WEBSITE VERSION Request-Cost-Management-Services-Panel … · 1 Schedule 1 – Pre-Determined Fee ... REQUEST NO: 2011/210757-05 A.1 INTRODUCTION ... The Cost Management Services

Request REQUEST TITLE: Cost Management Services Panel 2011 – PANEL

REFRESH 09/2013

REQUEST NUMBER: 2011/210757- 05

CLOSING TIME: 2:30 PM on 17 September 2013 Perth, Western Australia

Submissions to be lodged at Tendering Services, Ground Floor, Optima Centre, 16 Parkland Road, Osborne Park WA 6017

ISSUED BY: Department of Finance - Building Management and Works on behalf of the Minister for Works

AMENDMENTS LOG

THIS LOG IS FOR INFORMATION PURPOSES ONLY AND DOES NOT FORM PART OF THE PROPOSAL BRIEF

DELETE PRIOR TO PRINTING THE FINAL DOCUMENT

NO. CLAUSE NUMBER AMENDMENT EFFECTIVE

DATE 1 Schedule 1 – Pre-

Determined Fee Scales

Refresh (Update December 2013) and Hourly Rate Fee Scale adjusted for CPI increase Sept 2012 to Sept 2013

19 Dec 2013

2 Schedule 1 – Pre-Determined Fee Scales

Hourly Fee Scale adjusted for CPI increase Sept 2013 to Sept 2014

19 Dec 2014

TABLE OF CONTENTS PART A – REQUEST NO: 2011/210757-05 ................................................................................ 5

A.1 INTRODUCTION .............................................................................................................. 5

A.1.1 BACKGROUND ......................................................................................................................... 5 A.1.2 SUBMISSION OF OFFER ......................................................................................................... 5 A.1.3 CONTACT PERSONS ............................................................................................................... 6

A.2 STRUCTURE OF THIS REQUEST ............................................................................... 7

A.3 OBJECTIVES OF THE PANEL ...................................................................................... 8

A.4 STATEMENT OF REQUIREMENTS .............................................................................. 8

A.5 PANEL APPOINTMENT PROCESS ................................................................................ 9

A.5.1 OVERVIEW ................................................................................................................................ 9 A.5.2 ASSESSMENT ........................................................................................................................... 9 A.5.3 PREQUALIFICATION REQUIREMENTS................................................................................... 9 A.5.4 WEIGHTED SELECTION CRITERIA ......................................................................................... 9

A.6 PANEL OPERATION ................................................................................................... 10

A.6.1 SELECTION AND ENGAGEMENT PROCESS ....................................................................... 10 A.6.2 CRITERIA FOR ALLOCATION OF WORK ............................................................................... 10 A.6.3 FEES & PRICE VARIATION .................................................................................................... 11 A.6.4 REGIONAL PROJECTS .......................................................................................................... 11 A.6.5 INDIGENOUS ENTERPRISE AND EMPLOYMENT TENDERING PREFERENCE POLICY ... 12

A.7 PERFORMANCE MANAGEMENT ............................................................................... 13

A.8 CHANGES IN CORPORATE CIRCUMSTANCES AND SPECIFIED PERSONNEL ... 13

A.9 PANEL COMPOSITION ................................................................................................ 13

A.10 TERMS AND CONDITIONS OF THE PANEL ................................................................... 13

A.10.1 DEFINITIONS ......................................................................................................................... 13 A.10.2 DISCRETION .......................................................................................................................... 15 A.10.3 PRINCIPAL’S RIGHTS ........................................................................................................... 15 A.10.4 CANCELLATION AND VARIATION ....................................................................................... 15 A.10.5 NO CLAIM ............................................................................................................................... 16 A.10.6 FURTHER INFORMATION..................................................................................................... 16 A.10.7 SUBMISSION OF OFFER ...................................................................................................... 16 A.10.8 AGREEMENT WITH REQUEST CONDITIONS ..................................................................... 16 A.10.9 AGREEMENT BY RESPONDENT ......................................................................................... 16 A.10.10 OFFER VALIDITY PERIOD ................................................................................................ 17 A.10.11 TERMS OF ENGAGEMENT ............................................................................................... 17 A.10.12 CONFIDENTIALITY ............................................................................................................ 17 A.10.13 CONFLICT OF INTEREST ................................................................................................. 18 A.10.14 OWNERSHIP / INTELLECTUAL PROPERTY .................................................................... 18 A.10.15 ADDENDA .......................................................................................................................... 19 A.10.16 DISCLOSURE OF INFORMATION .................................................................................... 19 A.10.17 GST/RECIPIENT CREATED TAX INVOICE AGREEMENT ............................................... 19 A.10.18 POLICIES / CODE OF PRACTICE & ETHICS .................................................................... 20

B. PART B - SPECIFICATION ............................................................................................... 21

B.1 SCOPE OF SERVICE ............................................................................................................... 21 B.2 GENERAL CONDITIONS OF CONTRACT ............................................................................... 30 B.3 SPECIAL CONDITIONS OF CONTRACT ................................................................................. 30 B.4 SAMPLE SCHEDULE OF DELIVERABLES ............................................................................. 37 B.5 SAMPLE ANNEXURE ............................................................................................................ 38

PART C- RESPONDENT'S OFFER .......................................................................................... 43

C.1 NOTE TO RESPONDENT ......................................................................................................... 43 C.2 IDENTITY OF RESPONDENT .................................................................................................. 43 C.3 CORPORATE STATUS: ........................................................................................................... 44 C.4 NOMINATE SERVICE DELIVERY AREA ................................................................................ 44 C.5 PRE-QUALIFICATION REQUIREMENTS ............................................................................... 44 C.6 WEIGHTED SELECTION CRITERIA ....................................................................................... 45 C.7 COMPLIANCE AND DISCLOSURE REQUIREMENTS ........................................................... 47 C.8 INSURANCE REQUIREMENTS .............................................................................................. 49 C.9 COST MANAGEMENT FIRM COMPOSITION ......................................................................... 50 C.10 RESPONDENT’S CLAIM FOR REGISTRATION AS A REGIONAL BUSINESS ...................... 50 C.11 RECIPIENT CREATED TAX INVOICE AGREEMENT ............................................................. 51 C.12 CLAIM FOR REGISTRATION FOR ABORIGINAL ENTERPRISE AND EMPLOYMENT

TENDERING PREFERENCE ................................................................................................................. 52 C.13 CONFIRMATION OF ATTACHMENTS .................................................................................... 53

SCHEDULE 1 – PRE-DETERMINED FEE SCALES ................................................................. 54

ATTACHMENT 1 - PROJECT COST PLANNING GUIDELINES FOR CONSULTANTS ......... 56

ATTACHMENT 2 - SCHEDULE OF W.A. GOVERNMENT AMENDMENTS TO AS 4122–2010 ................................................................................................................................................... 80

COPYRIGHT

Copyright in this document is reserved to the Crown in the right of the State of Western Australia. Reproduction is prohibited other than in accordance with copyright law or with the prior written consent of the Under Treasurer, Department of Finance or the Attorney General.

WEBSITE_VERSION_Request-Cost-Management-Services-Panel 18 12 2014.docxREVISION 2 December 2014 Page 5 of 94

PART A – REQUEST NO: 2011/210757-05

A.1 INTRODUCTION

A.1.1 BACKGROUND

The Department of Finance - Building Management and Works (BMW) provides a range of services to deliver the State Government's non-residential building program. BMW’s activities include construction of State Government buildings such as hospitals, schools and police stations, management of major State construction projects, maintenance contractors for Government buildings and the Government's office portfolio.

In December 2011, BMW established a Panel of consultants for the provision of cost management and cost planning services for projects up to a maximum $300,000 fee or $30million feeable value (Perth rates GST exclusive). Projects beyond these limits, and projects with specialised requirements, are advertised for open tender. The Panel also enables BMW to procure advisory services on an hourly rates basis up to a maximum $150,000 fee (GST exclusive).

The services required under this Panel are for maintenance or capital works construction projects in either metropolitan or regional Western Australia. Term The Panel operates for a minimum period of two (2) years, with BMW reserving the right to exercise up to three (3) extension options, each having a one year duration. Annual updates (refreshes) are advertised to invite new applications to the Panel and for existing Panel members to apply for Bill of Quantities. This Request is for the first refresh of the original Panel. A.1.2 SUBMISSION OF OFFER

A.1.2.1 The Respondent may submit the Offer by hand at: Tendering Services, Ground Floor Optima Centre, 16 Parkland Road, Osborne Park WA 6017.

A.1.2.2 The Respondent may submit the Offer by post at: Locked Bag 11, Osborne Park BC WA 6916.

If the Respondent submits the Offer by hand or by post, the Respondent must provide six copies, with one copy marked “original”, five unbound copies marked “copy” plus one compact disc copy.

A.1.2.3 The Respondent may submit the Offer by facsimile at: (08) 6551 2333. A compact disc copy is to be sent to the above Tendering Services address.


A.1.2.4 The Respondent may submit the Offer electronically by uploading at Tenders WA: www.tenders.wa.gov.au.

The Offer can only be submitted to www.tenders.wa.gov.au if the size of the Offer is equal to or less than 20 megabytes. The Respondent must be registered with Tenders WA to submit an offer electronically. The Respondent is encouraged to utilise the online assistance available on the Tenders WA website. For example, a demonstration tender can be used for practising tender downloads and uploads. Please allow sufficient time for the registration and submission of Offers through Tenders WA.

A.1.3 CONTACT PERSONS

Different enquiries can be best dealt with by the most appropriate contact, as shown below: CONTRACTUAL AND ROUTINE ENQUIRIES:

Name: Gaynor Boros

Title: Contract Development Manager

Telephone: (08) 6551 1790

E-mail: [email protected]

COST PLANNING TECHNICAL ENQUIRIES:

Name: Patrick Whelan

Title: A/Principal Project Manager

Telephone: (08) 6551 1992

E-mail: [email protected]

INFRASTRUCTURE DELIVERY TECHNICAL ENQUIRIES:

Name: Graeme Jackson

Title: Principal Project Manager

Telephone: (08) 6551 1848 E-mail: [email protected]


A.2 STRUCTURE OF THIS REQUEST

1. Part A of this document describes the Panel, the Panel appointment process, the operation of the Panel, the evaluation process for inclusion on the Panel, allocation of work through the Panel and the Panel terms and conditions.

2. Part B of this document describes the specification for the scope of services and the General and Special Conditions of Contract for application in specific project commissions.

3. Part C includes the various forms and declarations that must be submitted in the Respondent’s Offer to provide services through inclusion on the Panel.

4. Attachment 1 – Project Cost Planning Guidelines for Consultants.

This Request document is constituted by:

Bound into this volume:

Part A Request

Part B Specification

Part C Respondent’s Offer

Attachment 1 – Cost Planning Guide

Separate documents supplied by BMW:

Cost Plan Template (excel format) Addenda (if any) Supporting documents not supplied by BMW are available from: A. Standards Australia:

http://www.standards.org.au/

o AS 4122 - 2010 General Conditions of Contract for Consultants o AS 4120 - 1994 Code of Tendering; o AS 4121 - 1994 Code of Ethics and Procedures for the Selection of Consultants;

B. Department of Commerce: The National Code of Practice for the Construction Industry 1997 can be downloaded by clicking on the following link: http://www.deewr.gov.au/WorkplaceRelations/Policies/BuildingandConstruction/Documents/National_Code_of_Practice_ConstructionIndustry1997.pdf

C. Building Commission (WA): The new Building Act 2011 will reform the way building approvals are managed in Western Australia and will come into effect on 1 January 2012: http://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_12332_homepage.html


A.3 OBJECTIVES OF THE PANEL The Cost Management Services Panel has been developed to incorporate the service requirements of Building Management and Works in the planning, delivery and maintenance of Government’s non residential building program, in either metropolitan or regional Western Australia. The objectives of the Panel are to:

a). Enable new projects to be initiated quickly with prompt engagement of consultants from the Panel;

b). Reduce the time and effort required by BMW staff to establish contracts;

c). Provide a mechanism that assists BMW to achieve top quality service every time from the consultants it engages under the panels;

d). Reduce cost to consultants in tendering for projects; e). Demonstrate that BMW operates in accordance with good procurement

practice; and f). Achieve value for money.

A.4 STATEMENT OF REQUIREMENTS

Cost management and quantity surveying services shall be provided generally as listed under:

1. Brief Finalisation 2. Schematic Design 3. Design Development 4. Contract Documentation 5. Contract Administration to Practical Completion

The extent of a standard service for any individual contract derived from membership of the panel comprises cost planning services for a range of non residential building and infrastructure projects.

The ‘standard service’ excludes the measurement of mechanical and electrical work within the Bill of Quantities.

Refer Clause B.1 Scope of Services for details

A.4.1 BUILDING ACT 2011 (WA) New Western Australian building legislation has been passed and the Building Act 2011 (WA) will come into operation in January 2012. The Crown has not previously been required to produce formal evidence of compliance to the National Construction Code (NCC) and referenced standards; however BMW procedures will now require evidence of compliance to the NCC and will ensure delivery of the certification processes required under the new legislation. Refer to Clause B.3.21 for details.


A.5 PANEL APPOINTMENT PROCESS

A.5.1 OVERVIEW Respondents are invited to submit an Offer for the Cost Management Services Panel. Respondents are to complete Part C – Respondent’s Offer of this Request document. A.5.2 ASSESSMENT To proceed to assessment, Respondents must meet the Pre-Qualification Requirements described in clause A.5.3 of this Request. An evaluation committee will then proceed to assess proposals using the Weighted Selection Criteria, described in clause A.5.4. Fee scales for commissions that specify maximum lump-sum fees are calculated as a percentage of the construction value. The fees have been pre-determined by BMW and do not form part of the assessment process. Any firm that achieves an acceptable rating against the Selection Criteria may be appointed to the Panel. However, BMW reserves the right to select many or few firms from the panel to undertake work based on its assessment of performance of the consultant or in any way otherwise as it sees fit. A.5.3 PREQUALIFICATION REQUIREMENTS The Principal will not consider any Offer that does not meet all of the following Pre-Qualification Requirements. Respondents are required to:

Accept the pre-determined fee scales included in this Request and periodic

adjustments; and

Employ one or more key personnel who are eligible for membership of the Australian Institute of Quantity Surveyors (AIQS) associate (or equivalent) or higher classification membership.

A.5.4 WEIGHTED SELECTION CRITERIA Assessment of Offers will include evaluation of the Selection Criteria below.

Respondents must demonstrate their ability against each criterion to be considered for inclusion in the Panel: (i) Demonstrated Experience (35% Weighting) (ii) Specified Personnel (30% Weighting) (iii) Appreciation of Critical Issues, Risks and Government Processes (35%

Weighting)

Full details of the Selection Criteria are shown in Part C.6.


A.6 PANEL OPERATION A.6.1 SELECTION AND ENGAGEMENT PROCESS The selection of cost managers from the Cost Management Services Panel 2011 will generally operate as follows: 1. BMW will determine the scope of service required and estimate the Perth price

feeable value or hours required.

2. BMW Project Managers, having regard to the particular contract for service requirements, will review the relevant Panel and select a preferred Panel Member from the list according to the criteria outlined below, and determine an appropriate fee from the pre-determined fee scales.

3. BMW will advise the Panel Member’s Representative of the nature of the contract, the proposed scope of work, the proposed fee and seek information on the availability of the personnel nominated in the formation of the Panel for the relevant type of work.

4. If availability criteria are met and the proposed fee basis is accepted, BMW will issue a formal Letter of Commission to the Panel Member that includes a project scope and contract conditions, either by reference to the default Special Conditions of Contract clauses in this Request, or by issuing unique Special Conditions of Contract clauses in part or in whole.

5. For projects lacking scope definition BMW may authorise a selected Panel Member to undertake further investigations on an hourly rates basis prior to establishing a firm scope and Lump Sum Fee.

6. Once a contract is established, BMW will record the contract details and performance management on a database for consideration on future contracts.

A.6.2 CRITERIA FOR ALLOCATION OF WORK A BMW representative will select a preferred firm from the Panel by considering the following criteria: Expertise, experience and availability of nominated staff

Capability and capacity to undertake the work

Past performance of the Panel Member firm

Suitability to the particular project in terms of complexity and risk

Value of work received through the Panel relative to size of firm

Client agency requirements

Proximity to the project, in particular for regional projects.


