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Part 1 Information for Tenderers

RFT 2914_2019-20_TTB_31 pg. 1

for

NBRC Multi-Site Waste Transfer Station Construction

Request for Tender

TENDER NO: 2914_2019-20_TTB_31


RFT Release Date: 11 March 2020

RFT Closing Time and Date: 8.00 AM AEST 15 April 2020

Validity Period: 90 days

Tender Administrator: Trevor Harvey

Project Specialist

NBRC

Contact Details: [email protected]

Method of Lodgement: Electronic submission of Tender via NBRC Tender Box


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CONTENTS

PART 1 – INFORMATION TO TENDERERS

1. GUIDE TO THE RFT ....................................................................................... 3

2. PURPOSE OF THIS REQUEST FOR TENDERS ........................................................ 3

3. PROJECT SUMMARY ..................................................................................... 4

4. LOCAL INDUSTRY PARTICIPATION POLICY ........................................................... 4

5. TIMETABLE ................................................................................................ 4


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1. GUIDE TO THE RFT

This RFT consists of five parts:

Part 1 Information to Tenderers

This part gives an overview of the RFT.

Part 2 Conditions of Tender

This part outlines the rules applicable to this RFT.

Part 3 Tender Response Schedules

This part requests information from the Tenderer to enable Council to assess their Tender.

Part 4 Technical Specifications and Drawings

This part consists of the Supplementary Conditions of Contract including detailed project specification documentation, drawings and other project related information for the restoration works.

Part 5 Conditions of Contract

This part outlines the draft terms and conditions of the proposed Contract between Council (‘the Principal’) and the Contractor.

2. PURPOSE OF THIS REQUEST FOR TENDERS

North Burnett Regional Council (Council) has identified the requirement to re-develop the Biggenden, Eidsvold, Gayndah and Monto landfill sites to waste transfer stations and resource recovery locations. This project is called the ‘NBRC Multi-Site Transfer Station Development Project’ (‘the Project’). These works have been approved by the Queensland Department of Local Government, Racing and Multicultural Affairs for partial funding under the Local Government Grants and Subsidy Program.

The purpose of this RFT is to seek Tenders in accordance with the North Burnett Regional Council Procurement Policy (Policy 104) for the construction of the four transfer stations and resource recovery areas in accordance with the supplied specifications and designs. It is imperative that the Tenderer note that North Burnett Regional Council has a number of key requirements in relation this Project, in particular, Council will focus on:

the local provision of goods and services,

local industry participation, and

a Tenderer with collaborative and open approach to Council and a track record of working with Clients to achieve mutually beneficial outcomes.


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3. PROJECT SUMMARY

Council has identified the scope and design for the construction of four waste transfer stations and associated resource recovery areas at the current Biggenden, Eidsvold, Gayndah and Monto landfill locations. These works are to be partially funded by the Queensland State Government through the Local Government Grants Subsidy program. Council has planned for the construction project to span two financial years in accordance with the funding body’s requirements. This Tender is for the construction of the Water Transfer Stations.

4. LOCAL INDUSTRY PARTICIPATION POLICY This Council Project is subject to the Queensland Government's Local Industry Policy. The Contractor for this Project will be required to provide full, fair and reasonable opportunity to local suppliers and specialist subcontractors when tendering the provision of equipment or services supplied. When a local provider can be shown as offering best value for money for the Project, the Contractor will be expected to source from that provider.

5. TIMETABLE The following is an indicative timetable in relation to the procurement process. Council will attempt to maintain this schedule but reserves the right to vary key dates where necessary.

Item Date

RFT release date with 80% Design

11 March 2020

Mandatory Tender briefing and site inspection (8.00 AM AEST) 19 March 2020

Release of 100% Design 17 March 2020

Last date for enquiries (5 PM AEST) 03 April 2020

RFT Closing Time and Date (8 AM AEST) 15 April 2020

RFT Evaluation: 22 April 2020

Council resolution to award contract May General Council Meeting

In the event that dates in the above table change materially, the registered Tenderers will be notified.


RFT 2914_2019-20_TTB_31 pg. 1

for


Request for Tender

TENDER NO: 2914_2019-20_TTB_31






Project Specialist

NBRC




RFT 2914_2019-20_TTB_31 pg. 2

CONTENTS

PART 2 – CONDITIONS OF TENDERER

1. INTERPRETATION ................................................................................................................................ 3

2. GENERAL .............................................................................................................................................. 5

3. BEFORE THE CLOSING DATE & TENDER LODGEMENT .................................................................. 7

4. TENDER EVALUATION ...................................................................................................................... 10


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1.0 INTERPRETATION

In this RFT, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them:

‘Business Day’ means a day other than a Saturday, Sunday or public holiday in the local government area of Council.

‘Contract’ means the agreement between Council and the Contractor for the provision of works constituted by the Contract Document.

‘Contract Documents’ means the documents comprising the Contract as set out and described in the Formal Instrument of Agreement which forms part of the RFT.

‘Contractor’ means the person that has entered into Contract with Council to provide the works.

‘Council’ means the North Burnett Regional Council.

‘Council Contact Officer’ means the person or persons specified in clause 2.7 of these Conditions of Tender or such other person as the Council may from time to time determine.

‘In Writing’ means email or on paper.

‘Intellectual Property Rights’ means the property of the mind or intellect. Types of intellectual property include patents, trademarks, designs, confidential information/trade secrets, copyright, circuit layout rights, drawings, specification. It includes any right to apply for registration of such intellectual property rights.

‘Non-conforming Tender’ means a Tender that has not met a requirement of this RFT, as further specified in clause 3.6 of these Conditions of Tender.

‘Principal’ means North Burnett Regional Council.

‘Request for Tender’ or ‘RFT’ means this document and all attachments inviting Tenderers to Tender for this proposed Contract including, collectively: -

The cover to the RFT; and

a) Part 1 – Information for Tenderers; and

b) Part 2 – Conditions of Tender; and

c) Part 3 – Tender Response Schedule; and

d) Part 4 – Technical Specifications and Drawings; and

e) Part 5 – Conditions of Contract

‘RFT Closing Time and Date’ means the date and time specified as the RFT Closing Time and Date on the cover of this RFT.

‘Superintendent’ is the NBRC Project Specialist

‘Tender’ means a tender submitted in response to this RFT.

‘Tenderer’ means the legal entity that submits a Tender in response to this RFT.

‘Tender Response Schedules’ means the Schedules at Part 3 of this RFT. These must be completed in accordance with the Conditions of Tender. The Schedules are used to assess each Tender and, potentially, to guide the preparation of the Contract.

‘Validity Period’ means the period as the Validity Period on the cover of this RFT during which the tenderer will hold each Tender of the Tenderer current as a legal offer.


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‘Value for Money’ means the derived project value against the project costs. This will be determined through the robust, comprehensive assessment against the pre-established evaluation criteria which are based on Council’s key requirements for the project.

‘Works' means the whole of the work to be executed in accordance with the Contract, including variations provided for by the Contract, which by the Contract is to be handed over to the Principal.


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2.0 GENERAL

2.1 Rules of Construction Subject to any inconsistency, the following rules of construction will be used to interpret this RFT:

Any word importing the plural includes the singular and vice versa.

Any word importing a gender shall include all genders.

A reference to a person includes a reference to natural persons, bodies corporate or

other forms of associations.

A reference to a recital, party, clause, schedule or annexure is a reference to a recital,

party, clause, schedule or annexure of this RFT

The captions, headings, section numbers and clause numbers appearing in this RFT are

inserted only as a matter of convenience and in no way affect the construction of this

RFT

A reference to a statute and regulations shall include all statutes and regulations

amending, consolidating or replacing the statute or regulation.

2.2 Process Contract This RFT does not amount to an ‘offer’ giving rise to a process contract upon tendering by the Tenderer, whether or not a contract is awarded subsequent to it.

2.3 Document Ownership

The Tenderer acknowledges that the Tender of the Tenderer becomes the property of Council and will not be returned to the Tenderer.

2.4 Intellectual Property The Tenderer will vest all intellectual property rights in its Tender with Council (including all designs and other documents, models, methodologies, reports and calculations forming part of or submitted with or in support of its Tender). Council will release and discharge the unsuccessful Tender participant/s from any liability associated with use by Council or the Contractor of intellectual property associated with its Tender/s. To be clear, Council may take any aspect of an unsuccessful participant’s Tender (including such matters as design and construction methodology) for possible application by the contractor to ultimately benefit Council outcomes.


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2.5 Tender Preparation Costs

The Tenderer acknowledges that they are responsible for all costs and expenses related to their Tender preparation and submission, including but not limited to:

the preparation and lodgement of their Tender

any subsequent negotiations, and

any other action or response in relation to this RFT.

The Tenderer should accept responsibility for costs and expenses related to attending any briefing or site inspection required under the Conditions of Tender.

2.6 Information ‘In Confidence’ Council assumes that all information provided with the Tender can be publicly disclosed, unless the information is clearly marked ‘in confidence’. For some Tenders however, Council may desire that all Tender information be released. If information is marked ‘in confidence’ and Council requires its public disclosure, Council may request in writing permission from the Tenderer to release the information. Refusal to do so may result in the Tender being excluded from further consideration.

2.7 Tender Administrator For information on this RFT process, the Tenderer may communicate with the Tender Administrator by email only as outlined on the cover of this RFT.

2.8 Disclaimer on Information

Each Tenderer acknowledges, accepts and agrees that the information contained in this RFT was prepared / collected by Council for Council’s own purpose and is passed to the Tenderer without any endorsement or adoption by Council. Council makes no representation as to the accuracy, completeness or appropriateness of the information for any particular purpose. The Tenderer must make its own enquiries and assessment of the information in order to satisfy itself as to the utility of the information for its own purposes.


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3.0 BEFORE THE CLOSING DATE & TENDER LODGEMENT 3.1 Closing Time and Date Tenders close at the RFT Closing Time and Date as specified on the cover of this RFT. Tenders not lodged or received by NBRC Tender Box by the RFT Closing Time and Date will be deemed to be late. A late Tender may or may not be excluded from further consideration, at Councils absolute discretion. Council reserves the right to extend the RFT Closing Time and Date by giving written notice to each party to which Council has delivered a copy of this RFT.

3.2 Clarification of RFT and Disclosure Where a Tenderer is seeking clarification on any part of the RFT, the Tenderer may only seek clarification from the Tender Administrator by emailing the request to the contact address identified on the cover sheet of this RFT, prior to close of business 5 Business Days prior to the RFT Closing Time and Date. Council will inform all other potential Tenderers of the question or matter raised and the answer given (without identifying any potential Tenderers by name).

Tenderers should draw the Tender Administrator’s attention to any ambiguity or discrepancy in this RFT. A Tenderer who discusses the RFT process with any Councillor or other Council employee (other than the Tender Administrator) prior to award of the Contract may have their Tender excluded from further assessment. Council will not be bound by any advice or information furnished by a councillor or officer of Council with respect to the RFT. A Tenderer who offers a bribe or gratuity aimed at influencing the RFT decision process will have their Tender excluded from further assessment.

3.3 Tenderer Briefing Session A mandatory Tenderer briefing session and site inspection will be held subsequent to the release of the RFT. This meeting will commence at 8.00am 19th March 2020 at the NBRC Council Chambers on Edward Street Biggenden and conclude at the Monto Landfill site. No other NBRC assisted site inspections will occur during the Tendering period. Confirmation of attendance is required by emailing the contact address on the cover of this RFT on or before COB 17th March 2020


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3.4 Before Tender submission

(a) Before submitting its Tender, each Tenderer must:

i. Carefully read and consider the RFT and any other information made available by Council with respect to the RFT and the process of tendering for the Contract; and

ii. read and consider all information relevant to the risks, contingencies and other circumstances relevant to the RFT; and

iii. inform itself of the nature of the obligations it must discharge under the Contract; and

iv. inform itself of the labour, plant and equipment and other items necessary, suitable or desirable to enable the Tenderer to discharge its obligations under the Contract; and

v. not rely upon information provided by or on behalf of Council; and

vi. independently verify any information provided by or on behalf of Council, and satisfy itself that the information is adequate and accurate; and

vii. satisfy itself that the information in its Tender is accurate and complete; and

viii. satisfy itself that its Tender complies in all respects with the requirements of the Conditions of Tender

(b) In evaluating Tenders and determining with whom it will enter the Contract, Council will

rely upon Tenderers having complied with the requirements of Clause 3.6(a) of the Conditions of Tender.

(c) Failure to comply with any requirement in clause 3.6(a) will not relieve the relevant Tenderer of responsibility to complete the Contract in accordance with its terms and in particular, the price or rate tendered by the Tenderer.

