protected]

and

[email protected]

The Principal may for any reason and at any time change its Authorised Person by giving notice in writing. On completion of the works and prior to handover at Milestone 5, The Contractor’s Documents are to be provided by email to the Principals Authorised Person. The Contractors documents must include the following:

FOR THE CONTRACTOR:

The Authorised Person is:

» [To be confirmed by preferred Tenderer]

Title: » [To be confirmed by preferred Tenderer]







Telephone number: » [To be confirmed by preferred Tenderer]

Facsimile number: » [To be confirmed by preferred Tenderer]

e-mail address: » [To be confirmed by preferred Tenderer]

ITEM 2. PURPOSE OF THE WORKS

Mentioned in Clause 3.4

The purpose of the Works is: The purpose of the Works is to remove all hazardous materials, demolish all existing structures and infrastructure, and as further described in ATTACHMENT 1 and 12.

If no purpose is stated, then the purpose of the Works is as reasonably inferred from the Contract Documents.

ITEM 3. MILESTONES


Milestone Number

Description Time to give access to the Site

Time Period for Completion

1 Contract Commencement must include but is not limited to

Provision of approved Management Plans Regulatory Approvals, Reports and notifications.

7 days after the Date of Contract

4 weeks from date of contract

2 EPA approval of Site Suitability Plan.

8 Weeks from date of contract

3 Completion of Stage A

50% Completion of Site Suitability Audits

10 weeks from completion of Milestone 1

4 Completion of Stage B,

90% Completion of Site Suitability Audits

16 weeks from completion of milestone 1

5 Final Handover of site:

2 Weeks from completion of milestone 4



ITEM 4. POST COMPLETION PERIOD


The Post Completion Period, which starts when the work under the Contract reaches Completion, is:

» 12 months.

ITEM 5. PRINCIPAL


The Principal is: The Australian Capital Territory, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cth) represented by Infrastructure Delivery Partners Group, Major Projects Canberra.

All correspondence to the Principal is to go to the address of the Principal’s Authorised Person.

ITEM 6. SENIOR EXECUTIVE


The Senior Executive is: Rebecca Power

A/g Executive Branch Manager

Commercial Infrastructure Branch

Where specified, documents must be copied to the Principal’s senior executive at the address or number shown here.


Level 2 Nature Conservation House, Cnr Benjamin Way and Emu Bank Belconnen 2617


ACT Procurement, GPO Box 158 CANBERRA ACT 2601

Telephone number: 02 6205 4418

Facsimile number: Not used

e-mail address: [email protected]



The Principal may for any reason and at any time change the Senior Executive by giving notice in writing.

ITEM 7. EXTENT OF DESIGN


The Contractor is to complete the Principal’s design to the extent of:

Prepare documentation, submit via email, and/or coordinate approval of:

• Full program of the works

• Demolition/WHS/Risk Plans

• Traffic Management Plans

• Land and Tree Management Plan

• Sediment and Erosion Control Plan

• Asbestos Removal Control Plan

• Waste Management and Recycling Plan

• Dilapidation Report

• Soil Validation reports

• Site Suitability report

• Update design drawings to show remaining infrastructure;

• Details of any connections to services, ties and disconnection points

• Provide survey to show finished levels; and

• All other plans and reports as required by Legislation or/and Australian Standards Design that is necessary to comply with Clause 3.4

The Contractor is required to submit work as executed drawings in accordance with the Transport Canberra and City Services policy “Requirements for Works as Executed Quality Records”.

A copy of each completed WAE is to be forwarded via to the Principals Authorised Person Prior to handover at Milestone 5.

ITEM 8. DESIGN DOCUMENTS




The time to submit the completed design is: 7 days before it is to be used for construction.

If no time is stated, then it is 14 days before the completed design is to be used for construction.

ITEM 9. WORKS AND PUBLIC LIABILITY INSURANCE


Principal Arranged Public Liability Insurance

Minimum cover: See Policy for details

Insurer: XL insurance Company SE

Policy number: Public Liability Insurance – policy number AU00008060LI19A; and

Period of cover: Until completion of the works

Contractors Arranged Public Liability Insurance

The Contractor is to arrange public liability insurance in the minimum amount of:

$20,000,000 in respect of any one occurrence and $20,000,000 in the annual aggregate.

Period of cover: Until the end of the Post Completion Period

Insurance of the Works is to be arranged by:

The Principal

Minimum Cover See Policy for details

Insurer: XL insurance Company SE

Policy Number: Works insurance – policy number AU00008056CA 19A; and

Period of cover: Until completion of the works




Insurance of the Works is to be arranged by: the Principal

ITEM 10. PROFESSIONAL INDEMNITY AND OTHER INSURANCE

Mentioned in Clause 5.4 Professional indemnity insurance

Is a professional indemnity insurance policy to be held by the Contractor and/or relevant subcontractors? Yes/no

YES

Minimum cover: $5 million in respect of each

claim and in the annual aggregate.

Asbestos liability insurance

Is the Contractor required to hold Asbestos liability insurance?

YES

Minimum cover: As required by law.

Marine liability insurance

Is the Contractor required to hold marine liability insurance? Yes/No

NO

Minimum cover: Not applicable

Period of cover: For the duration of the Works

Vehicle and mobile plant equipment insurance



Is the Contractor required to hold vehicle and mobile plant equipment insurance? Yes/No

YES

Minimum cover: For registered vehicles and machinery, third party property damage insurance for not loss than $20 million per occurrence.

Unregistered vehicles, machinery or mobile plan and equipment must be covered by a public liability policy with coverage of not less than $20 million per occurrence.

ITEM 11. SITE ACCESS


As set out in Item 3.

