Request For Tender - competitionline

RFT 18568 and Planning & Engineering Design on behalf of Land Development Agency

1 | P a g e Version 4 – 09/09/2011

REQUEST FOR TENDER no. 18568

Planning and Engineering Design ON BEHALF OF Land Development Agency

contact officer: Kristi Jørgensen Email: [email protected]

ISSUE DATE: Wednesday, 14 December 2011

CLOSING DATE: Tuesday, 31 January 2012 CLOSING TIME: 2:00PM CANBERRA TIME


2 | P a g e Version 4 – 09/09/2011

Table of Contents

1. STANDARD CONDITIONS OF TENDER & PROCUREMENT POLICIES 3

2. STATEMENT OF REQUIREMENTS 3

3. ASSESSMENT CRITERIA 3

3.1 Value for Money 3

3.2 Threshold Criteria 4

3.3 Weighted Criteria 4

3.4 Non-weighted Criteria 5

4. CONTRACT REQUIREMENTS 6

5. SPECIAL CONDITIONS OF TENDER 6

5.1 Reviewing of Payment Claims 6

5.2 Insurance Requirements 6

5.3 Pricing and Two-Envelope Tender 7

5.4 Panel of Consultants or Contractors 7

5.5 Site Inspection or Industry Briefing 7

5.6 Information Session 7

5.7 Prequalification 8

5.8 Quality Assurance Requirements 8

5.9 Qualifications, Training and Knowledge 8

5.10 Electronic Lodgement of Tenders 8

6. TENDERER DECLARATION 8

7. LODGEMENT OF TENDERS 9

ATTACHMENT 1 – STATEMENT OF REQUIREMENTS 1

ATTACHMENT 2 – PRICING SCHEDULE 2

ATTACHMENT 3 – TENDERER DECLARATION 3

ATTACHMENT 4 – DRAFT SERVICES AGREEMENT 4

ATTACHMENT 5 - STANDARD CONDITIONS OF TENDER SERVICES 5


3 | P a g e Version 4 – 09/09/2011

1. STANDARD CONDITIONS OF TENDER & PROCUREMENT POLICIES

Tenderers must read this Request for Tender (RFT) in conjunction with the Standard Conditions of Tender Services which comprises Attachment 5 of this document.

Any Special Conditions of Tender applying to this RFT are set out in the section below, titled “Special Conditions of Tender”. Special Conditions take precedence over Standard Conditions of Tender to the extent of any inconsistency.

2. STATEMENT OF REQUIREMENTS

The main objective of the consultancy is to develop the planning and design work through the various stages of documentation and approval to enable the release of land for a minimum of 250 dwellings in the 2012/13 Financial Year with further dwelling site releases in the following years. To satisfy this objective, EDP development application (DA) approval, detailed design approval and the appointment of a civil contractor must be completed prior to the release of the dwellings sites. To achieve this, the following is required to be undertaken under this brief:

- Estate development planning for Lakeside (to be prepared as two separate EDPs [Lakeside West and Lakeside East]), each requiring DA approval;

- Civil Detailed Design for Lakeside; - Landscape Detailed Design for Lakeside; - Urban Design Guidelines for each proposed section of Lakeside; - Preparation of Tender Documents for civil works; - Preparation of Tender Documents for landscape works; and - Post-tender services as described in Section 6.6.2 of the Brief.

In undertaking the activities as listed above, the consultant time will as a minimum undertake all activities outlined in Section ‘2.4 Scope’ of the Brief for Planning and Engineering Design, Greenway Lakeside, Attachment 1.

3. ASSESSMENT CRITERIA 3.1 Value for Money

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

Apart from the conformity with the requirements of this RFT, the LDA will evaluate Tenders in accordance with the following criteria:


4 | P a g e Version 4 – 09/09/2011

3.2 Threshold Criteria

(1) Pre-qualification Category CE

Tenders that do not meet the above threshold criteria will be regarded as non-conforming, and will not be considered for further assessment against remaining criteria.

3.3 Weighted Criteria

Criteria Weight

Past Performance on Relevant Projects • Tenderers must provide information demonstrating recent past performance for similar

requirements • Details of similar projects undertaken by the Tenderer in the past two years including:

o mixed use urban waterfront projects which incorporate the design of significant waterfront public realm

• Organization for whom the work was undertaken, the period of engagement from project commission to completion, and how recent the project engagement was

• Total value of the works undertaken, including all variations or amendments • Referee contact names and numbers

2

Technical skills of the team (team members, including all sub-consultants) and the demonstrated capacity to carry out the tasks with a particular focus on the LDA aspiration for a public realm of outstanding quality and attention to detail, systems to be utilized, specific team member and organization abilities, allocation resource to the project, and capacity of resources proposed.

3

Methodology, appreciation of the task and timing including: • how project is to be tackled

o Including list of all sub-consultants o Inclusion of organizational chart with attributed project roles and responsibilities o Inclusion of reporting chain which clearly identifies the relationship between the

primary consultant and all sub-consultants (who reports to whom) • scope of work proposed by the consultant

o Note the master plan has been finalized and this tender is not an opportunity to further resolve this design

o Itemized scope of works, including all documentation that may arise from Government Agency circulation, or revisions required as a result of EDP review and comments from the approving agency.

• understanding of the brief and likelihood of achieving proposed milestone o Understanding of the LDA Land Release Program and its relevance to this

project is essential • demonstrated commitment to deliver within the timeframe

o Key milestones and their anticipated delivery dates o Demonstrated performance in delivering within a project timeframe o Measures that will be employed to maintain

3

Fee Assessment The fee assessment will be based on an assessment of how the offer meets the requirement for “value for money” against the risks associated with the fee in accordance with the Scoring Regime

2


5 | P a g e Version 4 – 09/09/2011

after first determining a comparative ranking by assessing the tendered fee using the following formula below. Fee risks may include special terms and conditions suggested by the proponent. Fee risks also include the proponent not pricing the full scope of work and not understanding the scope of work as suggested by the proposed fee. As a guide the fee structure should promote overall cost reduction and value optimisation, including hourly rates nominated for variations to the scope of works. Formula

F= 8+10(T-M)/M F=8+15(M-T)/M Domain Domain T≤M T≥M

Where: F = comparative fee score (rounded whole number) prior to assessing risk M = a median value of all submitted fee proposals T = the submitted tender fee of a proponent. Tenderers who have a fee below the median value will be scored using the equation in the left hand box. Tenderers who have a fee above the median will be scored using the equation in the right hand box. Where even numbers of proposals are tendered the median will be deemed to be the mean of the two middle bids. This methodology is considered appropriate as this will result in a lower score being given to those fees above and below the median value thereby encouraging proponents to study the brief in full and make adequate allowance for all necessary work. In assessing the fee, and to provide a rating the evaluation team will take into account the result from the formula above, risks associated with the works and any other significant items deemed appropriate.

Scoring Table

Rating Description Score (example)

Excellent Exceeds requirements in all ways, with very little or no risk 10

Very Good Meets requirements in all ways, exceeds it in some, little risk involved 8-9

Good Meets the requirement and is workable, acceptable risk 6-7

Marginal Nearly meets requirement, workable but may be deficient or limited in some areas, some element of risk 4-5

Poor Offer is difficult to assess against criteria, high risk 1-3

Non-compliant

Tenderer has either stated non-compliance, demonstrated non-compliance, or there is insufficient information to assess 0

3.4 Non-weighted Criteria

(1) Pre-qualification of lead Consultant within Category CE.


6 | P a g e Version 4 – 09/09/2011

4. CONTRACT REQUIREMENTS

The form of contract that will be used for the services required by this RFT is the Land Development Agency Services Agreement included at Attachment 4. The LDA reserves the right to alter provisions of the contract and the form of contract if an alternative is determined to be more appropriate.

The contract is expected to be for an initial period of six months, with extensions at the sole digression of the LDA Project Manager. Unless otherwise specified in Special Conditions, and without limiting the insurance that is required to be held by the successful tenderer by law (e.g. workers’ compensation) or under the contract, the successful tenderer will be required to acquire and maintain:

(a) public liability insurance with coverage in the amount of not less than $10,000,000.00 in respect of each claim; and

(b) professional indemnity insurance with coverage in the amount of $5,000,000.00 in respect of each claim and in the annual aggregate.

5. SPECIAL CONDITIONS OF TENDER

5.1 Prequalification

(2) Pre-qualification Category CE

5.2 Insurance Requirements The successful tenderer will be required to acquire and maintain product liability insurance to a value of $10,000,000.00 in the annual aggregate. Policies should note the interests of the Territory.

5.3 Quality Assurance Requirements Full quality assurance certification to ISO9001:2000 is mandatory for the Services to be provided under the ensuing contract. The Tenderer must provide evidence in the Tender that a certified quality assurance system based on the specified standard is in place. The Tenderer may offer an alternative quality system standard to that specified; however, it is the responsibility of the Tenderer to prove to the Territory’s satisfaction that the alternative is at least equivalent to the specified standard.

For the Services to be provided under the ensuing contract, the minimum requirement of the Tenderer and/or its services is one or more of the following quality assurance criteria:

a) quality assurance partial certification to ISO standard AS4500;


7 | P a g e Version 4 – 09/09/2011

b) phased implementation based on AS4500 c) professional association accreditation d) certification by an approved industry association; e) professional qualifications relevant to the task; and/or f) product certification to an Australian Standard or other relevant standard.

The Tenderer must specify the quality assurance criteria applicable to it, and/or its services.

A Tender submitted by a Tenderer that cannot demonstrate that the specified quality assurance requirements have been achieved will be non- conforming.

5.4 Pricing and Two-Envelope Tender

Tenderers must complete the pricing schedule at Attachment 2.

Each Tender is to be submitted in one envelope, wrapping or package. However, within each tenderer’s envelope, wrapping or package, there should be two envelopes:

(a) in one envelope, tenderers are required to include the information that only addresses the non-price or Weighted Assessment Criteria and Threshold Criteria; and

(b) in a separate sealed envelope, marked “Pricing Schedule”, the pricing information addressing the price criterion is to be provided.

5.5 Panel of Consultants or Contractors

It is anticipated that more than one tenderer will be appointed to a panel of consultants or contractors for the provision of the Services.

The LDA does not guarantee, warrant or otherwise represent that any business or any minimum volume of services or value of business will be contracted, earned or received by successful tenderers.

The LDA expects that one (1) or more of the panel contracts may exceed $20,000.00 and, as such, the public text of all panel contracts will be made available on the ACT Government Contracts Register. Refer http://www.contractregister.act.gov.au.

The LDA will engage the successful tenderer through a LDA Services Agreement. 5.5 Site Inspection or Industry Briefing Not Used.

5.6 Information Session

Not Used.

http://www.contractregister.act.gov.au/


8 | P a g e Version 4 – 09/09/2011

5.7 Prequalification

Tenderers are required to have pre-qualification category CE. 5.8 Quality Assurance Requirements

For the Services to be provided under the ensuing contract, the minimum requirement of the Tenderer and/or its services is one or more of the following quality assurance criteria:

(1) quality assurance partial certification to ISO 9001:2008;

(2) professional association accreditation;

(3) certification by an approved industry association;

(4) professional qualifications relevant to the task; and/or

(5) product certification to an Australian Standard or other relevant standard.

The Tenderer must specify the quality assurance criteria applicable to it and/or its services.

A Tender submitted by a Tenderer that cannot demonstrate that the specified quality assurance requirements have been achieved will be non-conforming. 5.9 Qualifications, Training and Knowledge

The successful Tenderer will be required to ensure that all employees are adequately supervised to ensure that all Services are delivered in accordance with the requirements of the contract, and any relevant legislation and Australian Standard. 5.10 Electronic Lodgement of Tenders

Electronic lodgement of tenders will not be accepted.

6. TENDERER DECLARATION

Tenderers must complete and submit with their Tenders the Tenderer Declaration in the form provided at Attachment 3 to this RFT. The Tenderer must be a legal entity and the “ACN” and “ABN” must accurately correlate with the legal entity.

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

If a Tenderer is a company, include ACN, and if a partnership or sole proprietor, include the full names of individual members and ABN.


9 | P a g e Version 4 – 09/09/2011

7. LODGEMENT OF TENDERS

Tenders must be either posted or hand delivered by the closing date to: The Tender Box Ground Floor North Building Dame Pattie Menzies House 16 Challis Street DICKSON ACT 2602

All enquiries in relation to this RFT must be directed in writing to the Contact Officer.

Below is a list of actions and/or information that Tenders should review prior to submitting their Tender.