3.5 Method of Lodgement Tenders must be lodged using the method of lodgement specified on the front cover of this RFT. Council reserves the sole and absolute discretion to exclude from further consideration any Tender not submitted in this manner. Council will not be liable for, or pay for, any expenses or losses which may be incurred by any Tenderer in the preparation of the Tender.

3.6 Form of Tender

(a) Conforming Tender - Any Tender that breaches the requirements of this RFT such as not supplying information as required by this RFT (eg, not completing all the Tender Response Schedules) may be deemed as “Non-conforming”. Council reserves the sole and absolute right to exclude any Non-conforming Tenders from further assessment.


RFT 2914_2019-20_TTB_31 pg. 9

A listing of Non-compliances with the General Conditions of Contract will not make a Tender Non-conforming. However, the assessment team may take these Non-compliances into consideration when assessing the Tender. Any departures from the General Conditions of Contract must be specifically listed in Tender Response Schedule G Departure and Risk Schedule, including any alternative wording sought by the Contractor

(b) Alternative Tender -

An alternative Tender must be accompanied by a conforming Tender. Council reserves the sole and absolute right to exclude any alternative Tenders.

3.7 Tender Response Schedules Tenderers will be required to complete all Tender Response Schedules. When completing the Tender Response Schedules, Tenderers shall include only information that is relevant, important and able to be used in the assessment of the Tenders. Failure to fully and accurately complete the Tender Response Schedules will make a Tender Non-conforming.

Tenderers must confirm that all Tender Response Schedules have been provided by completing the Submission Verification Schedule attached at the end of Part 3 Tender Response Schedules.

3.8 In-House offer Council reserves the right to submit an In-House offer. If this occurs the offer will be subject to all conditions outlined in this RFT and scrutiny by the appointed probity officer.

3.9 RFT Modification

Council reserves the right to amend, suspend, terminate or abandon this RFT or its requirements at any time prior to the RFT Closing Time and Date, providing notice is given to each party to which Council has delivered a copy of this RFT.

3.10 Binding Offer

(a) The Tender of a Tenderer must be executed in a manner that binds the Tenderer.

(b) The identity of the Tenderer is fundamental to Council. For the purposes of a

Tenderer’s Tender, the Tenderer is the person, persons, corporation or corporations:

o who is named as the Tenderer in the Tender Response Schedules; and

o who has duly executed the Tender Response Schedules in a manner that

binds the Tenderer.

(c) Each Tender constitutes an offer by the Tenderer to Council to execute and complete

the Works on the terms and conditions of the Contract.


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4.0 TENDER EVALUATION

4.1 Tender Opening Council will open the North Burnett Regional Council Tender Box after the RFT Closing Time and Date. The opening of the tender box will not be public.

4.2 Tender Assessment The information provided in the Tender Response Schedules will be used to undertake a qualitative and quantitative assessment of the Tenders to determine which Tender offers Council best value for money. The Tenders will initially be checked for conformity with the RFT requirements, including completion of all the Tender Response Schedules. Failure to conform to these requirements will result in the Tender being deemed Non-conforming. Council reserves the right to exclude from further consideration any Non-conforming Tenders. Following this, Council will assess against the evaluation criteria and weighting as outlined in the table below.

EVALUATION CRITERIA AND DEFINITIONS APPLICANT INFORMATION

REQUIRED

WEIGHTING

Price and value for money – competitiveness of the submission taking into

account all quoted fees / cost and price adjustments for

risks/omissions/qualifications.

Schedule B

Schedule I

Schedule J

40%

Delivery Methodology, Approach, Risks, Issues and Departures -

Degree to which proposal complies with the requirements of this request

and understanding of the project requirements Key technical and program

issues and proposed solutions

Schedule C

Schedule F

Schedule G

Schedule I

Schedule J

30%

Proposed methodology and approach

Key project risks/issues and proposed solutions

Departure and Risk Schedule

Capabilities, Experience and Resources and Management Systems -

Demonstrated experience and capabilities of Contractor and key personnel

in delivering the requirements of this project type (ie civil construction) for a

regional local authority

Schedule E

Schedule J

Supporting Documentation

25%

Contract Experience

Nominated Contractor Team

Current Commitments

Details of sub-contractors

Local Business and Industry Schedule D 5%

Contribution to Local Economy

Failure against any of the criterion may result in the Tender being rejected without further consideration. The Evaluation Panel may also choose to contact referees or other sources in order to verify information provided by a Tenderer.


RFT 2914_2019-20_TTB_31 pg. 11

Tenders will also be evaluated by reference to the sound contracting principles in section 104 of the Local Government Act 2009.

4.3 Tender Errors Council reserves the right to reject a Tender should any details provided in the Tender be considered unclear, not legibly stated, incorrect, misleading, incomplete or false.

4.4 Tender Modification In accordance with Section 228 (7) of the Local Government Regulation 2012, Council reserves the right to invite all Tenderers to change their Tender. Alternatively, Council reserves the right to re-invite Tenders.

4.5 Clarification of Tender and Negotiations

Before completion of the evaluation, Council may seek clarification of any Tender. Council may also require any Tenderer to meet and discuss their Tender with all or some of the assessment team and this discussion may take the form of a presentation by the Tenderer. All clarifications shall be confirmed In Writing.

After the RFT Closing Time and Date, negotiations may be undertaken with one or more Tenderers upon any aspect of their Tender.

4.6 Unusually Low Bid

Council reserves the right to not consider or short list a Tender that is an “unusually low bid” or it may use Clause 4.5 to clarify reasons for the value of the offer. For this Tender an unusually low bid is defined as an offer where the corrected price is 20% or more below the median tender price of the conforming tenders. The median price shall be determined as the middle value of the price tendered when the list of conforming tenders is arranged in increasing price value. If the number of conforming tenders is even, then the median is the mean of the two middle values.

4.7 Further Information

Before completion of the evaluation, Council may seek information from any person or organisation to assist with assessing a Tender or determining the suitability of the Tenderer for being a Council Contractor. Tenderers must give members of the Evaluation Panel of Council any co-operation and assistance reasonably requested of them to facilitate consideration of their Tenders.

4.8 Tender Validity Period By submitting a Tender, the Tenderer has agreed with the Validity Period for the Tender of the Tenderer from the RFT Closing Time and Date specified on the cover of this RFT. The Tenderer may not withdraw a Tender of the Tenderer prior to the expiration of the Validity Period.


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Council may seek an extension to the Validity Period from a Tenderer by written request. If the Tenderer does not agree to an extension of the Validity Period in writing, the Tender of the Tenderer may be disregarded from further consideration.

4.9 Part Offers Council reserves the right to award the Contract or part of the Contract to a Tenderer.

Council reserves the right to accept a portion or the whole of any Tender at the price or prices offered unless the Tender specifically states to the contrary.

4.10 Tender Acceptance In accordance with Sections 228(8) & 228(9) of the Local Government Regulation 2012, Council is not obliged to accept the lowest price or any Tender. If Council does accept a Tender, it will be the one most advantageous to Council. The method of formal acceptance of a Tender will be by execution of a formal instrument of agreement. A Contract will not come into existence until formal execution of a formal instrument of agreement by each of Council and the successful Tenderer, notwithstanding the delivery of a letter of acceptance by Council to the successful Tenderer. Whilst a Tenderer may be notified that Council wishes to award the Contract to that Tenderer prior to execution of the Contract, that notification itself will not constitute acceptance of the Tender or any part of it.

4.11 Probity Probity procedures will be implemented to ensure that the RFT and all Tenderers are dealt with on a fair and equitable basis. Appropriate information management procedures will also be maintained to ensure:

non-discriminatory access by Tenderers to information

access to clarifications in response to Tenderers enquiries, and

confidentiality of information provided by Tenderers to the evaluation team.

The RFT process will be overseen by a probity adviser appointed by Council. Any concerns regarding the probity of the process should be addressed in the first instance to the Council Contact Officer (refer Clause 2.7).

4.12 Right to Information and Disclosure

(a) The Right to Information Act 2009 (“RTI Act”) provides members of the public with a legally enforceable right to access documents held by Queensland Government agencies (including Local Governments).

(b) The RTI Act requires that documents be disclosed upon request, unless the documents are exempt or, on balance, disclosure is contrary to the public interest.

(c) Information provided by the Tenderer is potentially subject to disclosure to third parties pursuant to the RTI Act.


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(d) If disclosure under the RTI Act, or general disclosure of information provided by the Tenderer, would be of substantial concern to the Tenderer, because it would disclose trade secrets, information of commercial value, the purpose or results of research or other information of a confidential nature, including personal information (as that expression is defined in the Information Privacy Act 2009), this should be indicated by the Tenderer in its Tender. Council cannot guarantee that any information provided by the Tenderer will be protected from disclosure under the RTI Act.

(e) The Tenderer must familiarise itself with the relevant provisions of the RTI Act dealing with the requirements for disclosure of information by agencies, and the grounds on which access to information may be refused.

(f) Council accepts no responsibility for the accuracy or adequacy of any information it provides to Tenderers concerning the content or effect of the RTI Act.

(g) Council reserves the right to disclose, by publication by means of media of its choosing upon award of any Contract details of the name and address of the Contractor, a description of the relevant goods, services or goods and services, the commencement date of the Contract and the consideration payable by Council under the Contract.

4.13 Information Privacy

(a) Council is bound by the provisions of the Information Privacy Act 2009 (“IP Act”).

(b) By submitting a Tender, the Tenderer warrants that it has obtained the consent of each individual whose personal information (as that expression is defined in the IP Act) is included in the Tender for:

i. the inclusion of their personal information in the Tender; and

ii. the use of the personal information by Council for the purpose of evaluating and awarding the Tender; and

iii. the disclosure of the personal information to other parties (including professional advisors) as may be involved in assisting Council with the evaluation of the Tender.

(c) The Tenderer must indemnify Council against any claim, damage or loss (including legal costs and expenses) that Council may incur as a consequence of a breach by the Tenderer of the warranty in Clause 4.12(b).

(d) Any personal information exchanged between the Tenderer and Council must be dealt with in accordance with the IP Act.

(e) The Tenderer must immediately notify Council upon becoming aware of any breach of this Clause 4.12.


RFT 2914_2019-20_TTB_31 pg. 1

for


Request for Tender

TENDER NO: 2914_2019-20_TTB_31






Project Specialist

NBRC




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CONTENTS

PART 3 – TENDER RESPONSE SCHEDULES

NOTE TO TENDERERS ........................................................................................ 3

SCHEDULE ‘A’ – TENDERER DETAILS AND DECLARATION .............................................. 4

SCHEDULE ‘B’ – PRICE ....................................................................................... 7

SCHEDULE ‘C’ – DELIVERY PROGRAM & METHODOLOGY .............................................. 8

SCHEDULE ‘D’ – SOURCING OF LOCAL BUSINESS ..................................................... 11

SCHEDULE ‘E’ – CAPABILITIES AND RESOURCES ...................................................... 17

SCHEDULE ‘F’ – DEPARTURE AND RISK SCHEDULE ................................................... 20

SCHEDULE ‘G’ – CONFLICT OF INTEREST ............................................................... 21

SCHEDULE ‘H’ – NOTICE TO TENDERERS ............................................................... 22

SCHEDULE ‘I’ – STATEMENT OF COMPLIANCE WITH THE RFT, INCLUDING THE CONTRACT

DOCUMENTS ................................................................................................. 23

SCHEDULE ‘J’ – SUPPORTING INFORMATION ........................................................... 24

SUBMISSION VERIFICATION SCHEDULE ................................................................. 25


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NOTE TO TENDERERS

Responses to this RFT must address and provide all details requested in “Part 3 Tender Response Schedules” and “Part 4 - Technical Specifications and Drawings”. These responses will be used to assess the Tender against the evaluation criteria. Any non-responses to the details or prices requested could result in Council rejecting the Tender as Non-conforming.


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SCHEDULE ‘A’ – TENDERER DETAILS AND DECLARATION

Registered Name of Tenderer:

Address of Tenderer:

ACN ABN

Phone No: Email.

Contact Representative:

Phone No. Fax No. Mobile No.

E-mail Address

Material Interest:

Does a material interest exist, or is likely to exist, between the Tenderer and a Councillor or Council

officer in relation to the Contract being awarded?

No

Yes - please provide details of material interest

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_________________________________________

Please attach additional information if space provided is not sufficient


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Financial Position:

If the Tenderer is awarded the contract, will it be able to fulfil the obligations of the Contractor

under the Contract from its own resources or from resources readily available to it and remain able

to pay all of its debts in full as and when they fall due?