ITEM 12. TIME FOR COMPLETION


As set out in Item 3.

ITEM 13. DELAY COSTS


The rate per day for delay costs is: $1500

ITEM 14. LIQUIDATED DAMAGES


The rate per day for liquidated damages is:

$» nil

If no rate or “Nil” or “0” or “N/A” is stated, then common law damages apply.

ITEM 15. PAYMENT CLAIMS




Contract Price at the Date of Contract:

[To be completed following identification of preferred Tenderer]

Payment claims are to be made:

Monthly on progressive completion of the scope.

ITEM 16. CONDITIONS OF SITE ACCESS

Mentioned In Clause 6.4

Limitations to Site access

Principal’s access

The Contractor must provide safe access to the Site and adjacent premises for the Principal and authorised persons notified to the Contractor by the Principal.

Specific requirements

The Contractor must: (1) implement a security system to prevent unauthorised entry to restricted areas and

the worksites. In particular, all Contractor’s personnel liaise with proposed Principal’s Authorised Person and building management personnel to identify the security requirements for the buildings involved and comply with these requirements. In particular, all personnel accessing the active work site, as a minimum, must hold Asbestos Awareness Certificate, a White Card and wear appropriate PPE.

ITEM 17. WORKING DAYS AND HOURS

The Contractor is to carry out the Works between 7am and 5pm, Monday to Friday inclusive, and 7am to 12pm Saturdays but excluding public holidays in the Australian Capital Territory.

ITEM 18. PROGRAM


(1) A program is required.

(2) The program must be submitted within 7 Business Days of the Date of Contract, and otherwise prior to commencing any work under this Contract.

(3) The program must at a minimum address or conform to the following:



(a) show the dates of, or, in the case of future activities and events, the dates for commencement and completion of design and construction activities, other significant events, Milestones and the Works and also include contractual Completion dates;

(b) reflect Scheduled Progress and be consistent with all constraints on access, performance and co-ordination;

(c) show the logical relationship between activities and events shown in the program, identify time leads and lags, resource and other constraints and the sequence of activities which constitute the critical path or critical paths;

(d) show the dates when the Contractor will require information, documents, materials or instructions from the Principal and the dates when the Contractor will provide information or documents to the Principal. These dates are to be consistent with dates which the Principal could reasonably have anticipated at the Date of Contract that this information, documents, materials and instructions would be required and provided;

(e) be in such form and include such detail as the Principal reasonably requires and be accurate, comprehensive and complete in all respects;

(f) show the dates when the Contractor proposes to seek any approvals for statutory requirements and the expected response times for those approvals;

(g) any other matters relevant to the programming of the Works; and

(h) any other matters notified by the Principal to the Contractor from time to time.

ITEM 19. CONFIDENTIAL TEXT

Mentioned In Clause 27

[This Item to be completed following selection of a preferred Tenderer]

ITEM 20. TERRITORY INFORMATION

Mentioned In Clause 26

Not used.

ITEM 21. APPOINTMENT AS PRINCIPAL CONTRACTOR

Mentioned In Clauses 22.1 and 23.1

Clause 23 applies – the Contractor is appointed as Principal Contractor.



ITEM 22. PREFERRED SUBCONTRACTORS


Preferred Subcontractors referred to in clause 8.9 together with the specified trade or area of work:

Not Applicable

END OF SECTION – MW21 GENERAL CONDITIONS OF CONTRACT AND CONTRACT INFORMATION



ATTACHMENT 9 – SPECIAL CONDITIONS OF CONTRACT

In these Special Conditions the following definitions apply unless the context otherwise requires: Commissioning and Handover Plan

if required under these Special Conditions, means the commissioning and handover plan prepared by the Contractor and finalised under these Special Conditions which must set out in adequate detail the procedures the Contractor will implement to manage the Contractor's activities from a commissioning and handover perspective to ensure:

(a) the smooth handover of the Works to the Territory; and

(b) that all required planned and unplanned maintenance is provided during the Post-Completion Period (if required under these Special Conditions),

in accordance with the Contract.

Other Contractor any contractor, consultant, artist, tradesperson or other person egaged or permitted to do work at the Site other than the Contractor and its subcontractors.

Item 1. Audit and review

The Contractor must make available, on request, all records, including those of or relating to Subcontractors or suppliers, relevant to compliance with requirements of the Contract, for the purposes of audit, review (including peer review) or surveillance. The Contractor must provide all reasonable assistance during the audits or reviews including attendance by the Contractor.

The Contractor must promptly implement effective corrective action on matters disclosed by audit or review.

Item 2. Prequalification

The Contractor must maintain its prequalification with the Territory to a minimum of D F5; or

a) hold a current ACT prequalification to a minimum of CB F5 or CB (restricted) F5 and hold a Builders Licence endorsed for Demolition Work; or



b) hold a current ACT prequalification to a minimum of CB F5 or CB (restricted) F5 and, at time of tender, provide details of their nominated demolition subcontractor who must hold prequalification to a minimum of D F5;

or a suitable corresponding prequalification under the National Prequalification Scheme for the duration of the project, until handover of the last Post-Completion Undertaking.

Item 3. Development/Building consent/Approvals

The Contractor must obtain Building Approval from the ACT Planning and Land Authority. To the extent the Site includes any public unleased land the Contractor must obtain approval from Transport Canberra and City Services.

Item 4. Contractor’s tender concept/design

In these Special Conditions, “Contractor’s Documents” means all drawings, specifications, calculations and other documents and information which the Contractor must produce to design and construct the Works in accordance with the Contract, meeting the following requirements of the Contract, the Principal’s directions, any statutory requirements, the National Construction Code (if applicable), relevant Australian Standards and, if no other standard is specified in the Contract, then good industry standards applicable to the Works.