Tender submitted on time

Original and 3 copies submitted

All Assessment Criteria addressed

Completed and signed Tenderer Declaration

10 | P a g e Version 4 – 09/09/2011

ATTACHMENT 1 – STATEMENT OF REQUIREMENTS

Greenway Lakeside Project Brief - Planning and Engineering Design Tender 18568

Land Development Agency – December 2011 1

Project Brief

PLANNING AND ENGINEERING DESIGN

GREENWAY LAKESIDE

Project 16271

Version 1.0

December 2011



Table of Contents 1 TERMINOLOGY ...................................................................................................... 4 2 INTRODUCTION ..................................................................................................... 5

2.1 Key Documents ...................................................................................... 5 2.2 Background ............................................................................................ 6 2.3 Objective ............................................................................................... 10 2.4 Scope ................................................................................................... 10 2.5 Consultant Skills and Disciplines .......................................................... 11 2.6 Consultant Pre-Qualification ................................................................. 11

3 PLANNING WORK CARRIED OUT TO DATE ..................................................... 12 3.1 Concept Master Plan Report – Hames Sharley .................................... 12 3.2 Concept Landscape Plan - AECOM ..................................................... 12 3.3 Community Consultation – Elton Consulting ......................................... 12

4 PREVIOUS CONSULTANCIES ............................................................................ 12 4.1 Aboriginal and Cultural Heritage Assessment ...................................... 13 4.2 Detailed Survey .................................................................................... 13 4.3 Site Investigation Report....................................................................... 13 4.4 Sustainable Transport Assessment ...................................................... 13 4.5 Site Investigation Traffic Impact Assessment ....................................... 13 4.6 Tree Survey and Assessment ............................................................... 14 4.7 Valuation and Market Assessment ....................................................... 14 4.8 Environmental Site Assessment (Contamination) ................................. 14 4.9 Flora and Fauna Assessment and Review ........................................... 14

5 CONCURRENT CONSULTANCIES ...................................................................... 14 5.1 Variations to the Territory Plan ............................................................. 15 5.2 Flood Investigation and Mitigation Strategy .......................................... 15 5.3 Aquatic Impact Assessment ................................................................. 15 5.4 ActewAGL ............................................................................................. 15

6 SCOPE OF WORK ................................................................................................ 16 6.1 Greenway Lakeside .............................................................................. 16 6.2 Estate Development Plan ..................................................................... 16 6.3 Detailed Landscape Master Plan .......................................................... 17 6.4 Urban Design Guidelines ...................................................................... 18 6.5 Detailed Design .................................................................................... 18

6.5.1 Mixed Use Estate .......................................................................... 18 6.5.2 Specific Inclusions ......................................................................... 19

6.6 Tender Documentation ......................................................................... 21 6.6.1 Tender Documentation for Construction (Civil and Landscaping) . 21 6.6.2 Post Tender ................................................................................... 21 6.6.3 Construction Superintendence ...................................................... 22

7 CONSULTANCY MANAGEMENT AND LIAISON ................................................ 23 8 DATA COLLECTION AND CONSULTATION WITH STAKEHOLDERS............... 23 9 TIMING .................................................................................................................. 24 10 DOCUMENTATION AND DATA MANAGEMENT REQUIREMENTS ................... 25 11 QUALITY ASSURANCE ....................................................................................... 25

11.1 Quality Assurance Requirement ........................................................... 25



11.2 Quality Audits ....................................................................................... 25 10.3 Documents to be Prepared and Retained............................................. 26

12 AVAILABLE INFORMATION AND RESOURCES ................................................ 26 ATTACHMENTS ........................................................................................................... 26



1 TERMINOLOGY The following terminology will be used in this Project Brief:

• “Basic Brief” means ACT Government Basic Brief for Construction Works (Revision L -25 May 2011);

• “Construction Contract” refers to a contract for construction of the civil and/or landscape estate works at Greenway Lakeside, which would be based on AS 2124-1992 (General Conditions of Contract);

• “CMP” means Contamination Management Plan; • “Concept Plan” means Greenway Lakeside Concept Master Plan; • “Consultancy” means the Services Agreement; • “Consultant” has the same meaning as that in the Services Agreement; • “DA” means Development Application; • “DVP” means Draft Variation to the Territory Plan; • “EDP” means the Estate Development Plan for Greenway Lakeside; • “EPBC Act” means the Commonwealth Environment Protection and Biodiversity

Conservation Act 1999; • “EPU” means Environment Protection Unit; • “ESDD” means Environment and Sustainable Development Directorate, which

incorporates the ACT Planning and Land Authority (ACTPLA); • “FUA” means Future Urban Area and has the same meaning as in the Territory Plan; • “ILRP” means the ACT Government Indicative Land Release Programs 2011-12

to 2014 15; • “Lakeside” means the proposed development at Greenway Lakeside; • “Lakeside East” means the eastern portion of Greenway Lakeside; • “Lakeside West” means the western portion of Greenway Lakeside; • “LDA” refers to the Land Development Agency; • “LMP” means Landscape Master Plan; • “RFT” means Request for Tender; • “Tender Compliance Report” means a technical assessment and price review report

prepared by the Consultant on construction tenders received; • “TOD” means Transit Oriented Development; • “WHS” means Workplace Health and Safety; and • “WSUD” means Water Sustainable Urban Design.

The Basic Brief is written on the basis that the Territory (and not LDA) is the Principal of the Services Agreement, and the Project Officer is from the Territory (and not LDA). LDA is an agency of the Territory. Therefore, the terminology in the Basic Brief only should be interpreted as follows:

• “Territory” when used in the sense of the role as Principal in the Services Agreement, or in the sense of the Project Officer’s employer, means the LDA; and otherwise has the same meaning as in the Services Agreement.



2 INTRODUCTION 2.1 Key Documents The brief for this project comprises this Project Brief together with the Basic Brief for Construction Works (Revision L -25 May 2011) [the “Basic Brief”], available at http://www.procurement.act.gov.au/about_us/infrastructure_procurement). The Project Brief details project specific requirements, the Basic Brief details the general requirements and administrative procedures (including content of submissions), and the Reference Documents provide guidance on technical matters. If the Project Brief and Basic Brief are not consistent then the Project Brief is to be followed. The following indicates how this document relates to other key documents used in the engagement of the Consultant.

Letters of Offer and Acceptance

Service Agreement

Project Brief

ACT Government Basic Brief for Construction Works (available from the Procurement Solution website, as above)

TECHNICAL STANDARDS AND GUIDELINES Standard Specification for Urban Infrastructure Works (TAMS)

Design Standards for Urban Infrastructure (TAMS) ActewAGL Water Supply and Sewerage Standards

ACT Procurement Solutions Guidelines for the Production of Tenders and Contracts for Construction Projects using AS2124 1992 General Conditions of

Contract Agents Circulars

NATSPEC National standards and guidelines

(eg Building Code of Australia, Australian Standards, AUSTROADS etc)

http://www.procurement.act.gov.au/about_us/infrastructure_procurement



2.2 Background The Project Brief has been prepared by the Land Development Agency (LDA) to inform, and form part of, the Service Agreement for the planning, design and documentation of the Greenway Lakeside (Lakeside) project in the suburb of Greenway. LDA will design and construct land servicing and landscaping for the project and release resulting serviced land for sale.

The site for Lakeside comprises the following land in Greenway:

- Block 3 Section 57; - Block 1 Section 58; - Block 2 Section 59; - Block 1 Section 65; - Block 1 Section 66; and - Block 5 Section 10.

The site is located within and adjacent Tuggeranong Town Centre, which has a range of major activities, functions and services for the local and wider community. The plan of Greenway Lakeside Concept Master Plan (Concept Plan) is shown at Figure 1 below and will be a catalyst for the revitalisation of the Tuggeranong Town Centre. The intent of the Concept Plan is to enhance the public amenity, and overall quality of the Tuggeranong Town Centre. The Concept Plan informs this brief and was developed for LDA by Hames Sharley (June 2011). Note as reference that the Concept Plan generally equates with the agreed preferred option stage resulting from a Design Options Study (as described in the Basic Brief). Lakeside will establish a new urban community in close proximity to activities, public transport and lifestyle needs. All Planning Principles formulated to guide and assist in the design of the Concept Plan promote Lake Tuggeranong as the heart of the Tuggeranong community.

The total area of land on the site is approximately 244,735m2. The proposed land allocation for Lakeside can be roughly divided into four categories for simplicity, including residential/ mixed use, eco-park zones, public space and the central park. The Concept Plan accommodates approximately 1,000 dwellings across the entire site. The western side of the development alone will yield 800 dwellings. The specific mix of residential, commercial and retail uses will be decided during detailed design. Land use allocations for this will be based on anticipated demand at time of land sale – the Concept Plan allows sufficient flexibility to accommodate a variety of land use combinations.



Figure 1. Greenway Lakeside Concept Master Plan



It is anticipated that Lakeside will be completed in two parts, each with its own Estate Development Plan (EDP). Stage 1 (Lakeside West) will include:

- Block 3 Section 57; - Block 1 Section 58; - Block 2 Section 59; and - Block 1 Section 65.

Stage 2 (Lakeside East) will include Block 5 Section 10. In order to facilitate the development of the land in accordance with the Concept Plan, LDA is currently preparing a report on each of the proposed draft Variations to the Territory Plan (DVP). The reports will be submitted to the Environment and Sustainable Development Directorate (ESDD) for consideration. Figures 2 and Figure 3 following show the current and proposed zonings of the site respectively. The defined scope of works included within this brief assumes the proposed zoning will be adopted in the Territory Plan.



Figure 2. Current Territory Plan Map

Figure 3. Proposed Zoning



2.3 Objective The main objective of the consultancy is to develop the planning and design work through the various stages of documentation and approval to enable the release of land for a minimum of 250 dwellings in the 2012/13 Financial Year with further dwelling site releases in the following years. To satisfy this objective, EDP development application (DA) approval, detailed design approval and the appointment of a civil contractor must be completed prior to the release of the dwellings sites. To achieve this, the following is required to be undertaken under this brief:

• Estate development planning for Lakeside (to be prepared as two separate EDPs [Lakeside West and Lakeside East]), each requiring DA approval;

• Civil Detailed Design for Lakeside; • Landscape Detailed Design for Lakeside; • Urban Design Guidelines for each proposed section of Lakeside; • Preparation of Tender Documents for civil works; • Preparation of Tender Documents for landscape works; and • Post-tender services as described in Section 6.6.2 below.

2.4 Scope In undertaking the activities listed above, the Consultant will, as a minimum:

• Prepare documents for all the activities described in Section 2.3 above; • Organise and attend meetings, workshops and community consultation with

agencies and stakeholders, provide supporting documents, record outcomes and minute meetings held with the LDA and other agencies;

• Ensure all design documents reflect a design outcome for the purpose of a mixed use/ residential housing estate;

• Ensure all documents lodged for approval satisfy ACT development codes, guidelines, standards and legislation;

• Co-ordinate with relevant concurrent consultants to ensure submissions are of sufficient quality and made in accordance with the program dates;

• Circulate documents to agencies and/ or other stakeholders for comment and make amendments as deemed necessary;

• Compile and respond to agency comments (under direction of the LDA); • Obtain approval from all relevant agencies.

The Consultant shall advise the LDA prior to any liaison or meetings with Agencies or Stakeholders so that the LDA may determine whether it also wishes to attend. The Consultant will also minute any liaison meetings that occur and report this information back to the LDA Project Manager with clear identification of required actions for discussion.



The Consultant must highlight to the LDA, prior to submitting documents for Agency approvals, any non-compliance to codes, guidelines and standards in any submission together with an explanation on why any dispensations are being sought. The Consultant is required to attend fortnightly meetings with the LDA Project Manager to review progress. The Consultant will discuss, as required on a day-to-day basis, any matters that have the potential to delay the completion of the project or affect the contract price. The Consultant shall liaise with the LDA Project Manager to ensure that draft documentation is provided to the LDA prior to any submission, allowing sufficient time for the LDA review and for the Consultant to make any necessary amendments. The Consultant is required to liaise with and coordinate project activities with any other concurrent consultants (see Section 5 below). The scope of each stage of approval is described in greater detail in Section 6 of this Brief. In respect of any proposed requests for variations to the Consultant’s fee, attention is drawn to the provisions of Basic Brief Section 2.6 Adjustment to Total Lump Sum Fee. 2.5 Consultant Skills and Disciplines The Consultant (incorporating any of the Consultant’s sub-consultants) is required to carry out the work described in this brief and the Consultant is anticipated to have the following skills and disciplines:

• Project Management • Civil, Structural and Traffic Engineering • Urban Design, Architecture and Landscape Architecture • Town Planning / Environmental Planning and Assessment Consultant • Telecommunication design • Surveying • Geotechnical

2.6 Consultant Pre-Qualification The Consultant is required to have and maintain prequalification for the period of the consultancy with the ACT Government to category: CE Consultant – engineering, with superintendence. The prequalification must be held by the entity to be contracted to the LDA. A prequalified sub-consultant to the Consultant will not be sufficient to meet this mandatory requirement. The Consultant, and any of its sub-consultants, will not be precluded from participating in any future Lakeside land sales processes (including but not limited to any design competition) as condition resulting from being, or having been, the Consultant, or one of the Consultant’s sub-consultants, as the case may be.