No

Yes

Please provide details of Financial Position including summary of past two years audited balance sheets


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Declaration:

The Tenderer offers to execute and complete the Works detailed in:

(a) the RFT, and in particular, Part 4 - Technical Specifications and Drawings; and

(b) each Notice to Tenderers (if any) identified in Schedule I issued after the RFT Release Date,

in accordance with the Contract and the representations of the Tenderer contained in the Tender

Response Schedules and all attachments to the Tender Response Schedules.

In submitting this Tender, the Tenderer agrees to all of the terms and conditions in the RFT and

declares that the Tender conforms in all respects with the RFT except where the Tender is clearly

identified as an alternative offer or information has been supplied in the Statement of Compliance

with RFT, including the Contract Documents, Schedule J and that all information provided in the

Tender is true and correct.

Full name of Director

Director’s Signature

Declared at on the day of 2015

Witness’s Name

Witness’s Signature

Full name of Director/Secretary

Director/Secretary’s Signature

Declared at on the day of 2015

Witness’s Name

Witness’s Signature


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SCHEDULE ‘B’ – PRICE This Contract is a lump sum contract, together with a schedule of indicative rates to be used as a guide for calculation of costs for any approved adjustments and variations throughout the administration of this contract. This Contract is not subject to rise and fall.

B1. Price – Contract Lump Sum

Lump sum price (excluding GST) $

GST $

Lump sum price (including GST) $

Indicative schedule of rates are to be attached to this schedule. The forms with quantities are supplied with each set of site design drawings.


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SCHEDULE ‘C’ – DELIVERY PROGRAM & METHODOLOGY

C1. Construction program:

To assist with the comprehensive value for money assessment, Council requires the Tenderer to submit a

Construction Program in A3 Gantt Chart format. The Program shall include individual activities,

dependences, critical paths and key milestones during the construction phase of the restoration works,

including but not limited to:

pre-construction temporary works if applicable

construction,

non-working days, and

inclement weather allowance

Close out and handover

A Construction Program shall be prepared for all Works required under the Contract. The Construction

Program shall also provide a monthly progress claim cash flow forecast from possession of site until the

final payment claim.

Inclement weather and the effects of inclement weather where the amount of inclement weather is that

normally expected during the construction period in this case assessed to be five 5 days. Time extensions

will only be considered for inclement weather in excess of this amount.

C2. Risk management approach:

Please provide an outline of the Tenderer’s strategy for managing risks associated with the Project,

including mitigation methods to drive best Value for Money for Council:

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________



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C3. Proposed methodology:

Please provide an overview of the Tenderer’s proposed methodology for approaching and delivery this

Project:

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________



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C4. Key technical and program issues and proposed solutions:

Please provide Council with a detailed description of how the Tenderer will manage key technical

and program issues during the terms of the Project. Please also provide an outline of potential

solutions:

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________



RFT 2914_2019-20_TTB_31 pg. 11

SCHEDULE ‘D’ – SOURCING OF LOCAL BUSINESS

D1. The Local Industry Policy

Completion of the parts within this Schedule D is mandatory as part of the Queensland Government's Local Industry Policy. The Tenderer must complete parts D1

through D5 as part of their Tender Response, specifically responding to Council ’s expectations of local industry inputs set out in the below table. The information

provided in this schedule (or lack of information) will be used in assessing the Tenderer’s Tender.

Expectations of Local Industry inputs for the eligible project

Outline how you intend to support Council in their commitments to Local Industry Policy by outlining your response on how you intend to meet the LIPP requirements outlined by Council in this schedule:

D1.1 Opportunities for participation by local industry (North Burnett)

Insert Text here

D1.2 Expectations for participation of regional industry (Wide Bay Burnett)

Insert Text here


RFT 2914_2019-20_TTB_31 pg. 12

D1.3 Employment, training and skills development opportunities

Insert Text here

RFT 2914_2019-20_TTB_31 pg. 13


D2. Proposed procurement program for local subcontractors:

Please provide an overview of the Tenderer’s proposed procurement methodology and program for

sourcing subcontractors, with a particular focus on Council’s key objective of developing local business

(where a competitive local business exists):

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________


RFT 2914_2019-20_TTB_31 pg. 14


D3. Other initiatives to promote local business:

Please provide an outline of other initiatives (if any) the Tenderer proposes to promote local business:

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________



RFT 2914_2019-20_TTB_31 pg. 15

D4. Detail of Overall Total Project Inputs In response to Council’s Local Industry Policy, the Tenderer shall complete the table below based on the proposed delivery program and methodology to be adopted for this project:

Detail of Overall Total Project Inputs

Description of Goods or Services Supplied

Local Suppliers Business Name

Local Suppliers Postcode

Location of Manufacture of

Goods or Services

Expected Total Contract Value

A$

Expected Local Value Add (as a $ or % value

of total contract value)

A$

Eg. Supply of 3.2 Gravel Supplier CH1 4011 Gayndah 1,500,000 500,000 (30%)

Eg. Supply and spraying C170 bitumen Supplier CH2 4012 Bundaberg 1,500,000 1,500,000 (100%)

Eg. Hauling of pavement gravels Supplier L1 4069 Childers 1,000,000 990,000 (99%)

Eg. Excavator hire Supplier SS1 4015 Monto 3,000,000 1,200,000 (40%)

Eg. Concrete supply Supplier SS2 4070 Mundubbera 3,000,000 2,900,000 (97%)

Eg. Traffic management services Subcontractor 1 4016 Brisbane 7,500,000 5,000,000 (67%)


RFT 2914_2019-20_TTB_31 pg. 16

D5. Detail of Sub-Contractors In response to Council’s Local Industry Policy, the Tenderer shall complete the table below based on the proposed delivery program and methodology to be adopted for this project. The following Sub-Contractors will be engaged by the Tenderer and have authorised the Tenderer to provide their referees for Council to contact:

Name of Subcontractor Previous experience as Sub-Contractor to Tenderer

Period of association

Sub-Contractor component

Referee Contact Number

The Tenderer hereby agrees to check and obtain a copy of all sub-contractors licences and qualifications prior to engagement of this project and

ensure all licences and qualifications are maintained during the term of this Contract.

The Tenderer has attached an additional schedule D due to insufficient space on this page – immediately following this Schedule D.

Name of Tenderer:

Date:


RFT 2914_2019-20_TTB_31 pg. 17

SCHEDULE ‘E’ – CAPABILITIES AND RESOURCES

E1. Contract Experience

The following related contracts have been undertaken by the Tenderer and we give permission for Council to contact the referees identified below:

Client Organisation

Key Personnel Involved

Description of Contract

Start Date

Finish Date

Referee’s contact officer and contact phone number

The Tenderer has attached an additional Schedule E to provide details due to insufficient space – immediately following this Schedule E.

Name of Tenderer:

Date:


RFT 2914_2019-20_TTB_31 pg. 18

E2. Current Commitments

The Tenderer is committed to the following contracts during the nominated contract period:

Contract Name Key Personnel Value of Contract Start Date (anticipated if not commenced)

Completion (Due) Date

Role in the Contract


Name of Tenderer:

Date:


RFT 2914_2019-20_TTB_31 pg. 19

E3. Personnel Dedicated to this Contract

Name of Employee Service Period

Years in Industry

Key Skills

E4. Qualified Persons Performing the Work

Person/s performing the work Qualification Type of Licence required Licence Number


Name of Tenderer:

Date:


RFT 2914_2019-20_TTB_31 pg. 20

SCHEDULE ‘F’ – DEPARTURE AND RISK SCHEDULE

F1. Departure Schedule

To assist with the comprehensive value for money assessment, Council requires the Tenderer to outline

the departures from the RFT, including the Contract Documents, in the schedule below (if any). Please

note that any departures will be taken into consideration during the value for money assessment. If

there are no departures from the RFT, please insert ‘Nil’.

Clause Proposed change Reason for change

F2. Risk Schedule

To assist with the risk assessment, Council requires the Tenderer to outline the additional risks identified

by the Tenderer that have not been identified in the RFT. The additional risks identified by the Tenderer

are to be detailed and an estimate of cost provided in the schedule below (if any). This will be utilised by

Council to assess the project risks and determine whether or not Council wishes to share or take over

risk/s identified by the Tenderer. Any take up of risk, or sharing of any risk with the Tenderer, shall be

at the sole discretion of Council. The take up of part or all of any risk identified in the schedule below

by Council, will result in an agreed reduction in the tendered lump sum price between Council and the

Tenderer. If there are no risks identified, please insert ‘Nil’.

Risk Estimated Cost Included in LS

Amount


RFT 2914_2019-20_TTB_31 pg. 21

SCHEDULE ‘G’ – CONFLICT OF INTEREST

DECLARATION OF INTEREST AND POSSIBLE INFLUENCES

In submitting a Tender, in response to the RFT, the Tenderer warrants that to the best of its knowledge and belief and subject to any disclosures detailed below:

(a) no family, business or pecuniary relationships exist between the parties to this RFT process that would adversely impact on this Invitation or any Contract arising as a result of this RFT process;

(b) neither the Tenderer nor its officers or employees have:

(i) engaged in any unethical behaviour or sought and/or obtained an unfair advantage; or

(ii) received or will receive any pecuniary or in-kind advantage from another Tenderer,

in relation to this RFT process;

(c) no officer, employee, contractor or family member associated with the Tenderer is or has been engaged by North Burnett Regional Council in a position or role that in any way relates back to this Offer;

(d) no officer, employee, contractor or family member associated with North Burnett Regional Council has been offered any benefit or inducement associated with this Offer, including any offer relating to employment; and

(e) other than specified below, neither the Tenderer nor any of its officers or employees have or are likely to have any Conflict of Interest.

The Tenderer further undertakes to notify North Burnett Regional Council via the Contract Administrator in writing immediately if any warranty contained in this Schedule H becomes incorrect.

Is the Tenderer, its officers or employees: (a) a current or former employee of Council (b) an immediate relative of a Council employee

Yes

Yes

No No

Will any actual or potential conflict of interest in the performance of the Tenderer’s obligations under the arrangement exist if awarded this Contract, or are any such conflicts of interest likely to arise during the Contract term?

Yes No

If Yes, please supply details and the way in which any conflict will be dealt with.

This information is disclosed for the purposes of this Schedule. Tenderers must supply details of any possible conflict of interest that exists or may arise in relation to the making and/or acceptance of their Offer.

Name of Applicant:

Date:


RFT 2914_2019-20_TTB_31 pg. 22

SCHEDULE ‘H’ – NOTICE TO TENDERERS

If Council has provided Notice to Tenderers prior to the RFT Closing Time and Date, please

acknowledge.

The following Notice/s to Tenderers have been received and are acknowledged by the Tenderer:

Name of Tenderer:

Date:

Notice No Date Issued


RFT 2914_2019-20_TTB_31 pg. 23

SCHEDULE ‘I’ – STATEMENT OF COMPLIANCE WITH THE RFT, INCLUDING THE CONTRACT DOCUMENTS

The documentation referred to in this Statement includes all of the documents comprising the

RFT, as defined in Clause 1 of the Conditions of Tender.

Please tick the statement that applies to your Tender:

The Tenderer is aware that the absence of any variations identified in this Statement will

mean that the Tenderer accepts and submits this Tender in accordance with all of the

clauses, conditions and requirements of the RFT.’;

OR

The Tenderer advises that this Tender seeks a variation to the following clauses and

accepts and submits this Tender in accordance with all of the clauses, conditions and

requirements of the RFT not subject to a variation in this Statement.’;

Name of Tenderer:

Date:

Part and clause or condition number

Comments and Information


RFT 2914_2019-20_TTB_31 pg. 24

SCHEDULE ‘J’ – SUPPORTING INFORMATION The following information is supplied to support the Tenderer’s submission. Any documents supplied as a part of this Supporting Information are noted and attached to this Schedule:

Name of Tenderer:

Date:

Supporting Information Details (eg brochures, CV’s)

Purpose Which Schedule does this

Information Support


RFT 2914_2019-20_TTB_31 pg. 25

SUBMISSION VERIFICATION SCHEDULE The following schedules are required for a Tender to be conforming. Tenderers must confirm

that all schedules have been provided by completing the Submission Verification Schedule.

The Tenderer has, completed, signed and attached relevant documents for the schedule checked.

By providing this Submission Verification, the Tenderer confirms the content of all material

included in the checklist items.

Tenderer (Individual / Company)

Registered Business Name or Trading Name

Signature

Tenderer response schedule checklist

Mandatory information

Items required by Council

Items provided by Tenderer.