A.6.3 FEES & PRICE VARIATION The pre-determined fee scales and hourly rates attached to this Request shall form the basis of any Commission (Schedule 1). The fee scales and hourly rates are fixed for the first year of the term. BMW will periodically review fee scales and hourly rates in accordance with market conditions. At its discretion, BMW may vary the fees in accordance with the Consumer Price Index (Consumer Price Index, Australia (Cat No 6401.0): 1 All Groups, Index Numbers – Perth).

A.6.4 REGIONAL PROJECTS BMW is aware that some cost management firms have a presence in regional areas. For projects in the regions requiring cost management services, and subject to other requirements specified in clause A.6.2, preference may be given to regional firms. Refer to Part C, clause C.10 Respondent’s Claim for Registration as a Regional Business. To receive a priority selection as a regional business under the selection criteria Respondent’s must comply with the following definition related to the Buy Local Policy. A.6.4.1 PERMANENT OPERATIONAL OFFICE A permanent operational office may be the Respondent’s bona fide principal place of business or may be a bona fide branch office of the Respondent’s principal place of business. BMW may request that the Respondent demonstrate the bona fides of the establishment. In doing so it may take into consideration, but is not necessarily limited to the following:

Is a permanent fixed establishment (not a post office box or temporary facility such as a site office or caravan);

Has been operational in the zone, as defined by the Buy Local Policy, and active in the local building and construction industry for a period of not less than (six) 6 months;

Will continue to remain operational and active in the local building and construction industry after the completion of the Contract;

Has established communication facilities such as telephones, fax machines etc (not only mobile phones);

Is resourced by at least one person who resides within the region, who is a permanent employee of the Respondent (not contract staff) and who has relevant building and construction qualifications and experience; and

Is marketed by the legal entity by way of corporate publications (letterheads), telephone directory listings, etc.


A.6.4.2 MANAGE THE CONTRACT FROM THE PERMANENT OPERATIONAL OFFICE

When considering whether the Contract will be managed from the Respondent’s permanent operational office within the prescribed distance, BMW may request that the Respondent demonstrate that the permanent employee(s) located in its regional permanent operational office will be actively involved in the day to day technical performance of the works under the Contract. This does not prohibit the Respondent from carrying out some of the works under the Contract from another office or by employees from other offices.

A.6.5 INDIGENOUS ENTERPRISE AND EMPLOYMENT TENDERING PREFERENCE POLICY

One of the key objectives in the State Government’s Indigenous Economic Development Strategy is to achieve a sustained increase in the level of supply of services to government by enterprises that employ, or are owned and operated by, Indigenous residents of Western Australia. Any increased access to service contracts by Indigenous owned and operated enterprises or by enterprises with a strategy for employing Indigenous people provides increased employment and economic opportunities for Indigenous Western Australians. To address this objective BMW’s Indigenous Enterprise & Employment Tendering Preference Policy applies to this tender to the extent specified herein.

Consultants pre-selected for the Cost Management Services Panel 2011 that comply with the requirements of the Department’s Indigenous Enterprise & Employment Preference Policy may be given priority for suitable projects.

Refer to clause C.1.12 Respondent’s Claim for Indigenous Enterprise and Employment Tendering Preference Form.

To receive consideration for a priority selection under the policy panel members must comply with the following definition related to the Indigenous Enterprise and Employment Tendering Preference Policy.

A.6.5.1 Definitions The term Indigenous Person means a person who is of Indigenous or Torres Strait Islander descent who identifies as such and is accepted as such by the community in which he or she lives or has lived.

The term Indigenous Enterprise means:

A sole trader, where the person is an Indigenous Person; or

A partnership or firm, where not less than 50% of the partners are Indigenous Persons; or

A corporation that has its registered and head offices in Western Australia, where Indigenous Persons own not less than 50% of the legal entity submitting the tender.


The term Indigenous Employer means any legal entity that employs an Indigenous Person, including an apprentice or a trainee.

The term Joint Venture with Indigenous Participation means a joint venture between any Indigenous Enterprise and non-Indigenous Enterprise where not less than 50% of the equity in the joint venture is owned by the Indigenous Enterprise.

A.7 PERFORMANCE MANAGEMENT From time to time throughout the currency of the Panel, BMW may assess the performance of the Panel Members against criteria such as achievement of time deadlines, cost control, quality of work, and overall experience in working with the Panel Member on the commission. BMW reserves the right to remove firms from the Panel in the event of unsatisfactory performance. BMW will also consider performance as unsatisfactory where a Panel Member firm accepts the Commission for a specific project and does not provide the Specified Personnel to the project.

A.8 CHANGES IN CORPORATE CIRCUMSTANCES AND SPECIFIED PERSONNEL

Panel Members will be required to notify BMW if there are any significant changes to their circumstances, such as corporate restructures, takeovers/mergers, change in ABN/ACN etc. A change to Specified Personnel of the firm and numbers of registered Cost Managers, including Associates and Partners, also requires notification to BMW.

A.9 PANEL COMPOSITION BMW reserves the right to limit the number of Panel Members it appoints to this Panel as it deems appropriate to meet its services requirements. BMW will review Panel membership on an annual basis and at its sole discretion may permit a refresh or rationalisation of Panel membership.

A.10 TERMS AND CONDITIONS OF THE PANEL

A.10.1 DEFINITIONS

In this Request:

Award Date means the Award Date stipulated in the Contract Particulars.

Annexure means any Annexure to the Contract Particulars.

BMW means Building Management and Works, Department of Finance.

Commission means an engagement to perform the Services for the Principal under the Panel on the terms set out in clause A.10.11.


Contract Particulars means:

(a) the Letter of Commission;

(b) the Offer;

(c) the Request, including any addenda; and

(d) the General Conditions.

General Conditions means AS 4122 (Australian Standard) - 2010 General Conditions of Contract for Consultants.

Letter of Commission means a letter of acceptance issued by the Principal to the Panel Member, under clause A.10.11 of the Panel Conditions, which specifies:

a) The Services to be performed by the Panel Member’s under the Commission;

b) The Terms of Engagement of the Commission; and

c) WA Government Amendments to the General Conditions or Special Conditions (if any); and

shall be considered the ‘Letter of Engagement’ for the purposes of the General Conditions.

Lump Sum Fee means the Lump Sum Fee calculated for a project by reference to Schedule 1 - Pre-Determined Fee Scales.

Offer means the offer submitted by the Respondent in response to the Request.

Panel means the Panel of Panel Members.

Panel Arrangement means the arrangement for the supply of Services by Panel Members to the Principal contained pursuant to the terms and conditions of this Request.

Panel Conditions means the terms and conditions of this Request.

Panel Member means a successful Respondent who has been appointed as a member of the Panel.

Principal means the Minister For Works being the body corporate created under Section 5 of the Public Works Act 1902 (WA).

Principal’s Representative means the nominated BMW project delivery manager.

Request means this Request Number 210757-5/11 Cost Management Services Panel 2011.

Respondent means the party submitting an Offer under this Request.

Services mean the services to be provided by the Panel Member under a Commission and which is described in the Letter of Commission.


Special Conditions of Contract means clause B.3 of this document.

Specified Personnel means experienced personnel, nominated by the Respondent, to be available for projects derived from the Panel.

Term means the initial term of the Panel Arrangement and includes any extension of that initial term.

Terms of Engagement means the terms of engagement referred to in clause A.10.11.

Value of Work means ten elevenths of the Lump Sum Fee (the GST-exclusive amount).

A.10.2 DISCRETION Where under this Panel Arrangement the Principal (or Principal’s Representative) has a right, power, discretion or other function (including to accept, agree, approve, comment on or reject any matter). The Principal (or Principal’s Representative) will be entitled to exercise that right, power, discretion or other function in its absolute discretion, unless the content otherwise expressly provides. A.10.3 PRINCIPAL’S RIGHTS The Principal reserves the right, without limiting any other rights which the Principal may have under the Panel Arrangement, and without giving any reason or prior notice to the Respondent, to: (a) Reject or refuse to consider or evaluate any Offer.

(b) Appoint as many Panel Members as it sees fit.

(c) Suspend or cancel the membership of any Panel Member by written notification. The period of suspension shall remain at the sole discretion of the Principal.

(d) Alter the composition of the Panel at any time during the operation of the Panel.

(e) Allocate work and award contracts based on an assessment of the varying capability and capacity of the Panel Members from time to time.

(f) Allocate nil, any or all work under this Panel to any particular Panel Member.

A.10.4 CANCELLATION AND VARIATION The Principal reserves the right, at any time and from time to time, to cancel, vary, supplement, supersede or replace the Request or any part of the Request by giving Panel Members or Respondents (as the case may be) timely written notification.


A.10.5 NO CLAIM To the extent permitted by law, the Respondent will have no claim against the Principal arising from or in connection with the exercise or failure to exercise the Principal’s rights under this Request. A.10.6 FURTHER INFORMATION After the submission of an Offer, the Principal may: (a) Request additional information from the Respondent in relation to the content of

the Offer for the sole purpose of clarifying the Offer; and

(b) Request information from the Respondent regarding the financial capacity of the Respondent.

If the Principal makes a request for further information, the Respondent or Panel Member (as the case may be) must provide that information within 5 working days.

A.10.7 SUBMISSION OF OFFER Offers which have not been submitted strictly in accordance with the provisions of Part C may not be considered. A.10.8 AGREEMENT WITH REQUEST CONDITIONS In submitting an Offer, the Respondent is deemed to have read and agreed to the Panel Conditions. A.10.9 AGREEMENT BY RESPONDENT In submitting an Offer, the Respondent agrees that: (a) All information in its Offer is true and correct at the time of its submission;

(b) Other than in respect of information provided by the Principal to the Respondent in writing, it relies entirely on its own enquiries in relation to all matters in respect of the Request, the Request Conditions, the General Conditions and the Special Conditions;

(c) It has examined and understood the Request, each addendum issued under the Request, the Request Conditions, the General Conditions, the Special Conditions and any other information available to the Respondent in respect of the Request;

(d) It has examined all information relevant to the risks, contingencies and other circumstances having an effect on its Offer which is obtainable by the making of reasonable enquiries, which enquiries the Respondent has made;

(e) Other than in respect of information provided by the Principal to the Respondent in writing, it does not rely on any warranty or representation of the Principal or any person actually or ostensibly acting on behalf of the Principal; and


(f) It will pay its own costs and expenses in connection with:

i. The preparation and submission of its Offer; and

ii. Any discussions, enquiries or negotiations with, or provision or consideration of further information to the Principal, whether before or after the submission of any Offer,

irrespective of whether its Offer is accepted or not.

A.10.10 OFFER VALIDITY PERIOD The Offer must remain valid and open for:

(a) a period of six months from the date on which the Offer is submitted unless

otherwise agreed in writing between the Principal and the Respondent; or

(b) until the Principal advises the Respondent that it has been unsuccessful, whichever occurs first.

A.10.11 TERMS OF ENGAGEMENT

(a) Where the Principal elects to engage a Panel Member for the performance of Services and issues a Letter of Commission to the Panel Member, then the Principal and the Panel Member will be deemed to have entered into a Contract for the Commission (i.e. performance of the relevant Services) on the Award Date stated in the relevant Contract Particulars.

(b) The Terms of Engagement for any Commission awarded under this Panel

will be: i. General Conditions of Contract AS 4122 (int) 2010 as amended

by the Western Australian Government; ii. Special Conditions of Contract as set out in Clause B.3; iii. The Letter of Commission; iv. The Contract Particulars.

A.10.12 CONFIDENTIALITY The Panel Member must keep confidential all information that the Principal has specified as confidential information. The Panel Member must not use or disclose to any person the Principal’s confidential information except:

(a) where necessary for the purpose of supplying the Services;

(b) as authorised in writing by the Principal;

(c) to the extent that the confidential information is public knowledge (other than because of a breach of this clause by the Panel Member);

(d) as required by any law, judicial or parliamentary body or governmental agency; and


(e) when required (and only to the extent required) to the Panel Member’s professional advisers. The Panel Member must ensure that such professional advisers are bound by the confidentiality obligations imposed on the Panel Member under this clause A.10.12.

A.10.13 CONFLICT OF INTEREST

(a) The Respondent must disclose in its Offer (under Part C) any circumstances, arrangements or understandings which constitute, or may reasonably be considered to constitute, an actual, potential or perceived conflict of interest in relation to the Request or in the performance of a Commission (see AS 4121 1994 s.4).

(b) The Panel Member must not place itself in a position which may, or will give rise

to an actual, potential or perceived conflict of interest during the Term or during a Commission.

(c) The Respondent or Panel Member (as the case may be) must otherwise notify

the Principal promptly in writing upon becoming aware of any actual, potential or perceived circumstances, arrangements or understandings which constitute, or which may reasonably be considered to constitute, an actual, potential or perceived conflict of interest with the Respondent’s or Panel Member’s obligations under this Request or under a Commission.

(d) The Principal may still accept the Respondent’s Offer, or award a Commission to

a Panel Member, if the Principal considers that the Respondent or Panel Member (as the case may be) has, or could reasonably be considered to have, an actual, potential or perceived conflict of interest in relation to the Request or the performance of a Commission. In making its decision, the Principal may request further information, including details of any proposed strategy for managing any actual, potential or perceived conflicts of interest.

(e) To the extent that the Principal directs the Respondent or Panel Member (as the case may be) to take particular action in respect to a conflict of interest, then:

i. In the case of a Respondent who is unable or unwilling to comply with such a direction, the Respondent’s Offer may not be considered further; and

ii. In the case of a Panel Member who is unable or unwilling to comply with such a direction, the Panel Member may have its membership on the Panel suspended or cancelled.

A.10.14 OWNERSHIP / INTELLECTUAL PROPERTY

(a) All documents, materials, articles and information by the Respondent as part of, or in support of an Offer shall become upon submission the absolute property of the Crown in right of the State of Western Australia, and will not be returned to the Respondent.


(b) Nothing in this section affects the intellectual property rights of the Respondent in the Offer, except that the Principal may make such copies of the Offer as the Principal requires for the proper evaluation of the Offer.

A.10.15 ADDENDA

Written addenda issued by the Principal are the only explanations of, or variations to, this Request that will be accepted by the Principal.

A.10.16 DISCLOSURE OF INFORMATION

(a) The Respondent agrees and acknowledges that any information or further information submitted with its Offer, and any Commission which results from membership of this Panel, is subject to the Freedom of Information Act 1992 (WA) and may also be disclosed by the Principal under a court order or upon request by Parliament or any committee of Parliament or if otherwise required by law. (b) By submitting an Offer, the Respondent releases the Principal from all liability whatsoever for any loss, injury, damage, liability, costs or expense resulting from the disclosure of any information under this section. (c) The Respondent agrees and acknowledges that the powers and responsibilities of the Auditor General under the Financial Management Act 2006 (WA) and the Auditor General Act 2006 (WA) are not affected in any way by this Request. (d) Subject to this section, and to the provisions of the Financial Management Act 2006 (WA) and the Auditor General Act 2006 (WA), the Principal will not make public any information related to the Offer that the Respondent expressly and reasonably nominates as confidential. However, the Principal may require the Respondent to withdraw any claim to confidentiality in respect of any part of the Offer as a condition of acceptance of the Offer.

A.10.17 GST/RECIPIENT CREATED TAX INVOICE AGREEMENT

A.10.17.1 Goods and Services Tax Respondents are deemed to be registered for GST and to have an Australian Business Number.

Where the service to be provided through this Request or any part thereof is a taxable supply under the GST Act, the price, fee or rates shall be inclusive of all applicable GST at the rate in force for the time being.

Any Lump Sum Fee derived from the pre-determined percentage rates or hourly rates shall be deemed to be GST inclusive.


A.10.17.2 Recipient Created Tax Invoice Agreement The Respondent shall lodge with its proposal the “Recipient Created Tax Invoice Agreement” included in Part C, clause C.11. The lodged “Recipient Created Tax Invoice Agreement” shall be completed and signed by a person authorised to do so. Failure to lodge the completed and signed “Recipient Created Tax Invoice Agreement” may result in the proposal being passed over. For each contract derived from membership of the Panel, the Panel Member may be required to lodge, with its proposal a contract specific “Recipient Created Tax Invoice Agreement”. A.10.18 POLICIES / CODE OF PRACTICE & ETHICS A.10.18.1 Policies The following State Supply Commission policies apply to this Request:

a. Value for Money

b. Probity and Accountability

c. Open and Effective Competition

d. Sustainable Procurement.

e. Buy Local Policy; including the July 2013 Addendum.