3 PLANNING WORK CARRIED OUT TO DATE 3.1 Concept Master Plan Report – Hames Sharley The Concept Plan for Greenway Sections 57, 58, 59, 65, 66 and 10 (the site) has been prepared and endorsed by LDA. The Concept Plan includes planning principles and design considerations, including water sensitive urban design (WSUD), transport oriented development (TOD), ecological sustainability, landscaping, and enhancing and extending pedestrian and cycle path networks. The Environment and Sustainable Development Directorate (ESDD) is currently undertaking a Tuggeranong and Erindale Centres Master Plans project, focusing on public transport corridors and connections. The Lakeside site falls within the ESDD study area, and LDA has participated in this planning process. The Concept Plan is consistent with the status of the project (as at December 2011). 3.2 Concept Landscape Plan - AECOM A Concept Landscape Plan for the site has been completed. The Landscape Plan details specific land use areas, including parks, public water-front activity nodes, pedestrian and bicycle connections, designated eco-areas and places to access the water. The Concept Landscape Plan informed the preparation of the Concept Plan. 3.3 Community Consultation – Elton Consulting The LDA has undertaken a comprehensive community consultation strategy, which involved many stakeholders, including Tuggeranong Community Council, Business Tuggeranong, and the Australian Heart Foundation. The outcomes of the consultation have informed the Concept Plan, and some general key commitments have been made in response to this consultation process. The Consultant will incorporate the commitments made by the LDA into the EDPs. 4 PREVIOUS CONSULTANCIES In addition, the LDA has undertaken a number of separate studies in order to facilitate the development of the Concept Plan. Copies of the outputs from these studies will be made available to the Consultant, and a brief summary of each is provided.

• Aboriginal and Cultural Heritage Assessment; • Detailed Survey; • Site Investigation Report; • Sustainable Transport Assessment Strategy; • Traffic Modelling; • Tree Survey and Assessment; • Valuation and Market Analysis; • Contamination Assessment; and • Flora and Fauna Assessment and Review.



The Consultant should become familiar with the contents of these studies, and make allowance for those where further services by the Consultant are required. Summaries of the studies are provided here. 4.1 Aboriginal and Cultural Heritage Assessment The LDA has undertaken an Aboriginal and Cultural Heritage Assessment of the site which revealed no Aboriginal cultural heritage sites or areas of potential deposits. The Heritage Council endorsed this finding on 1 July 2011. 4.2 Detailed Survey A detailed survey of the site has been undertaken and will be made available to the Consultant. 4.3 Site Investigation Report The engineering Site Investigation Report (SIR) indicates the site area on the western side of the lake has a sloping grade of 2-5% towards Lake Tuggeranong. Existing swales are present and discharge water into the lake. All sections have blocks that are below the 100yr ARI flood level. Further investigation of the flood levels is currently being undertaken by the LDA (refer to Section 4 below). Fill exists on the site and ranges between 0.4 to 1.4 meters. Geotechnical investigations are required for Lakeside and these services are included within the scope. Key services have been identified in adjacent and surrounding verges, and a trunk service runs through several Sections. A partial relocation of the trunk sewer will be undertaken, and has had preliminary cost estimates completed. Detailed design associated with the relocation of the trunk sewer line is included within the scope. 4.4 Sustainable Transport Assessment The Sustainable Transport Assessment report indicates the Lakeside site is well located to encourage sustainable transport use, including public transport, riding and walking. The development will draw on existing services, and may include some additional bus routes/stops, however that is yet to be confirmed. The Consultant will be required to take into account the findings of this report. 4.5 Site Investigation Traffic Impact Assessment A Traffic Impact Assessment (TIA) has been undertaken to assist the road and intersection design for the Concept Plan, and identify existing infrastructure constraints. The report indicated that post-2021 Drakeford Drive would suffer considerable pressure given the forecast growth projections for the suburb as a whole. Lakeside would specifically contribute to pressure at the Drakeford Drive/ Soward Way/ Erindale Drive intersection; whilst alleviating some pressure as a result of the proposed intersection at Drakeford Drive/ Oakden Street Extension. The Concept Plan does not anticipate any internal queuing, and has been assessed as legible and serving excellent access to the proposed medium density dwellings. Preliminary parking numbers were calculated using the proposed building footprints, and exceed the code requirements.



The Consultant will be required to respond to TIA recommendations, including considering Local Area Traffic Management measures to re-enforce the speed environment of Oakden Drive Extension, and deter the possibility of rat-running. 4.6 Tree Survey and Assessment A Tree Survey and Assessment was undertaken and revealed no Registered Trees, or Regulated Trees of Exceptional Quality on site. Despite this, a small number of Regulated High and Medium Quality trees were identified. The Consultant will be required to respond to the recommendation to preserve and incorporate trees with future potential and existing urban amenity where appropriate. 4.7 Valuation and Market Assessment A Valuation and Market Assessment has been undertaken and has revealed that residential and mixed use development would most benefit the area; with a current oversupply of commercial floor-space in the area. As such, the Concept Plan has been developed to accommodate active frontage on the ground floor for the length of Anketell Street, and a small waterfront node for retail, restaurants and cafes. The proposed development has been deemed to appeal most to owner occupiers, given the open space and amenity shown in the Concept Plan, with a range of studio, two and three bedroom apartments or townhouses. 4.8 Environmental Site Assessment (Contamination) A Phase 1 Environmental Site Assessment was undertaken, and indicates small amounts of contamination in some areas of the site. The findings were endorsed by the Environment Protection Unit (EPU) on 28 June 2011, with the condition that a Contamination Management Plan (CMP) be completed before the site is made available for sensitive uses (residential). The CMP has now been completed and will be endorsed by the EPU following the approval of the EDP. 4.9 Flora and Fauna Assessment and Review A Flora and Fauna Assessment has been undertaken and has revealed a small area on the south-east banks of Lake Tuggeranong has the habitat potential for a small number of endangered species. As the assessment was not undertaken during the optimal survey season, a review of the findings is currently underway, which may lead to a requirement for a referral under the EPBC Act. Nevertheless, the LDA does not envisage a referral would cause a project delivery delay. Findings to date indicate that referral under the EPBC Act will not be required. 5 CONCURRENT CONSULTANCIES The LDA has engaged or proposes to engage the following concurrent consultants. Further consultants may also be engaged during the term of the consultancy.



5.1 Variations to the Territory Plan A Variation to the Territory Plan is currently being sought to re-zone the current Commercial Zone 3 – Services (CZ3) at Lakeside West to Commercial Zone 2 - Business (CZ2) (see Figure 2. Current Territory Plan Map). The introduction of a Future Urban Area Overlay (FUA) over the same area is also being sought (see Figure 3. Proposed Zoning). This concurrent consultancy is being undertaken by CB Richard Ellis. Submission to ESDD is expected shortly. The DVP process is expected for to be completed within 12 months of submission. A separate process to seek rezoning of land at Lakeside East is anticipated to commence in January 2012. This DVP would seek to rezone the Urban Open Space to RZ4 - Residential. Similarly, this process is expected to take 12 months to complete. 5.2 Flood Investigation and Mitigation Strategy A flood assessment is currently being undertaken for the LDA by Indesco Consulting Engineers. Indesco is undertaking a hydrological analysis for various storm events up to 100 years ARI. The analysis will identify flooding and other stormwater management issues and opportunities for the site and including preliminary options for flood mitigation. The output will include a design options report. This work is expected to be completed in February 2012. 5.3 Aquatic Impact Assessment SMEC have commenced the preparation of an Aquatic Impact Assessment for Lake Tuggeranong for LDA. This consultancy will investigate existing lake and downstream conditions, and provide an assessment of the aquatic values of the lake, including elements such as ecological, recreational and aesthetic values. The assessment will consider the possible impacts created by the proposed development of Lakeside and develop a strategy for avoidance and mitigation measures. This work is expected to be completed in February 2012. 5.4 ActewAGL LDA proposes to engage ActewAGL as a concurrent consultant for electrical and streetlight design.



6 SCOPE OF WORK 6.1 Greenway Lakeside The physical extent of Lakeside considered in this consultancy is generally as outlined in Figure 1 (Concept Plan map) of this Brief. The site is generally bounded by Drakeford Drive, Athllon Drive, Anketell Street and Soward Way (with the exception of the north-western corner of the site, which follows the legal boundary of Block 3 Section 57). 6.2 Estate Development Plan The EDP phase of the project generally equates to the Preliminary Sketch Plan (PSPs) stage (as described in the Basic Brief). The Consultant’s submission for this phase should be in accordance with that of a PSP submission, as well as particular requirements described in this Brief in respect of the EDP and EDP DA lodgement. Based on the Concept Plan, two EDPs will be prepared, one for Lakeside West and one for Lakeside East (as described in Section 2.2). The EDPs are to be prepared in accordance with all relevant guidelines, codes and requirements for the preparation of an EDP within the Territory Plan. Copies of the document may be obtained from ESDD or at the following web address: http://www.actpla.act.gov.au. Preparation and submission of the DA is part of the EDP process. DA fees will be paid directly by LDA. The design for the EDPs will specifically include: • The mixed use/ residential estate for Lakeside West and Lakeside East including

the connections to all necessary infrastructure services on and off-site and as otherwise required by relevant Authorities;

• Detailed landscape design; • Telecommunication design to meet NBN Co specification for the roll out of Fibre to

the Home installation; • Consideration for WSUD and potential water quality control ponds at key locations; • All current and future requirements for recreation and cycle/ pedestrian crossings

linkages to adjoining developments; • Planning controls and development conditions (conforming with the proposed

zoning of the land) incorporated into the EDP submission to inform the Territory Plan; and

• Compliance with the ACT Government’s Territory Plan, and ACTPLA Guidelines for the preparation of Estate Development Plan including all necessary plans.

Any planning activities carried out during the Estate Development Planning Phase by the Consultant will be carried out by a town planner approved explicitly in writing by the LDA prior to commencing works.

http://www.actpla.act.gov.au/



The Consultant is required to provide final base plans to relevant concurrent consultants no later than 5 weeks prior to any submission date to enable design inputs to be coordinated with the Consultant and completed by these concurrent consultants. The Consultant is required to provide, 1 week prior to lodgement, the complete EDP proposal (drawings and report – including all attachments) for review by the LDA including a completed copy of the LDA checklist for draft EDP circulations (Attachment 1) endorsed by the Consultant Project Manager. The Consultant is required to undertake a report for compliance against rules and criteria of the Territory Plan Multi Unit Housing Development Code (and other applicable Codes) for inclusion as an attachment to the main EDP report. The report is to document whether compliance with the Rules of the Territory Plan is achieved. Where compliance with a Rule is not achieved the report is to document why the applicable Criterion of the Territory Plan is achieved. Any comments from the LDA review are to be incorporated in to the submission prior to lodgement. Following consideration of the EDP submission by the approving agencies all comments are to be appropriately documented in the EDP, including written confirmation of endorsement by the relevant agency making comment prior to re-submission of the final EDP. The Consultant is required to take ownership of the consolidated comments table from agency circulation and as required document the response to all comments received. Following endorsement of the EDP by ESDD the Consultant is to prepare the EDP documentation in compliance with the requirements of ACTPLA for lodgement as a DA. The LDA will pay associated fees. 6.3 Detailed Landscape Master Plan Preparation of the Detailed Landscape Master Plan (Detailed LMP) by the Consultant’s Landscape Architect is also required during the EDP phase. The Concept LMP Plan will inform the preparation of the Detailed LMP. The LMP outputs will include: • Preparation of landscape inputs into the EDP including an LMP; • Tree Management Plan, including Tree Impact Plans if required based on the

existing tree survey and assessment and the final EDP subdivision; and • Preparation of detailed design for landscape elements. In developing the Detailed LMP, the LDA requires key project objectives to be integrated, including:

• Consideration of relevant environmental sustainability initiatives for medium density infill development;

• WSUD, including regard for various environmental measures such as water reuse; water treatment; water biodiversity; water microclimate and urban heat island;

• Consideration of a materials palate that is resilient and able to withstand the harsh Canberra climate;



• Providing flexibility in the delivery of the civil works program to respond to market demand; and

• Community wellbeing by providing access to services and recreation, fostering social interaction and creating a pleasant place to live and visit.

6.4 Urban Design Guidelines The Consultant is to prepare Urban Design Guidelines which will form a component of a Project Delivery Agreement, which will be prepared for the sale of each site. The design guidelines should include elements such as, but not limited to:

• Building typology; • Architectural guidelines that cover character, form, articulation elements,

materials and finishes; • Landscape guidelines for private common spaces; and • Interface with public realm.

These guidelines will be required to form part of the sales documentation for each land parcel.

6.5 Detailed Design The Detailed Design phase and Tender Documentation phase (see Section 6.6 below) of this project together generally equate to the Document Readiness (DR) Final Design and Documentation stage (as described in the Basic Brief). The Consultant is required to make submissions in accordance with the Basic Brief Document Readiness (DR) submission and Final Design (DR) Report requirements and other requirements of this Brief.

6.5.1 Mixed Use Estate

The Consultant shall prepare and submit to relevant agencies detailed design documents for all engineering and all landscaping works associated with development of Lakeside. The detailed design documents shall include drawings and a report (including a detailed cost estimate), sufficient to obtain design approval from all relevant agencies. The Consultant will incorporate the output of any other relevant consultant (concurrent consultant) engaged by the LDA into the detailed design. The Consultant shall obtain all necessary approvals from relevant agencies for the design and advise those approvals to the LDA in writing. The scope of the Detailed Design submissions will reflect the scope of the EDP described in Section 6.4 above. The Consultant is required to provide final base plans to relevant concurrent consultants no later than 5 weeks prior to any submission date to enable design inputs to be coordinated with the Consultant. This will enable work by these concurrent consultants



to be co-ordinated, then completed and submitted at the same time as the engineering design submission. The Consultant will liaise with the LDA and obtain the LDA’s approval for all designs on blocks including but not limited to: • Easement locations; • Driveway locations and grades; and • Block grades.