(Cross each box as applicable)

Schedule A – Tenderer Details and Declaration

Schedule B – Price

Schedule C – Delivery Program and Methodology

Schedule D – Sourcing of Local Business

Schedule E – Capabilities and Resources

Schedule F – Departures and Risk Schedule

Schedule G – Conflict of Interest

Schedule H – Notice to Tenderers

Schedule I – Statement of Compliance with RFT, including the Contract Documents

Schedule J – Supporting Information

Submission Verification Schedule


RFT 2914_2019-20_TTB_31 pg. 1


Request for Tender

TENDER NO: 2914_2019-20_TTB_31






Project Specialist

NBRC



mailto:[email protected]


RFT 2914_2019-20_TTB_31 pg. 2

CONTENTS

PART 4 TECHNICAL SPECIFICATIONS AND DRAWINGS

1. SUPPLEMENTARY CONDITIONS OF CONTRACT .................................. 4

1.1 Type of Contract ........................................................................................................................ 4

1.2 Scope of Works .......................................................................................................................... 4

1.3 Progress Claims ......................................................................................................................... 4

1.4 Completion Date of Works .................................................................................................... 4

1.5 Variations .................................................................................................................................... 4

1.6 Formal Instrument of Agreement ....................................................................................... 5

1.7 Contract Documents ................................................................................................................ 5

1.8 Standards, Specifications, Drawings & Local Authority Standards......................... 6

1.9 Trade Names .............................................................................................................................. 6

1.10 Use of Proprietary, Trade or Brand Names ..................................................................... 7

1.11 Extension of Time for Practical Completion, Delay and Disruption Costs ........... 7

1.12 Contractor’s Staff ...................................................................................................................... 7

1.13 Evidence of Conformance of Work ..................................................................................... 7

1.14 Public Notification .................................................................................................................... 7

1.15 Weather Protection ................................................................................................................. 8

2. TECHNICAL SPECIFICATION .................................................................... 8

2.1 Principal Contractor ................................................................................................................ 9

2.2 Contractors Obligations ......................................................................................................... 9

2.3 Scope of Works .......................................................................................................................... 9

2.4 Government Authorities ..................................................................................................... 10

2.5 Standards .................................................................................................................................. 10

2.6 Project Control........................................................................................................................ 12


RFT 2914_2019-20_TTB_31 pg. 3

2.7 Safety .......................................................................................................................................... 13

2.8 Quality ....................................................................................................................................... 15

2.9 Practical Completion Inspection ...................................................................................... 16

2.10 As-Constructed Data, Compliance/Certificates ........................................................... 16

2.11 Defects Liability Inspection ............................................................................................... 17

2.12 Community Liaison ............................................................................................................... 17

2.13 Environmental Management ............................................................................................. 18

2.14 Traffic Management .............................................................................................................. 18

2.15 Construction Management ................................................................................................. 19

2.16 Site Facilities ........................................................................................................................... 19

2.17 Demolition ............................................................................................................................... 19

2.18 Temporary Works ................................................................................................................. 19

APPENDIX A Biggenden Design Drawings and Geotech ReportError! Bookmark not defined.

APPENDIX B Eidsvold Design Drawings and Geotech Report ............................. 22

APPENDIX C Gayndah Design Drawings and Geotech Report ............................. 23

APPENDIX D Monto Design Drawings and Geotech Report ................................. 24

APPENDIX E Building Approvals ....................................................................... 25

APPENDIX F NBRC Standard Access and Floodway Drawings ............................. 26

APPENDIX G Environmental Licence ................................................................. 36


RFT 2914_2019-20_TTB_31 pg. 4

1. SUPPLEMENTARY CONDITIONS OF CONTRACT

1.1 Type of Contract

This is a Lump Sum Contract as per Clause 3.1 (a) of the General Conditions of Contract, AS 2124-1992.

The Contract Sum shall be not subject to adjustment for Rise and Fall.

1.2 Scope of Works

Any changes required to be made to any scheduled item will require the written approval of the Superintendent prior to commencement of works.

1.3 Progress Claims

The Contractor, under Clause 43 Payment of Workers and Subcontractors, of the General Conditions of Contract, is to prepare, execute and deliver to the Superintendent with each and every monthly payment claim a Contractor’s Statutory Declaration, stating that all subcontractors have been paid.

1.4 Completion Date of Works

The scheduled tasks within the Contract Package shall not be deemed to be separable portions and therefore Clause 35.3 “Separable Portions” of the General Conditions of Contract, AS 2124-1992, has been deleted.

As detailed in the Annexure Part A – General Conditions of Contract the Date of Practical Completion is 30th March 2021. Tenderers are to provide a statement or details of their proposed construction program to meet this timeframe as part of their Tender. An anticipated construction timeframe past this date may be considered for assessment but details of the revised date will be required.

Inclement weather and the effects of inclement weather where the amount of inclement weather is that normally expected during the construction period in this case assessed to be five 5 days. EOTs will only be considered for inclement weather in excess of this amount.

The Tenderer is to note the work times for this contract are 7am - 6pm Sunday – Saturday (excluding public holidays). Consideration may be given to requests for alternative work times depending on circumstances.

1.5 Variations

The Superintendent may by notice in writing instruct the Contractor to vary the works changing the form, quality and extent of the works. No variations to the work shall be undertaken by the Contractor without a notice in writing by the Superintendent. The Contractor on receipt of such notice shall provide to the Superintendent written acknowledgment of receiving the notice. A variation shall be valued by agreement between the Contractor and the Superintendent prior to variations being carried out unless otherwise instructed by the Superintendent.

Items can be deleted from the contract at the discretion of the Principal (or Superintendent on the Principal's behalf). In the event that an optional item is directed not to proceed, the contract sum shall be adjusted by the deletion of the scheduled item. No re-adjustment of profit and attendance will be accepted.


RFT 2914_2019-20_TTB_31 pg. 5

1.6 Formal Instrument of Agreement

Further to the provision of Clause 6.2 of the General Conditions of Contract it is a condition of tendering that both copies of the Formal Instrument of Agreement be executed by the Contractor and the Principal.

Provided the Principal (or Superintendent on the Principal's behalf) has forwarded to the Contractor both copies of the Formal Instrument of Agreement and if the Contractor fails to execute them and return them to the Principal (or Superintendent), by the fourteen (14) days prescribed in Clause 6.2 of the General Conditions of Contract, this failure by the Contractor shall constitute a substantial breach of Contract pursuant to Clause 44.2 of the General Conditions of Contract.

1.7 Contract Documents

This Contract shall be carried out subject to the

A. General Conditions of Contract, AS 2124-1992.

B. Supplementary Conditions of Contract,

C. Technical Specification, Drawing and Attachments (including appendices);

Appendix A – Biggenden Drawings and Geotechnical Reports

Appendix B – Eidsvold Drawings and Geotechnical Reports

Appendix C – Gayndah Drawings and Geotechnical Reports

Appendix D – Monto Drawings and Geotechnical Reports

Appendix E – Building Approvals

Appendix F – NBRC Standard Access and Floodway and Geotechnical Reports Drawings

Appendix G – Environmental Permit

The several documents forming the Contract are to be taken as mutually explanatory of one another.

In the event of any inconsistency or contradiction between the documents comprising the Contract between the Principal and the Contractor, then the following order of precedence shall be used in order to resolve any conflict: ambiguity or discrepancy between documents:

a) Formal Instrument of Agreement,

b) Post Tender Correspondence,

c) The Contractor’s Tender,

d) Notices to Tenderers (if any),

e) The Drawings,

f) The Specification,

g) Standard Specifications / Standard Drawing Lists,

h) The General Conditions of Contract (With Annexures and Amendments, if any)

i) The Conditions of Tendering.


RFT 2914_2019-20_TTB_31 pg. 6

Hard copies issued by the originator of documents take precedence over soft or digital copies of the same document.

If either party discovers any ambiguity or discrepancy in any document prepared for the purpose of executing the work under the Contract, that party shall notify the Superintendent in writing of the ambiguity or discrepancy. In the event of an ambiguity or discrepancy being discovered and brought to the attention of the Superintendent, or discovered by the Superintendent, the Superintendent shall direct the Contractor as to the interpretation to be followed by the Contractor in carrying out the work.

If the direction causes the Contractor to incur more or less costs than the Contractor could reasonably have anticipated at the time of tendering, the difference shall be valued under Clause 40.5. of the General Conditions of Contract (AS 2124 – 1992).

Where in the Contract the word "Engineer" appears, "Engineer" shall be defined as for “Superintendent" in Clause 1 of the General Conditions of Contract.

1.8 Standards, Specifications, Drawings & Local Authority Standards

Referenced documents which are the editions, with amendments, current three (3) months before the closing date for tenders shall be deemed to apply, except where other editions or amendments are required by statutory authorities.

Where Australian or British Standards or other publications are referred to, the editions of such standards or scheduled item numbers in the Specifications, the amendment issue generally will not be shown in the Table of Contents.

The drawing issue current at the time of tendering or at awarding of the Contract shall be deemed to apply to the Contract unless a later issue is forwarded under covering letter.

Where reference is made to Local Authority standards, specifications and drawings, the Contractor shall satisfy itself prior to commencing work that the standards, specifications and drawings it is using are current at the same time of construction and are acceptable to the Local Authority concerned.

In the event of there being a change in Local Authority requirements of which the Contractor becomes aware (or ought to have become aware), the Contractor shall notify the Superintendent immediately in writing and enclose details of any cost variations applicable as a result of the change.

Any variation to the contract price shall be approved in writing by the Superintendent prior to the Contractor commencing work on the varied item.

1.9 Trade Names

Where items have been described by a trade name, alternative products or materials will be considered for use provided that, in the opinion of the Superintendent, the alternative products or materials are at least the equivalent of those described and are also acceptable to the Local Authority.

It shall be the Contractor's responsibility to provide satisfactory evidence to the Superintendent that any alternative product or materials it proposes to use are acceptable to the Local Authority and/or other instrumentality having jurisdiction over the Works.


RFT 2914_2019-20_TTB_31 pg. 7

1.10 Use of Proprietary, Trade or Brand Names

The description in the Contract of any materials, plant, equipment, work or other items by a proprietary, trade or brand name, suppliers or manufacturer’s name, model number or other specific means does not in any way relieve, limit or exclude any of the Contractor’s Obligations or liabilities under the Contract with respect to the materials, plant, equipment, work or any other items( including, but not limited to, obligations and liabilities under any warranties, performance guarantees or defects liability provisions of the Contract.)

1.11 Extension of Time for Practical Completion, Delay and Disruption Costs

In the event that the Superintendent grants an extension of time for Practical Completion for a cause pursuant to clause 35.5(b) (vii and viii) of the General Conditions of Contract then this shall not invalidate the Contract nor will it in any way be considered, pursuant to Clause 36 of the General Conditions of Contract (or elsewhere in the Contract), for extra costs for delay or disruption that may have resulted.

1.12 Contractor’s Staff

The Contractor shall employ on the Site at least the positions and numbers of staff as negotiated in the development of the Contract. The personnel nominated by the Contractor to fill the required positions shall have at least the qualifications and experience negotiated and shall be able to read, write and converse fluently in the English language.

Any vacancy of key personnel shall be promptly filled by the Contractor with a person who shall possess at least equal experience, qualifications and ability as the person replaced.

Failure by the Contractor to provide suitable personnel will be a substantial breach of Contract for the purposes of the operation of Clause 44.2 of the General Conditions of Contract.

1.13 Evidence of Conformance of Work

Further to Clause 42.1 of the General Conditions of Contract, the Contractor shall apply the following procedure when submitting evidence of conformance of work to the Superintendent:

a) the work shall be completed in accordance with the provisions of the Contract in respect to quantity, quality and any other relevant requirements:

b) the work shall be inspected and tested in accordance with the requirements of the Contract:

c) inspection and test results shall be analysed to demonstrate compliance with the Contract; and

d) a conformance report shall be presented to the Superintendent.

The Contractor shall submit a conformance report to the Superintendent promptly on completion of the work and prior to substantial progress on subsequent work.

1.14 Public Notification

During construction, adequate information shall be advertised publicly by the Council to keep the community informed of changes to normal opening hours and traffic movements and of any other possible disruptions. As much notice as possible of changes or disruptions shall be given to the Superintendent by the Contractor, but it shall not be less than 7 days. The Principal reserves the right to take control of and/or incorporate publicity proposals by the Contractor into any project publicity arranged directly by the Principal.


