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Building the Education Revolution

Working with Your Builder on P21 Projects (Information for Schools on the Contract Administration Process)

The South Australian Government has agreed to deliver the Primary Schools for the 21st Century (P21) program within South Australia in accordance with the conditions and rapid timeframes proposed by the Australian Government in its Nation Building - Economic Stimulus Plan.

The overall program is very challenging given the number of major building construction projects that must be completed in a very short space of time. Building Management, a division of the Department for Transport, Energy and Infrastructure (DTEI) provides asset, risk and project advice and management to the South Australian Government and its agencies when a major building construction project is being delivered. DTEI has worked in partnership with the State’s Coordinator-General and the Department of Education and Children’s Services (DECS) to develop a specially designed system that will deliver good value projects to schools on time and on budget.

You, the School, have a critical role to play in meeting these objectives.

It will not be possible for DTEI to undertake its usual overview and inspection roles during the Contract, so it is important that you bring to the delivery process your knowledge of the School site, your resources to work with the Builder and be part of necessary decision making processes and your watching brief on general design and construction progress.

Of course the overall project objective is to achieve an excellent result for your School with new and refurbished buildings that represent good value in their support of teaching and learning.

The Builder will have a consultant team of architects and engineers that will complete the design of the new or refurbished facilities. These team members will have numerous questions for the School, particularly in the early days when establishing the project and completing the design. (Refer Appendix 1 for more details on the role of the Consultants)

The Builder has many obligations under its design and construct contract with the Minister for Infrastructure including:

• finishing the construction works within the approved amount

• finishing on time

• building to the specified standards

• managing a range of risks including design, site, weather, construction etc.

It is important that you recognise that working as a team with the Builder is vital to overall project success, however it must be on the basis that ultimately design and construction matters must be decided by the Builder and not directed by the School. Directions from the School that are not in accordance with the Builder’s obligations under the Contract will transfer risks back to Government and could lead to cost (and time) overruns which must be paid for out of the School’s project budget.

It is also important that you recognise that the architect and engineers are reporting to the

BER: Working with Your Builder

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Builder as its Consultants. You may have experienced conventional arrangements implemented by DTEI, where the design team is independent of the Builder and reports to DTEI/DECS. This is not the case under BER and you should avoid working independently with the Builder’s Consultants.

Under the Builder’s Contract there are formal roles for DTEI and for the School through its appointed School Representative. (In the contract documents the School Representative is the School Principal. The Principal may nominate a Representative to work on a day-to-day basis with the Builder if required.)

The Builder has come through a series of important steps to win the right to bid for the project. For your information the steps are set out in Appendix 2.

What the Builder Must Do ….design and construct your project, on time, on budget and to good quality!

It must appoint a responsible person (not always the same person) to be its representative and available on site at all times.

The Builder and its architect and engineers will:

• work with you to confirm siting of the new building and later to confirm material and colour selections

• investigate and design for site specific issues i.e. electrical requirements, terrain, demolition, contamination

• a little later, work with you to scope the refurbishment works (if applicable)

• design and implement the construction program

• manage the calling and letting of all subcontractor/trade contracts and manage subcontractors generally.

Construction Cost

The Builder will submit a ‘Target Construction Sum’ to DTEI for the Works. The Target Construction Sum is made up of

• for the new building work - a fixed price for the superstructure (all work above ground) and a target price for the substructure, site works, site services, demolition and remediation

• for the refurbishment work (if applicable) – an initial amount nominated by DECS.

The Builder and its design team will commence the process of completing the design of the new building work with a focus on the site specific elements such as the footings, paving etc.

At a time nominated in the Contract (when the site specific information should be known and the design is advanced) the Builder must submit a fixed price and program for the project (the contract sets out the consequences of the submitted price and program not being acceptable). Assuming all is well, the price and completion date will be approved and from that point on the Builder has strict obligations to finish on budget and on time.

It is important that you recognise that from the time of approval of the Builder’s price and completion date, you must not issue variations to the Builder i.e. ask the Builder to do additional things or to change the design. The Contract has been structured in this way to make sure the Builder remains accountable and to control the final cost of your project.

It is also important that you recognise that until the Builder’s price for new building work is approved, the cost of your project will not be fully understood and the scope is subject to variation. If there are risks that the Builder must address at your site (like problems with the


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soil, or high wind loading or poor services etc) the cost of the new building could be higher than planned for and decisions must be made about the scope of the project and/or the refurbishment work.