The Consultant is to recommend, on consideration of the design, appropriate staging boundaries for Lakeside. A provisional staging plan has been completed by the LDA which can be reviewed on the Consultant as this project proceeds to detailed design. The staging needs to take into account the LDA’s ability to deliver in accordance with the ACT Government Indicative Land Release Programs 2011-12 to 2014-15 (ILRP) and also have regard for the desire to develop lakefront lots first, prior to development along Anketell Street/ Drakeford Drive. The Consultant is required to provide, prior to lodgement, the complete Detailed Design proposal for assessment by the LDA. Any comments from the review are to be incorporated in to the final submission prior to lodgement by the LDA.

6.5.2 Specific Inclusions

The following specific inclusions relate to the Detailed Design phase. 6.5.2.1 Planning and Design The Consultant will liaise with the electrical designer to coordinate trees and electrical infrastructure (street lights, transformers and mini pillars/pits) with driveways and other services to ensure that there are no clashes. 6.5.2.2 Engineering Checklist The Consultant is to provide to the LDA prior to submission of design drawings to agencies a ‘tick box’ check list with block numbers down the side and services items across the top. It is to confirm that the public engineering assets such as manhole covers (sewer and stormwater), street trees, street crossovers, stormwater pit inlets, and light poles, electrical pillars etc, have been checked and coordinated for clashes and design levels are correct. A second checklist is to be prepared showing what has been checked on block prior to requesting LDA to approve the on block designs. In preparation of Tender Documents the Consultant is required to complete the ACT Procurement Solutions Quality Checklist for Civil Projects – Pre-Tender Review available from ACT Procurement Solutions.



6.5.2.3 Survey The Consultant will provide a surveyor to carry out the following: • Normalisation of planner’s subdivision layout to input into the Computation Plan

and serve as a base data set for the EDP; • Prepare Computation Plan and submit to ACTPLA for inclusion in the Digital

Cadastre Data Base and creation of Approved Plans; and • Prepare Block Details Plans for inclusions in the sales documentation. A copy of the brief given to the team’s surveyor shall be submitted with the tender, together with the tender response received from the surveyor. (This will enable comparisons to be made during the tender evaluation). Note: The surveyor is not required to undertake the pegging of blocks and subsequent plan of survey as part of this consultancy. 6.5.2.4 Geotechnical Investigation

The Consultant will identify the scope of, and carry out the further geotechnical investigation required for Detailed Design. A copy of the brief given to the team’s geotechnical engineer shall be submitted with the tender, together with the tender response received from the geotechnical engineer. (This will enable comparisons to be made during the tender evaluation). Note: The geotechnical engineer is not required to undertake individual block soil classification as part of this consultancy. 6.5.2.5 Utilities The Consultant will liaise with relevant agencies regarding provision of joint trenching of gas, telecommunications and electrical services. The Consultant is required to undertake the design and documentation of the residential estate ‘Pit and Pipe’ infrastructure for the roll out of the NBN Co. Telecommunication Network. Street lighting will be carried out by ActewAGL. 6.5.2.6 Hydraulic Services Design The Consultant is required to liaise with relevant agencies with regard to the design of connections to existing offsite hydraulic services and the provision of any associated infrastructure and prepare suitable master plans that ultimately must be sufficient to obtain ActewAGL approval. Sites are to be designed with sufficient capacity for the number of dwellings proposed on the site and meet the requirements of ActewAGL.



6.5.2.7 Sewerage Design The Consultant is required to liaise with relevant agencies with regard to the design of connections to existing offsite sewerage services and the provision of any associated infrastructure and prepare suitable master plans that ultimately must be sufficient to obtain ActewAGL approval. The development of Lakeside West will involve the partial realignment of a trunk sewer service. The Consultant will be required to investigate this relocation further, and develop detailed design for the new alignment. Early consultation with ActewAGL will be required. 6.6 Tender Documentation 6.6.1 Tender Documentation for Construction (Civil and Landscaping)

The civil and landscape construction packages will be constructed under separate contracts. The Consultant is required to prepare the Tender Documents for civil and landscaping construction package, including contract conditions, technical specifications and a bill of quantities. The Consultant is to provide an allowance to: • Pause detailed design and prepare a Tender Document set of drawings, prior to

achieving design acceptance, based on first circulation comments on the EDP; and • Re-commence detailed design during the tendering period in order to obtain

design acceptance as soon as possible after the tender close date. The civil construction documentation will include landscaping of street verges and including street trees. The landscaping construction documentation will include landscaping of the remaining landscape elements in the estate. The Consultant will further assist in the Tender Document process, and assist in the tender assessment process, including the preparation of a detailed pre-tender cost estimate (with priced Bill of Quantities), tender compliance report and contract documentation.

6.6.2 Post Tender

The Consultant shall rectify all design errors identified during the course of the construction period, even where such errors may have been part of an agency approval. The Consultant is required to provide copies of documentation associated with the design to the Superintendent on request, including clarification of any such design. The services of the Consultant may be required to undertake further design work in addition to the scope where requested.



6.6.3 Construction Superintendence

Construction superintendence and any other construction phase services are not included as part of this brief and will be the subject of future procurement processes.



7 CONSULTANCY MANAGEMENT AND LIAISON The consultancy will be let and administered according to ACT Government policies and procedures. The LDA Project Manager is as follows: LDA Project Manager Kristi Jørgensen Urban Projects Land Development Agency Telephone: 02 6207 7316 Facsimile: 02 6207 6110 E-mail: [email protected] General liaison is to be with the LDA Project Manager or her nominated representative. The LDA Project Manager will make regular contact with the Consultants’ Project Manager to ensure the project is progressing in accordance with an agreed timetable and other provisions of the Services Agreement. The Consultant is expected to attend fortnightly meetings with the LDA Project Manager to review progress. The Consultant will discuss, as required on a day-to-day basis, any matters that have the potential to delay the completion of the project or affect project costs. The Consultant shall liaise with the LDA Project Manager to ensure that draft documentation is provided to the LDA prior to any submission, allowing sufficient time for LDA review and for the Consultant to make any necessary amendments. 8 DATA COLLECTION AND CONSULTATION WITH STAKEHOLDERS In developing their designs the Consultant is required to consult with key stakeholders including, but not limited to: • ESDD, incorporating the ACT Planning and Land Authority; • ACT Emergency Services; • ACT Education; • ACT Heritage; • Territory and Municipal Services; • ActewAGL; • Jemena; • Telstra, Transact and Optus; • NBN Co; and • ACTION. These stakeholders must be involved from the beginning of the project through meetings, discussions and workshops and will include the LDA Project Manager where necessary. The LDA is to be included in all consultation sessions with community groups. Prior to commencing work, the Consultant team is required to consult with the



LDA Project Manager to discuss the project and review available background information. 9 TIMING The timing of the deliverables for this consultancy must enable the LDA to release land in accordance with the ILRP. The Consultant will submit a detailed program at the commencement of the project, in the form of a Microsoft Project Gantt chart setting out the intended commencement and completion dates of the various tasks required to complete the project. Inclusion of a Responsibilities Matrix within the tender submission will also be required. As previously stated in Section 5.6 the staging should accommodate the release of a site/s to deliver approximately 250 dwellings and the timing of design for the first stage civil design activities should comply with the table below. Subsequent stages should commence detailed design and achieve approvals to allow for construction Tender Documents 2 months after the advertising of the previous stage’s Tender Documents. Depending on market demand for land, the LDA may review these requirements for Tender Documents. The civil design is to include the bulk earth works requirements for parks and open space areas. The staging of landscape works, other than street verges included in the civil works, is to be determined following approval of the EDP DA. An analysis of how these park and open space areas relate with the civil works will then determine the landscape staging packages and program. In general, these larger landscape packages will be undertaken as separate stages to the civil works and commence at the completion of each individual stage of the civil works. The Consultancy is expected to commence in February 2012. Indicative Critical Dates

ACTIVITY DATE Procurement Call Submission December 2011 Close Submission January 2012 Issue brief to successful consultant February 2012 Estate Development Planning Develop EDP (Stage 1 and 2) February–May 2012 Lodgement of EDP for agency circulation (Stage 1 only; Stage 2 may be included for circulation following discussions with ESDD)

May 2012

Agency endorsement of EDP (Stage 1) August 2012 Lodge Development Application (Stage 1) August 2012 EDP Development Approval (Stage 1) October 2012 Civil Detail Design – Stage 1 and Stage 2 Commence Detail Design June 2012 Lodge Detail Design with acceptance agencies September 2012 Approval of Detail Design October 2012 Call construction tender (Stage 1 only) November 2012 Award construction contract (Stage 1 only) December 2012



Notes: 1) The indicative project timeframe described above is based on the assumption that an expedited process for a Territory Plan Variation will occur for Lakeside West (Stage 1). 2) The lodgement of the EDP for Stage 1 will precede the lodgement of Stage 2. Lodgement timeframes for the Stage 2 EDP are yet to be confirmed, and can only occur following a Variation to the current Territory Plan. The Consultant will however prepare EDP documentation and Detail Design for both Stages and the LDA will lodge the Stage 2 EDP following completion of preceding processes. 10 DOCUMENTATION AND DATA MANAGEMENT REQUIREMENTS Allowance should be made for: • Where requested by the LDA hard and or soft copies in an agreed format of any

drawing or document produced by the Consultant; • All plans and materials necessary to support workshops; • For each submission copies of the EDP drawings and report as per requirements

of ACTPLA Guidelines for the preparation of Estate Development Plans; • A complete Development Application (DA) drawing set and report as per ACTPLA

Development Application submission requirements; • CD’s containing digital files for all reports prepared by the Consultant in Microsoft

Word format; • CD’s containing digital files for all drawings in pdf and dwg and any other format

agreed; • All necessary drawings, documents and electronic data required by the approving

agencies for detail design; and • All necessary drawings, documents and electronic data required for Tender

Documents for civil works The scale of the drawings is to be agreed with the LDA Project Manager. 11 QUALITY ASSURANCE

11.1 Quality Assurance Requirement The Consultant shall establish and maintain a quality management system in accordance with ISO 9001:2000, as interpreted by the Australian Standard Publication HB90.3 – 2000 ‘The Construction Guide ISO 9001-2000’. 11.2 Quality Audits

The Consultant must afford to the relevant agency, access for the purpose of audit and quality surveillance of the consultant team’s quality management system. This shall include any related access to the constructor's quality management system and compliance records, if applicable to this brief.



10.3 Documents to be Prepared and Retained The following table lists the quality documents to be prepared for this project and the minimum period of retention for the documents: QUALITY REQUIREMENTS (formerly USF956)

QUALITY RECORDS Submit Retention

Type of Record No. of Copies

To Whom

Date Required

Retain By Whom

Minimum Period (Years)

Project Quality Plan Consultant 7 years

Design Verification Plan Consultant 7 years

Design Calculations Consultant 25 years

Product Identification and Traceability Records

Consultant 7 years

Test Results Consultant 7 years

12 AVAILABLE INFORMATION AND RESOURCES The LDA Project Manager will be the main point of contact for the Consultant. That PO will also be available to arrange access to relevant information held within ACTPLA. The following information is available and can be made available to the Consultant if requested: • Design Standards for Urban Infrastructure, Department of Urban Services; • The Territory Plan 2008 Volumes 1 – 3; and • Guidelines for the preparation of Estate Development Plans. ATTACHMENTS

1. LDA Checklist for draft EDP circulations



Attachment 1 – LDA EDP Checklist

Land Development Agency – Estate Development Plan Checklist

This checklist is to be completed by the Consultant and provided to the LDA with the review with the draft EDP report and drawing set.

Project: _________________________________________________________________

Date of Submission to LDA: __________________________________________________

Signature of Consultant Representative____________________ ____________________

The following information must be included on the Estate Development Plan submission:

ITEM CHECK Drawing List Road and Block Layout Block and Section Identifiers Road Identifiers Carriage and verge widths (should be on the Typical Road Cross Section Plan)

Indication of traffic features and calming devices Connection to existing roads Location of reticulated service zones (sewer, water, gas, electricity and telecommunication) – (Included on the Services Plan and in the Report)

Shared trench concept drawing (including the location of the shared trench in relation to the footpath) – (Included on the Services Plan)

Public Open Space (Included be on EDP Plan) Playgrounds (Included be on the EDP Plan) Pathways (footpaths, cycle paths, etc) with width shown on legend (Included on the Footpath or Cycle Plan)

Location of any proposed community and commercial sites Location of public car parking spaces / areas Multi-unit blocks identified and maximum number of units on each block (Included on the EDP Plan)

Existing tress which are proposed to be retained (Included on the Tree Management and / or Landscape Master Plan)

Regulated tree (Included on the Tree Management and / or Landscape Master Plan)

Significant nature features Heritage conservation areas Potential contaminated sites Contours (2m intervals) (Included on Block Details or Survey Plan) Easement within blocks (Included on Block Details or Survey Plan) Relationship with any adjoining or proposed development (including road layouts, public open space etc)

EDP Report (As a separate document) Estate Development Plan

Block Details Plan Locality Plan Concept Master Plan Staging Plan Land Use Plan Slope Analysis Plan Stormwater Master Plan Sewer Concept Plan Water Sensitive Urban Design Outcomes Plan Sewer Master Plan Water Supply Master Plan Landscape Master Plan Tree Survey and Tree Management Plans Tree Management Plan Energy Audit Plan Road Hierarchy and Traffic Analysis Plan Road Details Plan Typical Cross Sections Road Long Sections Public Transport Network and Off Road Movements Systems On-street Parking Plan Waste Collection Plan Building Envelope Plan Development Intentions Plan Planning Control Plan Integrated Development Plan Bushfire Risk Assessment and Management Plan Fill Plan Environmental Management and Concept Plans Fencing Plan Block Typology Plan Utilities Services Plan Mature Canopy / Streetlight typical section Shadow diagrams

Note: All plans, where appropriate, are to include legend, north arrow, scale bar and version control details.