RFT 2914_2019-20_TTB_31 pg. 8

1.15 Weather Protection

Further to Clause 16.1 of the General Conditions of Contract - Care of the Work without limitation includes:

a) Those activities to prevent otherwise suitable materials from becoming unsuitable as a result of moisture entry during construction.

b) Undertaking construction operations so as to obviate ponding of rainwater on the pavement layer.

c) Ensuring that all excavations are adequately drained or, if practicable, protected to minimize water entry. Where a suitable outlet cannot be constructed to excavations, the Contractor shall take such other measures as are necessary to remove water from the excavation. Excavations shall be backfilled as soon as practicable after the work for which the excavation was made is completed.

d) On the completion of each day’s operations, and at such other times when rainfall is imminent, the surface of the pavement shall be graded so as to provide adequate falls transversely and, and where practicable, longitudinally to permit shedding of surface water without ponding or scouring. The graded area shall be rolled to provide a smooth dense surface in this regard.

e) Temporary works must be constructed to allow adequate runoff water management to comply with the site Environmental Licence Requirements.

Failure to undertake such measures shall constitute contributory damage by the Contractor.

1.16 Material Costs

All material costs including royalties and fees relating to material taken from private property or elsewhere that are required for works included in the contract shall be paid by the Contractor and shall be included in the Tender Lump Sum price.


RFT 2914_2019-20_TTB_31 pg. 9

2. TECHNICAL SPECIFICATION

2.1 Principal Contractor

Where specialist service providers / nominated subcontractors are undertaking works on site, the Contractor will act as the “Principal Contractor” or “Head Contractor”. The possession of the construction site will remain with the Contractor and all specialist subcontractors will need to undertake the works on site in accordance with all requirements of the Contractor.

The Contractor will be responsible for ensuring that the specialist subcontractors are complying with all Workplace Health and Safety Regulations and general site requirements.

2.2 Contractors Obligations

Nothing contained within this Specification shall in any way limit or exclude any of the Contractors obligations or liabilities under the General Conditions of Contract.

2.3 Scope of Works

This Specification sets out the requirements and quality for the construction of the following works:

The construction of a 2 bay Waste Transfer Station at the current Biggenden Landfill site off Old Coach Road – Lot 78 Plan CK2902

The construction of a 2 bay Waste Transfer Station at the current Eidsvold Landfill site off Hollywell Road – Lot 128 Plan YL988

The construction of a 2 bay Waste Transfer Station at the current Gayndah Landfill site off Rifle Range Road – Lot 113 Plan BON1559

The construction of a 3 bay Waste Transfer Station at the current Monto Landfill site off Lang’s Road – Lot 154 Plan RW411

The works undertaken shall be:

Coordinated with all trades and site users.

Coordinated with Local Government Authorities and its agents for all inspections.

Provide Submissions as detailed in the Specification.

Review all works for compliance with the specifications and project drawings prior to calling for onsite surveillance visits; and

Review all submissions prior to submitting the items to the Superintendent.

Further to the General Requirements outlined below, the Contractor shall meet the requirements in other sections of this Specification.


RFT 2914_2019-20_TTB_31 pg. 10

2.4 Government Authorities

The local government authority that is to accept ownership of the works under the Contract is as stated in the Part 2 of this RFT. It is a requirement that all works under the Contract be accepted by and be to the satisfaction of the Superintendent. The Superintendent may delay issue of the Certificate of Practical Completion until the works are accepted by the local government.

The Superintendent may make random inspections of the works at any time. The Contractor shall co-operate fully with the Officer making inspections.

2.5 Standards

Compliance

The compliance with the minimum requirements of the relevant code, regulation and/or standard does not guarantee that the requirements for this Specification will be met. This Specification and associated documents detail the minimum quality for the installation.

The compliance with the requirements for the relevant codes, regulation and/or standards is required under this Specification.

Codes and Regulations

Where codes or standards are nominated in this Specification, they shall be the approved standards for relative to the project. Codes or standards not listed in the BCA and unless otherwise approved or specified, the workmanship, equipment and materials shall comply with the latest revision of the relevant Australian Standards (AS) or the requirements of the Authorities having jurisdiction over all or part of the works. Where conflict exists between different applicable codes, standards or regulations the higher requirement shall apply. Do not deviate from the provisions for the relevant standard without first obtaining approval in writing from the appropriate authority. The Contractor shall advise the Superintendent of any conflicts identified.

Design Service Life

Structure and structural elements shall be selected and installed to have minimum general service life of 80 years with minimal preventative maintenance, unless noted otherwise.

Site Surveillance

Minimum notice for all site surveillance visits is 2 business days. The Contractor must provide attendance for all site surveillance required under this Specification.

If notice of site surveillance visit is required in respect of parts of the works that are to be concealed the Contractors must advise when the inspection can be made before concealment.

Should the Contractor fill in or cover up without approval any of the work, the Superintendent may order the Contractor to expose such work at the Contractor’s expense, provided that, should the Superintendent not make the inspection of work within 24 hours of the time designated nor give verbal or written direction regarding this matter, the Contractor may at his discretion proceed with the work, subject to the General Conditions of Contract.

Tests

The Contractor must give notice of the time and place of nominated tests as per the relevant sections of this Specification.


RFT 2914_2019-20_TTB_31 pg. 11

Tests Program

Include the testing program as required by this specification with the construction program. Include particulars of test stages and procedures.

Test Reports

For designated tests, including pre-delivery tests, record results and submit reports or certificates in a form suitable for inclusion in Council’s asset management system.

Submit copies of test reports, including certificates for all tests, showing the observations and results of tests and compliance or non-compliance with requirements.

Undertaking Testing

Undertake all tests as required by the relevant standards, codes, legislation, local government authority requirements and this Specification. All test equipment shall be calibrated and certified by a NATA accredited facility within 6 six months of the testing date.

Testing Authorities

Except for site tests, have tests carried out by a registered testing authority and submit test reports.

The Contractor shall submit copies of test reports, including certificates for type tests, showing the observations and results of tests and conformance or non-conformance with requirements.

For site tests the Contractor shall use instruments calibrated by authorities accredited by a registered testing authority.

Hard Copy Submissions

Quantity:

Bound documents: Two copies.

Loose documents up to and including A3: Two copies; and

Standard contract drawing size: A3.

If a submission contains errors, make a new or amended submission as appropriate, indicating changes made since the previous submission.

Authorities Approvals

The Contractor must submit documents showing approval by the authorities whose requirements apply to the work and submit copies of correspondence and notes of meetings with authorities whose requirements apply to the work to the Superintendent.

Substitution

Identification of a proprietary item does not necessarily imply exclusive preference for the item so identified but indicates the necessary properties of the item.

If alternatives to the documented products, methods or systems are proposed, submit sufficient information to permit evaluation of the proposed alternatives, including the following:

Evidence that the performance is equal to or greater than that specified.

Evidence of conformity to a cited standard.


RFT 2914_2019-20_TTB_31 pg. 12

Essential technical information, in English.

Reasons for the proposed substitutions.

Statement of the extent of revisions to the contract documents.

Statement of the extent of revisions to the construction program.

Statement of cost implications including costs outside the contract; and

Statement of consequent alterations to other parts of the works

If the documented products or systems are unavailable within the time constraints of the construction program, submit documentary evidence including evidence of date where order to proceed with supply occurred.

If the substitution is for any reason other than unavailability, submit evidence that the substitution:

Is of net enhanced value; and

Is consistent with the contract documents and is as effectual as the identified item, detail or method.

2.6 Project Control

Project Management Plan

The Contractor shall prepare a Project Management Plan (PMP) within three (3) weeks of the date of acceptance of the tender. The Project Management Plan shall cover all aspects of the contract and is to be submitted to the Superintendent for review and acceptance. The PMP shall include as a minimum

The Contract organizational chart, including nominated key personnel and contact information, subcontractors etc; Ref 1.12 & 2.12

The personnel who shall be conducting each type of compliance inspection and testing, their experience and qualifications; Ref 1.13 & 2.5

Detailed program of works GANTT Chart showing key milestones as well as inspection and test points; Ref 2.5, 2.8 & 2.15

Layouts of each site during construction showing construction zones and temporary works in more detail than supplied drawings; Ref 2.18

Construction Safety Plan; Ref 2.7

Construction Environment Plan; Ref 2.13

Construction Quality Plan; Ref 2.8

Traffic Management Plan; Ref 2.14

Weekly report template; Ref 2.6


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Prestart Meetings

Prior to works commencing a prestart meeting will be held on each site attended by representatives from the Superintendent, Contractor and Local Authority. The contractor’s employees working on the site will be required to complete a Council safety induction prior to commencing work.

Possession of Site

The contractor shall be deemed to be in possession of the construction site from the time possession is granted until the site works under the contract are accepted practically complete.

Note that the construction sites vary during the program and are identified in the design drawings. Completion of each section does not mean contract practical completion.

Progress Meetings

Progress meetings will be held at regular interval not less than fortnightly as determined at the first prestart meeting. Minutes of the meeting shall be recorded and distributed by the Superintendent. Minutes shall be confirmed at the commencement of each successive meeting and after confirmation, the minutes shall then be the only recognised record of the progress meeting.

Weekly Progress Reports

Weekly progress reports shall be submitted to the Superintendent by 9.00am each Monday. The reports shall cover as a minimum

Progress within the reporting period

Forecast progress for the next fortnight

Summary of any safety and environmental incidents in the reporting period

Safety, Environmental and Quality issues

Any perceived issues with the construction program

Identification of any potential variations

2.7 Safety

The Contractor shall at all times comply with the Work, Health and Safety Act 2011 (“the Act”), regulations and relevant legislation. In addition, the Contractor shall comply with the Electrical Safety Act 2002 and associated legislation.

Appointment of Principal Contractor

Upon the date of the letter of Acceptance:

The Principal is deemed to have appointed the Contractor to be the Principal Contractor and the Contractor is deemed to have accepted the appointment.


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The Contractor, in respect of the work to be executed under the Contract, becomes responsible for the performance of the principal contractor’s functions under the Act and under the regulations and compliance standards in force under the Act.

The Contractor’s appointment as Principal Contractor shall continue until the Contractor completes all of the work under the Contract unless sooner revoked by the Principal giving 21 days’ notice in writing to the Contractor of its revocation or by the Principal taking over or terminating the Contract pursuant to any provision of the Contract or according to law.

The Contractor indemnifies the Principal against all liabilities which may be imposed under or, which may arise out of enforcement of any sections of the Act or Regulations.

First Aid Officer

The Contractor shall have on site during the working hours, a First Aid Officer who shall hold qualifications in accordance with the Advisory Standard for First Aid. The First Aid Officer shall have a comprehensive first aid kit with all necessary equipment and supplies relevant to the numbers of staff on site at any given time.

Reporting

Where the Contractor in its capacity as Principal Contractor under the Act is required to author any document, notice or report to Work, Health and Safety under the Act, a copy of such document shall simultaneously be forwarded to the Superintendent. The Contractor must notify the Superintendent of every work-caused illness or work injury and of every dangerous event and serious bodily injury which occurs on the site as soon as possible but not later than 12 hours after such occurrence.

Safety Plan

The Contractor shall prepare and submit its Safety Plan as part of the Project Management Plan for a direction as to its suitability, in accordance with Clause 8.4 of the General Conditions of Contract.

No work shall commence on site prior to acceptance of the Safety Plan by the Superintendent. The Safety Plan shall be in accordance with the requirements of the Act and subordinate legislation and shall include, without limitation, the following components:

Principal contractor’s administrative details (including ABN).

occupational health and safety policy.

responsibilities and accountabilities.

notifications and registrations.

plant and equipment and their controls.

emergency planning.

consultative processes.

prescribed and restricted occupations.

hazardous substance and dangerous goods management.

hazard identification, risk evaluation, control and monitoring.

training (including process for induction).


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subcontractor controls.

accident reporting, recording, investigation and analysis.

site safety rules.

work method statements for high risk activities.

safe housekeeping practices.

amenities.

public safety.

safety inspections and audits; and

the requirements of the “Manual of Uniform Traffic Control Devices” for working with traffic.

The Contractor shall implement and maintain the Safety Plan while carrying out the work under the Contract. A copy of any amendments to the Safety Plan shall be submitted to the Superintendent within 7 days after the date of such amendments.

Nothing contained in this section shall in any way limit or exclude any of the Contractor’s obligations or liabilities under the Contract.

2.8 Quality

The Contractor shall prepare and submit its Quality Plan as part of the Project Management Plan for a direction as to its suitability, in accordance with Clause 8.4 of the General Conditions of Contract.