These policies can be reviewed and downloaded at www.ssc.wa.gov.au. A.10.18.2 Code of Practice and Ethics The Respondent confirms that, in relation to this request, it has complied in all relevant respects with both the National Code of Practice for Construction Industry 1997 and the Australian Standard, AS 4121 - 1994 Code of Ethics and Procedures for the Selection of Consultants. The Principal may require the Respondent to make the attestation prescribed in AS 4121 - 1994 section 7.4.

PART B SPECIFICATION PART B


B. PART B - SPECIFICATION

Part B1 describes the scope of services in relation to specific project commissions.

Parts B2 and B3 describe the current version of the contractual General and Special Conditions that shall apply to any contract derived from the Panel unless otherwise stated in the Letter of Commission.

B.1 SCOPE OF SERVICE

The extent of Contracts for Service established under this Panel will be defined at the time of establishment of the individual project contract in the Letter of Commission.

The distinct stages and cost management services the Respondent is required to undertake are as follows:

1. Brief Finalisation

2. Schematic Design

3. Design Development

4. Contract Documentation

5. Contract Administration to Practical Completion.

The extent of a standard service for any individual contract derived from membership of the Panel comprises cost planning services for a range of non-residential building and infrastructure projects.

The ‘standard service’ excludes the measurement of mechanical and electrical work within the Bill of Quantities.

Cost management and quantity surveying services shall be provided generally as listed in the table below.

Refer also to the BMW Project Cost Planning Guidelines for Consultants (September 2011 Revision) referred to in the following table as BMW format and also available at Attachment 1.

STAGE / PURPOSE TASKS

1.0 BRIEF FINALISATION

1.1 Cost Plan Stage A "Indicative Cost" To provide preliminary project cost – Estimated Total Commitment

Provide Brief Stage "Indicative Cost" estimate in BMW format.

Ensure adequate contingency, etc

Provide risk and expected level of accuracy statement

1.2 Risk Management To minimise/expose risks and opportunities

Analyse risks – causes/solutions

List opportunities

1.3 Economic/Financial Analysis To ascertain viability

Advise on costs, methods, contracts, options, alternatives




1.4 Value Management/Life Cycle Costing To achieve best value for money

Attend workshops, provide value management analysis and advice, provide life-cycle cost analysis

1.5 Review To ensure design is in line with budget, benchmarks, client requirements

Provide confirmation or suggest remedial action

1.6 Time Planning To ensure timing meets client needs

Assist with project time planning

1.7 General Attend meetings

Provide advice, assess options

Contract advice

Other services required by Letter of Commission

2.0 SCHEMATIC DESIGN

2.1 Cost Plan Stage B "Preliminary Estimate" To provide outline proposal cost – Estimated Total Commitment

Provide Schematic Design "Preliminary Estimate" in BMW format

State basis of contingency allowances


2.2 Risk Management To minimise and confirm risks and opportunities

Analyse risks – causes/solutions

List opportunities

2.3 Value Management/Life Cycle Costing To achieve best value for money


2.4 Review To ensure the developing design is on budget and in compliance with benchmarks and client requirements




Contract advice


3.0 DESIGN DEVELOPMENT

3.1 Cost Plan Stage C "Limit of Cost Estimate" To provide final sketch design project cost – Estimated Total Commitment

Provide Sketch Design Cost Plan "Limit of Cost" in BMW format



3.2 Risk Management To minimise and confirm risks and opportunities

Analyse risk – causes/solutions

List opportunities




3.3 Value Management/Life-Cycle Costing To confirm best value for money


3.4 Review To ensure design development documentation is on budget




Contract advice


4.0 CONTRACT DOCUMENTATION

4.1 Cost Plan Stage D "Tender Estimate" (with no Bill of Quantities) To confirm tender documentation is within budget – Estimated Total Commitment

Provide Tender Document Cost "Tender Estimate" in BMW format



4.2 Bill Of Quantities (for Tenders over $3 m) To obtain competitive tenders

Provide Bill of Quantities in accordance with the current Standard Method of Measurement with AIQS 2 letter elemental coding

4.3 Cost Plan Stage D "Tender Estimate"(with Bill of Quantities) To confirm tender documentation is within budget – Estimated Total Commitment

Provide Tender Document Cost "Tender Estimate" by pricing Bill of Quantities and in BMW format



4.4 Tender Report To review tenders and provide tender recommendation

Review tenders

Provide recommendation



Contract advice


5.0 CONTRACT ADMINISTRATION - TO PRACTICAL COMPLETION

5.1 Priced Bill of Quantities (where applicable) To ensure competitively priced contract documentation

Mathematical check of tenderers priced Bill of Quantities

Check tenderers rates




5.2 Elemental Analysis Provide required data for elemental analysis of tender (from priced Bill of Quantities where applicable) for analysis by a third party

Provision of required data (using tenderers priced Bill of Quantities where applicable)

5.3 Cost Control To provide cost control during construction

Monthly Financial Reports

Recommendations for progress payments

Estimate, measure, price, negotiate variations

Adjust provisional sums

Re-measure provisional quantities

Investigate, evaluate, negotiate claims



Contract advice


6.0 CONTRACT ADMINISTRATION – TO FINAL COMPLETION

6.1 Cost Control To negotiate final account

Negotiate, agree final account

Obtain builders sign-off

Prepare final payment recommendation

Prepare final Financial Report



Contract advice

Update elemental analysis, prepared by a third party, to match final account (if required)

Other services Required by Letter of Commission

B1.1 SPECIFIC REQUIREMENTS In addition to the services described in clause B.1 the following specific requirements shall apply:

The cost planning process shall identify the estimated total commitment (ETC) and shall include and allow for ALL costs related to the project;

Providing cash flow predictions and updates for each procurement item, throughout all stages of the project works;

The Panel Member shall be wholly responsible for the insertion and updating of all cost information (including cash flow projections) for all procurement items into the BMW online Project Management System;



The report format for cost planning services shall be as described in the Project Cost Planning - Guidelines for Consultants (September 2011Revision). This document may, at any time, be amended at the discretion of the Department and is available at Attachment 1;

The Cost Plan Template is available on the Tenders WA website with this document for downloading;

Bills of Quantities shall be prepared using the current edition of the Australian Standard Method of Measurement of Building Works with AIQS Elemental (two letter) coding;

The tender estimate shall be submitted to the Principal's Representative at least one week before the date scheduled for the calling of tenders. Submit with the Tender Estimate an estimated priced Bill of Quantities, where Bills of Quantities have been prepared for the works;

Assist with the assessment of tenders received, providing cost analysis and advice sufficient for the Principal to make informed decisions regarding the acceptance or otherwise of any tender; and

As soon as is practicable following receipt of tenders, reconcile the lowest conforming tender(s) with the tender estimate. This will require arithmetical and technical checks of the contractor’s priced Bill of Quantities to be performed and may require negotiation with the contractor regarding aspects of the priced Bill of Quantities.

1.1.1 Post Contract Management Services

The following Post Contract Management Services shall include, but not be limited to the following:

Checking, negotiating and agreeing the priced Bill of Quantities with the successful tenderer;

Preparing monthly progress valuations in consultation with the contractor;

Estimating cost of proposed variations;

Measuring variations (in accordance with SMM) and adjustments to provisional quantities and provisional sums for pricing by the contractor, and negotiation of variation valuations;

Providing cash flow predictions and updates for each contract;

Providing other cost advice as required by the Principal’s Representative;

Attending scheduled site meetings; and

Preparing and agreeing a final account and contract reconciliation statement.

B.1.2 DELIVERY OF PROJECT RELATED TENDER DOCUMENTS Tender documents for any projects derived from this Panel shall be provided in an appropriate electronic format. Ensure that electronic copies and hard copies are identical in content.



Documents shall generally be in the formats described below. Do not use ' " / \ & symbols in the Project Title.

Deliver suitably sized electronic documents directly to the Department of Finance, Building Management and Works.

The Principal’s Representative is able to provide names of the Department of Finance staff available for technical advice on this requirement.

B.1.2.1 BILL OF QUANTITIES TENDER DOCUMENTATION

If required, the Bills of Quantities shall be in a Microsoft Excel 2007 format. The file, or files, shall be 'zipped' using an archiving tool such as “WinZip” or “PKZip” into a single file named "<Project Title> - Quantities.

Description and quantities cells within the spreadsheet shall be protected to ensure that no manipulation of the supplied data can take place. B.1.3 INTERPRETATION OF PROJECT COMPLEXITY The level of complexity for a ‘standard service’ for any individual contract derived from membership of the Panel is defined as:

SIMPLE CONVENTIONAL COMPLEX

Multi-storey accommodation or home units under four storeys high above ground level, single storey factory, warehouse and parking station.

All buildings other than listed in complex and simple categories

Hospital buildings (other than staff residential buildings and Geriatric or Psychiatric patient residential buildings not used for treatment), Laboratory Buildings used for scientific purposes, Special teaching facilities mainly composed of laboratories, lecture theatres or studio teaching and other buildings of complicated nature

B.1.4 SUSTAINABILITY INITIATIVES BMW’s Sustainable Non-Residential Government Buildings Policy and Sustainable Non-Residential Government Buildings Guidelines clearly define the application of sustainability in building projects. Design consultants are responsible for ensuring compliance with Section J of the National Construction Code (as amended) and with the requirements of any specified Green Building Council rating tool targeted benchmarks. It is acknowledged that, in meeting its responsibilities,



consultants shall be reliant on its sub consultants for some individual elements of the requirement.

As a part of the provision of services, the cost consultant is to identify the costs and benefits of incorporating the various elements of this section, using either the applicable Green Star matrix or the Consultant Sustainability Provisions Reporting Checklist. The appropriate level of sustainable elements to be included in the project will be agreed with the Principal’s Representative. BMW’s preference is for simple, cost-effective solutions that will achieve the objectives outlined in this clause. Design consultants are required to deliver an energy report at the end of Schematic Design, showing modelled outcomes and supporting text to explain anticipated energy use. The report should include any assumptions that require specific responses by the facility management and users. For example, this modelling could involve life cycle costing of at least three alternative energy saving air-conditioning designs for the new building, considering such initiatives as mixed mode ventilation, alternative facade designs, shading, thermal mass etc.

B.1.4.1 GREEN BUILDING COUNCIL RATING OR NABERS RATING

Design consultants shall allow for all design analysis including simulation and modelling required to target the relevant Green Building Council of Australia or NABERS’ Benchmark Rating Tool to the relevant benchmark level.

B.1.4.2 ENERGY EFFICIENCY

The State Government is committed to reducing its current energy. An important contribution to meeting this target is ensuring that new or renovated government buildings are energy efficient and designed to ‘best practice’ green building standards.

Design consultants shall design to maximise energy efficiency in operating costs while at the same time providing reasonable comfort for the occupants. This could include:

Incorporating passive solar design principles

Maximising day-lighting and passive climate modification opportunities

Incorporating energy efficient designs to minimise active heating and cooling requirements

Specifying energy efficient plant and equipment

Specifying energy efficient lighting systems

Providing efficient control and effective maintenance systems, including monitoring of energy consumption.

Optimising opportunities to use renewable energy sources and incorporate renewable energy technologies wherever possible.

In the construction of new government offices, design consultants shall comply with the Government’s Office Accommodation Policies relating to energy efficiency http://www.finance.wa.gov.au/cms/content.aspx?id=3787.



B.1.4.3 WATER EFFICIENCY

Design consultants shall design landscape and buildings to minimise the use of water. This could include:

Ensuring the incorporation of water efficient appliances and fixtures

Providing effective monitoring and maintenance systems

Installing reuse systems for grey water

Installing rain water and storm water collection tanks

Designing to manage stormwater runoff on site to recharge aquifers

B.1.4.4 WASTE MINIMISATION

Design consultants are required to recommend strategies that minimise the generation of waste going to landfill and maximise reuse and recycling opportunities. Such strategies could include:

Designing buildings to maximise the opportunities to recycle materials in future

Considering opportunities to recycle materials such as green waste and landfill on site within the works

Designing buildings to maximise longevity through the creation of flexible and readily adaptable designs.

B.1.4.5 BUILDING MATERIALS

Design consultants are required to consider strategies that incorporate ecologically sustainable materials and construction practices. These could include:

Designing for resource conservation (using the minimum amount of material required for the function).

Maximising the use of recycled content material (the material must achieve the required technical performance).

Using materials, as much as possible, that can be sourced from suppliers close to the site (locally sourced products reduce transport costs and fuel consumption and support the local community).

Minimising life cycle costs through using durable materials and equipment requiring minimal maintenance.

Minimising or avoiding the use of materials made from toxic or hazardous substances or which may result in off-gassing of emissions.

Minimising the use of building materials with high embodied energy and no compensatory benefits

Minimising the use of building materials that have damaging ecological effects during harvesting, manufacturing and/or construction



Minimising the use of building materials produced from limited or non-renewable natural resources.

B.1.4.6 BUILDING DURABILITY

A durable building is one that is long lasting, fit for purpose and requires minimal maintenance during its lifespan. The Consultant shall include in the Design Development Report, a completed Consultant Sustainability Provisions Reporting Checklist. Complete the checklist, supporting the building design and choice of materials. As part of the project deliverables, the Consultant shall include a schedule of maintenance including required maintenance intervals and anticipated costs for major components of the building fabric.

Damage to public buildings costs taxpayers millions of dollars each year. The Consultant shall also indicate, as part of the checklist, how minimisation of wilful and accidental damage has been considered in the design.

The principal’s representative will be able to assist the consultant with information on how to incorporate features that are likely to assist durability and minimise damage.

B.1.5 SITE VISITS (Projects located outside the Metropolitan Area or greater than 80km from the Panel Members office)

In the Letter of Commission the Principal will propose a schedule of site visits and include in the Lump Sum Fee offer an amount, based on the hourly rates schedule, to cover staff time for travel. All reasonable direct disbursement costs for travel, meals and accommodation will be recouped at cost.

If the number of site visits vary from those scheduled, then the contract shall be varied in accordance with the Schedule of Disbursement Rates.

The Principal’s Representative shall be informed of each site visit by the Panel Member or any of the sub-consultants where claimable disbursement costs are to be incurred.

Prior approval of the Principal’s Representative is required for every site visit greater than the number listed above for each delivery stage.

B.1.6 PAYMENT PROCESS

Panel Members shall use BMW’s online Project Management System for all fee claims. Access to the system will be provided by BMW upon successful appointment to the Panel, where a user name and password will be released.

The information to be provided online shall include, but not necessarily be limited to: project details, project status reports, any fee variations, fee and disbursement records, progress fee claim details, certificates for currency of insurances, recipient created tax invoice agreements, variations, payment certificates in accordance with the standard consultant and construction contract documentation.

BMW will provide onsite training for all Panel Members.



B.1.7 BUILDING CONTRACTOR PAYMENTS

Where applicable, Progress Certificates for payments to the Contractor in a building contract must be certified by the person appointed as the Superintendent’s Representative.

Claims for payment to building contractors submitted by the Superintendent’s Representative shall be on the relevant documentation. Attached to this shall be the Payment Certificate and Summary of Contract Variations. These forms will be available through the Project Management System.

The Superintendent’s Representative shall attach to each claim other information as required under the construction contract.

The Superintendent’s Representative may require the Panel Member to verify the fee claims submitted by building contractors.

B.1.8 SUB CONSULTANTS

The successful Panel Member may engage experienced sub consultants, where required, but must seek prior written approval from the Principal.

When seeking approval from the Principal for the appointment of any sub consultant the Panel Member shall demonstrate that the selection process used to select the sub consultant has delivered a value for money outcome.

Consult with BMW for advice on the selection process and to ensure that the selection process complies with Government policies such as Buy Local (where the contract involves work outside the Perth Metropolitan Area and/or otherwise falls within the coverage of the Government’s Buy Local Policy).

B.1.9 LETTER OF COMMISSION

The Letter of Commission will invite the Panel Member to submit a proposal for the provision of a ‘standard service’ for a specific project requirement. It will include the following:

Project Brief; A project specific Schedule of Deliverables (if required); A project specific Annexure; Project Team Nomination and Availability Fee Breakdown - Lump Sum Fee/Hourly Rate Recipient Created Tax Invoice Agreement (if applicable).

B.2 GENERAL CONDITIONS OF CONTRACT The Australian Standard AS 4122 2010 and WA Government Amendments (“the General Conditions”) as referred to in this Request are the General Conditions of Contract. The pre-determined fees for Panel Members allow for the cost of complying with the terms of these General Conditions, all WA Government Amendments and the Special Conditions.