20 | P a g e Version 4 – 09/09/2011

ATTACHMENT 2 – PRICING SCHEDULE

Tenders are required to complete this schedule. All prices provided must be inclusive of GST.

It is noted that some of the cells in the following table will be filled with $0 amount, as not all team members are required to provide input in all phases of the works.

Tenderer (Company) _____________________________________________________

Estate

Development Plan

Detailed Design

Urban Design Guidelines

Tender Documentation

Total

Project Manager

Civil Engineer / Structural Engineer

Planner/Urban Designer

Landscape Design

Surveyor

Other Consultants

Total:

30 | P a g e Version 4 – 09/09/2011

ATTACHMENT 3 – TENDERER DECLARATION

I/We tender to the LDA for the Planning and Engineering Design for Greenway Lakeside on behalf of the Land Development Agency at the GST-inclusive prices specified in this Tender.

I/We have provided details of any information I/we wish to be treated as confidential in any resulting contract, in accordance with Part 11 of the Standard Conditions of Tender – Services.

I/We undertake to provide insurance policies if selected as the preferred tenderer prior to entering into a contract with the LDA.

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

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

Business Address Postal Address

State P/Code State P/Code

Telephone No Mobile No Facsimile No Email address

Name of ACT Professional Standards Scheme Upper Limit of capped Professional Indemnity Liability Insurance

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

40 | P a g e Version 4 – 09/09/2011

ATTACHMENT 4 – DRAFT SERVICES AGREEMENT

RFT 18568 on behalf of the Land Development Agency

VERSION 2.2 – 14TH SEPTEMBER 2011 1 | P a g e

SERVICES AGREEMENT Date

_________________ 2011

Parties LAND DEVELOPMENT AGENCY

[INSERT FULL NAME OF CONSULTANT INCLUDING ACN IF COMPANY OR ABN]

PLANNING AND ENGINEERING DESIGN GREENWAY LAKESIDE

Prepared by [Insert Agency] [Insert Address 1] [Insert Address 2] [Insert Address 3] Ph: [Insert] Fax: [Insert] Ref: [INITIALS]:[CONTRACT NUMBER]

Version Draft 13 December 2011



CONTENTS 1. Interpretation ............................................................................................ 3

2. Services .................................................................................................... 7

3. Term ......................................................................................................... 7

4. Contract Price ........................................................................................... 7

5. Ownership and use of material ................................................................. 7

6. Consultant’s personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

7. Non-disclosure of LDA Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

8. Confidential Text under Procurement Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

9. Insurance and indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

10. Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

11. Dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

12. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Attachment A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25



PARTIES: LAND DEVELOPMENT AGENCY, the body established under section 31 of the Planning and Development Act 2007 (LDA) of TransACT House, 470 Northbourne Street, DICKSON ACT 2602

[INSERT FULL NAME, INCLUDING ACN FOR A COMPANY OR ABN FOR

OTHER ORGANISATION AND CHECK IT IS A LEGAL ENTITY] of [Insert address (of registered office if for a company)] (Consultant).

BACKGROUND A. The LDA has undertaken a procurement process and has selected the Consultant to

provide the Services. B. The LDA has agreed to purchase and the Consultant has agreed to provide the

Services in accordance with the provisions of this Agreement. IT IS AGREED by the parties as follows.

1. Interpretation 1.1 Definitions

The following definitions apply in this Agreement, unless the context otherwise requires. ACTIA means the Australian Capital Territory Insurance

Authority.

APRA means the Australian Prudential Regulation Authority.

Confidential Text means any text of this Agreement that, for the purposes of the Procurement Act, either party proposes should not be published and which is specified in Item 7 Schedule 1.

Consultant Material

means all material owned by the Consultant and used for the purpose of providing the Services, including documents information and data stored by any means.

Contract Material means all material created, written or otherwise brought into existence as part of, or for the purpose of performing the Services including all reports (whether in draft or final form), documents, information and data stored by any means.



Contract Officers means in relation to each party, the

representatives whose names and contact details are specified in Item 1 Schedule 1, or as notified from time to time by one party to the other.

Contract Price means the amounts specified in, or calculated in accordance with, Item 3 Schedule 1.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Insurance Determination

means any relevant statutory instrument relating to public liability insurance made under the Financial Management Act 1996 (ACT).

Invoice means an invoice that: (1) if GST is payable in respect of the

provision of the Services, is a valid tax invoice for the purposes of the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

(2) clearly sets out details of the Services

provided and of the amount that is due for payment, is correctly calculated and is in respect of Services that have been performed in accordance with this Agreement;

(3) is accompanied by any other details or

reports required under this Agreement; and

(4) is rendered at the times specified in Item 3

Schedule 1 (if any) and addressed to the LDA’s Contract Officer.

LDA means the Land Development Agency, the body

established under section 31 of the Planning and Development Act 2007.

LDA Information means the kind of information that: (1) is or relates to documents, submissions,

consultations, policies, strategies, practices and procedures of the LDA which are by their nature confidential;



(2) is notified (whether in writing or not) by the LDA to the Consultant as being confidential;

(3) is specified in Item 6 Schedule 1; or (4) is Personal Information, but does not

include information that: (5) is or becomes public knowledge other than

by breach of this Agreement; (6) has been independently developed or

acquired by the Consultant; or has been notified by the LDA to the Consultant as not being confidential.

LDA Material means any material provided by LDA or the Territory to the Consultant for the purposes of this Agreement including documents, equipment, information and data stored by any means.

Personal Information

means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about a natural person whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Prescribed Insurer

means, in relation to: (1) public liability insurance, an insurer that is:

(a) accepted by the Australian Capital

Territory Insurance Authority (ACTIA) for the purposes of the Insurance Determination,

(b) authorised by the Australian

Prudential Regulation Authority (APRA) to conduct new and renewal insurance business in Australia, or

(c) if not authorised by APRA to

conduct new or renewal insurance business in Australia, rated at A- or better by a ratings agency acceptable to ACTIA,

or any other insurer prescribed under the



Insurance Determination from time to time; and

(2) other insurance, an insurer having a Standard and Poor’s or Best’s Rating A- or better.

Procurement Act means the Government Procurement Act 2001

(ACT).

Services means the services described in Schedule 2.

Special Condition

means any provision set out in Schedule 3.

Specified Personnel

means any person named in Item 4 Schedule 1, or any other employee or agent of the Consultant, who is approved by the LDA from time to time for the purpose of clause 6.

Term means the term specified in Item 2 Schedule 1, and if extended, the initial term and the extended term.

Territory means: (1) when used in a geographical sense, the

Australian Capital Territory; and

(2) when used in any other sense, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cth).

1.2 General

In this Agreement, unless a contrary intention is expressed: (1) references to “Consultant” include any employees, agents or subcontractors of

the Consultant; and (2) references to legislation or to provisions in legislation include references to

amendments or re-enactments of them and to all regulations and instruments issued under the legislation.

(3) “include” is not to be construed as a word of limitation;

(4) headings have no effect on the interpretation of the provisions; and

(5) an obligation imposed by this Agreement on more than one person binds them jointly and severally.



2. Services 2.1 Performance of Services

The Consultant must perform the Services in accordance with the provisions of this Agreement and to a standard of care, skill and diligence expected of a person who regularly acts in the capacity in which the Consultant is engaged.

2.2 Equipment The Consultant must provide all equipment in performing the Services, unless

otherwise stated in this Agreement, or unless approval has been given by the LDA’s Contract Officer to use specified LDA equipment.

2.3 Progress of Services The Consultant must provide a written report to the LDA on the progress of the

Services as requested by the LDA from time to time. 3. Term

(1) This Agreement is for the Term unless terminated under the provisions of this Agreement.

(2) This Agreement may be extended by written agreement of the parties prior to the

expiration of this Agreement.

4. Contract Price 4.1 Invoice

The LDA must pay the Consultant the Contract Price following its receipt of an Invoice and otherwise in accordance with Item 3 Schedule 1.

4.2 Incorrect payments

If, after payment, an invoice is found to have been incorrectly rendered, any underpayment or overpayment will be recoverable by or from the Consultant, as the case may be, and, without limiting recourse to other available remedies, may be offset against any amount subsequently due by the LDA to the Consultant under this Agreement.

5. Ownership and use of material 5.1 Ownership of material

Ownership of: (1) all Contract Material, including any intellectual property rights, vests on its



creation in the LDA; (2) all LDA Material, including any intellectual property rights, remains with the

LDA; and

(3) all Consultant Material, including any intellectual property rights, remains with the Consultant.

5.2 Licence of material

(1) The LDA grants to the Consultant a royalty-free, limited licence to use the Contract Material and LDA Material for the Term.

(2) The Consultant grants to the LDA a royalty-free, perpetual, limited licence to

use the Consultant Material.

(3) For the purpose of this clause, “use” includes:

(a) such uses as are reasonably necessary for the LDA to obtain the full benefit of the Services, including use of the Contract Material, and

(b) such uses as are reasonably necessary for the Consultant to undertake

the Services or as otherwise agreed by the LDA,

and may include supply, reproduce, publish, perform, communicate, broadcast, adapt and copy as the context requires.

5.3 Third party rights

The Consultant must ensure:

(1) the use of any Contract Material will not infringe the intellectual property rights

of any third party; and

(2) no fees, royalties or other payments are payable in respect of any third party rights as a result of the LDA’s (or its agents’) use of any Contract Material.

5.4 Moral rights

The Consultant must, in relation to the authors of any work that comprises or forms part of the Contract Material: (1) use its best endeavours to include in the Contract Material an attribution of

those authors; and (2) procure from those authors their genuine written consent for the LDA to:

(a) attribute the authorship of the work to the LDA or a third party where

that attribution was inadvertent,



(b) not attribute the authorship of the author when using the work (including exhibiting or performing the work in or to the public), and

(c) materially alter the work in any way.

5.5 Safekeeping and preservation of material

The Consultant must ensure the safe-keeping and proper preservation of Contract Material and LDA Material in its possession or control and deliver to the LDA all Contract Material and LDA Material on the expiration or termination of this Agreement (other than copies of material that the LDA has authorised the Consultant to retain).

5.6 Delivery of Material to LDA

On the expiration or earlier termination of this Agreement, the Consultant must deliver to the LDA all Contract Material and LDA Material (other than copies of material that the LDA has authorised the Consultant to retain).

6. Consultant’s personnel

The Consultant must: (1) in performing the Services, engage only persons who have the skills, training

and expertise appropriate for the Services; (2) comply with all reasonable requirements notified by the LDA regarding the

suitability and fitness of persons engaged by the Consultant for the performance of Services;

(3) ensure the services are performed by Specified Personnel (if any) and provide

replacement personnel acceptable to the LDA at no additional charge and at the earliest opportunity if the Specified Personnel are unable to perform any of the Services; and

(4) if the LDA requires, ensure that each person engaged in the performance of

the Services executes a deed of confidentiality in a form acceptable to the LDA, and provide those executed deeds to the LDA in accordance with any requirements that the LDA notifies.

(5) if using the LDA’s premises or facilities to perform the Services, comply with all

security and office regulations in effect at those premises or regarding those facilities, as notified or directed by the LDA.

(6) if required by the LDA, provide verification of the Consultant’s compliance with

its employee and industrial relations obligations for the purpose of the Procurement Act.



7. Non-disclosure of LDA Information 7.1 Consultant’s use of LDA Information

The Consultant must:

(1) use LDA Information held in connection with this Agreement only for the

purposes of fulfilling its obligations under this Agreement; (2) comply with the “Information Privacy Principles” set out in the Privacy Act

1988 (Cth) as if they were provisions of this Agreement and the Consultant was a collector and/or record-keeper of the Personal Information as defined in the Act;

(3) not transfer LDA Information held in connection with this Agreement outside

the Territory, or allow any person (other than its authorised personnel) outside the Territory to have access to it, without the prior approval of the LDA; and

(4) notify the LDA immediately if the Consultant becomes aware that a disclosure

of LDA Information is required by law, or an unauthorised disclosure of LDA Information has occurred.

7.2 Consultant to protect LDA Information

(1) Except as provided in this Agreement, the Consultant must not disclose LDA Information to any person without the prior written consent of the LDA except to the extent that the LDA Information is:

(a) required or authorised to be disclosed by law, (b) disclosed to the Consultant’s solicitors, auditors, insurers or advisers, (c) generally available to the public, or (d) in the possession of the Consultant without restriction in relation to

disclosure before the date of receipt from the LDA.