Refurbishment Work

For the reasons outlined above, if your project includes refurbishment work to existing buildings, the Builder will not start the process of considering the scope of work and the associated design until after the fixed price and time for new building work is approved. That will be about 10 weeks into the project. It has been arranged in that way to be sure that the Builder is only being asked to scope refurbishment work for a verified budget amount, and importantly to give some time for the School to work out its objectives for the refurbishment work.

Once the final refurbishment budget is known, the Builder will bring its Consultants as required to meet with the School and scope the work that must be undertaken in the existing buildings. It will then submit to DTEI for approval an indicative scope of works and target price for the refurbishment work (together with supporting information). The Builder must ensure that the delivery of the indicative scope of works can be achieved within the approved refurbishment budget and within the fixed completion date.

If the indicative scope of works and target price is approved, the Builder proceeds on to finish the design and submit it with the associated final price for approval.

This might seem a somewhat complex process, but it has been implemented to ensure that each School gets good value for its refurbishment works in an environment where the usual budget and risk controls cannot be implemented.

Date for Practical Completion

The Builder must finish by the approved date for completion. The Builder is not entitled to extensions of time for wet weather or the Architect running late etc. Once again it is important that the School does not give directions which might allow the Builder to say it has been delayed by the Government.

When DTEI has told the Builder that the works are practically complete i.e. suitable for use by the School but not necessarily completely finished, you can move in. The Builder will then have six more weeks during which all unfinished work or any defects must be completed. At this stage the Builder gets back a sum of money that has been held by DTEI to make sure that the work is done properly. Overall there are 12 months during which anything that is defective (but not something broken by inappropriate use or something that is additional work) must be repaired by the Builder.

Occupational Health, Safety and Welfare

The Builder will fence off a site area within which the construction activities will take place. Within that area the Builder is responsible for OHS&W for all persons within the area. The School will remain responsible in the usual way for OHS&W on the site as a whole.

Development Approval, Certification and Quality management

The Builder has to arrange that the project achieves development approval for the final design from the State Coordinator-General under the Development Act 1993 (SA) and arrange for the work to be certified by a private certifier as complying with the provisions of the Building Rules. The Builder must also arrange for other approvals i.e. SA Water, ETSA etc

The Builder must ensure that its Consultants provide compliance statements that the works are in accordance with the project requirements and the Contract.


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Information

The Builder has been given a lot of information about the project but the Government does not guarantee the accuracy, quality or completeness of the information specified in lists, schedules, reports etc and the Builder must check the information contained in any document particularly the following documents (as applicable)

• Register of Hazardous Materials (held at your site)

• Site Visit Report

• Geotechnical Report

• Site Survey

• School Buildings Refurbishment Guideline (prepared by DECS)

If the Builder relies on any of the information it is responsible for ensuring its accuracy, currency or completeness.

Employment of apprentices, trainees, Indigenous people and local people with barriers to employment

The Builder has to meet targets relating to the employment of apprentices, trainees, Indigenous people and local people with barriers to employment.

What the School Must Do You will be actively liaising with the Builder making sure that it understands your School and your site and knows where to find things. The Builder will have lots of questions about the design of the new building work and the refurbishment work and you should appoint a Representative that can speak for the School and make decisions quickly so that the Builder is not held up. If there is any delay the Builder may claim an extension of time for completing the work and additional costs.

While you should fully cooperate with your Builder, the School should not issue any directions that may amount to a variation as this may also result in additional costs.

One important area of cooperation is to ensure that if you need to move out of school facilities so the demolition and/or construction work can commence that you make sure you have fully moved by the date agreed with the Builder.

The School will fully maintain its OHS&W plan making sure that there is careful assessment of the construction activities on evacuation plans and the like.

Your School Representative will

• work with the Builder and its design team to confirm siting of the new building, material and colour selection, refurbishment scope etc

• make decisions and assist the Builder with queries promptly

• ensure the school community provides input into the design process

• ensure the Builder is fully briefed on the operational and functional needs of the school community

• work with Asset Services, DECS, to ensure any requirements are implemented on site

• facilitate the Builder’s on-site activities during construction

• attend site meetings with the Builder as required

• sign-off on photographic evidence provided by the Builder on construction progress (this


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is part of the formal role of School Representative under the Builder’s Contract)

Occupation of any part of the work

It is important that you do not use or occupy any part of the new building or refurbishment works until DTEI advises you that the work is complete and the necessary statutory approvals are in place.