Item 5. Inclusions in the Contractor’s documents

The Contractor’s Documents must include, without limitation:

• Full program of the works

• WHS/Risk Plans

• Certified Traffic Management Plans

• Land and Tree Management Plan

• Sediment and Erosion Control Plan

• Asbestos Removal Control Plan

• Waste Management and Recycling Plan

• Dilapidation Report

• Soil Validation reports

• Building applications

• Site Suitability report

• Clearance Certificate



• Certificate of Occupancy /Demolition

Preparation of a Demolition Work Plan, incorporating:

- Details of any site assessment required and summary of site, structures and surrounds;

- Process methods and sequence that will be used for the Project;

- Communication and emergency management; and

- Site specific Work Health Safety Plan, Risk Management Plan;

Preparation of all supporting documents required to obtain Worksafe ACT agreement to the Safety Plan and Asbestos Removal Control Plan (ARCP);

Other documents as required by applicable Standards, Regulations, Statutory Authority, Law, legislation.

Item 6. Work as executed drawings

The Contractor must progressively produce work as executed drawings and submit work as executed drawings showing work which has been completed within 28 days of completion of that work. The Contractor must endorse each drawing certifying accuracy and correctness.

The Contractor is required to submit work as executed drawings in accordance with the Transport Canberra and City Services policy “Requirements for Works as Executed Quality Records” located at: https://www.tccs.act.gov.au/__data/assets/pdf_file/0005/397256/TCCS-Ref-08-Final-Draft-V3-5.pdf

Transport Canberra and City Services policy ‘Requirements for Works as Executed Quality Records’ are located: https://www.tccs.act.gov.au/Development_and_Project_Support/standards-codes-and-guidelines/page/tccs_reference_documents The Work as executed drawings must include but is not limited to

• Cover sheet with: project title information; a location plan; and a list of all drawings including any sub-consultant drawings.

• Update design drawings to show remaining infrastructure;

• Details of any connections to services, ties and disconnection points

• Provide survey to show finished levels; and

• All other plans and reports as required by Legislation or/and Australian Standards Design that is necessary to comply with Clause 3.4

https://www.tccs.act.gov.au/__data/assets/pdf_file/0005/397256/TCCS-Ref-08-Final-Draft-V3-5.pdf

https://www.tccs.act.gov.au/__data/assets/pdf_file/0005/397256/TCCS-Ref-08-Final-Draft-V3-5.pdf

https://www.tccs.act.gov.au/Development_and_Project_Support/standards-codes-and-guidelines/page/tccs_reference_documents

https://www.tccs.act.gov.au/Development_and_Project_Support/standards-codes-and-guidelines/page/tccs_reference_documents



The Contractor is required to submit work Specification (in NATSPEC format). A copy of each completed WAE is to be forwarded via to the Principals Authorised Person Prior to handover at Milestone 5.

Item 7. Priced Builder’s Bill of Quantities

Not used

Item 8. Order of work

Not used

Item 9. Existing services

Before commencing work,

The Territory has commenced for the abolishment of Water, Electricity and Gas at the site. The succesful tenderer will be responsible to take over the coordination with the appropriate authorities to ensure that all of the abolishments are completed prior to commencement of demolition. Temporary water will be available (see ICON Drawings at ATTACHMENT 12). However, the contractor will be responsible for any temporary power supply.

The Contractor will be responsible for ensuring the safe conduct of the works prior to commencement on the site and shall liaise with controlling utility authorities, including using Dial Before You Dig (DBYD) and undertake any necessary intrusive investigation (potholing etc), to identify the locations and details of any existing services in or adjacent to the works prior to comemncement. Services must be protected and reinstated if damaged at the Contractor’s expense.

The Contractor is also responsible for making its own assessments in regard to confirming the abolishment of services and location of services prior to commencing works. The Contractor is to liaise with the Principal Authorised Person and all authorities and shall incorporate all requirements in respect to timing and programming for the works.

Engineering services which may be present on or adjacent to the site include, but are not necessarily limited to:

b) Stormwater

c) Water

d) Electricity

e) telecommunications

f) Gas



g) Sewer

The Contractor is to liaise with all utility service providers prior to any planned interruptions and/or decommissioning or intentions to interrupt and/or decommission existing utility services. The Contractor shall be responsible to issue notice to affected stakeholders/businesses etc. and the PAP of all approved service interruptions. A minimum of 3 weeks’ notice is to be issued.

Locating Existing Services

The Contractor is responsible for locating all services.

Dial Before You Dig

Before commencing excavation the Contractor must obtain, from the Dial Before You Dig information service or relevant public authorities or owners of underground services, written confirmation of the exact positions of all underground services at and around the Site, and verify and prominently mark the locations of the underground services on the Site.

Dealing with Existing Services

Existing services (such as drains, watercourses, public utilities, telecommunications and other services) obstructing the Works or if damaged in the course of the Contract, must be dealt with by the Contractor as follows:

if the service is to be continued: repair, divert, relocate as required;

if the service is to be abandoned: cut and seal or disconnect and make safe as required.

Cost and Delay

Where an existing service obstructs the Works and requires diversion or relocation, the Contractor must bear all resulting costs and delays except to the extent that the Contractor is entitled to an adjustment of the Contract Price or payment for a Variation in accordance with General Conditions of Contract clause 6 - Site Conditions.

Where an existing service is damaged by the Contractor for any reason whatsoever, the Contractor shall bear all costs and any delays for repairing or disconnecting the service.

Notification

The Contractor must notify the Principal immediately upon the discovery of services obstructing the Works not shown in the Principal’s documents.