No work shall commence on site prior to acceptance of the Quality Plan by the Superintendent. The Quality Plan shall include, without limitation, the following components:

Testing Plan

Inspection Plan

Materials quality information and warranty if applicable

Certification of all tests and inspections

Submissions Required from Contractor

All submissions required under this Specification must be made to the Superintendent. The Contractor shall provide the general Contract documentation as detailed in the Quality Plan. Submissions are all documents, materials and drawings required by this Specification.

Hold Point Inspections

The Contractor shall give the Superintendent a minimum of forty-eight (48) hours’ notice, during business days, when the works are ready for inspection as required by various sections of the technical specification, design drawings and the building approval conditions. The Contractor shall provide the Superintendent with a detailed list of all items checked by the Contractor and found to be in accordance with the contract documents a minimum of 24 hours before inspection. This requirement is made to ensure all sub-contract work is inspected by the contractor prior to inspection by the Superintendent.


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The Contractor is to ensure that records of those completed inspections are kept and submitted to the Superintendent with the relevant progress claim.

Satisfactory inspections and approval by the Superintendent will be a prerequisite to advancing onto subsequent stages of construction.

Quality of Materials and Workmanship

All materials shall be new, except where existing equipment is specifically required to be reused, and of the best quality and of the class most suitable for working under the conditions specified. Further, they shall withstand the variations of atmospheric conditions arising under working conditions without distortion or deterioration or the setting up of undue stresses in any part, and also without affecting the strength and suitability of the various parts for the work that they have to perform. No repair of defective parts will be permitted without the written approval of the Superintendent.

All work shall be carried out and completed in a neat and workmanlike manner to the approval of the Superintendent.

2.9 Practical Completion Inspection

Prior to the Practical Completion inspection, the Contractor shall arrange for all gravel roads to be graded, all concrete pads swept and all drainage systems to be cleaned and costs shall be included in the Tender Lump Sum.

The maintenance period is commenced by a successful Practical Completion inspection with attendance from the:

North Burnett Regional Council.

Superintendent.

Contractor.

The general requirements to be met prior to the Superintendents acceptance of the works as Practical Complete are as follows:

the site is clean, tidy, free of rubbish, rocks, sticks, unauthorised stockpiles, etc.

bulk earthworks and site grading to be free draining and in accordance with the approved design.

sediment and erosion control works in place to the satisfaction of the Superintendent.

As-Constructed submission lodged for approval seven (7) days prior to Practical Completion meeting.

2.10 As-Constructed Data, Compliance/Certificates

As-Constructed drawings are required for:

Site layout including signage type and location

All concrete and masonry block work

As-Constructed surveys and preparation of the As-Constructed documentation shall be the responsibility of the contractor. The Contractor shall engage a Registered Surveyor to prepare the As-Constructed documentation and to certify that the survey information contained thereon


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represents the true and accurate location of the relevant construction element presented in the data.

The As-Constructed documentation shall contain sufficient details and be in the required format to satisfy the requirements of the North Burnett Regional Council including supply of information in a format compatible with the Council Asset Management System.

2.11 Defects Liability Inspection

At the end of 12 months from Practical Completion approval date, a Defects Liability inspection is to be arranged with the Superintendent.

The inspection is to be attended by:

North Burnett Regional Council.

the Superintendent.

the Contractor.

During the 12 month defects liability period, it is the responsibility of the Contractor to rectify any works found to be defective or found to exhibit faults attributed to the performance of the construction activities in terms of quality and conformance with the design and specifications.

At completion of defects liability period and prior to the Superintendent’s inspection the Contractor shall arrange for all gravel roads to be graded, concrete pads swept and all drainage systems to be cleaned and costs shall be included in the Tender Lump Sum.

All costs for defects rectifications as well as attendance at the Defects Liability inspection are to be allowed for by the Contractor in his tender prices.

2.12 Community Liaison

The Council will relay all information regarding construction program and alterations required to normal operating times to the public through its normal media outlets.

The Contractor shall appoint a representative to act as the primary contact for all information flow to and from the Superintendent or a nominated Council representative during the construction period.

In general, the Contractor shall be responsible for ensuring that the Council is kept informed of potential delays, disruptions and changes to access arrangements or services. The Contractor’s appointed representative will be required to actively engage with Council to minimise any potential impacts and to best accommodate community needs during construction.

All costs incurred by the Contractor for liaison with shall be included in the lump sum item in the schedule.

A Communications Plan detailing disruption to normal services should be submitted to Council at least two (2) weeks prior to commencement of work at each construction site.


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2.13 Environmental Management

The Contractor shall at all times comply with the Environmental Protection Act 1994 and Council’s Environmental authority EPPR00453513 relative to each site as well as any other relevant legislation. The Contractor shall implement and maintain measures to preserve and protect the natural environment on and adjacent to the Site.

The Contractor shall prepare and submit its Environmental Management Plan as part of the Project Management Plan to the Superintendent for a direction as to its suitability, in accordance with Clause 8.4 of the General Conditions of Contract. The Contractor shall implement and maintain the Environmental Management Plan while carrying out the work under the Contract.

No work shall commence on site prior to acceptance of the Environmental Management Plan by the Superintendent.

2.14 Traffic Management

The Contractor shall be responsible for the safe and orderly passage of vehicular and pedestrian traffic through and around the site at all times from the commencement of work on the site to the date of Practical Completion.

Traffic Management Plan

The Contractor shall prepare and submit its Traffic Management Plan as part of the Project Management Plan to the Superintendent for a direction as to its suitability, in accordance with Clause 8.4 of the General Conditions of Contract.

The Traffic Management Plan will include the public ingress and egress routes to temporary dumping sites as may be required to be constructed as part of this project.

The Plan shall also be consistent with the Manual of Uniform Traffic Control Devices (latest edition) for any works that impact the adjacent public thoroughfares at each site.

The Contractor shall implement, monitor and update its Traffic Management Plan during the Contract and shall, within 7 days of its amendment, submit a copy of the Plan to the Superintendent.

No work shall commence on site prior to acceptance of the Traffic Management Plan by the Superintendent.

Should the Contractor consider requirements of the MUTCD to be too onerous or inappropriate for the works to be undertaken, the Contractor may submit alternatives within their Traffic Management Plan. Where Traffic Management Plans do not comply with the MUTCD, the Contractor shall undertake a risk assessment in accordance with the MUTCD to ascertain and mitigate potential risks and hazards.

Restrictions to Traffic

Restrictions to the passage of vehicular traffic through the site shall be subject to any limiting requirements ordered by the local government authority.

Notification of Traffic Changes

The Contractor shall give the Superintendent a minimum of 14 days written notice of changes in traffic movements necessary for the performance of work under the Contract.


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2.15 Construction Management

Further to the provisions of Clause 33.2 of the General Conditions of Contract the Contractor shall prepare and submit as part of the Project Management Plan a detail GANTT chart showing the order and anticipated completion date of various parts of the work at each site. Completion of each stage shall be clearly marked.

No work shall commence on-site prior to acceptance of the Construction Program by the Superintendent.

The Contractor shall indicate in the Construction Program the number of hours to be worked in a normal working day and the number of working days in a week.

Public access to the landfill must be maintained as closely as possible to the current operating hours. If the operating landfill is required to be closed this is not to occur at weekends and must not be greater than three days duration. Any closure should be clearly indicated on the program.

The Contractor shall generally adhere to the submitted program during the construction phase or submit a revised program to the Superintendent for approval as soon as the Contractor is aware that the program will change or if directed by the Superintendent.

The Contractor shall meet all costs incurred by the Superintendent that result from delays in completing the works according to the program attributable to acts or omissions on the part the Contractor. These costs may be deducted from any payments due to the Contractor.

Inclement weather and the effects of inclement weather where the amount of inclement weather is that normally expected during the construction period in this case assessed to be five 5 days. EOTs will only be considered for inclement weather in excess of this amount.

2.16 Site Facilities

The Contractor shall provide statutory and necessary amenities and sanitary facilities for workers and other persons lawfully on the site and remove them on completion of works. The location of establishment of the Contractor's site facilities shall be to the approval of the Superintendent.

The Contractor shall make all arrangements and pay all charges in connection therewith, for any temporary services that may be required for the execution of all works under this Contract.

2.17 Demolition

Demolition of existing pipes, culverts, conduits, road furniture, street lighting, electrical components, drainage pits, unsuitable materials and pavements may be required.

The Contractor shall completely remove all components and dispose of on-site if appropriate after volume assessment and approval of the Superintendent. Costs associated with disposal of all materials on-site shall be borne by the Contractor and will be at Council’s standard dumping charges unless otherwise approved.

2.18 Temporary Works and Fencing

The Contractor will be required to complete any works necessary to allow the continued use of each landfill site until practical completion of the Transfer Station. Restoration of these works if necessary, including relocation of material will also be the responsibility of the contractor.

The temporary works includes all temporary and security fencing which shall be provided and maintained by the Contractor. This fencing shall provide adequate temporary security around the construction site, site office and any storage/compound areas.


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The Project Management Plan should include layouts of any temporary works required at each site in accordance with the supplied design drawings.

The cost of temporary works should be allowed for in the Tendered price.


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APPENDIX A

Biggenden Design Drawings and Geotechnical Reports

DRAWING LIST

Site Plans

B-100 Rev A EXISTING SITE PLAN

B-200 Rev A CONCEPT PLAN

B-201 Rev A RESOURCE RECOVERY PLAN

B-202 Rev A SERVICES PLAN

Roadworks

B-300 Rev A ROAD SETOUT PLAN SHEET 1 OF 2

B-301 Rev A ROAD SETOUT PLAN SHEET 2 OF 2

B-302 Rev A SITE ENTRY PLAN

B-400 Rev A LONG SECTIONS SHEET 1 OF 2

B-401 Rev A LONG SECTIONS SHEET 2 OF 2

B-500 Rev A EARTHWORKS PLAN

B-501 Rev A TEMPORARY WORKS PLAN

Stormwater

B-600 Rev A STORMWATER PLAN

B-601 Rev A STORMWATER CATCHMENTS

B-602 Rev A STORMWATER DETAILS

Vehicle Tracking

B-700 Rev A VEHICLE TRACKING PATHS

Signage

B-800 Rev A SIGNAGE PLAN

Structural

B-900 Rev A RETAINING WALL SITE LAYOUT PLAN

B-901 Rev A RETAINING WALL LAYOUT PLAN

B-902 Rev A RETAINING WALL BOTTOM REO LAYOUT PLAN

B-903 Rev A RETAINING WALL TOP REO LAYOUT PLAN

B-904 Rev A RETAINING WALL ELEVATIONS

B-905 Rev A RETAINING WALL CROSS SECTIONS

B-906 Rev A RETAINING WALL DETAIL SHEET 1 OF 2

B-907 Rev A RETAINING WALL DETAIL SHEET 2 OF 2

B-908 Rev A RETAINING WALL PIER AND BEAM DETAILS

The Biggenden design drawings and geotechnical report can be downloaded from:

https://drive.google.com/drive/folders/1k55Bjve9isE9hTqGXwGy-4gMcaUzKXQD?usp=sharing

https://drive.google.com/drive/folders/1k55Bjve9isE9hTqGXwGy-4gMcaUzKXQD?usp=sharing