B.2.1 CIVIL LIABILITY ACT 2002 (WA)

The operation of Part 1F of the Civil Liability Act 2002 (WA) is excluded in relation to all and any rights, obligations and liabilities (including negligence) arising out of or in connection with this contract or the performance of the Services.

B.3 SPECIAL CONDITIONS OF CONTRACT B.3.1 GENERAL

Where there is any inconsistency, these Special Conditions shall take precedence over the General Conditions.

B.3.2 DESCRIPTION OF THE WORKS

The works comprise that stated in the Scope of Services and such other work, which may be necessary for the completion of the project (or the service) as described in the Project Brief in the Letter of Commission.

B.3.3 MONETARY VALUES

Monetary values that appear in this Request document and any subsequent document, such as Project Budget, Estimated Construction Budget, Limit of Cost, are net values and do not include GST.

The Value of Work in the Lump Sum Fee Breakdown attachment, in the Letter of Commission, shall be deemed to be ten elevenths of the Lump Sum Fee.

B.3.4 DISCLOSURE OF CONTRACT INFORMATION AND DOCUMENTS

B.3.4.1 PUBLIC DISCLOSURE OF CONTRACT DETAILS

1. The contract award information for all contracts above $20,000 will be publicly available and published on the Tenders WA website after the contract is legally established.

2. Documents and other information relevant to the Contract may be disclosed when required by law under the Freedom of Information Act 1992, tabling of documents in Parliament or under a Court Order.

B.3.5 ACCESS BY THE AUDITOR GENERAL

B.3.5.1 FINANCIAL MANAGEMENT ACT 2006

The Parties acknowledge and agree that, notwithstanding any provisions of this Contract to the contrary, the powers and responsibilities of the Auditor General for the State of Western Australia under the Financial Management Act 2006 are not limited or affected by the terms of the Contract.



B.3.6 NATURE OF CONTRACT

The Panel Member shall be paid on a Lump Sum Fee basis or Hourly Rates basis as stated in the Annexure to be included in the Letter of Commission.

B.3.7 NOTICE OF CLAIMS

The Panel Member shall notify the Principal, in writing, within seven (7) days of notification of any claim or potential claim made against the Panel Member, which arises wholly or in part from provisions of this Contract.

B.3.8 CONTROL OF PANEL MEMBER’S EMPLOYEES AND SUB- CONSULTANTS

Nominate Sub consultants required to complete each stage of this Contract.

Nomination shall be substantiated by a proposal from the sub consultant addressing all of the Selection Criteria.

Sub consultants shall be engaged under the terms and conditions consistent with and complementary to those under which the Panel Member is engaged and shall not impact on the Panel Members obligations to the Principal.

The Principal may direct the Panel Member to have removed from the project or from any activity connected with the work under the Contract, within such time as the Principal directs, any person employed in connection with the work under the Contract who, in the opinion of the Principal, is guilty of misconduct or is incompetent or negligent. The person shall not thereafter be employed on the project or on activities connected with the work under the Contract without the prior written approval of the Principal.

The Panel Member shall not change any member of its project team or any of its sub consultants or allow its sub consultants to change any members of their project teams that formed part of the Consultants submission or has been subsequently approved by the Principal without prior written approval of the Principal, such approval shall not unreasonably be withheld.

B.3.9 INSPECTIONS AND PROVISIONS OF INSURANCE POLICIES

Before commencing work under the contract, the Panel Member shall provide evidence, to the satisfaction and approval in writing of the Principal, of the following insurances:

B.3.9.1 On Site Public Liability

Clause 30.2 of the General Conditions - the Panel Member shall maintain a Public liability policy of insurance covering the Panel Member in respect of any claim for loss or damage arising from any act or omission of the Panel Member on the site of the project for an amount not less than that set out in Item 25 of the Annexure.

B.3.9.2 Professional Indemnity

Clause 30.4 of the General Conditions - Professional Indemnity insurance covering the legal liability of the Panel Member and the Panel Member’s Personnel under the Contract, if



awarded, arising out of any act, negligence, error or omission made or done by or on behalf of the Panel Member, or any subconsultant in connection with the Contract for an amount not less than that set out in Item 26 of the Annexure and must be maintained for not less than the period set out in Item 27 of the Annexure.

B.3.9.3 Workers’ Compensation Clause 30.3 of the General Conditions - Workers’ compensation insurance in accordance with the provisions of the Workers’ Compensation and Injury Management Act 1981 (WA), including cover for common law liability for an amount of not less than $50 million for any one occurrence in respect of workers of the Panel Member. The insurance policy must be extended to cover any claims and liability that may arise with an indemnity under section 175(2) of the Workers’ Compensation and Injury Management Act 1981.

B.3.10 APPROVALS

The Panel Member shall not initiate or proceed with any component of service as listed in the Annexure without prior written approval of the Principal.

B.3.11 PANEL MEMBER PERFORMANCE REPORTING

The Principal’s Representative may, at various stages during this Contract, prepare a report for the sole use of the Principal in respect to aspects of the Panel Member’s performance. The frequency of the reports will be agreed with the Panel Member during the period of the Contract and at Practical Completion.

The Panel Member is to be aware that the Principal may use the outcome of these performance reports when considering future tendering and contracting opportunities of the Panel Member.

B.3.12 RESTRICTIONS ON ACCESS TO SCHOOL AND OTHER GOVERNMENT SITES

Education projects Access to the site under this contract is controlled as described hereunder. The School Education Regulations 2000 (WA) empower the school principal to regulate persons who enter or are on school premises. Accordingly, overall control of occupied school premises is the responsibility of the school principal (occupied school premises includes a new school on a greenfield site that has achieved partial or total Practical Completion). These Regulations enable the school principal to direct the Contractor, its employees, subcontractors, suppliers and the like in respect to school access.

In determining access to the school premises, the school principal is guided by the School Education Regulations 2000 (WA) and other Department of Education policies. Persons admitted onto school premises must be of good character and conduct. The following conduct is prohibited on school premises and any offending person may be directed to leave the premises:

Causing disruption to or likely to cause disruption to the good order on the school premises;



Using threatening or insulting language; Using threatening or violent behaviour; Adversely affecting the safety and welfare of persons on the school premises; Causing damage to property that comprises or is located at the school premise; Smoking; Defacing school premises; Lighting fires or bringing explosives onto school premises; Bringing animals onto school premises; Having intoxicating liquor; Driving vehicles off roadways and parking areas; Exceeding speed limits or driving in a dangerous or inconsiderate manner, or; Disobeying traffic signs.

B.3.13 SCREENING FOR ACCESS B.3.13.1 Education projects Department of Education policy requires that all persons working on occupied school premises be screened for previous convictions for certain types of offences. The Contractor shall screen all employees, subcontractors, suppliers and other persons entering the building site for previous criminal convictions by ensuring that they:

1 are the holder of a national police criminal record check that is no more than 2 years old;

or

2 have completed the relevant Department of Education “Confidential Declaration” form. A person need only complete a “Confidential Declaration” form once for entry to a particular school in relation to a specific contract. A copy of this form can be obtained from the school principal.

The Contractor shall maintain a register of employees, subcontractors, suppliers and other persons accessing the Contractor’s site. On a weekly basis the Contractor shall provide to the school principal the following information:

A list of persons who have entered the site, sorted by:

1. Those with a national police certificate;

2. Those who have already provided a “Confidential Declaration” form to the school;

3. Those who have completed a “Confidential Declaration” form for the Contractor; and

A copy of all national police criminal record certificates and Confidential Declaration forms provided to the Contractor.

Once the Contractor ceases to maintain a controlled building site, or where the nature of the work makes a controlled site impractical, all access to the school/site shall be through the school office.

The Contractor shall cooperate with the school principal to maintain effective control of access to school premises and site throughout the term of the Contract.



B.3.13.2 Access to other Government Sites Panel Members seeking access to other Government Sites (prisons, hospitals, government buildings etc) may be subject to the individual agency policy on security clearances. B.3.14 WORK AT AN EXISTING PREMISE

If this project involves work at an existing premise, the Contractor, the Contractor’s Subcontractors and suppliers, the occupants of the premise and others may be exposed to safety and/or health risks arising from the existing condition of the premise and its surrounds during the execution of the works.

Some of these risks can be identified during the design and documentation phases of this Contract. To address these risks the Panel Member shall obtain from the Principal’s Representative a copy of the hazardous substances survey, risk management report, asbestos register and the associated management plan for the premise and its surrounds.

The Panel Member shall:

1. ensure that existing hazardous substances and asbestos products are addressed as Principal Identified Hazards under the Workplace Safety and Health clauses of the tender and contract documents for the construction contract;

2. make available to Respondents for the construction contract the existing management plan dealing with the identified hazards so that all relevant management issues can be adequately addressed in the contractor’s Site Specific Safety Management Plan;

3. arrange, on behalf of the Principal, the services of a Specialist Consultant meeting the requirements of clause B.3.19.1 (the Asbestos Consultant);

4. consult the Asbestos Consultant on all matters relating to asbestos and incorporate any advice and recommendations of the Asbestos Consultant into tender documentation, drawings and specifications and manage work under the construction contract in accordance with any such advice and recommendations;

5. not seek approval of tender documentation, drawings and specifications unless the Asbestos Consultant has conducted an inspection of the site, and provided a condition report detailing results of the inspection; and

6. in the event that asbestos is discovered following commencement of the construction contract, manage the incident in accordance with the Action Management Flowchart included in the Consultant Brief.

B.3.14.1 ASBESTOS CONSULTANT

The Asbestos Consultant must:

1. have the ability to, inter alia, provide competent inspection, survey condition reporting and advice on asbestos materials;

2. be approved by the Principal’s Representative;

3. conduct all relevant Services in accordance with government requirements, including, but not limited to, National Occupational Health and Safety Commission guidelines,



procedures and requirements and occupational health and safety legislation, regulations and guidelines; and

4. have, or use the services of a company with, current National Association of Testing Authorities (NATA) certification for the identification of asbestos.

B.3.15 UNIVERSAL ACCESS

The Principal is aware that the NCC has been amended for compliance with the Commonwealth Disability Discrimination Act 1992 (DDA). The Panel Member is deemed to be conversant with the intent and contents of the current NCC.

When compliance with the DDA and the NCC affects other buildings or parts of buildings on the site but previously not directly affected by this project the Panel Member shall, as soon as practicable, advise the Principal. Such advice shall include details of the extent of the affected areas and the cost implications of this.

Similarly, when the project brief conflicts with the DDA and the amendments to the NCC the Panel Member shall, as soon as practicable, advise the Principal. Such advice shall include details of the extent of conflict and the cost implications of this.

B.3.16 BUILDING ACT REQUIREMENTS

The Building Act 2011 (WA) binds the Crown, and requires the WA State Government to demonstrate that all of its building projects are designed and constructed in accordance with relevant standards, including the National Construction Code and referenced standards. Building designs must comply with all relevant codes and standards and are to be certified by a registered and independent certifier. Compliance is required by the Consultant, the Principal and all other relevant employees, agents, contractors or subcontractors or other third parties related in any way to the project and any work carried out, with the requirements of the following Acts and any subsidiary legislation made under them:-

- Building Act 2011 (WA); - Building Services (Complaint Resolution and Administration) Act 2011 (WA); - Building and Construction Industry Training Levy Act 1990 (WA); - Building Services (Registration) Act 2011 (WA); - Building Services Levy Act 2011 (WA).

Cost Managers should ensure that project budgets include all costs associated with compliance with the Building Act 2011 (WA) including certification, the Building Services Levy and the cost of issuing permits.

B.3.17 SCHEDULE OF DELIVERABLES

The Panel Member shall maintain a Schedule of Deliverables throughout the period of the contract and where appropriate and with prior written approval of the Principal’s Representative amend the Schedule of Deliverables to reflect to Principal’s required outcomes.

The initial Schedule of Deliverables for any contract derived from membership of the Cost Management Services Panel 2011 will be prepared by the Principal’s Representative. A sample



Schedule of Deliverables is included at clause B.4 of this document. The Principal’s Representative will provide, to the Panel Member, a CD containing a copy of the initial Schedule of Deliverables. This will be in a Word 2007 format.

The deliverables that appear within the Schedule of Deliverables for each phase of the project shall be provided by the Panel Member to the nominated entity prior to the completion of each phase. B.3.18 RETENTION OF DOCUMENTATION

The Consultant must retain all original documents and contract records (including physical and electronic records) directly or indirectly connected with the Schedule of Deliverables for a period of 7 years and if requested by the Principal at any time during that period make those original documents and records immediately available to the Principal for inspection.

B.4 SAMPLE SCHEDULE OF DELIVERABLES

Panel Member Deliverables Qty To Be Submitted To:

General – Provide:

Evidence of Panel Member Insurances As req. Principal’s Representative.

Brief Finalisation – Provide:

Cost Plan Stage A “Indicative Cost” estimate(s)

As req. Principal’s Representative.

Schematic Design – Provide

Cost Plan Stage B “Preliminary Cost” estimate


Design Development – Provide:

Cost Plan Stage C “Limit of Cost” estimate


Contract Documentation – Provide:

Cost Plan Stage D “Tender Estimate“ As req. Principal’s Representative.

Electronic Copy of Tender Documents –

1 Set Tendering Services.

(In correct format on CDROM)

Bill of Quantities (Projects over $3 million)

15 hard copies

Tendering Services

Required data for elemental analysis of 1 Set Principal’s Representative.



Panel Member Deliverables Qty To Be Submitted To:

tender (from priced Bill of Quantities where applicable) for analysis by a third party

Contract Administration - Provide:

Cost Control Financial Reports including recommendations for: Progress payments Variations Provisional Sum adjustments Claims or adjustments Final payment recommendation Final Financial Report

1 Set Principal’s Representative.

PART C RESPONDENT TO COMPLETE AND RETURN THIS PART PART C


B.5 SAMPLE ANNEXURE

(FOR THE DEPARTMENT DIRECT ENGAGEMENT)

Sample copy of the Annexure to the Australian Standard General Conditions of Contract for Consultants

Item

Item 1 (clause1.1)

The Client is: The Minister for Works

Item 2 (clause 1.1)

The Consultant is:

Item 3 (clause 1.1)

The Contract Documents are:

1. The General Conditions of Contract;

2. The Scope; 3. The Consultant’s Proposal; 4. The Code of Practice for the

Building and Construction Industry in Western Australia;

5. The Letter of Engagement; 6. The Special Conditions of

Contract; 7. The Annexure to the General

Conditions of Contract; 8. The Consultant Brief; 9. The Project Brief; 10. The addenda and any other

correspondence issued to the Consultant by the Principal; and

11.

Item 4 (Clause 1.1)

The Scope is described in the following Documents, or the Scope is:

Item 5 (clause 5.1)

The purpose(s) for which the Services will be suitable is/are:

GUIDENOTES

Insert other relevant Documents forming this Contract.

The ‘Scope’, within the context of AS 4122-2010, is intended to describe the Scope of the Services that are required to be performed and their relationship to the project being undertaken by the Client. Either identify the Documents that describe the Scope or include a statement of the Scope in this item.

Insert the purpose(s) for which the Consultant’s Services have been engaged



Item 6 (clause 6.1)

The Client’s representative is:

Item 7 (clause 6.2)

The Consultant’s representative is:

Item 8 (clause 10.1)

Claims for payment must be made on the following basis:

Lump sum: $………………………. And/or

Percentage…………….% of…………… And/or

Hourly Rates

Yes No

(Strike through as appropriate)

GST Inclusive Yes No

(Strike through as appropriate)

Role / Task: Rate $/per

- Percentage for Art

Stage / Task $ / % of Fee


Disbursements for which the Consultant may claim payment:

The lump sum amount is inclusive of all disbursements. See Special Conditions of Contract at clause A.6.3.1

GUIDENOTES

Insert the name,address, email address, facsimile number and phone number of the person responsible for administering this Consultant Contract. This may or may not be a Department of Finance Officer.

Specify whether claims for payment will be on a lump sum, a percentage, or hourly rates or any combination. The lump sum is inclusive of all fees and disbursements of the Consultant and necessary subconsultants.

Specify whether claims for payment will be on a lump sum, a percentage, or rates or any combination.

Specify whether the basis is inclusive or exclusive of GST.

If rates apply, specify rates and intervals.

The only item that should be included as a rate is the percentage for art component. This component is over and above the lump sum amount and work required in carrying it out should be assessed against the rate provided here. This rate provided by the Consultant.

Specify whether claims for payment, however calculated, will be paid in a single lump sum or in stages.