What DTEI/DECS Must Do DTEI and DECS have developed a management framework aimed at ensuring that all projects in the BER program are successfully delivered. The framework includes project selection processes, tendering and contract processes, contract administration, reporting, monitoring etc for the overall list of projects in the Plan.

DECS Asset Services will provide support to school communities and in particular

• manage project processes in accordance with Commonwealth requirements

• ensure approved project parameters for scope, quality, time and cost are adhered to

• ensure your School’s briefed requirements are met

• liaise with the State Coordinator-General

DTEI will conduct the formal tendering and contract arrangements and will

• manage the procurement process and contract administration issues

• provide advice on quality standards to you and the Builder

• provide a suite of technical and design guide notes

• conduct random construction quality audits

• conduct random cost audits

• process contract payments

• arrange for cost managers to report on project financials and recommend contract payments

• manage the interface between the Builder and relevant Facilities Manager at completion

• manage reporting systems to meet Commonwealth requirements.

Useful Notes Set out below are notes which it is hoped will assist you as you proceed through working with your Builder to deliver your BER project.

Communication Informal communication (information sharing)

The School Representative and the Builder’s Representative will discuss day-to-day site management and co-ordination issues. Any community issues related to the school are to be coordinated through the School Representative.

Formal communication (contractual issues)

DECS Asset Services, DTEI and the Builder will resolve any issues relating to the approved scope, budget and program for the project, generally with input from the School.


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DTEI and the Builder will discuss any contractual issues e.g. target construction sum, target construction program, payments, reporting, disputes etc generally with input from the School Representative.

Refer to Appendix 3 for a communication flow chart.

Meetings All meetings will be arranged by the Builder. Issues to be addressed include:

Design meetings (in the initial weeks)

• siting of new facility

• site specific issues i.e. access, fire/bushfire, heritage, noise abatement, environmental

• site services i.e. power, water, data

• material selections

• DECS standards and guidelines

• refurbishment functional objectives and requirements (scope) (if applicable)

• refurbishment scope and budget alignment (if applicable)

• Development Approval/Certification issues

Construction meetings (held regularly throughout the project)

• School and Builder site coordination issues

• items to be provided by School

• items to be re-used/salvaged

• progress to date against approved program

• proposed activities for following week/fortnight

• staging/decanting requirements

• hazardous activities, disconnection of services.

Site Administration/Management The following are notes about the administration of the Contract and the management of the Builder’s Site:

• working hours are between 7 am to 5 pm (to be confirmed with applicable local government authority with regard to any site working restriction times) with large items to be delivered outside of school hours

• working days 5 days (Monday to Friday) unless approved otherwise by DTEI

• the School and Builder will coordinate access and deliveries

• the School and Builder will agree the Builder’s construction area and the appropriate hoarding/fencing

• the School will advise the Builder on requirements for reporting and identification for the Builder’s team and construction workers

• the School will be providing the Builder with access to power and water but not to toilets

• the Builder will set up its own office and amenities within its construction site and will ensure that all necessary storage and bins are provided


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• there must be agreement on parking arrangements

• the Builder will be responsible for inductions onto the construction area and must have an OHS&W plan including evacuation procedure and management of hazardous materials (copy of register to be provided by school to Builder)

• if the Builder finds asbestos or other hazardous materials it is accountable for their safe removal. Note that all asbestos products must be removed outside of normal school hours when staff, students and the general community (i.e. sporting clubs that may use school facilities) are not present on site. Key issues for consideration include:

- school community awareness and consultation

- agreed program for removal

- air monitoring/ clearance certificate provided by Builder prior to re-occupation by School

• the Builder understands that smoking, alcohol and dogs are not permitted on site

Environmental Site Management The Builder must implement environmental site management practices to minimise construction waste, avoid contamination of surroundings, and encourage recycling and resource conservation.

Approvals When the Builder wants to be paid for the work completed to date, it must make a payment claim to DTEI. The claim for payment must be accompanied by photographs which clearly confirm the completion of the work which is the subject of the claim for payment.

The School Representative will be requested by the Builder to verify that the photographs are a true record of the progress on Site. The verification is in general terms and the School Representative will not be requested to verify technical or construction detailing progress.