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APPENDIX B

Eidsvold Design Drawings and Geotechnical Reports

DRAWING LIST

Site Plans

E-100 Rev A EXISTING SITE PLAN

E-200 Rev A CONCEPT PLAN

E-201 Rev A RESOURCE RECOVERY PLAN

E-202 Rev A SERVICES PLAN

Roadworks

E-300 Rev A ROAD SETOUT PLAN

E-301 Rev A SITE ENTRY PLAN

E-400 Rev A LONG SECTIONS

E-401 Rev A STORMWATER DRAINAGE LONGITUDINAL SECTIONS

E-500 Rev A EARTHWORKS PLAN

E-501 Rev A TEMPORARY WORKS PLAN

Stormwater

E-600 Rev A STORMWATER PLAN

E-601 Rev A STORMWATER CATCHMENTS

E-602 Rev A STORMWATER DETAILS

Vehicle Tracking

E-700 Rev A VEHICLE TRACKING PATHS

Signage

E-800 Rev A SIGNAGE PLAN

Structural

E-900 Rev A RETAINING WALL SITE LAYOUT PLAN

E-901 Rev A RETAINING WALL LAYOUT PLAN

E-902 Rev A RETAINING WALL ELEVATIONS

E-903 Rev A RETAINING WALL CROSS SECTIONS

E-904 Rev A RETAINING WALL DETAIL SHEET 1 OF 2

E-905 Rev A RETAINING WALL DETAIL SHEET 2 OF 2

The Eidsvold design drawings and geotechnical report can be downloaded from:

https://drive.google.com/open?id=1_cj2YamWIKi-kh8Mckhh-C5tJ7Z641Km

https://drive.google.com/open?id=1_cj2YamWIKi-kh8Mckhh-C5tJ7Z641Km


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APPENDIX C

Gayndah Design Drawings and Geotechnical Reports

DRAWING LIST

Site Plans

G-100 Rev A EXISTING SITE PLAN

G-200 Rev A CONCEPT PLAN

G-201 Rev A RESOURCE RECOVERY PLAN

G-202 Rev A SERVICES PLAN

Roadworks

G-300 Rev A ROAD SETOUT PLAN

G-301 Rev A SITE ENTRY PLAN

G-400 Rev A LONG SECTIONS

G-401 Rev A STORMWATER DRAINAGE LONGITUDINAL SECTIONS

G-500 Rev A EARTHWORKS PLAN

G-501 Rev A TEMPORARY WORKS PLAN

Stormwater

G-600 Rev A STORMWATER PLAN

G-601 Rev A STORMWATER CATCHMENTS

G-602 Rev A STORMWATER DETAILS

Vehicle Tracking

G-700 Rev A VEHICLE TRACKING PATHS

Signage

G-800 Rev A SIGNAGE PLAN

Structural

G-900 Rev A RETAINING WALL PLAN

G-901 Rev A RETAINING WALL LAYOUT PLAN

G-902 Rev A RETAINING WALL BOTTOM REO LAYOUT PLAN

G-903 Rev A RETAINING WALL TOP REO LAYOUT PLAN

G-904 Rev A RETAINING WALL ELEVATIONS

G-905 Rev A RETAINING WALL CROSS SECTIONS

G-906 Rev A RETAINING WALL DETAIL

G-907 Rev A RETAINING WALL AND PIER DETAIL

G-908 Rev A RETAINING WALL PIER AND BEAM DETAIL

The Gayndah design drawings and geotechnical report can be downloaded from:

https://drive.google.com/drive/folders/1AiKd1F5FpLyD3-EYtgyXGWiebfObyhP_?usp=sharing

https://drive.google.com/drive/folders/1AiKd1F5FpLyD3-EYtgyXGWiebfObyhP_?usp=sharing


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APPENDIX D

Monto Drawings and Geotechnical Reports

DRAWING LIST

Site Plans

M-100 Rev A EXISTING SITE PLAN

M-200 Rev A CONCEPT PLAN OVERVIEW

M-201 Rev A CONCEPT PLAN

M-202 Rev A RESOURCE RECOVERY PLAN

M-203 Rev A SERVICES PLAN

Roadworks

M-300 Rev A ROAD SETOUT PLAN SHEET 1 OF 2

M-301 Rev A ROAD SETOUT PLAN SHEET 2 OF 2

M-302 Rev A SITE ENTRY PLAN

M-400 Rev A LONG SECTIONS SHEET 1 OF 2

M-401 Rev A LONG SECTIONS SHEET 2 OF 2

M-500 Rev A EARTHWORKS PLAN

M-501 Rev A TEMPORARY WORKS PLAN

Stormwater

M-600 Rev A STORMWATER PLAN

M-601 Rev A STORMWATER CATCHMENTS

M-602 Rev A STORMWATER DETAILS

Vehicle Tracking

M-700 Rev A VEHICLE TRACKING PATHS

Signage

M-800 Rev A SIGNAGE PLAN

Structural

M-900 Rev A RETAINING WALL SITE LAYOUT PLAN

M-901 Rev A RETAINING WALL LAYOUT PLAN

M-902 Rev A RETAINING WALL ELEVATIONS

M-903 Rev A RETAINING WALL CROSS SECTIONS

M-904 Rev A RETAINING WALL DETAIL SHEET 1 OF 2

M-905 Rev A RETAINING WALL DETAIL SHEET 2 OF 2

The Monto design drawings and geotechnical report can be downloaded from:

https://drive.google.com/open?id=1sFKMji-tO_SR2vx28kcV-jpROPUWXQIy

https://drive.google.com/open?id=1sFKMji-tO_SR2vx28kcV-jpROPUWXQIy


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APPENDIX E

Building Approvals


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APPENDIX F

NBRC Standard Access and Floodway Drawings


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APPENDIX G

Environmental Permit


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for


Request for Tender

TENDER NO: 2914_2019-20_TTB_31






Project Specialist

NBRC




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CONTENTS

PART 5 – CONDITIONS OF CONTRACT

1. AS 2124 – 1992 GENERAL CONDITIONS OF CONTRACT ............................................ 3

2. PART A ANNEXURE TO AS 2124 – 1992 GENERAL CONDITIONS OF CONTRACT ................ 4

3. PART B ANNEXURE TO AS 2124 – 1992 GENERAL CONDITIONS OF CONTRACT ................ 6

4. AS 2127 – 1992 FORMAL INSTRUMENT OF AGREEMENT ......................................... 11

Part 5 Conditions of Contract Request for Tender for NBRC Multi-Site Waste Transfer Station Construction

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1. AS 2124 – 1992 GENERAL CONDITIONS OF CONTRACT

The Tenderer shall obtain its own copy of AS 2124-1992


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2. PART A ANNEXURE TO AS 2124 – 1992 GENERAL CONDITIONS OF CONTRACT

ANNEXURE to the Australian Standard

General Conditions of Contract PART A This Annexure has been issued as part of the tender documents and is to be attached to the General Conditions of Contract and shall be read as part of the Contract.

The law applicable is that of the State or Territory of: (Clause 1)

Queensland

Payments under the Contract shall be made at: (Clause 1) Gayndah

The Principal: (Clause 2) North Burnett Regional Council

The Principals ABN: 72 427 835 198

The address of the Principal: 34-36 Capper Street, Gayndah Qld 4625

The mailing address of the Principal: PO Box 390, Gayndah Qld 4625

The Superintendent: (Clause 2) North Burnett Regional Council

The mailing address of the Superintendent: PO Box 390, Gayndah Qld 4625

Limits of accuracy applying to quantities for which the Principal accepted a lump sum price: (Clause 3.3(a))

For all works items or activities, the limits of accuracy are 5 % on stated quantities.

Bill of Quantities-the alternative applying: (Clause 4.1) Alternative 2

# Contractor shall provide security in the amount of: (Clause 5.2)

Provide 2 bank guarantees for 2.5 percent each (5% total) of the total contract value,

1 returned at practical completion,

the other returned at the satisfactory completion of the defect’s liability period.

# Principal shall provide security in the amount of: (Clause 5.2)

Nil

# The period of notice required of a party's intention to have recourse to retention monies and/or to convert security: (Clause 5.5)

Five (5) days

The percentage to which the entitlement to security and retention

monies is reduced: (Clause 5.7)

Fifty (50%) percent (1 bank guarantee returned)

Interest on retention monies and security-the alternative

applying: (Clause 5.9)

Alternative Two (2)

The number of copies to be supplied by the Principal: (Clause 8.3)

One (1) electronic version

The number of copies to be supplied by the Contractor: (Clause 8.4)

One (1) electronic version

The time within which the Superintendent must give a direction as to the suitability and return the Contractor's copies: (Clause 8.4)

Fourteen (14) days

Work which cannot be subcontracted without approval: (Clause 9.2)

The whole of the works

The percentage for profit and attendance: (Clause 11(b)) Nil

The amount or percentage for profit and attendance: (Clause 11(c))

Nil

Insurance of the Works-the alternative applying: Alternative One (1i)


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(Clause 18)

The assessment for insurance purposes of the costs of

demolition and removal of debris: (Clause 18(ii))

Nil

The assessment for insurance purposes of consultants'

fees: (Clause 18(iii))

Nil

The value of materials to be supplied by the Principal: (Clause 18(iv))

Nil

The additional amount or percentage: (Clause 18(v)) Nil

Public Liability Insurance-the alternative applying: (Clause 19)

Alternative One (1)

The amount of Public Liability Insurance shall be

not less than: (Clause 19)

$20,000,000 any one occurrence

The time for giving possession of the first Site: (Clause 27.1)

Fourteen (14) days from date of submission of Contractor’s documents as per Clause 8.4

# The Date for Practical Completion: (Clause 35.2) 30 March 2021

# Liquidated Damages per day: (Clause 35.6) $720

# Limit of Liquidated Damages: (Clause 35.7) No limit

# Bonus per day for early Practical Completion: (Clause 35.8)

Not applicable

# Limit of bonus: (Clause 35.8) Not applicable

# Extra costs for Delay or Disruption: (Clause 36) Nil

# The Defects Liability Period: (Clause 37) 1 calendar year

The charge for overheads, profit, etc. for Daywork:

(Clause 41(f))

Nil

Times for payment claims: (Clause 42.1) Monthly on date to be advised by Principal

Unfixed plant and materials for which payment claims may be made notwithstanding that they are not incorporated in the Works: (Clause 42.1(ii))

Alternative three (3)

Retention Monies on: (Clause 42.3) Five (5) percent of the value of the claim

Unfixed Plant or Materials-the alternative applying: (Clause 42.4)

Alternative three (3)

The rate of interest on overdue payments: (Clause 42.9) Australian Bank Bill Swamp Rate as published at www.afma.com.au/data/bbsw.html

The delay in giving possession of the Site which shall be

a substantial breach: (Clause 44.7c)

Two (2) weeks

The alternative required in proceeding with dispute resolution: (Clause 47.2)

Alternative Two (2)

The person to nominate an arbitrator: (Clause 47.3) Chairman of Institution of Engineers, Australia, Queensland Division

# Where there are Separable Portions these items are left blank and a separate tabulation provided.

http://www.afma.com.au/data/bbsw.html


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3. PART B ANNEXURE to AS 2124 – 1992 GENERAL CONDITIONS OF CONTRACT

In this Annexure, the different styles of type signify:

1. Retained text: light type ie shall be deducted from; 2. Deleted text: light type ruled out ie shall be deducted from; 3. Added text: bold type ie. shall be deducted from

1. The following Clauses have been deleted from the General Conditions in AS 2124-1992

35.3 SEPARABLE PORTIONS

Delete in entirety.

2. The following Clauses have been amended and differ from corresponding clauses in AS 2124-1992

5.4 TIME FOR LODGEMENT OF SECURITY

Security shall be lodged within 28 14 days of the Date of Acceptance of Tender. Failure to lodge security

within that period shall be a substantial breach of Contract within the meaning of Clause 44.

7. SERVICE OF NOTICES

Add sentence at the end of clause 7

“A notice and other documents shall be deemed to have been given and received in the case of email,

when delivered to a system from which the addressee can retrieve it.”

3. The following Clauses have been added to those of AS 2124-1992

49. BUILDING AND CONSTRUCTION INDUSTRY PAYMENTS ACT

49.1 BCIPA Claims

The Contractor must:

(a) when it gives to the Principal any claim or notice under the Building and Construction Industry Payments Act 2004 (QLD) (“the BCIPA)”, at the same time give a copy of that claim or notice to the Superintendent;

(b) when it receives a claim or notice under the BCIPA from any third party (including any subcontractor), immediately give a copy of the claim or notice to both the Principal and the Superintendent.

The Superintendent is authorised by the Principal to prepare and serve payment schedules pursuant to

section 18 of the BCIPA on behalf of the Principal in respect of any payment claim made to the Principal

under the BCIPA (without affecting the Principal’s right to issue a payment schedule itself).

ANNEXURE to the Australian Standard

General Conditions of Contract PART B Note: This table is intended for easy reference to clauses that may be deleted, am ended or

added to Australian Standard 2124-1992 and shall be read as part of the Contract.


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If the Contractor makes a payment claim under the BCIPA and subsequently applies for adjudication the

parties agree:-

(a) the nominating authority for the purposes of section 21(3)(b) of the BCIPA is the Queensland Law Society; and

(b) any amount determined to be owing by the Principal to the Contractor by way of adjudication decision made under the BCIPA shall be due for payment within fourteen (14) business days of the parties receiving the decision; and (c) where the Contractor has not first attempted to resolve the disputed amount under clause 47 of this Contract, the Contractor shall indemnify the Principal for all costs associated with the adjudication including any adjudication fees and legal expenses on an indemnity basis and the amount shall be considered a debt due and owing by the Contractor to the Principal where the Superintendent may off-set such costs from the next claim that is made by the Contractor or where no further claim is to be made, the Principal may have recourse to the security for such costs.

