ANNEXURE TO Australian Standard Minor Works Contract Conditions (Superintendent Administered) AS Part A

Transcription

1 ANNEXURE TO Australian Standard Minor Works Contract Conditions (Superintendent Administered) AS Part A This Annexure shall be completed and issued as part of tender documents and subject to any amendments to be incorporated into contract, is to be attached to these Minor works contract conditions and shall be read as part of the contract. Item 1 Principal (clause1) Central Land Council ABN Principal s Address PO Box 3321 Alice Springs NT 0871 T F (clause 1) ABN 4 s Address.. T. F.. 5 Superintendent (clause 1) Central Desert Regional Council ABN Superintendent s Address PO Box 2257 Alice Springs NT a) Date for practical completion (clause 1) OR Period of time for practical completion (clause 1) day of weeks after date of acceptance of tender. 8 s security a) Form of (clause 3) b) Amount or maximum percentage of contract sum (clause 3) c) If retention moneys, percentage of each payment certificate (clause 3) d) Time for provision (except for retention moneys) (clause 3) Retention moneys* / Bank Guarantee* (* delete one) 5% (if nothing stated, 5% of the contract sum) 10% (if nothing stated, 10%, until the limit in item 6(b)) Not Applicable within days after date of acceptance of tender Page D1

2 9 Amount of limit of indemnity for damage to other property of the Principal (subclause 10.1(a)) 10 The amount of contract works insurance cover (clause 11) 11 The amount of public liability insurance cover in respect of any one occurrence shall not be less than (clause 12) 12 The time for giving possession of the site to the (clause 17) A$10million Contract Sum in A$ (If nothing stated, the contract sum plus 20%) A$10million Within 28 calendar days after the date of acceptance of tender (If nothing stated, 14 days) 13 Liquidated damages (subclause 20.5) a) Rate b) Limit 14 Delay damages, rate (subclause 20.6) 15 Defects liability period (clause 21) $ per week (If nothing stated, there is no limit) $ per day (If nothing stated, as reasonably assessed by the Superintendent) 16 Weeks (If no period stated, 26 weeks) 16 Time for progress claims (subclause 23.1) on the last day of each month 17 The rate of interest on overdue payments (subclause 23.4) 12% per annum (If no rate stated, 18% per annum 18 Arbitration (sub-clause 27.3) (a) The person to nominate an arbitrator (b) Rules for arbitration... If nothing stated, Rules 5-18 of the Rules of the Institute of Arbitrators & Mediators Australia for the conduct of Commercial Arbitrations Page D2

3 ANNEXURE TO The Australian Standard Minor Works Contract Conditions (Superintendent administered) AS PART B Deletions, amendments and additions The following deletions, additions and amendments have been made to AS Clause 8 Protection Add the following: 8a Work Health and Safety The shall comply with all laws in respect of work health and safety act 2011 and shall ensure that its employees, agents, subcontractors and consultants comply in like manner. The shall implement, maintain and comply with a work health and safety management system. In addition the shall submit to the Principal, prior to commencing the WUC, a work health and safety management plan that demonstrates compliance with relevant legislation. The shall when requested by the Principal provide evidence of ongoing performance, including any audit, of the s work health and safety management system. This includes, but is not limited to, details of any near misses, incidents, injuries, damage to property, plant or the environment including any such events to the s employees, agents, subcontractors and consultants arising from the WUC. Where the is required by legislation to give notice of any such event to an appropriate authority, the must at the same time or as soon as practicable thereafter give a copy to the Principal. The acknowledges that parts of the Site may be in use by other persons during the conduct of the WUC and the shall keep and maintain those areas, including entry and egress to those areas, safe and without risk to health and safety of other persons having access to those areas. Failure by the to comply with any provision of this clause is taken to be a breach of the Contract. Where the is not conducting the WUC in compliance with the Contract, or in such a way as to endanger the health and safety of any person, or is likely to cause damage to plant or property, the Principal may suspend the WUC until such time as the satisfies the Principal that WUC will be resumed in accordance with the work health and safety legislation and the relevant Contract provisions. If the fails to rectify such breach for which the works have been suspended, or the s performance involves recurring breaches, the Principal may terminate the WUC, in whole in part, immediately and the Principal s liability will be limited to the payment for WUC performed and reasonable costs Page D3