(2) The Consultant must take all reasonable measures to ensure that LDA Information accessed or held by it in connection with this Agreement is protected against loss, unauthorised access, use, modification, disclosure or other misuse in accordance with reasonable procedures for that purpose and that only its authorised personnel have access to LDA Information.

(3) The Consultant must do all things necessary to ensure that LDA Information

accessible to the Consultant and the Consultant’s personnel by virtue of the performance of this Agreement is not accessed, published or communicated in any way, including imposing upon the Consultant’s personnel obligations of confidentiality with respect to LDA Information.

7.3 Acknowledgement of effect of Crimes Act



The Consultant acknowledges that the publication or communication of any fact or document by a person which has come to its knowledge or into its possession or custody by virtue of the performance of this Agreement (other than to a person to whom the Consultant is authorised to publish or disclose the fact or document) may be an offence under section 153 of the Crimes Act 1900 (ACT), the maximum penalty for which is 2 years imprisonment.

8. Confidential Text under Procurement Act 8.1 LDA may make Agreement publicly available

In giving effect to the principles of open and accountable government, the LDA may disclose documents and information unless it has otherwise agreed, or is otherwise required under law, to keep the information confidential. In accordance with those principles, this Agreement may be a notifiable contract under the Procurement Act and, if so, the LDA will be required to make the text of this Agreement available to the public, including by publication on a public contracts register.

8.2 Confidential Text If Item 7 Schedule 1 states that this Agreement is a notifiable contract under the Procurement Act and specifies Confidential Text, the grounds on which the text is confidential are set out in Item 8 Schedule 1, and clause 8.3 applies.

8.3 LDA must not disclose Confidential Text

Except as provided in this Agreement, the LDA must not disclose Confidential Text to

any person without the prior written consent of the Consultant (which consent will not be unreasonably withheld) except to the extent that Confidential Text: (1) is required or authorised to be disclosed under law; (2) is reasonably necessary for the enforcement of the criminal law; (3) is disclosed to the LDA’s solicitors, auditors, insurers or advisers; (4) is generally available to the public; (5) is in the possession of the LDA without restriction in relation to disclosure

before the date of receipt from the Consultant; (6) is disclosed by the responsible Minister in reporting to the Legislative

Assembly or its committees; or (7) is disclosed to the ombudsman or for a purpose in relation to the protection of

public revenue.



9. Insurance and indemnity 9.1 Consultant’s insurance

The Consultant must effect and maintain for the Term all insurance coverage required to be effected by it by law, public liability insurance and professional indemnity insurance in amounts not less than the amounts (if any) specified by Item 5 Schedule 1, and any other insurance specified in Item 5 Schedule 1 with a Prescribed Insurer.

9.2 Indemnity

The Consultant indemnifies the LDA, its employees and agents against liability in respect of all claims, costs and expenses in relation to all loss, damage, injury or death to persons or property caused by the Consultant, in connection with the provision of the Services, except to the extent that the LDA caused the relevant loss, damage or injury.

9.3 Claims to be made good

The Consultant must, at its expense, make good the amount of all claims, loss, damage, costs and expenses the subject of the indemnity in clause 9.2 and the LDA may deduct the amount, or any part of it, from any moneys due or becoming due to the Consultant under this Agreement.

10. Termination 10.1 Default

The LDA may terminate this Agreement, at any time by notice to the Consultant, if the Consultant:

(1) is or becomes bankrupt or insolvent, enters into voluntary administration or

makes any arrangement with its creditors or takes advantage of any statute for the relief of insolvent debtors;

(2) fails to commence timely provision of the Services or to meet any timeframes

specified in this Agreement; or (3) is in breach of a provision of this Agreement, where that breach:

(a) if capable of being remedied, is not remedied within the period specified

in a notice by the LDA, or (b) is not capable of being remedied.

10.2 Termination for any reason or reduction of Services

The LDA may, at any time by notice to the Consultant, terminate this Agreement or reduce the Services for any reason, and in that event:



(1) the LDA will be liable only for:

(a) payments under this Agreement for Services rendered before the date of

termination, and

(b) subject to clauses 10.2(2) and 10.2(3), any reasonable costs incurred by the Consultant and directly attributable to the termination or reduction of Services, but not in respect of loss of prospective profits;

(2) on receipt of a notice of termination or reduction, the Consultant must:

(a) stop work as specified in the notice, (b) take all available steps to minimise loss resulting from that termination or

reduction of Services, and (c) continue to perform any part of the Services not affected by the notice;

and

(3) in the event of a reduction of the Services, the LDA’s liability to pay the Contract Price will, in the absence of agreement to the contrary, abate proportionately to the reduction in the Services.

10.3 No prejudice

Nothing in this clause 10 prejudices any other rights or remedies of the LDA in respect of any breach of this Agreement.

11. Dispute resolution

(1) If a difference or dispute (Dispute) arises in relation to this Agreement either party may give notice to the other that a Dispute exists, which specifies details of the Dispute, and the parties agree that they will endeavour to resolve the Dispute by negotiations, or, if the Dispute has not been resolved within 28 days of the issue of the notice, undertake mediation with an independent mediator, the cost to be shared by the parties unless otherwise agreed.

(2) Nothing in this clause 11 will prejudice the rights of either party to institute

proceedings to enforce the Agreement or to seek injunctive or urgent declaratory relief in respect of any Dispute.

12. General 12.1 General responsibilities of parties

Each party will: (1) fully cooperate with each other to ensure timely progress and fulfilment of the

Agreement; and



(2) act reasonably and in good faith with respect to matters that relate to the

Agreement. 12.2 Conflict of interest

The Consultant warrants that no conflict of interest exists or is likely to arise in the performance of the Services and its other obligations under this Agreement and must, if a conflict or risk of conflict arises, notify the LDA and comply with any requirement of the LDA to eliminate or deal with that conflict or risk.

12.3 No employment, partnership or agency relationship

Nothing in this Agreement constitutes the Consultant, or its employees, agents or subcontractors as employees, partners or agents of the LDA or creates any employment, partnership or agency for any purpose and the Consultant must not represent itself, and must ensure its employees, agents and subcontractors do not represent themselves, as being employees, partners or agents of the LDA.

12.4 No assignment or subcontracting

(1) The Consultant must not subcontract the performance of the Services or assign the whole or part of this Agreement without the prior written consent of the LDA. If the LDA gives its consent, the LDA may impose any conditions.

(2) A change in the control of the Consultant or a company that controls the

Consultant (except a company listed on an Australian stock exchange) is taken to be an assignment, the term “control” including the direct or indirect holding of more than 50% of the share capital of a corporation.

(3) If the Consultant breaches clause 12.4(1), the LDA reserves its rights, including requiring the Consultant to provide information regarding the proposed subcontractor’s or assignee’s capability to continue performing this Agreement or to provide security to ensure the proper performance of this Agreement.

12.5 Entire agreement

This Agreement comprises the entire agreement between the parties in relation to the Services and supersedes any prior representations, negotiations, writings, memoranda and agreements.

12.6 Severability

Any provision of this Agreement that is illegal, void or unenforceable will not form part of this Agreement to the extent of that illegality, voidness or unenforceability. The remaining provisions of this Agreement will not be invalidated by an illegal, void or unenforceable provision.



12.7 Variation

This Agreement may be varied or the Term extended only by the written agreement of the parties prior to the expiration of this Agreement.

12.8 No waiver

Failure or omission by the LDA at any time to enforce or require strict or timely compliance with any provision of this Agreement will not affect or impair that provision in any way or the rights and remedies that the LDA may have in respect of that provision.

12.9 Governing law and compliance with the law

This Agreement is governed by and construed in accordance with the law for the time being in force of the Territory and the parties submit to the non-exclusive jurisdiction of the courts of the Territory. The Consultant must comply with the laws from time to time in force of the Territory in performing the Services.

12.10 Notices

Any notice, including any other communication, required to be given or sent to either party under this Agreement must be in writing and given to the relevant Contract Officer. A notice will be deemed to have been given: (1) if delivered by hand, on delivery; (2) if sent by prepaid mail, on the expiration of two business days after the date

on which it was sent; (3) if sent by facsimile, on the sender’s facsimile machine recording that the

facsimile has been successfully and properly transmitted to the recipient’s address; or

(4) if sent by electronic mail, on the other party’s acknowledgment of receipt by

any means. 12.11 Special Conditions

In the event of any inconsistency between any Special Condition and any other provision of this Agreement then, to the extent of any inconsistency, the Special Condition will prevail.

12.12 Survival of clauses

Clauses 7, 9.2 and 9.3 will survive the expiration or earlier termination of this Agreement.



SCHEDULE 1

CONTRACT DETAILS

Item 1. Contract Officers See clauses 1.1 and 12.10

For the LDA: [INSERT name of Contract Officer] [INSERT contact details – address and facsimile]

For the Consultant:

[INSERT name of Contract Officer] [INSERT contact details – address and facsimile]

Item 2. Term See clause 3

From [INSERT start date, eg. the date of this Agreement] until [INSERT end date].

Item 3. Contract Price See clause 4

(1) Contract Price: $[INSERT] (GST is included).

(2) The Contract Price is payable by

instalments. Invoices may only be rendered in accordance with the following.

Instalment When Invoice may be rendered [Instructional Note: If

appropriate, the instalments may be linked to the completion of milestones listed in Schedule 2.]

[If the Contract Price is not payable by instalments, REPLACE the above paragraph (2) with “The Contract Price is payable as a lump sum. An Invoice may only be rendered following completion of the Services.”]

(3) Except if otherwise stated in this

Agreement, the Contract Price is: (a) payable within 30 days of receipt by

the LDA of an Invoice; (b) inclusive of GST and all other taxes,

duties and charges; and



(c) inclusive of all disbursements, including out-of-pocket expenses incurred by the Consultant.

(4) [INSERT details if disbursements are to be

paid in addition to the Contract Price, eg. specify categories of disbursements and upper limit payable by the LDA or whether disbursements are to be approved in advance before the LDA becomes liable].

Item 4. Specified

Personnel See clause 6

Not applicable. [OR, INSERT names if relevant.]

Item 5. Other amounts and insurance See clause 9.1

(1) Public liability insurance: $20 million (in respect of each claim).

(2) Professional indemnity insurance: $10

million (in respect of each claim) and $10 million (in the annual aggregate).

(3) [INSERT other type of insurance. OR,

DELETE this Item 5(3) if not applicable].

[Instructional Note: The Insurance Determination prescribes the appropriate levels of public liability insurance for this Agreement. The department or agency representing the Territory must follow the procedures set out in the Insurance Determination and the appropriate level must be reflected here in the Agreement. For the purposes of the Insurance Determination, Schedule 2 of this Agreement constitutes an Activity Schedule. Advice from the ACTIA may be obtained regarding whether professional indemnity insurance is required for the purposes of the Agreement and the appropriate level. If professional indemnity insurance is required, the Consultant may be subject to a professional standards scheme created under the Civil Law (Wrongs) Act 2002 (ACT), which must be applied in determining the level of professional indemnity insurance for the Agreement. Seek ACTGS advice regarding how the Scheme affects the professional indemnity insurance requirements in the Agreement.



If professional indemnity insurance is required, consideration should be given to whether “run-off” cover is necessary. If so, the following words may be included in this Item 5 “The Consultant must maintain the professional indemnity insurance coverage required under this Item 5 for an additional period of 6 years from the expiration of the Term. This Item survives the expiration or earlier termination of this Agreement.”]

Item 6. LDA Information See clauses 1.1 and 7

Item 6 not used. [OR, INSERT details of any information (other than Confidential Text) that the LDA requires the Consultant to keep confidential in addition to what is already set out in the definition of LDA Information. If details in the definition of LDA Information are sufficient, RETAIN “Item 6 not used”.]

Item 7. Confidential Text See clauses 1.1 and 8

Item 7 not used. [OR, INSERT “This Agreement is a “notifiable contract” under the Procurement Act and the following is Confidential Text” and then INSERT details of any text in the Agreement that either party requires the LDA to keep confidential, eg. name and other personal details of Contract Officers or Specified Personnel, hourly rates or other individual components of the Contract Price. [Instructional Note: If the Agreement is a notifiable contract under the Procurement Act, text may only be deleted from the public text of the Agreement if the LDA is permitted to not disclose the text on the basis of one or more of the grounds set out in section 35(1) of the Procurement Act. The relevant grounds should be specified in Item 8 below.]

Item 8. Grounds for confidentiality of Confidential Text See clause 8

Item 8 not used. [OR, MODIFY this Item as appropriate (see text below) and insert here. “The Procurement Act, part 3 (Notifiable Contracts) applies to this Agreement. The LDA is satisfied that the Confidential Text is “confidential information” for the purposes of that Act because



disclosure of the text would: EXAMPLE ONLY (1) be an unreasonable disclosure of Personal

Information about a person; or (2) be an unreasonable disclosure of

information about the business affairs of a person.”]

[Instructional Note: if the Agreement is a “notifiable contract” under the Procurement Act, in order for the Confidential Text to be kept confidential, the LDA must be satisfied that at least one of the grounds for confidentiality set out in section 35(1) of the Act applies to the Confidential Text. Also, note that if Item 7 is used, Item 8 must also be completed.]