Item 10. Dangerous substances on Site



1) The Contractor's activities include the removal of all material defined or listed in the Dangerous Substances Act 2004 (ACT) as “dangerous substances” on the Site, including, without limitation, conducting any surveys necessary to determine the full extent of such material and any required monitoring during the removal of any such material.

2) The site has been classified as containing Friable Asbestos. Contractors are to comply with the How to Safely Remove Asbestos Code of Practice throughout the works.

3) The Contractor is to engage appropriately qualified ACT licenced Class A Asbestos

removalist contractors and Class A asbestos assessors to develop an Asbestos Removal Control Plan for works, including the removal and safe transport of Asbestos and any other contaminated or hazardous waste, and its disposal to a landfill lawfully permitted to receive such waste. NOTE: The Territory will be reponsible for tip fees associated with waste disposal at Mugga Lane Resource Management Centre (or other Territory owned Resource Centre). The Contractor is to make every effort to utalise the most cost effective method of disposal on behalf of the Territory.

4) All building with the exception of Building J Annexe, are to be fully encapsulated

(ie plastic all the way to the ground) unless otherwise approved in writing by the PAP.

5) On completion of the Demolition of each building, following receipt of the post-

demolition Clearance Certificate a (Territory-engaged) Soil Validator will conduct a Soil Audit (see DA ATTACHMENT 12). The exception is Building J Annexe, which should be demolished first, but will not require a soil validation.

6) The soil validation process is to occur after the demolition of each building has

been completed, all visible asbestos has been removed and a licensed asbestos assessor has issued the post demolition asbestos clearance certificate, which indicates the site is safe for reoccupation by workers.

7) The Contractor shall allow in its pricing to oversee site access for the Territory’s

Soil Validator and to have its licenced Asbestos Assessor prepare a plan of the demolition work area.

8) The Contractor will also be responsible for facilitating soil scrapes, potholing,

drilling and undertaking the earthworks necessary for soil sampling in accordance with the Asbestos Removal Control Plan and/or preparation of the Site Suitability Report.



Item 11. Use of dangerous substances

Not used

Item 12. Standards

(a) Where the Contract requires compliance with a standard or Code, unless otherwise specified that Standard or Code shall be the one current at the closing date for tenders, except for the National Construction Code, which shall be the one current at the issuing of the Building Approval.

(b) Where the Contract refers to an Australian Standard it does not preclude the adoption of a relevant international standard.

Item 13. Cleaning up

Not used

Item 14. Samples

Not used

Item 15. Testing

Any testing required to be by an independent authority shall be carried out by an authority registered with the National Association of Testing Authorities Australia (NATA) to perform the specified testing.

Item 16. Proprietary items

Not used

Item 17. Items supplied by the Principal

Not used

Item 18. Plant and equipment details

Not used



Item 19. Environmental Management

In this Item the following definitons apply. Contamination the presence in, on or under land, air or water of a substance

(whether solid, liquid, odour, heat, sound, vibration or radiation) at a concentration at which the substance is normally present in the same locality, that presents a risk of actual or threatened adverse impact on, or damage to, the environment, including harm to human health or any other aspect of the environment, or could otherwise give rise to a risk of non-compliance with any statutory requirement for the protection of the environment.

Environmental Incident

any actual or threatened adverse impact on, or damage to, the environment or Contamination caused by or in relation to the Works.

Environmental Management Plan

a plan prepared by the Contractor under this Item which must set out in adequate detail the procedures the Contractor will implement to manage the Works from an environmental perspective and describing how the Contractor proposes to ensure the Works will be performed consistently with:

(1) the Environmental Objectives;

(2) Special Condition – “Dangerous Substances On Site” (if included); and

(3) any matter notified by the Principal to the Contractor or specified in this Contract, relevant to the environment.

Environmental Objectives

to: (1) encourage best practice environmental management

through planning, commitment and continuous improvement;

(2) prevent and minimise adverse impacts on the environment;

(3) identify the potential for, and respond to, Environmental Incidents, accidents and emergency situations and take corrective action;

(4) identify and control possible environmental hazards associated with the Works;

(5) establish procedures to ensure that no hazardous substance is stored on Territory land without approval;



(6) recognise and protect any special environmental characteristics of a Site (including cultural heritage significance);

(7) define roles and responsibilities for personnel;

(8) ensure environmental training and awareness programmes are provided to employees and subcontractors;

(9) ensure subcontractors implement the Environmental Management Plan (if required);

(10) define how the management of the environment during the Works is reported and performance evaluated;

(11) describe all monitoring procedures required to identify impacts on the environment as a result of the Works;

(12) implement complaint reporting procedures and maintain records of complaints and response to complaints; and

(13) establish and maintain programs and procedures for periodic Environmental Management Plan audits to be carried out.

(a) The Contractor must design and construct the Works under this Contract in

accordance with the Environmental Management Plan.

(b) The Contractor must:

(1) ensure that in carrying out the Works:

(i) other than to the extent identified in writing by the Principal, it complies with all statutory requirements and other requirements of this Contract for the protection of the environment;

(ii) it does not cause any Environmental Incident;

(iii) without limiting paragraph (ii), it does not cause or contribute to Contamination of a Site or other land, air or water, or cause or contribute to any Contamination emanating from a Site;

(iv) it immediately notifies the Principal of:

(A) any non-compliance with this clause;



(B) a breach of any statutory requirement for the protection of the environment;

(C) any Environmental Incident; or

(D) the receipt of any notice, order or communication received from an authority for the protection of the environment; and

(E) its subcontractors comply with the requirements referred to

in this clause; and

(2) clean up and restore the environment, including any Contamination or the actual or threatened adverse impact on, or damage to, the environment, arising out of, or in any way in connection with, the Works, whether or not it has complied with all statutory requirements or other requirements of this Contract for the protection of the environment.