Time to claim payment is not later than:


Time for payment is no later than:

30 calendar days


The rate of interest for overdue payment is:

6.00% per annum.


Alternative 1: The date or the period after commencement of this Contract, by which the Services must be completed is:

Alternative 1: Date:

Alternative 2: Under the program attached.

Alternative 2: see attached program.

Item 14 (clause 12.3(c))

Other causes of delay for which the Consultant may notify an extension of time:

Not Applicable.


The Approvals to be obtained by the Consultant are:

As required by the terms of the Contract and by law.

GUIDENOTES

If left blank, the time for making a claim is the last business day of each month. Only one claim may be made each month.

Select the appropriate alternative. If alternative 1 is selected insert the date by which the Services are to be completed or the period after the commencement of the Contract by which they are to be completed.

If Alternative 2 is to apply, a program must be attached and only after you have consulted with your manager. This still must clearly indicate a date for completion and the various stages/tasks in the program. If you wish for the Consultant to provide a program as part of the tender then this should be specifically provided for in detail in the Annexure and must state the date when the Consultant must provide that program by, and also within what parameters of date(s) of completion for the Services or components of the services. This should be set out in detail in this Item. If you are unsure, you should seek advice from you line manager. If nothing is stated or attached then the time for completion will be within a reasonable time which is not acceptable, therefore it is imperative that the requirements for the program as specified in detail.



Item 16 (clause 18)

They Key personnel are:


Existing conflicts of interest:


Copyright and other Intellectual Property Rights, the Alternative is:

Alternative 2

Item 19 (clause 21.3 alternative 2)

List of excluded Intellectual Property Rights:

None

Item 20 (clause 21.4 alternative 2)

The additional amount payable to the Consultant for the granting of Intellectual Property Rights is:

None


Does clause 22 (Moral Rights) apply?

Yes / No If Yes, the author is:


The following Documents are confidential:

All materials provided to the Consultant by the Client or any other party for the purpose(s) of this project.


Maximum period for which the Client may suspend the Services at any one time, after which the Consultant may terminate:

The Clients right to suspend the Services is unlimited


The Consultant’s Liability is limited to:

If no amount is specified, the Consultant’s liability is unlimited.

GUIDENOTES

Select Yes if the Principal/Client is to going to be obliged to attribute the physical work to the Consultant or other author.




The amount of public liability insurance is:

$5 Million


The amount of professional indemnity insurance is:


The professional indemnity insurance must be maintained for the following period

6 years


The Client must effect the following insurances and maintain them for the following periods:

None


The address for service of notices is:

The Client All notices, other than notices served under clause 31 or 32 of the General Conditions of Contract:

Notices served under clause 31 or 32 of the General Conditions of Contract:

The Minister for Works C/- Assistant Director Building Contracting Services Building Management and Work 6th Floor, the Optima Building 16 Parkland Road Osborne Park WA 6017

Item 30 (clause 35)

The law governing this Contract is:

The law of Western Australia.

Item 31 Has this Contract been Yes.

GUIDENOTES

The level of Professional Indemnity Insurance should reflect the risks in the project and sufficiently protect the Principal against possible loss. If unsure, seek advice from your line manager or Riskcover.

Insert the type, periods and amounts of any additional insurances that you may require the Client to effect that may be specific to your project, if any. If unsure, seek advice from your line manager or Riskcover.

Insert the name, postal address, email address and facsimile number of the Client’s representative.



amended from its original form?

Refer to Attachment 2 of the Request, setting out clauses that have been deleted, amended or added to the standard form of the AS 4122 – 2010 by this contract.

PART C- RESPONDENT'S OFFER

C.1 NOTE TO RESPONDENT

Part C should be completed by the Respondent and returned to BMW. In preparing its Offer, the Respondent must:

a). address each requirement in the form set out in this Part C;

b). take into account the Contract requirements, as explained in the Request Conditions and General and Special Conditions of Contract. The Respondent must read these in conjunction with the Australian Standard AS 4122 – 2010 - General Conditions of Contract for Consultants;

c). in respect of the selection criteria in clause C.6 in this Part C, provide full details of any claims, statements or examples;

d). assume that the BMW has no knowledge of the Respondent, its activities, experience or any previous work undertaken by the Respondent for the BMW or any other Public Authority; and

e). nominate any Offer Information that the Respondent wishes to expressly and reasonably nominate as confidential for the purposes of the Request Conditions.

C.2 IDENTITY OF RESPONDENT

The Respondent must provide the following details: RESPONDENT TO COMPLETE: a) Name of Legal Entity: ............................................................................

b) ACN (if a company) ............................................................................

c) Registered address or address of principal place of business:

............................................................................

............................................................................

d) Business Name: ............................................................................

e) ABN ............................................................................

f) Contact Person: ............................................................................

g) Contact Person Position Title ........................................................................... .

h) Email: ........................................................................... .

i) Telephone: .......................................................................... ..



j) Facsimile: ............................................................................

k) Address and facsimile number for service of contractual notices

........................................................................... .

.......................................................................... ..

C.3 CORPORATE STATUS:

(Please nominate, by ticking one of the boxes below, your corporate status.)

Sole trader

Partnership (Attach, on a separate sheet, the full names of all Partners).

Incorporated Company (Attach a copy of the ASIC registration details including the full names of directors and shareholders. Should the Company be a Trustee also provide the names of the Trust beneficiaries and copy of the Trust Deed).

Incorporated Joint Venture (Attach a copy of the ASIC registration details including the full names of directors and shareholders).

Unincorporated Joint Venture (i.e. Consortium) (Attach details of each member of the consortium as appropriate to the corporate structure of the member).

Trading Trust (Attach a copy of the Trust Deed).

Other (Attach details)

C.4 NOMINATE SERVICE DELIVERY AREA Nominate the cost management service area that you are applying for by ticking the appropriate box below:

Full service on projects of a feeable value of up to $30 million including bills of quantities

Full service on projects up to a feeable value of $30 million excluding bills of quantities

C.5 PRE-QUALIFICATION REQUIREMENTS The Principal will not consider any Offer that does not meet all of the following Pre-Qualification Requirement:

1. Acceptance of the Pre-determined Fee Scales included in this Request

RESPONDENT TO COMPLETE:

Does the Respondent accept the Pre-determined Fee Scales specified in Schedule 1, Part C?

(Yes / No)

2. The firm employs one or more key personnel who are eligible for membership of Australian Institute of Quantity Surveyors (AIQS) (or equivalent) associate or higher classification membership.




Does the Respondent firm have one or more key personnel who are eligible for AIQS or equivalent membership?

(Yes / No)

C.6 WEIGHTED SELECTION CRITERIA

BMW will, in its value for money assessment, consider the extent to which the Offer satisfies the following selection criteria. BMW reserves the right to reject any Offer that does not properly address and satisfy any of the selection criteria.

The selection criteria are not weighted equally. Refer to the % weighting for each requirement listed below.

Respondents must demonstrate their ability against each criterion to be considered for inclusion in the Panel.

1. DEMONSTRATED EXPERIENCE (35% WEIGHTING)

(Maximum three (3) pages)

The Respondent must demonstrate the cost management experience of their firm, identifying details of projects where the firm has undertaken this service and provide details of contracts for similar projects in the building or construction industry.

The Respondent must provide:

(i) A detailed list of projects undertaken in the last three (3) years for BMW and public sector agencies or equivalent, outlining the project description, project value, client contact, date of completion or expected completion, location, nature and scope of service provided and key personnel and their roles;

(ii) Separately identify those projects where cost estimates have included Bills of Quantities and provide details of how this has been resourced;

(iii) Provide details of your firm’s experience in Green Building Council of Australian Green Star certified and uncertified projects;

(iv) details of the similarities between the previous contracts and this Request;

(v) when the previous contracts were performed; and

(vi) the outcome of the previous contract.

(Note: Project experience gained by individuals while employed in other firms should be listed in that individual’s curriculum vitae under Selection Criteria 2).

The Respondent must also provide a minimum of two (2) referees in respect of the contracts detailed above. Referee details must include:

the referee’s name and position; company name; the contact telephone number; and the contract or project title.




Respondent to provide the Demonstrated Experience information required under this clause.

2. SPECIFIED PERSONNEL (30% WEIGHTING)

The Respondent must:

(i) Identify any proposed Specified Personnel together with a (one page) curriculum vitae (CV) for each of them. CV’s should emphasise the Specified Personnel’s roles in the relevant projects listed above and outline specialty areas of service delivery and their availability for projects derived from the Panel;

(ii) Describe the skills and industry experience of all proposed Specified Personnel who will be involved with this panel arrangement, especially how their experience relates to the requirements set out in Part B – Specification – clause B.1. Scope of Services; and

(iii) Outline the management structure and resources of your firm identifying each member’s accessibility to deliver projects on time. Nominate each team member’s proposed roles, responsibilities and back-up arrangements to accommodate requests, ad-hoc advice or attend impromptu project meetings.


Respondent to provide the Specified Personnel information required under this clause.

3. APPRECIATION OF CRITICAL ISSUES, RISKS AND GOVERNMENT PROCESSES (35% WEIGHTING)

(Maximum five (5) pages)

(i) Outline and describe your understanding of key issues and tasks that need to be addressed in managing BMW projects or providing services relevant to this proposal.

(ii) Identify potential pitfalls and challenges over the duration of a partial or ‘standard service’ and demonstrate how your approach can assist the client in managing risks to achieve the desired outcome.

(iii) Describe the proposed methodology for managing and exchanging building cost information with the project stakeholders including any quality control measures applied. Describe measures within your firm to store and transfer building cost knowledge and trends.

(iv) Provide details of the Firm’s building cost database and systems to enable cost plans and bill of quantities to be produced and exchanged in a format compatible with BMW guidelines.



(v) Describe your knowledge of Government procurement standards and practices and outline your understanding of the State Government’s key Strategic Asset Management Framework.


Respondent to provide the Appreciation of Critical Issues, Risks and Government Processes information required under this clause.

C.7 COMPLIANCE AND DISCLOSURE REQUIREMENTS

The Principal will, in its value for money assessment, consider the extent to which the Offer satisfies the following Compliance and Disclosure Requirements. The Principal reserves the right to reject any Offer that does not properly address any of the Compliance and Disclosure Requirements.

(a) Compliance

(i) Request Conditions

The Respondent must confirm whether it will comply with the Request conditions in Part A. If the Respondent will not comply with any clause of Request conditions, the Respondent must set out:

i. the clause(s) of the Request conditions it will not comply with;

ii. the extent of non-compliance – including the alternative clause, if any, or a description of any changes it requires to the Request conditions; and

iii. the reason for non-compliance.


Does the Respondent agree to the Request conditions?

(Yes / No)

If no, provide details.

(ii) General and Special Conditions of Contract

The Respondent must confirm whether it will comply with the General and Special Conditions of Contract. If the Respondent will not comply with any of the General and Special Conditions of Contract, the Respondent must set out:

(i) the General Condition / Special Condition of Contract it will not comply with;

(ii) the extent of non-compliance – including the alternative clause, if any, or a description of any changes it requires to the General Conditions / Special Conditions of Contract; and

(iii) the reason for non-compliance.


Does the Respondent agree to the General Conditions and Special Conditions of Contract?

(Yes / No)



If no, provide details.

(b) Disclosures

(i) Participants (including subcontractors) RESPONDENT TO COMPLETE:

Is the Respondent acting as an agent or trustee for another person or persons?

(Yes / No)

If yes, provide details.

AND

Is the Respondent acting jointly or in association with another person or persons?

(Yes / No)


AND

Has the Respondent engaged, or does the Respondent intend to engage, another person or persons as a subcontractor in connection with the provision of the cost management Services.

(Yes / No)


(ii) Criminal Convictions

The Respondent must confirm that neither the Respondent nor any person included in the Specified Personnel has been convicted of a criminal offence that is punishable by imprisonment or detention.


Has the Respondent or any person included in the Specified Personnel been convicted of a criminal offence that is punishable by imprisonment or detention?

(Yes / No) If yes, provide details.

(iii) Conflict of Interest

The Respondent must declare and provide details of any actual, potential or perceived conflict of interest.


Does the Respondent have any actual, potential or perceived conflict of interest in relation to the performance of the Contract (if awarded) by the Respondent?

(Yes / No)

If yes, the reasons why.



C.8 INSURANCE REQUIREMENTS


Does the Respondent have the insurance required under Part B.3.14?

(Yes / No)

If yes, the Respondent must complete the following table:

Insurer ABN Policy No

Insured Amount

Expiry Date

Exclusions, if any

On Site Public Liability Insurance

Professional Indemnity

Workers’ Compensation including common law liability of $50m

OR

If no, does the Respondent confirm that if it is appointed to the Cost ManagementServices Panel, then it will obtain the insurance policies specified prior to the Contract Commencement Date?

(Yes / No)

If no, the reasons why.

Insurance Certificates of Currency are required to be maintained on an annual basis and forwarded to BMW for recording in the Project Management System.



C.9 COST MANAGEMENT FIRM COMPOSITION This cost management practice currently comprises the following number of cost managers registered with the relevant professional organisation:

Total Number Registered Cost Managers:

Name Professional Body Registration No. (AIQS) 1)………………………………………………………………………………..……………...................

2)………………………………………………………………………………..……………...................

3)………………………………………………………………………………..……………...................

4)……………………………………………………………………………..………………...................

5)………………………………………………………………………………..……………...................

6)……………………………………………………………………………………..………...................

7)………………………………………………………………………………….…………....................

8)………………………………………………………………………………..……………...................

(Please add another sheet if required)

C.10 RESPONDENT’S CLAIM FOR REGISTRATION AS A REGIONAL BUSINESS

Does your firm operate from regional premises?

Yes Regional Centre………… No (PLEASE TICK APPROPRIATE BOX)

.............................................................................................................................................................................................................................................................................

(THE RESPONDENT IS TO ENTER NAME OF TOWN IN WHICH IT HAS A PERMANENT OPERATIONAL OFFICE)



C.11 RECIPIENT CREATED TAX INVOICE AGREEMENT

This Agreement is submitted in relation to any contracts derived from the Cost Management Services Panel 2011, Request No: 210757-5/11

In accordance with the Australian Tax Office’s (ATO’s) Goods and Services Tax Ruling (GSTR) 2000/10 paragraph 13(e) the following is agreed between the Department of Finance – acting for and on behalf of The Principal (The Minister for Works) and

__________________________________________________________________________ (ENTER THE FULL NAME OF THE CONSULTANT )

1. The Department of Finance will issue tax invoices to the Consultant in respect of the payments by the Principal under Contracts derived from this Panel;

2. The Consultant shall not issue tax invoices in respect of claims for payment issued by the Consultant under Contracts derived from this Panel;

3. The Consultant is registered for the GST at the time of this agreement and that it will notify the Department of Finance if it ceases to be registered.

4. The Consultant’s Australian Business Number (ABN) is:

(The Consultant is to enter its ABN and if applicable its GST Branch registration number)

5. The Department of Finance is currently registered for the GST and will notify the Consultant if it ceases to be registered.

6. The Department of Finance ABN is 99 593 347 728

Name of Consultant: ______________________________________________________________________________ (IN BLOCK LETTERS)

This Agreement is signed by a person authorised to do so on behalf of the Consultant.

Signature: __________________________________________________

Full Name: __________________________________________________ (IN BLOCK LETTERS)

Position with Consultant: __________________________________________________ (IN BLOCK LETTERS) Date: __________________________________________________



C.12 CLAIM FOR REGISTRATION FOR ABORIGINAL ENTERPRISE AND EMPLOYMENT TENDERING PREFERENCE

For the purpose of registration for Indigenous Enterprise and Employment Tendering Preference the Respondent must submit this completed form.

Is the Respondent: (PLEASE TICK APPROPRIATE BOX)

(a) A sole trader, where the person is an Indigenous Person: Yes No

(b) A partnership or firm, where not less than 50% of the partners are Indigenous Persons Yes No

(c) A corporation that has its registered and head offices in Western Australia, where Indigenous Persons own not less than 50% of the legal entity submitting the tender: Yes No

(d) A legal entity that employs an Indigenous Person, including an apprentice or a trainee: Yes No

(e) A Joint Venture with Indigenous Participation that is a joint venture between any Indigenous Enterprise and non-Indigenous Enterprise where not less than 50% of the equity in the joint venture is owned by the Indigenous Enterprise submitting the tender: Yes No

If Yes to any of the above please attach supporting information.