Practical Completion (Handover) When the Builder believes that the works are completed such that they are suitable for occupation, DTEI will be requested to issue a ‘Certificate of Practical Completion’.

You can expect that at Practical Completion the Builder has

• shown you certificates of compliance i.e. electrical, gas and fire

• ensured safe access to the building

• fully cleaned the new facilities

• tagged all keys and checked their operation

• trained and inducted the School and Facilities Manager on the use of facilities and equipment

• agreed protocols for you to report any defects to the Builder during the next six weeks.

Completion There is a six week period after Practical Completion until the works will be reassessed for completion so that the Builder can request that the security money be returned and all payments on the project can be finalised.

You can expect that at Completion the Builder has


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• completed all outstanding items of work and corrected any defects identified to that time

• provided you with operating and maintenance manuals

• removed all amenities, hoarding etc, left the site clean and removed the site sign

• reaffirmed protocols for you to report any defects to the Builder during the 12 month defects liability period.

Information DTEI has established a contract information hotline if you have any enquiries relating to design or construction matters. Please don't hesitate to ring the number at (08) 8207 7122 and our person will be able to either assist you personally or direct you to a DTEI person who can.


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Appendix 1

Role of the Builder’s Consultants

The following services shall be provided by the design team.

1. Quality management services

1.1 Compliance statements that the Works are in accordance with the Principal’s Project Requirements at the following milestones:

(a) substructure complete

(b) structural frame complete

(c) first fix

(d) second fix

(e) commissioning

(f) practical completion

(g) final completion.

1.2 Statement of approval where materials, products or finishes are substituted for those in the reference documents

1.3 Statement that samples submitted are in accordance with the intent of the Principal’s Reference Design or are an approved substitution.

1.4 Statement that tests required under the Contract have been undertaken and have passed.

1.5 Statement of outstanding items and defects at Practical Completion.

1.6 Statement that all outstanding items are complete.

1.7 Statement that operation/maintenance manuals are in accordance with the Contract.

1.8 Collection and retention of Quality Control documents including the above statements, inspection reports, submission approvals, test results, planning approval, building rules certification, site contamination assessment, geotechnical report, correspondence and notes of meetings with authorities, authority approvals, warranties and warranty schedule, commissioning reports, waste management plan etc. for a period of three (3) years or the warranty period, whichever is greater.

2. Architectural Consultant

The following services shall be provided by a recognised professional in the discipline of architecture, with preference for an architect (registered).

2.1 Determination of the final siting of the building including:

(a) Adherence to the applicable development plan

(b) Observance of boundaries and easements

(c) Relationship to other site features – existing buildings/significant trees

(d) Orientation

(e) Traffic planning, car parking, vehicular and pedestrian access

(f) Application of standard design i.e. mirroring/flipping of plan as required to suit the Site.

2.2 Determination of aesthetic decisions

(a) Selection of materials and finishes that integrate with the school’s context and


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environment

2.3 Determination of site specific issues

(a) Design for access

(b) Design for fire/bushfire

(c) Heritage considerations

(d) Noise abatement

(e) Environment (arid, coastal etc - corrosion & material specification issues etc)

3. Structural / Civil / Geotechnical / Environmental Engineering and Surveying Consultant

The following services shall be provided by a recognised professional in the relevant discipline with preference for engineering services for a certified practicing engineer.

3.1 Design of Structure

(a) Calculations for the superstructure design taking into account site specific conditions such as wind loading and corrosive environment.

(b) Geotechnical investigation, design and documentation of site specific foundations.

3.2 Design of Site Works

(a) Site survey as required

(b) Contamination management

(c) Finished floor level determination

(d) Earthworks design

(e) Stormwater disposal design

(f) Pavements/retaining walls/landscaping design

(g) Design for access (accessible pathways and thresholds in accordance with AS1428 and the Disability Discrimination Act - 1992)

4. Services Engineering Consultants

The following services shall be provided by a recognised professional in the relevant discipline of engineering, with preference for a certified practicing engineer

4.1 Completion of services design

(a) Connections to water, gas, power, sewer, data, communications, security

(b) Upgrade of existing services infrastructure (if required)

(c) Implementation of design solutions to climatic conditions that are different from Adelaide (eg arid, coastal etc).

Prescribed Role For Consultants – Refurbishment Work

1. Quality management services (by appropriate Consultant)

The following services shall be provided by a recognised professional in an appropriate discipline.