(c) The Contractor must carry out the Works in accordance with, and otherwise

implement an Environmental Management Plan in a form approved by the Principal and for that purpose must prepare a draft Environmental Management Plan and submit it to the Principal for direction as to suitability within 10 Business Days from the Date of the Contract and:

(1) if the draft Environmental Management Plan is rejected, submit an amended Environmental Management Plan to the Principal and in any event, finalise the Environmental Management Plan so as to ensure there is no disruption to the Works;

(2) after the Environmental Management Plan has been finalised, continue to

correct any defects or omissions in the Environmental Management Plan and submit amended versions to the Principal; and

(3) document and maintain records of any inspections or audits undertaken as

part of an Environmental Management Plan.

(d) The Contractor will not be relieved from compliance with any of its obligations under this Contract or from any of its liabilities whether under this Contract or otherwise according to law as a result of:

(1) the implementation of, and compliance with, the requirements of an

accepted Program, or Environmental Management Plan;



(2) any direction by the Principal concerning the Program, or Environmental Management Plan;

(3) any audit or other monitoring by the Principal of the Contractor’s compliance with a Program, or Environmental Management Plan; or

(4) any failure by the Principal, or anyone else acting on behalf of the Principal, to detect any defect in or omission from the Program, or Environmental Management Plan.

Item 20. Principal’s Site Office

Not used

Item 21. Temporary Services Provided by the Principal

Not used

Item 22. Guarantees

The contractor must obtain, and ensure that the Territory will have the benefit of, all warranties or guarantees specified in the contract or offered by suppliers, including warranties or guarantees that are offered to, or obtained by, subcontractors of the Contractor.

Item 23. Maintenance during post-completion period

Not used

Item 24. Commissioning and Handover Plan

Not used

Item 25. Cooperation with other contractors

The Contractor must:

(ii) permit other Contractors to carry out their work;

(iii) fully co-operate with Other Contractors;

(iv) carefully co-ordinate and interface the Contractor’s activities with the work carried out or to be carried out by Other Contractors; and

(v) carry out the Works and other Contractor’s activities so as to avoid interfering with, disrupting, or delaying the work of Other Contractors.



Item 26. Keys and Access

Keys will be issued to the Contractor for the purpose of gaining entry to the buildings. The keys are to be kept secure at all times and are not to be used for any other purpose other than those described in this Statement of Requirement.

Item 27. Fencing and Security

1) The Territory will provide and install secure temporary fencing surrounding the perimeter of the site and supply approximately 250 to 300 linear meters of ACT Government Branded fence wrap.

2) The Contractor shall install the supplied ACT Government Branded fence wrap on alternate street facing fence panels.

3) The Contractor shall provide and install signage around the perimeter of the work area warning of any dangers that may be present and to deter unauthorised access to the site.

4) The Territory shall provide and install temporary fencing on completion and handover of Stage A, to define commencement of Stage B.

5) The contractor shall maintain, repair, replace and adjust the temporary fencing as required for the duration of the contract. Any temporary fencing not required to secure the site (i.e. redundant/spare panels) must be removed prior to final handover and returned to the appropriate fencing contractor.

NOTE: Current drawings in ATTACHMENT 12 Contract Documents do not reflect the current temporary fence position. Updated drawings will be provided to the Preferred Contractor that reflect the correct fence position prior to commencement.

Item 28. Site Access and Traffic Management

6) All plant, machinery, and vehicles accessing the site must adhere to the Temporary Traffic Management Plan (TTMP) or otherwise, which must be reviewed and approved by the PAP before being forwarded to TCCS for approval. A copy of the TTMP Concept Plan, that was included in the approved DA documentation, can be found at ATTACHMENT 12 in the RFT.

7) The Contractor shall ensure that all site related vehicles, including staff and delivery vehicles and those involved in associated off-site works, are accommodated in an area approved by the Plan and always in a manner that minimises any disruption to surrounding businesses.

8) The Contractor is to give the PAP, and any third party authorised by the PAP, reasonable access to the Site for any purpose.



Item 29. Tree and Site Management

1) Tree management and protection is to be in accordance with the approved Tree Management Protection Plans at ATTACHMENT 12 to this RFT. Trees are not to be removed, except as specified in the Plan or otherwise approved by the PAP. All trees to be removed must be signposted a minimum of 14 days before removal.

2) All existing vegetation (trees, shrubs and grass) located on the verge and unleased Territory land immediately adjacent to the development shall also be managed, protected and maintained in accordance with the Plan.

3) The Contractor shall rectify any damage to soft landscape assets and reinstate footpaths and other infrastutructure on unleased Territory land that was removed or damaged during the project at the Contractors expense.

4) Updated drawing be provided to the successful contractor that eliminates the requirement to

Item 30. Vibration and Noise

The appointed Contractor is to make every effort to minimize the impact of vibration and nuisance noise. In general this should include:

a) Equipment will be checked and calibrated to ensure that noise and vibration emissions are in accordance with the relevant Act EPA guidelines;

b) Where possible, plant will be strategically positioned on site to reduce the emission of noise to the surrounding neighborhood and to site personnel; and

c) Any equipment not in use for extended periods during works is to be switched off.

Item 31. Dilapidation Report

The Contractor is to develop a dilapidation report covering the surrounding privately owned, municipal and utility infrastructure. Dilapidation Reports are to be submitted to the PAP prior to commencement of works. Any damage to the surrounding private, public or service authority assets during the works shall be rectified by the Contractor at the Contractor’s expense.