If Yes to (d) provide an estimation of the proportion (%) of total cost that may be attributable to the direct employment costs of the Indigenous Person(s) engaged on work under contracts derived from membership of the panel. ……………………%

Name of Respondent: .................................................................................................. (IN BLOCK LETTERS)

This Claim for Registration for Indigenous Enterprise and Employment Tendering Preference is signed by a person authorised to do so on behalf of the Respondent in respect to the submitted Request Number 210757-5/11for membership of the Cost Management Services Panel 2011:

Signature: ............................................ Full Name: ............................................... (IN BLOCK LETTERS) Position with Respondent:...............................................Date:........................................



C.13 CONFIRMATION OF ATTACHMENTS Please confirm the contents of your Offer by ticking the boxes below and entering the page numbers in your Offer where these can be found.

IDENTITY OF RESPONDENT PAGE NOS:

CORPORATE STATUS PAGE NOS:

NOMINATED SERVICE DELIVERY AREA PAGE NOS :

PRE-QUALIFICATION REQUIREMENTS PAGE NOS:

WEIGHTED SELECTION CRITERIA PAGE NOS:

COMPLIANCE AND DISCLOSURE PAGE NOS : REQUIREMENTS

INSURANCE REQUIREMENTS PAGE NOS :

FIRM COMPOSITION PAGE NOS :

REGISTRATION AS A REGIONAL PAGE NOS : BUSINESS

RECIPIENT CREATED TAX INVOICE PAGE NOS:

CLAIM FOR REGISTRATION FOR ABORIGINAL ENTERPRISE

& EMPLOYMENT TENDERING PREFERENCE PAGE NOS:

C.13 RESPONDENT’S CERTIFICATION OF THE OFFER

This completed Offer Form and the schedules nominated under Part C together will comprise the Respondent's Offer.

This Offer is signed by a person authorised to do so on behalf of the Respondent.

Signature: ................................................................ Witness Signature: ...................................................................

Full Name: ................................................................ Witness Full Name: ................................................................... (Please print) (Please print)

Position With Relationship To Respondent: ................................... Respondent: ...................

Date: ................................................................. Date: ...................................................................

SCHEDULE 1 – PRE-DETERMINED FEE SCALES



PRE DETERMINED PERCENTAGE RATES

PRE DETERMINED FEE SCALE FOR A STANDARD SERVICE FOR A CONVENTIONAL PROJECT – ALL FIGURES (INCLUDING FEEABLE VALUE) EXCLUDE GST

FEEABLE VALUE

$

COST PLANNING STAGES 1.0 TO 4.5

%

BILLS OF QUANTITIES

(FULL SMM)

%

CONTRACT ADMINISTRATION

STAGES 5.0 TO 6.2

%

FULL SERVICE

TOTAL

%

250,000 2.11 Not Applicable Not Applicable 2.11

500,000 1.47 Not Applicable Not Applicable 1.47

1,000,000 0.84 Not Applicable Not Applicable 0.84

2,000,000 0.70 Not Applicable Not Applicable 0.70

3,000,000 0.47 1.25 0.59 2.31

4,000,000 0.41 0.90 0.53 1.84

6,000,000 0.39 0.75 0.46 1.60

8,000,000 0.38 0.65 0.43 1.46

10,000,000 0.35 0.59 0.39 1.33

15,000,000 0.32 0.52 0.36 1.20

20,000,000 0.29 0.44 0.33 1.06

25,000,000 0.27 0.43 0.30 1.00

30,000,000 0.25 0.40 0.28 0.93

“Feeable Value” is defined as the Estimated Total Cost (ETC) Perth prices less all fees and disbursements, specific items of equipment or works that are not the direct responsibility of the Panel Member.

For intermediate values the fee percentages will be interpolated using a straight line relationship.

ADJUSTMENTS FOR COMPLEXITY

For Simple Projects (Less than $3 million) No Adjustment For Simple Projects ($3 million to $30 million) reduce the Calculated Conventional $ Fee by 5%

For Complex Projects (Less than $3 million) increase the Calculated Conventional $ Fee by 20%

For Complex Projects ($3 million to $10 million) increase the Calculated Conventional $ Fee by 15%

For Complex Projects (over $10 million) increase the Calculated Conventional $ Fee by 10%



PRE-DETERMINED HOURLY RATES

Years Experience

$/Hour (GST Exclusive)

GST (@ 10%) $/Hour (GST

Inclusive)

Partner / Director 20 242.50 24.25 266.75

Associate / Senior Quantity Surveyor

15 203.33 20.33 223.66

Quantity Surveyor 10 159.48 15.95 175.43

Graduate Quantity Surveyor

< 5 years 132.44 13.24 145.68

Effective 19 December 2014

ATTACHMENT 1 – COST PLANNING GUIDE


ATTACHMENT 1 - PROJECT COST PLANNING GUIDELINES FOR CONSULTANTS

(September 2011 Revision)

CONTENTS

Introduction

Page 1

Business Case Capital Cost Plan

Pages 2 - 4

The Cost Planning Pro-forma Method of Measurement of Building Areas

Pages 5 - 7 Pages 8 - 9

Definition of Elements

Pages 10 - 19

Elemental Units of Measurement

Pages 20 - 21

Non-residential Building Project Management Process Annexure A

WEBSITE_VERSION_Request-Cost-Management-Services-Panel 18 12 2014.docx Page 58 of 94

INTRODUCTION

To be effective, the Western Australian Government's Strategic Asset Management Framework (SAMF) applied to non-residential building works requires reliable cost estimating and planning during the project Evaluation, Definition and Delivery phases.

This booklet contains information specifically written to assist consultants in preparing and reporting on project costs for Building Management and Works (BMW) managed projects. The cost plan pro-formas provide a consistent reporting format and shall be used when presenting cost plans and estimates for review, analysis, evaluation and key performance measurement.

The pro-forma formats and definitions are derived from the Australian Institute of Quantity Surveyors Cost Control Manual (2001 revision).

The BUSINESS CASE CAPITAL COST PLAN (BUILDINGS) pro-forma (refer pages 2 and 3) is the first cost template in the cost estimation process (Evaluation stage). Further cost templates follow in each of the Definition and Delivery phases (page 4), each characterised by the same framework with additional detail. The BMW cost plans shall be used when providing cost information on building work and internal services elements at each stage of the project management process for non-residential buildings. At the Evaluation stage (Business Case), projects with more than one building or cost component can be accommodated on the cost plan. By the Delivery phase, projects with more than one building must have separate cost plans for each building.

The PROJECT COST PLAN SUMMARY pro-forma (refer page 3) allows the external works and services costs, other project costs and a summary of the single building costs to be combined on one page. The ESTIMATED TOTAL COMMITMENT box must total all costs related to the project.

After the introduction of the Goods and Services Tax (GST) on 1 July 2000 all elemental costs will continue to be reported as GST exclusive. A separate cell at the end of the Project Cost Plan Summary has been provided for the overall GST component.

A review of the cost plan is carried out at the end of the following phases:

Project definition

Schematic design

Design development

Contract documentation (before tenders are called)

For further information relating to this booklet please contact Patrick Whelan at BMW. Optima Building, 16 Parkland Road, Osborne Park 6017. Telephone: (08) 6551 1992 Facsimile (08) 6551 2130. Email: [email protected] BMW Internet Home Page: http://www.bmw.wa.gov.au

Note: Copies of the Single Building Cost Plan are available from the Department of Finance on Microsoft Excel spreadsheet


Business Case Capital Cost Plan (Buildings)

A. Fill in each of the boxes or write "n/a" if the element is not applicable B. Elemental Costs include design contingency, locality costs, market conditions and escalation during construction

C. All Elemental Costs are exclusive of GST

Cost Plan Date

Building Cost Index

PROJECT -

Location

BUILDINGS Gross Floor Areas GFA Rate Elemental Cost

-

-

-

-

-

Total GFA and Building Cost - $ -

Site Works Site Services Sub-Division Works and Services Other Costs (incl Preliminaries

External Works and Services Subtotal

Total Construction Cost (Subtotal) $ -

Land Acquisition

Client Contingency (Planning)

Design Contingency

Construction Contingency Headworks and Statutory Charges Building Act Compliance and BCITF Levy

Percent for Art

BMW Buy Local and Indegenous Policies

Loose Furniture and Equipment

Other - Special Provisions

Professional Fees (excl Lead Consultant ConAdmin)

Apprentice Scheme

Subtotal

NET PROJECT COST (At Current Prices) $ -

Expected Tender Date Escalation Rate (%)

per annum

Escalation Allowance #DIV/0! #DIV/0!

BMW Management (incl Lead Consultant ConAdmin)

ESTIMATED GROSS PROJECT COMMITMENT #DIV/0!

Goods and Services Tax #DIV/0!

TOTAL ETC ANTICIPATED CASHFLOW (excl. GST) Year 1 Year 2 Year 3 Year 4 Carryover

2010/ 11 2011/ 12 2012/ 13 20___/___ 20___/___

#DIV/0! #DIV/0!

TOTAL CASHFLOW EXCLUDING BMW APPROPRIATION (if applicable) Year 1 Year 2 Year 3 Year 4 Year 5

2010/ 11 2011/ 12 2012/ 13 20___/___ 20___/___

#DIV/0! $ - $ - #DIV/0!

BMW MANAGEMENT APPROPRIATED CASHFLOW (if applicable) Year 1 Year 2 Year 3 Year 4 Year 5

2010/ 11 2011/ 12 2012/ 13 20___/___ 20___/___

$ - Is there an asset disposal associated with this project? (if so, please include a separate anticipated revenue cashflow information.)

No Yes


PROJECT COST PLAN SUMMARY

Indicative Cost Building Cost Index Cost Plan Date Preliminary Estimate Limit of Cost Estimate

Tender Estimate

PROJECT Location BUILDINGS GFA GFA Rate

(From Single Building Cost Plans) Elemental Cost 1 2 3 4 5 Total GFA and Building Cost

Code AIQS Element CE Centralised Energy Systems Insert N/A Insert N/A AR Alterations and Renovations (Demolition Works) XP Site Preparation Insert N/A XR Roads, Footpaths and Paved Areas Insert N/A XN Boundary Walls, Fencing and Gates Insert N/A Insert N/A XB Outbuildings and Covered Ways - Carports XL Landscaping and Improvements Insert N/A Insert N/A External Works Subtotal (CE to XL) XK External Stormwater Drainage Insert N/A XD External Sewer Drainage Insert N/A XW External Water Supply Insert N/A XG External Gas Insert N/A XF External Fire Protection Insert N/A XE External Electric Light and Power Insert N/A XC External Communications Insert N/A XS External Special Services Insert N/A Insert N/A External Services Subtotal (XK to XS) XR Roads, Footpaths and Paved Areas Insert N/A XK External Stormwater Drainage Insert N/A XD External Sewer Drainage Insert N/A XW External Water Supply Insert N/A XG External Gas Insert N/A XE External Electric Light and Power Insert N/A XC External Communications Insert N/A Insert N/A Sub-Division Works and Services Subtotal (XR to XC) XX External Alterations and Renovations Insert N/A PR Proportion of Preliminaries Insert N/A Insert N/A TOTAL CONSTRUCTION COST SUBTOTAL YY Design Contingency YY Construction Contingency YY Headworks and Statutory Charges YY Building Act Compliance and BCITF Levy YY Public Art LC Land Costs (if applicable) FE Loose Furniture and Equipment 15% YYSP Other Costs - Special Provisions YYSP Relocation Costs and Disbursments YYSP Computing Equipment and Services 3.5% PF Professional Fees (excl Lead Consultant Con Admin) BMW Apprentice Scheme *5.00% BMW BMW Buy Local Policy *5.00% NET PROJECT COST (At Current Prices) Tender Da ET Escalation to Tender BCI #DIV/0! #DIV/0! BCI

ESCALATED NET PROJECT COST BMW BMW Management (incl Lead Consultant ConAdmin) YYSP Special Client Provisions (NOT managed by BMW #DIV/0!

ESTIMATED GROSS PROJECT COMMITMENT #DIV/0!

* Delete if not appropriate for the project location.


SINGLE BUILDING COST PLAN

Tick one box

Indicative Cost Cost Plan Date Preliminary Estimate Building Cost Index

Limit of Cost Estimate

Tender Estimate

Building

Number of Storeys Fully Enclosed Covered Area Location Unenclosed Covered Area

Functional Unit Gross Floor Area (GFA) Function Quantity Usable Floor Area

Code AIQS Element

Elemental Quantity

Elemental Rate

GFA Rate Elemental

Cost SB Substructure Insert N/A Insert N/A CL Columns Insert N/A Insert N/A UF Upper Floors Insert N/A Insert N/A SC Staircases Insert N/A Insert N/A RF Roof Insert N/A Insert N/A EW External Walls Insert N/A Insert N/A WW Windows Insert N/A Insert N/A ED External Doors Insert N/A Insert N/A NW Internal Walls Insert N/A Insert N/A NS Internal Screens and Borrowed Lights Insert N/A Insert N/A ND Internal Doors Insert N/A Insert N/A Superstructure Subtotal (CL to ND) Insert N/A WF Wall Finishes Insert N/A Insert N/A FF Floor Finishes Insert N/A Insert N/A CF Ceiling Finishes Insert N/A Insert N/A Finishes Subtotal (WF to CF) Insert N/A FT Fitments Insert N/A Insert N/A SE Special Equipment - White Goods Insert N/A Fittings Subtotal (FT & SE) Insert N/A SF Sanitary Fixtures Insert N/A PD Sanitary Plumbing Insert N/A Insert N/A WS Water Supply Insert N/A GS Gas Service Insert N/A Insert N/A SH Space Heating Insert N/A Insert N/A VE Ventilation Insert N/A Insert N/A EC Evaporative Cooling Insert N/A Insert N/A AC Air Conditioning Insert N/A Insert N/A FP Fire Protection Insert N/A Insert N/A LP Light and Power Insert N/A Insert N/A CM Communications Insert N/A Insert N/A CM Transportation Systems Insert N/A TS Special Services Insert N/A SS Special Services (Security System) Insert N/A Services Subtotal (SF to SS) Insert N/A PR Proportion of Preliminaries - Included in Rates Insert N/A BUILDING COST TOTAL Insert N/A

Note: Single Building Cost Plan repeats for each building from PDP onwards. The more detail, the

greater greater the explanation of cost. Copies of the Project Cost Plan Summary are available from BMW as a Microsoft Excel

spreadsheet.


THE COST PLANNING PRO-FORMA

Generally

Business Case Capital Cost Plan (page 2) reads totals from the following Project Cost Plan Summary (page 3), which in thurn draws totals from the Single Building Cost Plan (page 4).

At Business Case (Project Evaluation stage), only the Business Case Capital Cost Plan and Project Cost Plan Summary are used. Most items are entered on the Project Cost Plan Summary.

At Project Definition stage, only the Project Definition Capital Cost Plan and Project Cost Plan Summary are used. Most items are entered on the Project Cost Plan Summary.

At Project Delivery stage, the Project Capital Cost Plan, Project Cost Plan Summary, and a Single Building Cost Plan for each building in the project are used. Most items are entered on each Single Building Cost Plan.

Business Case Capital Cost Plan (Buildings)

Most of the data on his sheet is entered on the Project Cost Plan Summary and read through to this sheet, with the exception of the cash-flow, which is calculated. An examination of the formulae in these cash-flow cells will demonstrate the distribution. Years/formulae can be manipulated to a different distribution, but this should be discussed with the Project Manager before any action is taken..

If asset disposal is included, the bottom of this sheet is where that information is flagged.

Project Cost Plan Summary

Buildings Gross Floor Area (GFA):

– Definition: See Method of Measurement of Building Areas.

– At Business Case and PDP stages: Source is client accommodation schedule. Number is entered here.

– At Delivery: Entered on each Single Building Cost Plan.

GFA Rate: – At Business Case and PDP stages: Entered at this point as the multiplier to convert area to

cost. – At Delivery: Calculation derived from Building Cost Total (Single Building Cost Plan)

divided by GFA for each building

– Rate inclusions: Either individual element rates from the Single Building Cost Plan or a single cost/m2 for the whole building. Elemental and whole building rates must include regional factors to allow for differing construction costs in different regions of the state, as well as a percentage for sustainability initiatives.

External and Subdivisional Works and Services These costs are not pure building costs, but are legitimate construction costs that belong to the project. This is the only place in the Cost Plan Template that these estimations can be recorded. Total Construction Cost (Subtotal) An automatic calculation that totals building, external works and services, and subdivisional works and services. Planning Contingency Allow up to 10% of Total Construction Cost, depending on uncertainty. This contingency is:

– applied until certainty of accommodation schedule is achieved, which depends on when final users are included in the decision-making process (may be as late as Schematic Design). It is not for scope changes.