1.1 Compliance statements that the Works are in accordance with the approved Refurbishment design and documentation, DECS and DTEI Guidelines, at the following milestones:

(a) demolition complete

(b) structural work complete

(c) first fix complete


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(d) second fix complete

(e) commissioning

(f) practical completion

(g) final completion

1.2 Statement that the Refurbishment Work is in accordance with the Principal’s Project Requirements.

1.3 Statement of outstanding items, omissions and defects at Practical Completion.

1.4 Statement that all outstanding items are complete.

1.5 Statement that operation/maintenance manuals are in accordance with the Contract.

1.6 Collection and retention of Quality Control documents including the above statements, inspection reports, submission approvals, test results, planning approval, building rules certification, correspondence and notes of meetings with authorities, authority approvals, warranties and warranty schedule, commissioning reports, waste management plan etc. for a period of three (3) years or the warranty period, whichever is greater.

2. Architectural Consultant

The following services shall be provided by a recognised professional in the discipline of architecture, with preference for an architect (registered).

2.1 Determination of the scope of the Refurbishment Work to be undertaken taking account of the Upper Limit Prime Cost Sum including:

(a) meetings with the nominated School Representative to determine the extent of work that provides the best value-for-money educational outcome

(b) inspection of existing buildings

(c) obtaining existing building information, drawings etc.

(d) creating new building base plans where necessary and supplying them to other Consultants

(e) Reviewing Building Code requirements as part of the Refurbishment Works and incorporate new works to ensure compliance where necessary

(f) undertaking preliminary design and documentation for submission to the Principal for approval

(g) making alterations required by the Principal and completing Refurbishment design and documentation to ensure Development and Building Rules approval can be obtained

(h) co-ordinating the design with all disciplines.

2.2 Determination of aesthetic decisions

(a) Selection of materials and finishes that integrate with the school’s context and environment.

2.3 Consideration of site specific issues in the Refurbishment;

(a) Design for access

(b) Design for fire/bushfire

(c) Heritage considerations

(d) Noise abatement

(e) Environment (arid, coastal etc - corrosion & material specification issues etc)


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3. Structural / Civil / Geotechnical / Environmental Engineering and Surveying Consultant

The following services shall be provided by a recognised professional in the relevant discipline with preference for engineering services for a certified practicing engineer.

3.1 Design of Structure

(a) Meetings with the nominated school representative, Architect and Builder

(b) Inspection and determination of the existing buildings structure and its condition,

(c) Production of preliminary documentation for approval by the Principal including alterations or additions to the existing superstructure or repairs to existing damaged or deteriorated structure.

(d) Geotechnical investigation where Refurbishment includes additions,

(e) Liaison and supply of documents and estimates to the Principal’s Cost Manager to enable an agreement on the scope of Refurbishment work for the nominated Upper Limit Prime Cost Sum.

(f) Production of final documentation for Certification and construction.

3.2 Design of Site Works

(a) Design and documentation of siteworks associated with Refurbishment including design for access (accessible pathways and thresholds in accordance with AS1428 and the Disability Discrimination Act - 1992)

(b) Liaison and supply of documents and estimates to the Principal’s Cost Manager to enable an agreement on the scope of Refurbishment work for the nominated Upper Limit Prime Cost Sum.

4. Services Engineering Consultants

The following services shall be provided by a recognised professional in the relevant discipline of engineering, with preference for a certified practicing engineer

(a) Meetings with the nominated school representative, Architect and Builder

(b) Inspection and determination of the existing services, their type, layout and condition

(c) Design and documentation of alterations, additions or replacement of the existing services to suit the Refurbishment design

(d) Liaison with Service Authorities

(e) Connections to water, gas, power, sewer, data, communications, security

(f) Upgrade of existing services, service connections, switchboards etc.

(g) Production of preliminary documentation for approval by the Principal

(h) Liaison and supply of documents and estimates to the Principal’s Cost Manager to enable an agreement on the scope of Refurbishment work for the nominated Upper Limit Prime Cost Sum

(i) Production of final documentation for Certification and construction


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Appendix 2


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Appendix 3

BER Communication Flow Chart

DECS

SCHOOL

Minister for Infrastructure/DTEI

Builder

Consultants

Plan delivery

Facilitation

Info

rmation

Contr

acts

P

rofe

ssio

na

l serv

ices

ber

Documents

builder page

design team

time building

general design

schools project budget

school site

project advice

construction progress