4 incurred by the up to the time termination or an earlier suspension of WUC. Clause 10 Damage to persons and property other than WUC Delete the following: 10.2 The Principal shall indemnify the in respect of claims referred to in paragraph (d) of subclause 10.1 Clause 14 Insurance provisions Replace clause 14.1 with the following: 14.1 Proof of insurance Before the commences WUC and whenever requested in writing by the Principal, the shall provide satisfactory evidence of such insurances effected and maintained. Insurance shall not limit liabilities or obligation under other provisions of the Contract. Satisfactory evidence of insurance shall be Certificates of Currency of Insurance lodged with the Superintendent. Clause 20 Time and progress Delete the following clause Delay Damages For every day the subject of an Extension of Time (EOT) for a compensable cause and for which the gives the Superintendent a claim for delay damages, damages certified by the Superintendent in accordance with Item 14 shall be due and payable to the. Clause 23 Payment Amend the following clause: 23.2 Certificates Line 22, replace 21 days with 28 days. Clause 28 Goods and Services Tax Tendered rates and/or prices shall be inclusive of GST. Clause 29 Builders License Add the following The must be licensed in the Northern Territory of Australia by the Building Practitioners Board under the Building Act 2007 to carry out the WUC. Page D4

5 All WUC must be supervised by a registered Building Practitioner All plumbing Sub-s used by the must be licensed under the Plumbers and Drainers Licensing Board. All electrical Sub-s used by the must be licensed under the Electrical Workers and s Licensing Board. All the above licenses must be kept current until the completion of the contracted works. Clause 30 Commencement of Work The shall not be permitted to commence work on the site until satisfactory evidence has been provided to the Superintendent of: (a) Insurance cover taken out as specified in the schedule at Addendum A to AS Annexure Part A (b) The payment of Levies and Fees as specified in the schedule at Addendum A to AS Annexure Part A. Clause 31 Warranties 31.1 Warranties The must claim for and on behalf of the Principal, the benefit of any warranty applying to materials and products installed by the. Clause 32 Submission and format of Progress Claims 32.1 Delivery of progress claims All payment claims must be addressed and delivered to: Confidential, Central Land Council, PO Box 3321 Alice Springs, NT Progress claim format Any progress claim submitted under this contract shall be a Tax Invoice in accordance with A New Tax System Services Tax) Act The Principal is not obliged to make any payment under this Contract unless the has provided a complying Tax Invoice in respect of that payment. The shall provide the following information on each claim: Invoice number Page D5

6 Project name including location Claim Number & cumulative percentage of claim Value of work claimed Issue Date Progress claims must clearly state the percentage of and description of the stage of works being claimed in accordance with the lump sum price breakdown submitted or as amended by the Principal. Preliminaries (if applicable) shall be claimed progressively as a percentage of the total work completed or at a greater percentage where details to justify the claim are provided for assessment by the Principal Variation claims The shall submit separate progress claims for Contract Variation claims. The progress claims must display: Invoice number Project name including location Variation claim number Issue date 32.4 Original tax invoices The Principal shall only pay against originals tax invoices. Faxed or photocopied copies will not be processed Non-complying claims Any payment claim submitted by the that does not comply with all the requirements specified in this clause, will be returned to the and the will be required to submit a new payment claim dated at time of issue. Clause 33 Precedence Should any ambiguity, discrepancy or inconsistency exist in the Contract Documents then the order of precedence for this Contract shall be as per below: AS and Annexures A & B and Addenda Engineer s Reports (where issued) Specification Schedules Drawings (larger scale) Drawings (smaller scale) Clause 34 Notification & Site Inspections The is responsible for providing the notifications and confirmations as tabled in Addendum B to Annexure Part B. Page D6