Item 32. Recycling and Salvaging

Notwithstanding the requirements listed above, recycling and salvaging of materials in accordance with the Waste and Recycling Management Plan is encouraged as a cost benefit to the Contractor on any infrastructure not impacted by friable asbestos (eg Building J Annexe, Covered walkways and other items outside the footprints of the impacted buildings). Cost benefits resulting from the contractor salvaging appropriate items are to be reflected in the Tenderers Lump sum



Item 33. Remediation and Site Clearance

1) Upon completion of all works, removal of all structures, restoration of the site to free draining, safe, level, and all other items listed above in ATTACHMENT 1 Statement of Requirements , the Contractor is required to;

a) Provide the PAP with a Post Demolition Site Clearance Certificate b) Provide a Soil Validation and report of each building footprint after all visible

waste has been removed and a post demolition Clearance Certificate has been issued.

c) Provide the PAP with an EPA endorsed Site Suitability Report for proposed and permitted uses of the site prior to hand over.

d) Provide a Certificate of Occupancy (CofO); e) Undertake a final site check using the provided Handover Check List at

ATTACHMENT 12. f) NOTE: The contractor is NOT required to provide top soil, grade or dryland grass

to the site. The site is to be made safe from trips of hazards and free draining.

Item 34. Liaison

All liaison with the Territory is to be through the PAP unless, in the case of a Notifiable Incident on-site, where the Contractor will notify both the PAP immediately after the incident has occurred.

Item 35. Work Methods and Safety

Construction safety is paramount in the conduct of the works. To achieve this, the Contractor will comply fully with all requirements of the Work Health and Safety (Demolition Work Code of Practice) Approval 2015 and all other relevant Legislation, Regulations, and Codes of Practice including Australian Standards that the Contractor must meet under the Code including, but not limited to:

a) The Contractor is responsible for disposal of all waste in accordance with its Waste Management Plan and engaging suitably qualified and licensed Contractors and EPA approved vehicles, for the assessment, removal, transport and appropriate disposal of any asbestos or other contaminated waste as required;

b) The Contractor is responsible for all engineering requirements and reporting

c) Notification is to be given to the PAP five (5) working days prior to the commencement of any works on the block so that any community members affected by the project can be informed.

d) The demolition work plan and WHS plan shall be submitted to the PAP for review and comment, prior to submission to the building certifier if requested by the PAP;



e) The demolition is to be undertaken by conventional mechanical methods only. The use of explosives is forbidden.



ATTACHMENT 10 – CONFIDENTIALITY DEED

Not used



ATTACHMENT 11 - ETHICAL SUPPLIERS DECLARATION - TENDER

STATUTORY DECLARATION

Statutory Declarations Act 1959 (Cth) I, [Name, address and occupation of person making declaration] make the following declaration under the Statutory Declarations Act 1959 (Cth), 1. In this declaration a reference to:

a. “Adverse Ruling” means a ruling, order, notice (including without

limitation any improvement notice or prohibition notice), conviction or finding made or issued by any Authorised Entity.

b. “Authorised Entity” means any court, tribunal, board,

commission, regulatory agency (including without limitation the director-general, commissioner, regulator or any inspector referred to in the Prescribed Legislation) or other entity with jurisdiction to determine employee and industrial relations matters or work health and safety matters to the effect that the Tenderer has breached its Employee and Industrial Relations Obligations.

c. “Employee” means a natural person who is employed under a

contract of service (excluding professional or information technology services) to provide the Tenderer with his or her labour.

d. “Full Details” means the details of:

(i) the nature of the Adverse Ruling, breach or offence; (ii) the name of the relevant Authorised Entity;

(iii) the State or Territory in which the proceeding or

prosecution was brought;

(iv) the date of the Adverse Ruling was made, or the proceeding or prosecution was commenced and the number or description assigned to the proceeding or prosecution;



(v) the entity against which the Adverse Ruling, breach or offence was made or issued;

(vi) any document setting out the Adverse Ruling, breach or

offence (including provision of a copy of the same);

(vii) any conviction recorded or adverse finding made in respect of the Adverse Ruling, breach or offence;

(viii) any penalty, fine or order imposed by an Authorised

Entity in respect of the Adverse Ruling, breach or offence and the maximum penalty, fine or order that could have been imposed under the Prescribed Legislation;

(ix) any remedial measures or other actions proposed or

recommended by the Authorised Entity and details of steps taken by the Tenderer to comply with those remedial measures or other actions; and

(x) the status of the Adverse Ruling, breach or offence as at

the date of the declaration.

e. “Industrial Instruments” means an award or agreement, however designated, that is made under or recognised by an Industrial Law.

f. “Prescribed Legislation” means all applicable Acts and

subordinate instruments of the Commonwealth and the Territory, which deal with matters relating to industrial relations, employment and/or workplace safety obligations that apply to an entity including (as amended or replaced from time to time) but not limited to: (i) Fair Work Act 2009 (Cth);

(ii) Fair Work (Building Industry) Act 2012 (Cth); (iii) Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009 (Cth); (iv) Income Tax Assessment Act 1997 (Cth); (v) Independent Contractors Act 2006 (Cth);

(vi) Industry Research and Development Act 1986 (Cth); (vii) Long Service Leave Act 1976 (ACT);

(viii) Long Service Leave (Portable Schemes) Act 2009 (ACT); (ix) Migration Act 1958 (Cth); (x) Paid Parental Leave Act 2010 (Cth);

(xi) Payroll Tax Act 2011 (ACT); (xii) Safety, Rehabilitation and Compensation Act 1988 (Cth);



(xiii) Superannuation Guarantee (Administration) Act 1992 (Cth); (xiv) Superannuation Guarantee Charge Act 1992 (Cth); (xv) Work Health and Safety Act 2011 (ACT);

(xvi) Workers’ Compensation Act 1951 (ACT); (xvii) Workplace Gender Equality Act 2012 (Cth).

g. “Prescribed Works or Services” means works or services that

require the exertion of labour by Employees.

h. “Secure Local Jobs Code Certificate” has the meaning given by the Government Procurement Act 2001.

i. “Secure Local Jobs Code” has the meaning given by the

Government Procurement Act 2001.

j. “Tenderer” means [insert full legal name of Tenderer including the ACN/ABN as per that identified in the Tender].

k. “Territory-Funded Work” has the meaning given by the

Government Procurement Act 2001.