SCHEDULE 2

THE SERVICES For the purposes of the Insurance Determination, this Schedule 2 constitutes the Activity Schedule (as defined in the Insurance Determination). 1. The Consultant must provide the Services as follows within any specified timeframes.

Item Number Details of Services Timeframe for

Completion 1 [INSERT full details of Services to be

performed including, eg. methodology, consultations, reports to be prepared and any timeframes for the performance of the Services eg. provision of draft and final reports etc.]

2 [INSERT full details of Services to be performed including, eg. hold meetings (including meetings relating to planning, review and issue resolution) as necessary and report to the other on a regular basis in order to keep the other fully informed of the progress of work required under the Agreement.]

3 [INSERT details as required.]

4 [INSERT details as required.]

[Please remove the section titled below ‘Reviewing Payment Claims’ if you are not contracting for superintendency services, site management or any other such supervisory services. The text below is designed to comply with the Building and Construction Industry (Security of Payment) Act 2009 (ACT). Please consult with the Stakeholder Management and Governance Branch if you are unsure what this instruction means.] 2. Reviewing Payment Claims (1) In this Item:

“Business Day” means a day that is not:

(i) a Saturday or Sunday; or (ii) a public holiday or bank holiday in the Territory under the Holidays Act 1958; or

(iii) 27, 28, 29, 30 or 31 December.



(a) “Claimant” means a person (other than the Consultant) who claims to be entitled to payment for carrying out work or supplying goods and services under an agreement for which the Consultant is engaged as superintendent.

(b) “Payment Claim” means a Claimant’s claim for payment for carrying out work or supplying goods and services.

(c) “Payment Schedule Recommendation” means a completed version of the form attached

as Attachment A (or other form that is acceptable to the LDA) and which: (i) identifies the Payment Claim to which it relates;

(ii) states the amount of the payment, if any, which is recommended to be made in

response to the Payment Claim; and

(iii) if that amount is less than the amount indicated in the Payment Claim, the reasons why that amount is less, and if the LDA is withholding payment for any reason, the reasons for withholding payment.

(2) If the LDA receives a Payment Claim directly from a Claimant, the LDA will: (a) provide the Payment Claim to the Consultant; and

(b) inform the Consultant of the date on which the LDA received the Payment Claim.

(3) If the Consultant receives a Payment Claim directly from a Claimant, the Consultant must,

within 2 Business Days of receiving the Payment Claim: (a) provide the Payment Claim to the LDA (by email to [email protected]

marked to the attention of the LDA’s Contract Officer); and

(b) inform the LDA of the date on which the Consultant received the Payment Claim.

(4) If the Consultant receives a Payment Claim (whether from the LDA or directly from the Claimant), the Consultant must, within 5 Business Days of receipt: (a) review the Payment Claim;

(b) prepare a Payment Schedule Recommendation; and (c) provide the Payment Schedule Recommendation to the LDA (by email to

[email protected] marked to the attention of the LDA’s Contract Officer).

(5) After receiving the Payment Schedule Recommendation, the LDA may require the Consultant to immediately review the Payment Schedule Recommendation, and, if necessary, meet with the LDA to discuss further.

(6) If there is a conflict between this Item and another part of this Agreement, this Item will prevail to the extent of the inconsistency.

mailto:[email protected]




SCHEDULE 3

SPECIAL CONDITIONS See clause 12.11

[If there are no Special Conditions, DELETE the following Items and INSERT “Not Used”.] Item 1. Privacy of Personal Information [Instructional Note: This Special Condition should only be used in circumstances where the Consultant has access to Personal Information as part of the Services and more extensive privacy provisions are warranted. If the Consultant is unlikely to have access to Personal Information in performing the Services, or access to insignificant amounts of Personal Information, then the standard provisions in clause 7 should be sufficient and this Special Condition should not be included in the Agreement.] 1.1 Additional privacy obligations

The following obligations are in addition to those set out in clause 7, and do not limit those set out in clause 6(4).

1.2 Employee awareness

The Consultant must ensure that each person engaged in performance of the Services by the Consultant requiring access to any Personal Information held in connection with this Agreement:

(1) executes a deed of confidentiality in a form prescribed by the LDA to not

access, use, disclose or retain Personal Information except in performing their duties of employment or contractual obligations; and

(2) is informed that failure to comply with this undertaking may be a criminal

offence and may also lead the Consultant to take disciplinary action against the person.

1.3 Reasonable requests, directions and guidelines

The Consultant must, in respect of any Personal Information held in connection with this Agreement, co-operate with any reasonable requests or directions of the LDA arising directly from, or in connection with the exercise of the functions of the Privacy Commissioner under the Privacy Act 1988 (Cth) or otherwise, including the issuing of any guidelines concerning the handling of Personal Information.

1.4 Handling of complaints

A complaint alleging an interference with the privacy of an individual in respect of any Services performed by the Consultant (Complaint) will be handled by the LDA and in accordance with the following procedures:

(1) if the LDA receives a Complaint it will immediately notify the Consultant of only



those details of the Complaint necessary to minimise any breach or prevent further breaches of this Agreement;

(2) if the Consultant receives a Complaint it must immediately notify the LDA of

the nature of the Complaint but will only release Personal Information to the LDA concerning the complainant with that person’s consent; and

(3) after the LDA has given or been given notice in accordance with paragraphs

(1) or (2) above, it will keep the Consultant informed of all progress with the Complaint concerning the actions of the Consultant.

1.5 Survival of Item

This Item survives the expiry or earlier termination of this Agreement.

Item 2. Changes in control of Consultant [Instructional Note: This Special Condition should only be used if clause 12.4(2) is not sufficient and a wider set of circumstances in which a change in control of the Consultant is deemed to occur is required.]

In addition to the circumstances set out in clause 12.4(2), for the purposes of clause 12.4, “control” includes the direct or indirect possession of the power (whether or not having statutory, legal or equitable force, and whether or not based on statutory, legal or equitable rights) to:

(1) directly or indirectly control the membership of the board of directors of the

corporation; or

(2) otherwise directly or indirectly direct or cause the direction of the management and policies of that corporation,

whether by means of trusts, agreements, arrangements, understandings, practices, greater industry experience, the ownership of any interest in shares or stock of that corporation or otherwise.



DATE OF THIS AGREEMENT ................................................................... SIGNED for and on behalf of the LAND DEVELOPMENT AGENCY in the presence of: ……………………………………………. Signature of witness ……………………………………………. Print name

) ) )

………………………………………. Signature of LDA delegate ………………………………………. Print name

SIGNED by or for and on behalf of [NAME & ACN OF CONSULTANT] in the presence of: ………………………………………….… Signature of director/ secretary/ witness* *DELETE whichever is not applicable (see note below) ……………………………………………. Print name

) ) )

………………………………………. Signature of director/ authorised officer/ individual* *DELETE whichever is not applicable (see note below) ………………………………………. Print name ………………………………………. Signature of second authorised officer* *only use if Incorporated Association (see note below) ………………………………………. Print name

Note: Date: Must be dated on the date the last party signs the Agreement or, if signed counterparts of the Agreement are

exchanged, the date of exchange. Also date the cover page. Company: Must be signed in accordance with section 127 of the Corporations Act 2001 (Cth), for example, by 2

directors or a director and a secretary. Common seal may be affixed if required under the Consultant’s constitution.

Individual: Must be signed by the individual Consultant and witnessed. Incorporated Association: Must be signed in accordance with the Consultant’s constitution, which may or may not require the common

seal to be affixed. As a minimum, 2 authorised officers must sign.

Affix common seal if required under

constitution



(This is an example of a Payment Schedule Recommendation to be used by superintendents to comply with the Building and Construction Industry (Security of Payment) Act 2009 (ACT). Please delete if not applicable.)

Attachment A

PAYMENT SCHEDULE – RECOMMENDATION

Please forward this recommendation to:

[email protected] LDA Project Officer: Contract Details Project Name: Territory Contract No: Payment Claim Details Date Payment Claim received: Total amount of the Payment Claim: $ Superintendent/ Project Manager’s recommendation: Amount that Superintendent / PM recommends for payment (the “scheduled amount”) $ If the scheduled amount is less than the claimed amount I have set out my reasons for this in the attached draft Payment Schedule. Note: if the scheduled amount is less because I am proposing the respondent withhold

payment for any reason, those reasons have also been set out in the draft payment schedule.

Name of Superintendent / PM: Signed: Date:




Payment Schedule Notes for the guidance of the Claimant (Contractor) and Respondent (LDA)

1. If a Payment Claim is made under the Building and Construction Industry (Security of Payment) Act 2009 ACT (Act) to the LDA, whether directly or through a Superintendent, the LDA must provide a Payment Schedule if the intent is not to pay the claim in full. This is regardless of whether the respondent believes that the claimant is not entitled to make the claim.

2. The LDA must serve the Payment Schedule on the Contractor within 10 business days after being

served with the Payment Claim. 3. If the LDA fails to serve a Payment Schedule on the Contractor within 10 business days after being

served with a Payment Claim under the Act, the LDA must pay the full amount of the Payment Claim.

4. The Payment Schedule must identify the Payment Claim to which it relates and must indicate the

payment (if any) that the LDA proposes to make. 5. If the amount that the LDA proposes to pay is less than the amount claimed in the Payment Claim,

the LDA must:

• state in the Payment Schedule the amount (if any) that the LDA proposes to make (the “scheduled amount”);

• If the scheduled amount is less than the amount set out in the payment claim, the schedule

must indicate:

(1) why the scheduled amount is less; and (2) if the scheduled amount is less because the LDA is withholding payment for any reason – set out the LDA’s reasons for withholding payment.

6. The method of serving the Payment Schedule may be in accordance with the Contract or as provided under the Australian Capital Territory’s Legislation Act 2001 and includes serving it by:

• giving it to an individual, if the Contractor is an individual; • giving it to an executive officer of a company, if the Contractor is a corporation; • sending it by prepaid post to a home or business address of an individual, if the Contractor is

an individual; • sending it by prepaid post, addressed to a corporation, to the address of any registered

office or other business address of the corporation, if the Contractor is a corporation; • faxing it to a fax number of an individual or corporation, as applicable; • emailing it to the email address of an individual or corporation, as applicable; • leaving it, addressed to a corporation (or an executive officer of a corporation) at the address

of any corporations registered offices or any other business address of the corporation, with someone who appears to be at least 16 years old and employed at the address; or

• leaving it, addressed to an individual, if the claimant is an individual, at the home or business address of the individual with someone who appears to be at least 16 years old and to live or be employed at the address.

7. The Payment Schedule is not served until it is received by the Contractor in the correct manner as detailed above. It is important that evidence of serving is kept, for example, posting records, facsimile receipts; email confirmations.



8. If the amount that the LDA proposes to pay is less than the claimed amount, the Contractor may apply for adjudication of the progress payment to be made. The Contractor must lodge an adjudication application within 10 business days after receiving the Payment Schedule.

9. The LDA must pay the scheduled amount by the due date for payment under the contract or if the

contract does not provide a due date, then within 10 business days after receiving the payment claim.

50 | P a g e Version 4 – 09/09/2011

ATTACHMENT 5 - STANDARD CONDITIONS OF TENDER SERVICES

Standard Conditions of Tender

Services

60 | P a g e Version 4 – 09/09/2011

Table of Contents

1. CONDITIONS OF TENDER 7

2. DISCLAIMER 7

3. TERMINOLOGY 7

4. LODGEMENT OF TENDERS 8

5. FURTHER INFORMATION, CLARIFICATION AND ENQUIRIES 9

6. NON-CONFORMING TENDERS 10

7. ADDENDA 10

8. OWNERSHIP OF TENDERS 10

9. SELECTION OF PREFERRED TENDER 11

10. PRICE BASIS, ENGLISH LANGUAGE AND METRIC UNITS 11

11. CONFIDENTIAL TEXT AND DISCLOSURE 11

12. COSTS OF TENDERING 11

13. CONFLICTS OF INTEREST AND COLLUSION 12

14. INSURANCE 12

15. PROPRIETARY NAMES 12

16. SUSTAINABILITY, WASTE REDUCTION AND GREENHOUSE POLICIES 13

17. ALTERNATIVE TENDERS 13

18. EQUAL OPPORTUNITY 13

19. NO GUARANTEE OF BUSINESS 13

20. EXCHANGE OF INFORMATION BETWEEN GOVERNMENT AGENCIES 13

70 | P a g e Version 4 – 09/09/2011

1. CONDITIONS OF TENDER

These Standard Conditions of Tender must be read in conjunction with the Request for Tender (RFT) that refers to these Standard Conditions. They apply subject to any special conditions of tender set out in the RFT.

In submitting a Tender, the Tenderer acknowledges that it:

(a) has examined the RFT, and any other information , including all addenda issued;

(b) has examined all information relevant to the risks, contingencies, and other circumstances having an effect on the Tender;

(c) has made and relied upon its own enquiries as it considers appropriate to address the Assessment Criteria; and

(d) is satisfied as to the correctness and sufficiency of the Tender, including the price or rates specified.