7 The or nominee must be present at site inspections as tabled in Addendum C to Annexure Part B. Clause 35 Conduct The must ensure that the Conduct for Central Land Council s requirements advised to the by the Superintendent are adhered to by all staff and all Sub-s engaged during the period of the Contract. Clause 36 Jurisdiction 35.1 The laws in force in Northern Territory, including law with respect to capacity to contract and manner of performance, apply to this Contract The courts of Northern Territory have exclusive jurisdiction to determine any proceeding in relation to this Contract Any proceeding brought in a Federal Court must be instituted in the Alice Springs Registry of that Federal Court, and neither the Principal nor may apply to transfer any proceedings to another registry of the Federal Court. Page D7

8 ADDENDUM A ANNEXURE TO AS PART B INSURANCES, STATUTORY LEVIES & FEES Note: All s are advised to purchase a copy of AS from Standards Australia. INSURANCES & LEVIES DESCRIPTION BY Public & Product Liability Insurance Public Liability coverage as per Annexure Part A. Workcover Compensation and Employer s Liability Workcover Certificate of Registration (provide copy of certificate and evidence of levy payment) NT Build Portable Long Service Leave Levy (where applicable) Statutory Levy of 0.5% of estimated value of works including GST. Note : Levy is applicable to all works over A$200,000 (including GST) Principal FEES DESCRIPTION BY Department of Lands and Planning (as applicable) Building Certification Department of Health and Community Services Planning approval (as applicable) Building Certification and Certificate of Occupancy (as applicable) Notification of intent to install a Septic Tank outside of a Building Control Area (as applicable) Not applicable Principal Self certifying plumber Note: Unless otherwise stated all of the above charges, levies & fees will form part of the lump sum price of the tender and are payable by the. If a obtains payment exemption for any of the charges, levies or fees listed above the Principal reserves right to issue a credit variation to claim back the amount that would otherwise have been payable by the. Page D8

9 ADDENDUM B ANNEXURE TO AS PART B NOTIFICATION SCHEDULE ACTIVITY NOTICE CONTACT PERSONS Commencement on site 10 working days Superintendent 3 Weeks Inspection 5 working days Superintendent 6 Weeks Inspection 5 working days Superintendent Practical Completion 10 working days Superintendent ADDENDUM C ANNEXURE TO AS PART B SCHEDULE OF INSPECTIONS ACTIVITY Commencement on site 3 Weeks Inspection 3 Weeks Inspection Practical Completion REPRESENTATIVES Superintendent Superintendent Superintendent Superintendent Page D9

10 ADDENDUM D ANNEXURE TO AS PART B INSURANCE CERTIFICATE OF CURRENCY REQUIREMENTS Insured The description of the Insured should indicate that the company required to have insurance cover under the contract is included under the heading Insured. Class of Insurance This must be the type required under the contract between the parties. Companies or sole traders must have at least A$10 million Public and Product Liability cover or cover to the value stated in Annexure Part A. Business & Product Description The description of the Business should be noted in the Certificate of Currency as referenced in the policy that has been effected. You should ensure that the Business description in the policy represents the activities, being the subject matter of the contract. The description of Products should be noted in the Certificate of Currency as referenced in the policy that has been effected. You should ensure that the Products description in the policy represents the sourced products being the subject matter of the contract. Insurer/Broker The certificate may be issued be either the insurer (preferably) or the broker on their letterhead. Policy Number The certificate must state the insurance policy number Period of Insurance The insurance period should cover the period of the contract. Where the policy expires during the currency of the contract, the company will renew the policy and provide a copy of the current certificate. Limit of Liability This must be at least the amount stated in Annexure Part A Product and Public Liability for any one occurrence. Signature/Stamp The certificate must be signed by an officer of the insurer or broker on the appropriate letterhead and with the insurer s/brokers stamp displayed. Interested Party The Insurance Policy document and Certificate of Currency must list the Principal as an interested party. Note: Although these requirements have specific references to Public & Product Liability insurance the principles outlined are to be applied to Certificates for all other types of insurance, e.g. Construction Works insurance). Page D10