2. I am authorised on behalf of the Tenderer to make this declaration. 3. The information supplied by the Tenderer with and in its Tender is true

and correct. Any further information to be supplied by the Tenderer to enable assessment of it Tender will be true and correct.

4. The Tenderer is aware that tenderers for Territory-Funded Work must

hold a Secure Local Jobs Code Certificate and that once certified tenderers must comply with the Secure Local Jobs Code.

5. The Tenderer agrees to comply with all applicable Territory policies and

legislation referable to Territory-Funded Work and, if the Tenderer is prequalified under a prequalification scheme in the Territory, the WHS Active Certification Policy, if it is the preferred Tenderer.

6. By submitting a Tender the Tenderer authorises the Territory to:

a. obtain from any Territory, State or Commonwealth government agency (including for the avoidance of doubt, any regulatory or law enforcement body) and take into account in its evaluation, information, including information about the Tenderer’s performance under contracts (whether or not those contracts were with the Territory, State or Commonwealth or another



entity and whether or not those contracts were identified by the Tenderer in its Tender);

b. obtain and take into account in its evaluation, information from

referees or other reputable sources on the performance of the Tenderer on projects (whether or not they are identified by the Tenderer in their Tender);

c. use any information obtained from any Territory, State or

Commonwealth government agency (including for the avoidance of doubt, any regulatory or law enforcement body), referee or other reputable source for any government purposes including, without limitation, assessment of suitability for award of contract;

d. provide information about the Tenderer to any Territory, State or

Commonwealth government agency, including information provided by the Tenderer and information related to the Tenderer’s performance at any time and for any reason;

e. provide the name of the Tenderer and this declaration to Unions

ACT; and

f. provide this declaration to any Territory, State or Commonwealth government agency (including any regulatory or law enforcement body, which includes, without limitation WorkSafe ACT) as evidence of the Tenderer’s consent to allow that agency to release information as requested by the Territory to the Territory.

7. The following Industrial Instruments made pursuant to any Prescribed Legislation specifically applies to the Employees of the Tenderer and are binding on it or them.

[Insert details of Industrial Instruments (this is the award you pay your employees under). If no Employees write “N/A”]

8. The Tenderer has in the preceding 36 months of the date of this declaration complied with all applicable Industrial Instruments.

True (delete 8A and initial) Not true (answer 8A) N/A No Employees

(delete 8A)



8A. The Tenderer has not complied with the following Industrial Instruments in the following respects.

[Insert full details]

9. The Tenderer has in the preceding 36 months of the date of this declaration complied with all Prescribed Legislation

True (delete 9A and initial) Not true (answer 9A)

9A. The Tenderer has not complied with the following Prescribed Legislation.

[Insert Full Details of the failure to comply with Prescribed Legislation]

10. The Tenderer has in the preceding 36 months of the date of this declaration recognised the rights of its Employees to union membership and representation.

True (delete 10A and initial) Not true (answer 10A) N/A No

Employees (delete 10A)

10A. The Tenderer has not recognised the rights of Employees to union membership and representation in the following respects.

[Insert Full Details of how the Tenderer has not recognised the rights of Employees to union membership and representation]

11. The Tenderer has in the preceding 36 months of the date of this

declaration complied with all amendments to wages and conditions of employment for their Employees as decided by any authorised industrial or wage-setting agency.

True (delete 11A and initial) Not true (answer 11A) N/A No

Employees (delete 11A)

11A. The Tenderer has not complied with all amendments to wages and conditions of employment for their Employees as decided by any authorised industrial or wage-setting agency in the following respects:



[Insert Full Details of how the Tenderer has failed to comply with all amendments to wages and conditions of employment]

12. In the preceding 36 months of the date of this declaration there have been no findings against the Tenderer by an Authorised Entity, including a finding of a breach in a non-confidential consent order.


12A. There have been the following findings (Full Details of which are

provided) against the Tenderer by an Authorised Entity:

[Set out Full Details of findings]

13. In the preceding 36 months of the date of this declaration there have been no Adverse Rulings under the Prescribed Legislation against the Tenderer.


13A. There have been the following Adverse Rulings under the

Prescribed Legislation against the Tenderer:

[Set out Full Details of Adverse Rulings]

14. There are currently no proceedings or prosecutions against the

Tenderer in respect of a breach of any Prescribed Legislation.


14A. There are currently the following proceedings or prosecutions against the Tenderer in respect of a breach of Prescribed Legislation.

[Set out Full Details of proceedings or prosecutions]

15. The Tenderer has not been required to implement any remedial

measures to ensure future compliance with the Prescribed Legislation.




15A. The Tenderer has been required to implement the following remedial measures to ensure future compliance with the Prescribed Legislation:

[Set out Full Details of the remedial measures implemented]

16. Below is a complete list of all projects (both completed and current) in the Australian Capital Territory where the Tenderer has had management or control of a project site and on which an audit into any aspect of work health and safety performance or compliance has been conducted in the 36 months prior to the date of this declaration.