Tenders must remain open for at least 90 days from the date and time of closing of Tenders to enable the evaluation of Tenders by the LDA.

2. DISCLAIMER

The RFT may contain information that may be described as data, documents, and images, prepared by LDA or other agencies. While that information has been formulated with care, the LDA does not warrant or represent that it is free from misdescription, error or omission.

The LDA is in no way liable for the inaccuracy of any information printed or stored by a Tenderer (or other user) after downloading an electronic copy from Procurement Solutions’ website. A Tenderer (or other user) who utilises an automatic language translation service in connection with the RFT does so at its own risk.

If sufficient information is not available, or a prospective tenderer requires clarification of any information in relation to the RFT, the prospective tenderer is invited to write to the Contact Officer.

3. TERMINOLOGY

The RFT and these Standard Conditions will use some terms that will have a particular meaning. Unless otherwise stated in an RFT (including in any special conditions of tender), the following meanings apply to terms.

Assessment Criteria: the criteria, by which a Tender will be evaluated, set out in an RFT.

Contact Officer: the LDA officer whose name and contact details appear on the cover sheet of an RFT.

Declaration: the prescribed form of declaration set out in an RFT.

80 | P a g e Version 4 – 09/09/2011

RFT (Request for Tender): a request for tender issued by Procurement Solutions, describing the Services, Statement of Requirements, Assessment Criteria and other conditions of tender.

Services: the services sought to be provided in an RFT.

Special Conditions: conditions specific to an RFT which are set out in the RFT. Special Conditions take precedence over Standard Conditions of Tender to the extent of any inconsistency.

Standard Conditions: conditions that apply to all RFTs.

Statement of Requirements: details the Services being sought by the LDA as set out in an RFT.

Tender: a tender lodged by a Tenderer in response to an RFT.

Tenderer: the legal entity (eg a company or an individual) that submits a Tender.

Territory:

(a) when used in geographical sense, the Australian Capital Territory, and

(b) when used in any other sense, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cwlth).

4. LODGEMENT OF TENDERS

A written Tender must be lodged at the location and by a method nominated in the RFT not later than the date and time for closing of Tenders specified by the RFT. No other form of transmission is acceptable unless a Special Condition states otherwise.

Tenders are to be in plain envelopes, wrapping or package and be clearly marked on the outside with the RFT number, the RFT description and the date and time for closing of Tenders.

The original and three (3) copies of the Tender are to be lodged. The original is to be marked as the original and each copy sequentially marked with a copy number. In the event of any discrepancy between any copy and the original, the original of the Tender takes precedence.

Following the closing date for tenders, names of Tenderers will be listed on the notice board on Level 1, North Building, Dame Pattie Menzies House, 16 Challis Street, Dickson and on Procurement Solutions website – www.procurement.act.gov.au. Tenders received after the prescribed closing time may not be included on the list.

Confirmation of receipt of Tenders will not be issued to Tenderers.

Tenders lodged after the Tender closing time and date will be opened and registered separately and may be admitted to evaluation at the absolute discretion of the LDA.

http://www.procurement.act.gov.au/

90 | P a g e Version 4 – 09/09/2011

In deciding whether to admit a late Tender to evaluation, factors that may be considered include:

(a) whether the Tenderer is likely to have had an opportunity to obtain some unfair advantage from late submission of the Tender;

(b) how late the Tender is, the reasons and evidence given for lateness;

(c) whether the Tender was mishandled by the LDA, by an official postal service or by a reputable delivery service; and

(d) evidence of unfair practices.

5. FURTHER INFORMATION, CLARIFICATION AND ENQUIRIES

Despite any other requirement of the RFT, the Tenderer must, if so required, submit additional information to allow full consideration of the Tender. There is no obligation on the part of the LDA to seek clarifying or any other information.

By tendering in response to the RFT, the Tenderer:

(a) authorises the LDA to:

(i) seek further information and enquire into the Tenderer’s financial status and viability, and

(ii) obtain from any Territory, State or Commonwealth government agency, information including information about the Tenderer’s performance during any previous or current contracts for services similar to those sought in the RFT;

(b) acknowledges that the provision of, and receipt by, of information by the LDA to any Territory, State or Commonwealth government agency for the purpose stated in clause a (i) above is a communication in circumstances of qualified privilege and the Tenderer shall have no claim against the LDA, in defamation or otherwise, in respect of any matter arising out of the provision or receipt of such information, including any claim for loss to the Tenderer arising out of the communication;

(c) warrants that no other person’s or organisation’s moral or intellectual property rights will be breached in the LDA’s use of the Tender for the purpose of the RFT or in any agreement that may be entered into by the LDA with a preferred Tenderer; and

(d) will, if an Act or Regulation requires that a person be registered or licensed to carry out the Services include in its Tender evidence of registration or licensing. The LDA may seek information from sources, including regulatory and law enforcement bodies, relevant to whether the Tenderer is relevantly registered or licensed to perform the Services

Tenderers in doubt as to the true meaning of any part of the RFT are requested to notify the Contact Officer to obtain clarification of the RFT. Any response by the LDA will be in writing and may, if of general application, be issued as an addendum to the RFT. The LDA will not be responsible for any other interpretation.

100 | P a g e Version 4 – 09/09/2011

6. NON-CONFORMING TENDERS

A Tender that is:

(a) at variance with or does not respond to or does not fully comply with any requirement of the RFT; or

(b) incomplete, contains erasures or is illegible,

may be deemed to be non-conforming.

The LDA may at its absolute discretion, in respect of a Tender that is non-conforming or which has been deemed by the LDA to be non-conforming having regard to any conditions of tender:

(a) reject and not further consider the Tender;

(b) ignore any non-conformance in the Tender and assess the Tenders against the Assessment Criteria; or

(c) if it is possible to correct the non-conformance without affecting the probity of the tender process, permit the Tenderer to do so.

7. ADDENDA

Addenda to the RFT may be issued by the LDA prior to the date and time for closing of Tenders for the purposes of clarifying documents or to notify any amendments to the RFT. Tenderers that download an RFT from Procurement Solutions’ website (www.procurement.act.gov.au), assume responsibility for ensuring that any addenda are incorporated or taken into account in their Tenders. It is the sole responsibility of Tenderers to check the Procurement Solutions’ website for any addenda prior to submitting a Tender.

If hard copies of the RFT are issued by Procurement Solutions, addenda will be issued to each person or organisation to which the RFT was issued, or they will each be notified that an addendum is available for collection.

Tenderers must submit a signed copy of each addendum with their Tenders. Tenders may be considered non-conforming if Tenderers do not do so.

8. OWNERSHIP OF TENDERS

All Tenders (including copies submitted in accordance with the RFT) become the property of the LDA, which may use each Tender for Tender assessment purposes. The LDA will not return Tenders (nor copies) to Tenderers.

A Tenderer:

(a) retains intellectual property rights in their Tenders, subject to any other person's rights;

(b) authorises the LDA to copy, reproduce, use or supply the content of their Tenders for any purpose in respect of the assessment of their Tenders; and

http://www.procurement.act.gov.au/

110 | P a g e Version 4 – 09/09/2011

(c) must specify in their Tenders if any intellectual property or moral rights vest in an entity or a person other than the Tenderer, naming the entity or person, and indicating to what extent the authorisation in paragraph (b) may be limited.

9. SELECTION OF PREFERRED TENDER

The LDA is under no obligation to select any Tender. The tender process may be varied or discontinued upon the LDA giving written notice to Tenderers.

Upon conclusion of the evaluation process, the LDA may select a preferred Tenderer and then:

(a) commence contract negotiations with the preferred Tenderer with a view to concluding those negotiations within a prescribed period of time; or

(b) negotiate with another Tenderer if contract negotiations with the preferred Tenderer are not concluded within the time specified to the preferred Tenderer; or

(c) cease negotiations with any Tenderer.

No legal obligations arise until the LDA has executed a contract as specified in an RFT.

The LDA will invite unsuccessful Tenderers to attend a debriefing.

10. PRICE BASIS, ENGLISH LANGUAGE AND METRIC UNITS

Prices must be in Australian dollars and include GST.

Tenders and all communications with the LDA must be in the English language.

All dimensions and units on plans and drawings and all references to measurements must be in metric units.

11. CONFIDENTIAL TEXT AND DISCLOSURE

Tenderers must specify in writing any information they believe is confidential in relation to their Tender or which they may wish to be treated as confidential in any contract. Tenderers should seek their own legal advice as to the implication for them of the notifiable contracts provisions of the Government Procurement Act 2001.

Tenderers should be aware that the LDA may be required to disclose information, either under the Freedom of Information Act 1989 or by the responsible Minister in the Legislative Assembly.

12. COSTS OF TENDERING

The LDA will make no payment to a Tenderer:

(a) for any costs, losses or expenses incurred by a Tenderer in preparing its Tender or any alternative Tender; or

(b) in respect of any discussions, negotiations, enquires or requests for details or information made by or on behalf of the LDA after the submission of Tenders; or

120 | P a g e Version 4 – 09/09/2011

(c) for any work undertaken by any Tenderer after its Tender is submitted including work requested by the LDA in accordance with any provision of the RFT.

13. CONFLICTS OF INTEREST AND COLLUSION

A Tenderer with a conflict of interest shall disclose the conflict of interest to the LDA at the time of lodgement of the Tender or if the conflict of interest or a risk of a conflict of interest arises after lodgement of the Tender and prior to the completion of the Tender process, immediately disclose that conflict of interest to the LDA.

In submitting a Tender, the Tenderer warrants that:

(a) the Tenderer has no knowledge of the tender price, including rates, of any other tenderer for the Services; and

(b) except as disclosed in its Tender, the Tenderer has not entered into any contract, arrangement or understanding to pay or allow any money directly or indirectly to a trade or industry association or to or on behalf of any other tenderer in relation to the RFT or any contract which may be entered into consequently, nor paid or allowed any money on that account.

(c) the Tenderer has not otherwise engaged in any collusion, anti-competitive conduct or any other similar conduct in relation to the preparation of their Tender.

At the sole discretion of the LDA, contravention of this provision may result in the Tenderer’s Tender being deemed to be non-conforming. 14. INSURANCE

In addition to all insurance which a Tenderer may be required by law to effect (eg workers’ compensation), a successful Tenderer will be required to take out:

(a) professional indemnity insurance in the amount specified in an RFT;

(b) public liability insurance in the amount specified in an RFT, or

(c) such other insurances and such other amounts as may be set out in any Special Condition of the RFT.

A preferred Tenderer may be required to produce evidence of insurances before a contract is signed.

15. PROPRIETARY NAMES

When proprietary names, brands, catalogues or reference numbers are specified in the RFT, they are intended to set a minimum standard, and preference for any particular material or equipment is not intended. The Tenderer may offer material or equipment of similar characteristics, type, quality, appearance, finish, method of construction and performance.

130 | P a g e Version 4 – 09/09/2011

16. SUSTAINABILITY, WASTE REDUCTION AND GREENHOUSE POLICIES

The LDA is committed to considering environmental issues in the performance of its activities. To this end the following policies and strategies are to be noted by Tenderers:

(a) No Waste Strategy – establishes a framework for sustainable resource management and lists broad actions which are needed to achieve the aim of a waste-free society; and

(b) Weathering the Change – The ACT Climate Change Strategy 2007-2025 – provides an overview of climate change science, the predicted impacts on the ACT and the Government’s approach for responding to climate change.

To download these policies see the Department of the Environment, Climate Change, Energy and Water at www.environment.act.gov.au/home.

17. ALTERNATIVE TENDERS

A Tender must be submitted strictly in accordance with the RFT.

The Tenderer may submit alternative Tenders for consideration, but must also submit a Tender which conforms in all aspects with the RFT to be eligible for consideration.

Where an alternative tender is submitted, the Tenderer must include a fully detailed description of the alternative tender and must state clearly the manner in which it differs from the requirements of the RFT.

18. EQUAL OPPORTUNITY

A Tender submitted by a Tenderer currently in breach of the Equal Opportunity for Women in the Workplace Act 1999 (Cwlth) (the Act) may be deemed to be non-conforming. If a Tenderer is named as non-compliant under the Act in the period of twelve months prior to the date and time for closing of Tenders and subsequently becomes compliant under the Act, the Tenderer shall submit a letter of compliance from the Equal Opportunity for Women in the Workplace Agency with the Tender.

19. NO GUARANTEE OF BUSINESS

The LDA does not guarantee, warrant or otherwise represent that any business or any minimum volume of services or value of business will be contracted, earned or received by the preferred Tenderer. 20. EXCHANGE OF INFORMATION BETWEEN GOVERNMENT AGENCIES

By tendering in response to this RFT, the Tenderer authorises the Territory to obtain from any ACT Government department or agency, or any other government department or agency, information including, but not limited to, information about the Tenderer’s performance during any previous or current contracts for Services similar to those sought in this RFT.

http://www.environment.act.gov.au/home

140 | P a g e Version 4 – 09/09/2011

The provision of information by the Territory to any ACT or other Government department or agency is acknowledged by the Tenderer to be a communication in circumstances of qualified privilege and the Tenderer shall have no claim against the Territory, in defamation or otherwise, in respect of any matter arising out of the provision or receipt of such information, including any claim for loss to the Tenderer arising out of the communication.