If the Contractor suspends the whole or part of the work under the Contract pursuant to the BCIPA: (a) the suspension shall not affect the Date for Practical Completion but may be a ground for an extension of time under Clause 35.5. (b) subject to any payment owed under the BCIPA, the Principal shall not be liable for any costs, expenses, damages, losses or other liability or Claim whatsoever suffered or incurred by the Contractor as a result of the suspension.

49.2 Subcontractor Suspension

If the Principal becomes aware that a Subcontractor is entitled to suspend work (which forms part of the

Works) pursuant to the BCIPA, the Principal may (in its absolute discretion) pay the Subcontractor such

money that is or may be owing to the Subcontractor in respect of that work, and any amount paid by the

Principal shall be a debt due from the Contractor to the Principal.

49.3. Indemnity for Subcontractor Costs

The Contractor shall indemnify the Principal and its personnel against all damage, expense (including

lawyer’s fees and expenses on an indemnity basis), loss or liability of any nature suffered or incurred by

the Principal arising out of:

(a) a suspension by a Subcontractor of work which forms part of the Works pursuant to the BCIPA; and

(b) a failure by the Contractor to comply with its obligations under this Clause.

50. WORKPLACE HEALTH AND SAFETY

50.1 In this Clause 51, unless the context indicates otherwise: (a) the expressions "notifiable incident" and "workplace" have the meaning given in the Work Health and Safety Act 2011 ("the WHS Act"); (b) the expression "principal contractor" has the meaning given in the Work Health and Safety Regulation 2011 ("the WHS Regulation").

50.2 If the Site is a workplace for the purposes of the WHS Act, from the date of acceptance of the Tender

of the Contractor by the Principal until completion of the work under the Contract:

(a) the Principal engages the Contractor to act as the principal contractor for the purposes of section 293(2) of the WHS Regulation; and (b) the Principal authorises the Contractor to manage and control the workplace at which the Works are to be undertaken, and to discharge the duties of a principal contractor under chapter 6 of the WHS Regulation for the Works; and (c) the Contractor is deemed to have accepted the engagement in Clause 51.2(a); and (d) the Contractor is deemed to have accepted responsibility for the management and control of the workplace at which the Works are to be undertaken, and undertakes to discharge the duties of a principal contractor under Chapter 6 of the WHS Regulation for the Works; and (e) for the purposes of the execution and completion of the work under the Contract, the Contractor is responsible for performance of the functions of the principal contractor under each of the WHS Act and WHS Regulation. (f) the contractor shall attend to all applicable lodgements required and pay and indemnify and keep indemnified the Principal and its employees and agents against all fees, fines and other amounts becoming payable under or in connection with the Workplace Health and Safety Act 1995 or any other legislation relating to workplace health and safety (including in connection with its appointment as principal contractor; and


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Acknowledges that, notwithstanding any other provision of the Contract, that it shall have no Claim in

respect of any change in a Legislative Requirement relating to workplace health and safety, including any

new legislation which comes into force after the date of this Contract. 50.3 The engagement f the Contractor as the principal contractor under the WHS Regulation in accordance with Clause 51.2 continues for the period specified in Clause 51.2 unless revoked by the Principal. The Principal may revoke the engagement of the Contractor as the principal contractor under the WHS Act by giving reasonable written notice to the Contractor at any time. 50.4 The Contractor must indemnify and keep indemnified the Principal against all liabilities which may be imposed under, or which may arise out of, the enforcement of any provision of the WHS Act or the WHS Regulation.

50.5 If a notifiable incident occurs of or incidental to the execution or completion of the Works, the

Contractor must promptly give written notice of the occurrence of the event to the Principal.

50.6 If the Site is a workplace and more than one contractor is appointed by the Principal to undertake work at the Site at the same time, Clauses 51.2 to 51.4 inclusive do not apply.’.

51. INDUSTRIAL RELATIONS

The Contractor shall:

(a) ensure all employees (including employees of sub-contractors) carry out the Works are employed in accordance with any applicable industrial legislative requirement, award or agreement;

(b) actively manage and do all things necessary to avoid disputes or disturbance in industrial relations; and (c) upon request by the Principal, consult fully with the Principal in commencing any actual or potential industrial dispute or disturbance.

52. CULTURAL HERITAGE

The Contractor must comply with:

(a) all Legislative Requirements; and (b) any policies and procedures of the Principal concerning cultural heritage.

If any issue that might be considered of cultural significance or importance is identified during the performance of the Works the Contractor shall notify the Superintendent immediately. The Superintendent may direct activity to cease in the relevant vicinity. If the Superintendent directs cessation of work within any area: (a) the Contractor shall make every reasonable effort to continue the Works outside the relevant area. The Contractor shall cease work within the area and only resume activities in the area once directed to do so by the Superintendent; and

(b) the Contractor shall (upon request from the Superintendent) reschedule the Works and submit a Revised Construction Program showing how the remaining Works may be completed by the Date for Practical Completion due to the cessation of the activities in the relevant area.

The Contractor shall coordinate and liaise with any required cultural heritage monitors during the Works

for the purpose of fulfilling the cultural heritage obligations of the Principal. The Principal shall be

responsible for providing the cultural heritage monitors if required.

53. ENVIRONMENTAL

The Contractor shall:

(a) take all action necessary to protect and preserve the environment from harm or damage arising from and in connection with the carrying out of the Works;

(b) comply with all Legislative Requirements relating to the protection or preservation of the environment; (c) obtain all approvals or licences required and pay and indemnify the Principal against all fees, fines or other amounts payable under all environmental protection or preservation Legislative Requirements (including in connection with any applicable approvals or licences; and (d) to the maximum extent permitted by law, indemnify and keep indemnified the Principal and its employers and agents against any Claims in respect of making good environmental damage or in defending claims arising from or contributed to by: (i) acts or omissions of the Contractor, its employees, its sub-contractors or their employees (whether wilful, negligent or otherwise); (ii) breach by the Contractor of its obligations under this clause; or

(iii) the carrying out of the Works.


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54. INTELLECTUAL PROPERTY

The Contractor agrees to the extent permitted by law and where possible, to irrevocably assign to the

Principal any Intellectual Property rights related to or in connection with the Works which may vest with

the Contractor as a result of the Contractor performing the Works.

The Contractor warrants that it is entitled, or will be entitled at the relevant time, to deal with Intellectual

Property in relation to and in connection with the Works in the manner required by this Contract.

The Contractor indemnifies and shall keep the Principal and the Superintendent indemnified against any

Claim that may arise as a result of any breach by the Contractor of any third party’s Intellectual Property

rights.

For the purposes of this clause 55, ‘Intellectual Property rights’ means all copyright, patents and all rights

in relation to inventions, trademarks and designs or any rights to registration of such rights, whether

created before, on or after the date of the Contract.

55. MORAL RIGHTS

The Contractor must ensure that any person acting on its behalf whether an employee or subcontractor or

employee of a subcontractor consents to any acts or omissions of the Principal and the Superintendent

that might otherwise constitute an infringement of the individual’s Moral Rights ( as defined in Copyright

Act 1968 ) with respect to the Works and in connection with this Contract.

The Contractor indemnifies and shall keep the Principal and the Superintendent indemnified against any

Claim that may arise as a result of any infringement of an individual’s Moral Rights where the Contractor

has not taken reasonable steps to comply with this clause.

56. TERMINATION FOR CONVENIENCE

The Principal may at any time terminate the Contract for its convenience (including where there has been

no default or insolvency of the Contractor) by seven (7) days prior notice to the Contractor in which case

the Contractor shall, upon receipt of the notice:

(a) Cease carrying out the Works;

(b) If directed by the Principal to do so, assign or novate in favour of the Principal any sub-contracts or rights under any sub-contracts entered into or obtained by the Contractor in connection with the carrying out of the Works and terminate any other outstanding sub-contracts and recover from the sub-contractor any property, documentation, material or information of the Principal or Superintendent; (c) Deliver to the Principal any of the materials or Works which under the Contract have become the property of the Principal; and (d) Deliver to the Principal all property, documentation or information that the Principal provided to the Contractor in connection with carrying out the Works.

Upon termination of the Contract under this clause, the Contractor, subject to compliance with the requirements for making a progress claim under this Contract, will be entitled to be paid the following amounts as determined by the Superintendent:

(a) the unpaid value of the Work completed in accordance with the Contract prior to the date of

termination;

(b) the reasonable cost of goods or materials reasonably required by the Contractor and delivered to the

site and for which the Contractor is legally bound to pay and which the Contractor cannot otherwise

utilise, subject to clean title being transferred to the Principal.

The Contractor shall have no other Claim against the Principal for any overhead, loss of profits, expenses,

costs, damages, losses or other liabilities arising from and in connection to termination pursuant to this

clause

56.1 Any rights to the Principal arising from prior breaches of the Contract by the Contractor shall not be affected.

The rights and obligations (including warranties and indemnities) of the parties capable of taking effect after the expiration or termination of this Contract shall do so.

57. PORTABLE LONG SERVICE LEAVE

57.1 In this Clause 58, the expressions “approved form”, “authority”, “building and construction work” and “levy” have the meaning given in the Building and Construction Industry (Portable Long Service Leave) Act 1991 (“the BCI (PLSL) Act”) unless the context indicates otherwise.

57.2 If building and construction work is carried out under the Contract:


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(a) an approved form will be filed by the Principal with the authority or its agent; and

(b) the Contractor shall pay the authority or its agent the amount of levy at or before the time for its payment, in accordance with the requirements of Part 8 of the BCI (PLSL) Act. The amount of payment of the levy will be included within the Contractor’s rates submitted in the completed Tender Schedule.

58. ACKNOWLEDGEMENT OF SOURCE OF FUNDING AND CONFIDENTIALITY

58.1 The Contractor acknowledges that the Principal must acknowledge the source of funding

contribution for the execution of the Works as advised by the State of Queensland acting through the

Queensland Reconstruction Authority (“Authority”).

58.2 Council may erect on the Site, or permit to be erected on the Site, any sign about the

acknowledgement of the source of funding contribution for the execution of the Works as is:-

(a) permitted by law; and

(b) required by the Authority. 58.3 The Contractor acknowledges that Council is obliged not to disclose any confidential information belonging to the Authority except where: (a) it has obtained the Authority’s prior written approval; or

(b) disclosure is made in compliance with a lawful requirement and Council advises the Authority of the information provided.

58.4 The Contractor must make every reasonable effort to ensure that the Contractor’s employees, volunteers, agents and subcontractors are aware of and comply with the obligation identified in Clause 58.3.


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4. AS 2127 – 1992 FORMAL INSTRUMENT OF AGREEMENT

FORMAL INSTRUMENT OF AGREEMENT

FOR


CONTRACT NO: 2914_2019-20_TTB_31

AGREEMENT made the day of 2020

PARTIES North Burnett Regional Council ABN 23 439 388 197

Of 34-36 Capper Street, Gayndah in the State of Queensland 4625

(“the Principal”)

AND

Of

(the “Contractor”)

RECITALS:

The Principal is undertaking the Works as defined in the Contract to re-develop the current Biggenden, Eidsvold,

Gayndah and Monto landfill sites to waste transfer stations and resource recovery locations.

A. The Principal has agreed to engage the Contractor to carry out construction work in connection with the

project upon and subject to the terms and conditions set out in this Contract.

OPERATIVE PROVISIONS:

1 The Contractor must undertake all work under the Contract and otherwise perform all of its obligations in

accordance with this Contract.

2 The Principal must pay the Contractor the Contract Sum in accordance with the Contract.

3 This Contract is comprised of the following documents and in the case of any ambiguity, discrepancy or

inconsistency the documents will apply in the order of precedence as listed:

(a) This Formal Instrument of Agreement;

(b) Post Tender Correspondence

(c) The Contractor's Tender

(d) Notices to Tenderers (if any)

(e) The Drawings

(f) The Specification

(g) Standard Specifications / Standard Drawing Lists


RFT 2914_2019-20_TTB_31 pg. 12

(h) The Special Conditions of Contract (With Annexures and Amendments, if any)

(i) The General Conditions of Contract (With Annexures and Amendments, if any)

(j) The Conditions of Tendering

4. This Contract constitutes the entire, final and concluded agreement between the Parties. It supersedes any

previous arrangement, correspondence, tenders, representations, proposals, understandings and

communications, whether oral or in writing.

5. Any word or expression used in this Formal Instrument of Agreement has the same meaning as defined or

otherwise used in AS2124 – 1992 General Conditions of Contract.

PRINCIPAL

SIGNED SEALED AND DELIVERED by )

)

at on the )

day of 2020 )

in the presence of: )

Witness

CONTRACTOR

SIGNED SEALED AND DELIVERED by )

at on the )

day of 2020 )

in the presence of: )

Witness