[Set out list of projects, or is none “n/a”]

17. I understand that a person who intentionally makes a false

statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

___________________________________ [Signature of person making the declaration]] ____________________________________ [Print name of person making the declaration] Declared at [place] on [day] of [month] [year] Before me: ____________________________________ [Signature of person before whom the declaration is made]

____________________________________ [Full name, qualification and address of person before whom the

declaration is made (in printed letters)]



Note 1 A person who intentionally makes a false statement in a statutory declaration is guilty of

an offence, the punishment for which is imprisonment for a term of 4 years – see section 11 of the Statutory Declarations Act 1959.

Note 2 Chapter 2 of the Criminal Code applies to all offences against the Statutory Declarations

Act 1959 – see section 5A of the Statutory Declarations Act 1959. A statutory declaration under the Statutory Declarations Act 1959 may be made before– (1) A person who is currently licensed or registered under a law to practise in one of the following occupations: Chiropractor Dentist Legal practitioner Medical practitioner Nurse Optometrist Patent attorney Pharmacist Physiotherapist Psychologist Trade marks attorney Veterinary surgeon (2) A person who is enrolled on the roll of the Supreme Court of a State or Territory, or the High Court of Australia, as

a legal practitioner (however described); or (3) A person who is in the following list: Agent of the Australian Postal Corporation who is in charge of an office supplying postal services to the public Australian Consular Officer or Australian Diplomatic Officer (within the meaning of the Consular Fees Act 1955) Bailiff Bank officer with 5 or more continuous years of service Building society officer with 5 or more years of continuous service Chief executive officer of a Commonwealth court Clerk of a court Commissioner for Affidavits Commissioner for Declarations Credit union officer with 5 or more years of continuous service Employee of the Australian Trade Commission who is:

(a) in a country or place outside Australia; and (b) authorised under paragraph 3 (d) of the Consular Fees Act 1955; and (c) exercising his or her function in that place

Employee of the Commonwealth who is: (a) in a country or place outside Australia; and (b) authorised under paragraph 3 (c) of the Consular Fees Act 1955; and (c) exercising his or her function in that place

Fellow of the National Tax Accountants’ Association Finance company officer with 5 or more years of continuous service Holder of a statutory office not specified in another item in this list Judge of a court Justice of the Peace Magistrate Marriage celebrant registered under Subdivision C of Division 1 of Part IV of the Marriage Act 1961 Master of a court Member of Chartered Secretaries Australia Member of Engineers Australia, other than at the grade of student Member of the Association of Taxation and Management Accountants Member of the Australasian Institute of Mining and Metallurgy Member of the Australian Defence Force who is:

(a) an officer; or (b) a non-commissioned officer within the meaning of the Defence Force Discipline Act 1982 with 5 or

more years of continuous service; or (c) a warrant officer within the meaning of that Act

Member of the Institute of Chartered Accountants in Australia, the Australian Society of Certified Practising Accountants or the National Institute of Accountants

Member of: (a) the Parliament of the Commonwealth; or (b) the Parliament of a State; or (c) a Territory legislature; or (d) a local government authority of a State or Territory

Minister of religion registered under Subdivision A of Division 1 of Part IV of the Marriage Act 1961 Notary public



Permanent employee of the Australian Postal Corporation with 5 or more years of continuous service who is employed in an office supplying postal services to the public

Permanent employee of: (a) the Commonwealth or a Commonwealth authority; or (b) a State or Territory or a State or Territory authority; or (c) a local government authority;

with 5 or more years of continuous service who is not specified in another item in this list Person before whom a statutory declaration may be made under the law of the State or Territory in which the declaration is

made Police officer Registrar, or Deputy Registrar, of a court Senior Executive Service employee of:

(a) the Commonwealth or a Commonwealth authority; or (b) a State or Territory or a State or Territory authority

Sheriff Sheriff’s officer Teacher employed on a full-time basis at a school or tertiary education institution.



ATTACHMENT 12 – CONTRACT DOCUMENTS Contract Documents provided to Tenderers with this RFT include the following. This list is not intended to be a definitive list of Contract Documents for the purposes of the Contract or in any way limit the definition of Contract Documents in the Contract.

1 NOTICE OF DECISION--201935463-SIGNED

2 Tender Drawings Phillip S1 B17 - Indesco 10 Oct 2019

3 ICON Water Statement Conditional Acceptance 176687 21May19

3.1 ICON Water Design Acceptance Certificate 176687 Oct 19

3.2 ICON Water Drawings conditional acceptance 21 May 2019

3.3 ICON Water Phillip S1 B17 Disconnection Plan 176687 Oct 2019

4 Evoenergy Conditional Approval Electricity 176687 5 June 2019

4.1 Evoenergy Drawings - conditionally complaint- 176687 5 June 2019

4.2 Evoenergy Drawings - Demo plans - 176687- 5 June 2019

4.3 Evoenergy Drawings - Demo plans 2 - 176687- 5 June 2019

4.4 Evoenergy drawings 3811_004 Minimum Clearances 176687-5 June 2019

4.5 Evo energy 3832_018 Separation requirements 176687 5 June 2019

5 Evoenergy Gas Networks Conditional Compliance and drawings 176687 20 May 2019

6 Intrusive Hazardous Materials Survey L&D April 19

7 Asbestos Survey & Management Plan Woden CIT Robson Sept 18

8 Property Condition Report Woden CIT

9 Hazardous Materials Survey Woden CIT Robson May 17

10 Tree Development Impact Report Arbor Management June 17

11 Waste and Recycling Management Plan

12 Woden CIT Campus Plan.2017-Model

13 Woden CIT Floor Plans

14 Woden CIT Building Plans

15 Suggested Delineation Points Stage A and B

16 Final Site Check 181020

17 Contractors Monthly WHS Report 2015