– for additional floor area over and above the business case/PDP accommodation schedule, and is not to be used for any other purpose unless there is a floor area component.


By completion of the Project Definition Plan (or Schematic Design if final user input is delayed to that point), the planning contingency must be reduced to $0 (applied in full or part, with any residual amount returned to Treasury).

The Planning contingency does not appear in the PDP Cost Plan, and any carry over amounts for Schematic Design are added to the Design Contingency.

Design Contingency Allow up to 20% of Total Constructon Cost, depending on uncertainty. This contingency is:

– applied until construction documentation is completed and all “unknowns” have been discovered.

– for design issues that were unforeseen during the planning process. Uncertainty is greater in refurbishments than in new builds.

By tender, the design contingency must be reduced to $0 (applied in full or part, with any residual amount returned to Treasury).

Construction Contingency Allow 3% to 10% of Total Construction Cost for managing construction uncertainty. This is not an errors and omissions contingency. Construction uncertainty will be higher in old building refurbishments or additions. Headworks and Statutory Charges Cost Planner to advise. Note:

All calculations to follow marked with an asterisk (*) rely on a percentage of the Total Construction Cost. Before this percentage is calculated, the Planning, Design and Construction Contingencies must be added to the Total Construction Cost before calculating the percentage.

*Building Act Compliance and BCITF Levy Generally: BCA 0.5% to 0.7% and BCITF Levy 0.2%. Specifically:

a) Building Levy: 0.09%.

b) Building Surveyor’s fee: ≈ 0.2%

c) Building Permit fee: 0.09% (minimum $90).

d) Occupancy Permit fee: $90.

e) Demolition fee: $100/storey (if applicable).

f) BCITF: 0.2%

*Public Art Applies to projects valued at over $2,000,000. Up to 1%. Actual amount is to be negotiated with the agency. Land Costs (if applicable) $ figure to be obtained from agency through BMW. $ figure includes fees as well as land purchase price. *Loose Furniture & Equipment $ figure to be obtained from agency through BMW. $ figure can vary between 2.5% and 15%. Other Costs Special provisions that are part of the project cost, are managed by BMW, but are agency specific, such as:

– Police: Equipment such as firearm unloading devices or personal starionary lockers; $ figure to be obtained from agency through BMW.


– *Health: Special built in medical equipment; $ figure to be obtained from agency through

BMW. Likely to approximate to 1% but may vary considerably from project to project.

– Other agency specific equipment/costs (e.g. The Zoo, Sport & Rec, etc.). Again, $ figure from agency through BMW.

Standard provisions that are common to most projects:

– Relocation costs and disbursements. The costs of physically moving, includes removalist costs. The agency may have historical data to inform an allowance.

– *Computing equipment and services. $ figure to be obtained from agency through BMW. Likely to approximate to 3.5% but may vary considerably from project to project.

*Professional Fees (excluding lead consultant contract admin) Fees calculated by BMW calculator spreadsheets. This fee must exclude Building Surveyor (BCA Compliance Consultant) fees. *Priority Start Apprenticeship Scheme ≈ 0.14%, but needs to be calculated for all projects by the BMW Planning Manager. (http://infonet/BMW/knowledge/documents/panels/cost_management_panel/appropriation_model_appendices_calculator.xlsm). The levy is exacted on projects with labour components between $300,000 and $6,000,000 (construction costs between $909,090.90 and $18,181,818.18 based on a 33% labour content). The value depends on the length of the construction period and the number of apprentices required, which is dependent on the construction cost. *Escalation to Tender Tender date in business case cost plan should make allowance for unexpected delays and not just smooth sailing. This should include an escalation contingency period, at the direction of the BMW Planning Manager. BMW Management (including lead consultant contract administration) The BMW Management fee is an appropriation from the project budget made directly to BMW to cover the costs of managing the project and administering the construction contract. This appropriation is based on a sliding scale and spread over three project classifications: simple, standard and complex. The BMW calculator is a spreadsheet for project valued from $100,000 to $50,000,000. The spreadsheet can be found at: http://infonet/BMW/knowledge/documents/panels/cost_management_panel/appropriation_model_appendices_calculator.xlsm. For projects

valued greater than $50,000,000, or with alternative procurement methods, or capital funded maintenance programs,

the complexity and value of the appropriation must be referred to the appropriate Infrastructure Delivery Director by the BMW planning manager. The value on which the BMW Management fee is calculated is the Escalated Net Project Cost minus any of the figures between Total Construction Cost and Net Project Cost (At Current Prices) that are not managed or administered by the BMW Project Manager. These non-BMW managed costs should be included in Special Client Provisions (not managed by BMW).


Special Client Provisions (NOT managed by BMW or cost recouped from agency) For items bought by the agency and delivered/installed after practical completion, the cost of which is still a legitimate project cost. This could include equipment or agency project direction fees (agency’s own or agency appointed) and project planning and acquisition costs (agency appointed consultants such as Legal and Environmental), Land costs (where there is no BMW involvement) and PDP preparation costs or other (recouped from agency). $ figure from agency through BMW or from BMW. Note: BMW’s Indigenous Tendering Preference policy (10% to a maximum of $100,000) and BMW’s Buy Local Policy (5% to a maximum of $50,000) are not allowances, but adjustments to tender prices within the project budget. Buy Local is applied first. No additional funding is required to effect these policies.


METHOD OF MEASUREMENT OF BUILDING AREAS

GROSS FLOOR AREA (G.F.A.)

The sum of the 'Fully Enclosed Covered Area' and 'Unenclosed Covered Area' as defined.

Unit of Measurement: Square Metre (m²)

FULLY ENCLOSED COVERED AREA (F.E.C.A.)

The sum of all such areas at all building floor levels, including basements (except unexcavated portions), floored roof spaces and attics, garages, penthouses, enclosed porches and attached enclosed covered ways alongside buildings, equipment rooms, lift shafts, vertical ducts, staircases and any other fully enclosed spaces and usable areas of the building, computed by measuring from the normal inside face of exterior walls but ignoring any projections such as plinths, columns, piers and the like which project from the normal inside face of exterior walls.

F.E.C.A. shall not include open courts, light wells, connecting or isolated covered ways and net open areas of upper portions of rooms, lobbies, halls, interstitial spaces and the like which extend through the storey being computed.

Unit of Measurement: Square Metres (m²)

UNENCLOSED COVERED AREA (U.C.A.)

The sum of all such areas at all building floor levels, including roofed balconies, open verandahs, porches and porticos, attached open covered ways alongside buildings, undercrofts and usable space under buildings, unenclosed access galleries (including ground floor) and any other trafficable covered areas of the building which are not totally enclosed by full height walls, computed by measuring the areas between the enclosing walls or balustrade (i.e. from the inside face of the U.C.A. excluding the wall or balustrade thickness). When the covering element (i.e. roof or upper floor) is supported by columns, is cantilevered or is suspended, or any combination of these, the measurements shall be taken to the edge of the paving or to the edge of the cover, whichever is the lesser.

U.C.A. shall not include eaves overhangs, sun shading, awnings and the like where these do not relate to clearly defined trafficable covered areas, nor shall it include connecting or isolated covered ways (element XB).


USABLE FLOOR AREA (U.F.A)

The sum of the floor areas measured at floor level from the general inside face of walls of all interior spaces related to the primary function of the building. This will normally be computed by calculating the 'Fully Enclosed Covered Area' (F.E.C.A) and deducting all of the following areas supplementary to the primary function of the building:

DEDUCTIONS -

(a) Common Use Areas

All floored areas in the building for circulation and standard facilities provided for the common use of occupiers, tenants and/or the public such as lobbies and foyers to entrances, stairways and lifts, stairways, landings and fire escapes, verandahs and balconies, corridors and passages, toilet and rest room areas, cloak and locker areas, cleaner's rooms including stores and cupboards, tea making and similar amenities areas.

(b) Service Areas

All areas set aside for building plant supplying services and facilities common to the building for the use of occupants, tenants and/or public, such as mechanical plant and equipment rooms, electrical equipment and switchrooms, tank rooms, lift motor rooms, meter cupboards, telecommunication switchrooms, refuse collection areas, loading bays and all car parks including access ways thereto.


(c) Non-habitable Areas

All non-habitable building space such as that occupied by internal columns and other structural supports, internal walls and permanent partitions, lift shafts, service ducts and the like.



DEFINITIONS OF ELEMENTS

PRELIMINARIES

PR PRELIMINARIES

It INCLUDES preliminary items as defined in Section 2 of the Australian Standard

Method of Measurement of Building Works (5th Edition), where ascertainable.

SUBSTRUCTURE

SB SUBSTRUCTURE - The structurally sound and watertight base upon which to build.

It INCLUDES basement and foundation excavations; piers, piles, pedestals, beams and strip footings; foundation walls; drop aprons; hardcore filling; work slabs and damp-proofing or other membranes; floor structures; subsoil drainage; ducts, pits, bases and service tunnels; entrance steps, ramps and their finishes; steps and ramps in the one floor level; structural screeds and toppings; covered swimming pools; all other work up to but excluding the lowest floor finish.

It EXCLUDES 'Site Preparation' (XP); basement walls (EW); columns above tops of bases (CL, EW, NW); 'Floor Finishes (FF); all non-structural work associated with the internal services.

SUPERSTRUCTURE

CL COLUMNS (FRAMED BUILDINGS) - The upright supports to upper floors and roof forming part of a framed structure.

It INCLUDES internal and external columns from tops of columns to bases; column casings; all protective non-decorative coatings.

It EXCLUDES portal frames (RF); columns to non-framed (load bearing) structures (EW, NW); columns supporting awnings and attached covered ways (RF); columns supporting exposed attached external stairs (SC); all finishes (EW, WF).

Note: Columns below lowest floor finish (e.g. in filled areas) are included in this element because of the impracticability of splitting a column into two elements.

UF UPPER FLOORS - Floor structures above that at the lowest level.

It includes all beams; concrete, precast and in-situ floors; waffle slab and filler block floors; metal floors; computer floors; timber framed floors; structural screeds and toppings; concealed insulation; balconies; overhangs and sunhoods integral with floors; steps and ramps in the one floor level; all protective non-decorative coatings.

It EXCLUDES landings and ramps between floor levels (SC); balcony balustrades (EW); internal and external finishes (SC, EW, FF, CF).

SC STAIRCASE - The structural connections between two or more nominal floor levels or to roof, plant rooms and motor rooms together with associated finishes.

It INCLUDES landings; ramps between floor levels; fire escapes; supporting framework; access ladders; spiral staircases; tread, riser, string and soffit finishes; balustrades and handrails.

It EXCLUDES steps and ramps at changes in the one floor level (SB, UF); ground level entrance steps (SB); lifts and escalators (TS).

RF ROOF - To provide a structurally sound and watertight covering over the building.


It INCLUDES portal frames; roof construction; gable and other walls in roof spaces; parapet walls and roof balustrades; thermal insulation rooflights and dormers with their sunscreenings; eaves, verges and fascias; rainwater goods; internal stormwater drainage runs; awnings and open lean-to roofs; all protective non-decorative coatings.

It EXCLUDES rainwater goods to balconies and other unenclosed floor areas (UF); all non-structural work associated with the internal services; independent roofs to exposed attached external stairs (SC).

EW EXTERNAL WALLS - The vertical enclosure around the building other than 'Windows' and 'External Doors' from 'Substructure' to 'Roof'.

It INCLUDES structural walls; basement walls and tanking above lowest floor finish; spandrel, curtain and window walls; external shop fronts; glazed screen walls; columns and isolated piers to non-framed (load bearing) structures; gallery and balcony walls and balustrades; solar screen walls; plant room air flow screens; all insulation to external walls; all external finishes to all columns, slab edges, beams, projecting overhangs and walls; lintels and flashings at openings; ring beams and stiffening beams not integral with floor, ceiling or roof slabs.

It EXCLUDES all internal finishes to external walls (except screens and the like) and columns (WF); sills, thresholds and linings (WW, ED); walls in 'Roof' (RF) and 'Substructure (SB) and all doors (ED); sun protection to windows (WW) and sunhoods integral with floors (UF); fire places, hearts, flues and stacks (SH, SS); beams integral with slabs (UF, RF).

WW WINDOWS - Opening in 'External Walls' to provide light and ventilation.

It INCLUDES flyscreens; louvres, guard grilles; remote control gear; sun protection to windows; curtains, blinds, track and pelmets, window sills and linings; hardware; decoration.

It EXCLUDES lintels and flashings (EW); special blackout facilities (SE); rooflights and dormers (RF); window walls and glazed screens (EW); sunhoods integral with floors (UF); solar screen walls (EW); window cleaning equipment (SE).

Note: Includes hardware and decorations, glazing and infill panels within window frames.

Clerestory windows occurring in external walls to clerestorys are included in this element.

ED EXTERNAL DOORS - The access ways into the building both for pedestrians and vehicles.

It INCLUDES frames; linings; glazing; architraves; hardware; panels and highlights over; flydoors; roller shutters; garage doors; fire doors; grille and chain wire doors; gates; service cupboard doors and thresholds; decoration.

It EXCLUDES frames forming an integral part of the wire mesh or glazed screen walls (EW); lintels and flashings (EW); under floor access doors (SB); framing and glazing to sidelights to doors with or without highlights (EW).

NW INTERNAL WALLS - Permanent division of internal spaces into separate rooms or to enclose duct and other non-usable areas.

It INCLUDES walls; internal columns and isolated piers to non-framed (load bearing) structures; lintels, damp courses and bearing strips; stiffening beams not integral with floor, ceiling or roof slabs; part height solid walls glazed over to ceiling; unducted air-flow grilles; fire walls and smoke screens.

It EXCLUDES 'Internal Screens and Borrowed Light' (NS); wall finishes (WF); works in 'Roof' (RF) and 'Substructure' (SB); part height solid walls (NS); fireplaces, hearths, flues and stacks (SH, SS); beams integral with slabs (UF, RF).


Note: Part height solid walls are screens (by definition) and included in element NS.

NS INTERNAL SCREENS AND BORROWED LIGHTS - To screen off or temporarily divide internal spaces into separate compartments and to allow the transfer of light through 'Internal Walls'.

It INCLUDES proprietary type office partitioning; glazed screens; internal shop fronts; fold away and operable walls; overhead frameworks and supporting beams; chain wire and grille screens; toilet partitions and screen walls; borrowed lights; balustrades and rails not associated with staircases; all finishes and decorations.

It EXCLUDES all doors (ND); counters and wall hatches (FT).

ND INTERNAL DOORS - Passage ways through 'Internal Walls' internal screens and partitions and to provide access to service cupboards and ducts.

It INCLUDES frames; linings; glazing; architraves; pelmets; hardware and door grilles; chain wire and grille doors; toilet doors; cell and strong room doors; fire doors; roller shutters; service cupboard doors; duct access panels; fanlights and panels over and linings to blank openings; decoration.

It EXCLUDES frames forming integral parts of demountable, wire mesh or glazed screens, etc. (NS); lintels (NW); framing and glazing to sidelights to doors (NS).

FINISHES

Note: Re - Finishes Generally:

Where a finish incorporates a special type of formwork, only that cost which is extra over the cost of rough formwork is to be included in the finish. The rough formwork cost is part of the structure.

WF WALL FINISHES - To finish and decorate all interior faces of 'Columns', 'External Walls' and 'Internal Walls'.

It INCLUDES finishes to internal faces of external walls and columns; acoustic wall linings; extra costs involved for face bricks, face and coloured blocks and off form concrete; splashbacks, dados and regulation wall vents.

It EXCLUDES finishes to 'Internal Screens and Borrowed Lights' (NS); skirtings (FF) and cornices (CF); all external finishes to external walls and columns (EW); finishes to both sides of external screens (EW); all protective non-decorative coatings.

Note: Finishes to 'Internal Screens and Borrowed Lights' (NS) are included in that element.

Finishes to internal faces of external screens, etc. are included with the relevant sub-elements in 'External Walls' (EW).

FF FLOOR FINISHES - To provide a satisfactory finish to 'Upper Floors' and 'Substructure' for walking on.

It INCLUDES all preparatory work and finishing; balcony floor finishes; skirtings; screeds; timber floor finishes; dividing strips; mats and matwells; duct and pit cover; carpeting used as a permanent floor finish; timber and other finishes to concrete floors; finishes to steps in the one floor level.

It EXCLUDES structural screeds and toppings (SB, UF); landing and stair finishes (SC); trafficable roof covering (RF); timber framed floors (UF, SB); finishes to external thresholds (ED); door sills (ED, ND).

Note: Element includes all floor finishes to areas measured in the 'Gross Floor Area' (G.F.A.).

CF CEILING FINISHES - To finish and decorate all internal soffits of 'Upper Floors' and 'Roof' over rooms and external soffits over unenclosed covered areas.


It INCLUDES preparatory work; suspended false ceilings; proprietary suspended ceiling systems; acoustic ceiling linings; extra costs involved for off form concrete; linings to roof lights; ceiling manholes; framing to bulkheads and cornices.

It EXCLUDES eaves soffits (RF); stair and landing soffits (SC); ceiling joists where not suspended (UF, RF); soffits of projecting overhangs (EW); all protective non-decorative coatings (UF, SC, RF); air conditioning grilles (AC).

FITTINGS

FT FITMENTS - To fit out the building with built-up fitments and fixed items included in the main contract.

It INCLUDES benches; cupboards; shelving; racks; seats; counters; chalkboards; notice boards, signs and name plates; coat rails and hooks; mirrors; wall hatches; daises and stages.

It EXCLUDES loose furniture and furnishings (YY); curtains and blinds (WW); 'Special Equipment' (SE); 'Internal Screens and Borrowed Lights' (NS).

SE SPECIAL EQUIPMENT - To provide items of equipment of unitary, commercially available type and/or of a type not covered by other elements.

It INCLUDES window cleaning, gymnasium, mortuary and photographic equipment; audio-visual aids; laboratory, laundry, kitchen and central sterile services department (C.S.S.D) type equipment; dental and workshop equipment; boiling water units; sink heaters; laboratory stills; special blackout facilities; bed pan washers; linen and refuse disposal equipment; refrigerators and refrigerated drinking water coolers; incinerators; sanitary macerators; circulating fans; all cold, hot, gas and other valves and cocks, controls, electric wiring and piping integral with this equipment; specified Builders work in connection with this equipment.

It EXCLUDES cool rooms and process cooling, incineration plant of custom design of built-up type, and other 'Special Services' (SS) or 'External Special Services' (XS); loose equipment not covered in the main contract (YY); fire fighting equipment (FP); 'Sanitary Fixtures' (SF); refrigeration plant associated with air conditioning (AC).

SERVICES

SF SANITARY FIXTURES - To fit out the building with normal fixtures connected to the soil and waste plumbing systems and all associated ancillaries.

It INCLUDES W.C. suites; urinals; basins; sinks and tubs; troughs and runnels; drinking fountains; slop hoppers; showers; hobs; shower curtains and trays; terminals outlets integral with fixtures; flusherette valves; soap and toilet paper holders; towel rails and hand driers.

It EXCLUDES sanitary macerators, bed pan washers, kitchen, laundry and sterilising equipment and refrigerated drinking water coolers (SE); sanitary incinerators (SS); floor wastes and all loose traps (PD); terminal outlets not integral with fixtures (WS).

PD SANITARY PLUMBING - The disposal of all waste and soiled water from fixtures and equipment out to the external face of external walls.

It INCLUDES stacks and vents; all loose traps; floor wastes; internal sewer drainage runs, pumps and ejectors; acid resisting pipes and drains; box ducting and paintwork.

It EXCLUDES rainwater disposal systems (RF); incinerator flues (SE, SS, XS); duct access panels (ND).

WS WATER SUPPLY - Systems to supply water from point of building entry to the points of consumption. The water may be at ambient temperature, heated or cooled and may be treated by clarification, filtration, softening, de-mineralisation,


distillation, desalination or other means. The water may be supplied from town mains, bores, rivers, lakes, rainwater tanks, centralised energy systems or other sources.

It INCLUDES storage tanks; pumps; water treatment plants; water heaters and coolers; reticulation pipework including pipeline components; terminal outlets not integral with fixtures and/or equipment; controls other than those associated with water consuming items of equipment; box ducting; insulation; sheathing; painting and identification; building and electrical work forming part of the Contract for water supply.

It EXCLUDES meters, extensions and connections to town mains or other sources (XW); self-contained unitary equipment such as boiling water units, sink heaters and laboratory stills (SE).

GS GAS SERVICES - To supply town, natural, simulated natural and liquified petroleum gas from point of building entry to points of consumption. The gas may be supplied from town mains, storage cylinders, bulk storage tanks or other sources.

It INCLUDES portable gas cylinders; booster compressors; manifolds and regulators; box ducting, painting and identification; building and electrical work forming part of the gas services element; reticulation pipework and pipeline components; terminal outlets not integral with fixtures and/or equipment; gas detection systems.

It EXCLUDES outlet cocks integral with appliances (SE); hot water heaters (SE, WS); space heaters (SH) and other like equipment; meters and extensions and connections to town mains or other sources (XG).

Note: Gas appliances forming part of an air conditioning, space heating water supply system or other system should be included under the appropriate element.

Gas controls, valves, regulators and other pipelines components directly associated with gas fired equipment should be included under the element appropriate to the gas fired equipment.

SH SPACE HEATING - To heat the interior of buildings by means of convection, radiation or any other form of heating.

It INCLUDES unitary heaters; reticulated steam, hot water or hot oil systems; warm air systems; electric floor or ceiling heating systems; fireplaces, hearths and associated work in chimney stacks; boiler plant installed within the heated building and servicing only element (SH) in that building; insulation and painting; controls and associated electrical work.

It EXCLUDES any system which also provides air cooling ('Air Conditioning' (AC) or 'Evaporative Cooling' (EC).

Note: Boiler plant and pipe reticulation located outside the building served and serving multiple buildings, or serving other elements such as AC or WS to be included under 'Centralised Energy Systems' (CE).

Gas storage and reticulation systems to be included under 'External Gas' (XG) if located outside the building served or if serving other elements, or 'Gas Service' (GS) if located within the building served, otherwise to be included in SH.

Electric cabling terminates at junction with 'Electric Light and Power' (LP).

Controls and electric wiring integral with equipment items to be included with those items.

VE VENTILATION - To ventilate buildings by means of supply and/or exhaust systems.


It INCLUDES mechanical ventilators; non-mechanical roof ventilators; supply and/or exhaust fans; ducted systems; exhaust hoods; ducting, plant, controls and associated electrical work.

It EXCLUDES any system which also involves heating (SH); 'Air-conditioning' (AC); 'Evaporative Cooling' (EC); circulating fans (SE); regulation wall vents (WF); door grilles (ND); plant room air flow screens (EW); louvred windows (WW).

Note: Dust extraction to be included under 'Special Services' (SS).


EC EVAPORATIVE COOLING - To cool air within a building by evaporative processes; the system can include ancillary heating.

It INCLUDES evaporative coolers, rock bed regenerative systems and ancillary heating devices; ducting, insulation, painting and associated electrical work.

It EXCLUDES door grilles (ND); 'Air Conditioning' (AC); systems which heat (SH) and/or ventilate (VE) only.

Note: Air relief grilles in doors and walls to be included under respective building element.


AC AIR-CONDITIONING - To maintain and control temperature, humidity and quality of air within predetermined limits within buildings.

It INCLUDES package air conditioners; systems for cooling only; ductwork, plant, controls and associated electrical work; air conditioning grilles.

It EXCLUDES door grilles (ND) and systems which heat (SH) and/or ventilate (VE) only; special cool rooms (SS); special hot rooms (SS); 'Evaporative Cooling' (EC).

FP FIRE PROTECTION - To detect and/or extinguish fires.

It INCLUDES sprinklers and other automatic extinguishing systems; fire indicator board; manual and automatic fire alarm installations; fire fighting equipment; hydrant installations and hose reels and cupboards; hand appliances.

It EXCLUDES fire doors (ED, ND); fire proofing (CL, UF, RF, WF, CF, etc).

LP ELECTRIC LIGHT AND POWER - To provide all light and power and emergency light and power from and including main distribution board to and including power outlets and light fittings.

It INCLUDES main distribution board; sub-mains and distribution boards; emergency lighting systems; power sub-mains to mechanical equipment and sub-mains and/or sub-circuits to other equipment and/or final sub-circuits.

It EXCLUDES other electrical installations listed under other elements such as 'Special Services' (SS); 'Communications' (CM) and 'Centralised Energy Systems' (CE).

*Where the main switchboard supplies only building, it shall be considered as a main distribution board.

CM COMMUNICATIONS - To provide audio and video communication within a building.

It INCLUDES the following systems - Telecom telephone, internal telephone, public address, call, emergency warning and intercommunication, personal paging, clock and/or bell, TV antenna and closed circuit TV.

It EXCLUDES document hoists and conveyor system (TS); cables between buildings (XC).


Note: Document hoists and conveyor system to be included in TS. cables between buildings to be included in XC.

PABX telephone systems installed and funded separately from the building contract should be included under YY 'Other Items'.

TS TRANSPORTATION SYSTEMS - To transport personnel and/or goods from floor to floor or area to area.

It INCLUDES all lifts, hoists and conveyor systems; escalators; all associated equipment and work other than structural building work.

It EXCLUDES such items as walls to shafts and lift wells and machine rooms (EW, WW).

SS SPECIAL SERVICES - To provide services or installations not covered by other elements.

It INCLUDES monitoring systems; cool rooms and process cooling; special conditioned rooms; staircase pressurisation systems; compressed air; medical and industrial gas systems; dust extraction systems; security systems; lightning protection; stage lighting and theatre equipment; reticulated soap dispenser systems; laundry, heat and water reclaim systems and the like.

It EXCLUDES equipment items (SE); communication services (CM).

CENTRALISED ENERGY SYSTEMS

CE CENTRALISED ENERGY SYSTEMS - To produce and supply steam, heating, hot water, chilled water and/or other cooling or heating media and/or site generated electrical energy to a number of buildings and/or to multiple energy consuming elements.

It INCLUDES the piping reticulation within central plant room or plant house and up to branch off-takes to energy consuming functional elements; sections of the main piping reticulation running to, within or through buildings served; cabling within the central plant room or house and all work which forms part of the energy system element; buildings to house such plant, service tunnels, ducts and/or conduits.

It EXCLUDES emergency generating plant and cabling from central switchboard to other buildings (XE).

Note: Interfaces between element CE and other elements are those points where branches serve single elemental systems or where branches leave common mains within buildings to serve single elemental systems.

Centralised Energy Systems may range from very large boiler and/or chiller and/or electrical generating plants serving large and complex sites such as airports, major hospitals, universities or colleges to small boiler installations supplying energy to say space heating and domestic hot water systems in relatively small single buildings such as school classroom blocks, pavilion type hospital wards and so on.

Where energy generators supply the whole of their production to one functional system only and are contained within the alignment of the building served they are to be considered as part of that functional system.

Engineering systems serving the central plant room or plant house are to be included under appropriate elements for the building housing the centralised energy plant.

ALTERATIONS

AR ALTERATIONS AND RENOVATIONS - To alter or renovate any existing building including works to the substructure, finishes, fittings and internal services.


It INCLUDES work in connecting a new building to an existing; redecorations; refitting out and all mechanical and electrical services in connection therewith; underpinning to existing buildings for alteration works.

It EXCLUDES complete demolitions of existing buildings, site clearance and removal of any paving, fences and outbuildings (XP); alterations and renovations to external services and site works (XX); any work involved in connecting new services to old in existing buildings (XW, XG, XE, etc.)

SITE WORKS

XP SITE PREPARATION - All basic work necessary prior to proceeding with buildings and external works.

It INCLUDES demolitions; site clearance; general levelling and filling; hoardings; retaining walls; removal of any paving, fences, trees and services; temporary diversions of services; underpinning to adjacent buildings.

It EXCLUDES alterations and permanent diversion of services (XX); alterations to buildings (AR) and existing site works (XX); any work involved in permanent connections of new services to existing (XW, XG, XE, etc.)

XR ROADS FOOTPATHS AND PAVED AREAS - Trafficable areas between and around buildings (outside 'Fully Enclosed Covered Areas' and 'Unenclosed Covered Areas' as defined, outbuildings, etc.) for vehicles and pedestrians.

It INCLUDES car parks; playgrounds; kerbs; crossovers; bollards; steps and associated balustrades; weed poisoning.

It EXCLUDES uncovered bridge links (XB); sports pitches, lawns, site landscaping and improvements (XL); cut and fill (XP).

XN BOUNDARY WALLS, FENCING AND GATES - To enclose or define the extent of the site.

It INCLUDES all walls, fences and gates at the site boundary.

It EXCLUDES all walls, fences and gates that subdivide the site (XL); all retaining walls (XP).

XB OUTBUILDING AND COVERED WAYS - To provide small buildings supplementary to the main buildings(s) and covered areas or bridge links for pedestrian or vehicular site circulation.

It INCLUDES detached covered ways not alongside buildings; garages; bicycle sheds; incinerator buildings; residential and gatekeepers cottages; garbage shelters; workshops; chapels; stores; sheds; stair blocks; all electrical, mechanical and other services in connection therewith.

It EXCLUDES attached covered ways alongside buildings; boiler and plant houses (CE); water towers (XW); gas meter (XG) and water meter (XW) shelters; pump houses (XW), substations (XE) and similar engineering services buildings.

XL LANDSCAPING AND IMPROVEMENTS - To improve the appearance of the site and provide incidental site facilities for the use of the occupants.

It INCLUDES grassing and turfing; garden plots and planting; trees, screen, dwarf, play and entrance walls; seats; fountains; petrol bowsers (pumps) and tanks; sculptures; flagpoles; signs and notices; cricket nets and basketball posts; sports pitches and goal posts; open air swimming pools.

It EXCLUDES paving (XR); site clearance (XP); 'Boundary Walls, Fencing and Gates' (XN); walls required to retain the site (XP)


EXTERNAL SERVICES

XK EXTERNAL STORMWATER DRAINAGE - To dispose of rain and surface water from the site.

It INCLUDES pipe runs from the external face of buildings; inspection pits; sumps; road gullies; culverts; box drains; grated trenches; runs from pools and fountains; outfalls and head walls; agricultural and sub-soil drains; connections to existing runs and pits.

It EXCLUDES pipe runs, pits, etc. under buildings from internal downpipes (RF); road gutters (XR); temporary drainage as site preparation (XP); diversions to existing runs (XX).

XD EXTERNAL SEWER DRAINAGE - To dispose of soil and waste water from the site.

It INCLUDES pipe runs from the external face of buildings; grease gullies; inspection pits and manholes; acid resisting and special drains; dilution pits; petrol and plaster arrestors; septic tanks; collection and holding wells; absorption trenches; transpiration areas; pumps and ejectors; connections to existing runs, pits and mains.

It EXCLUDES pipe runs, pits, etc. beneath buildings (PD); diversions to existing runs (XX).

XW EXTERNAL WATER SUPPLY - Systems to supply water up to the external faces of new buildings and up to other major consuming points such as swimming pools, fountains, artificial ponds, irrigation and ground watering outlets. The water may be at ambient temperature, heated or cooled and may be treated by clarification, filtration, softening, demineralisation, distillation, desalination or other means. The water may be supplied from town mains, bores, rivers, lakes, rainwater tanks, centralised energy systems or other sources.

It INCLUDES storage tanks; water towers; pumps; water treatment plants; water heaters and coolers; reticulation pipework including pipeline components; terminal outlets not integral with fixtures and/or equipment; insulation; sheathing; painting and identification; meters and meter enclosures included under the contract; water bores; irrigation and ground watering systems; building and electrical work forming part of this element.

It EXCLUDES diversion to existing runs (XX).

XG EXTERNAL GAS - To supply town, natural, simulated natural and liquified petroleum gas up the external faces of new buildings and other consuming points. The gas may be supplied from town mains, storage cylinders, bulk storage tanks or other sources.

It INCLUDES storage cylinders and tanks, meters and regulators forming part of the contract; meter enclosures; reticulation pipework and pipeline components; building and electrical work forming part of the external gas supply Contract.

It EXCLUDES diversions to existing runs (XX).

XF EXTERNAL FIRE PROTECTION - To supply fire hydrant and gas or vapourising agent runs up to external faces of new buildings, external sprinkler systems, and for site connections and connection of fire detection systems between buildings. Also to detect and/or extinguish fires in fixed plant or equipment located in the open air.

It INCLUDES standby and booster pumps; pipe runs; storage and reticulation of gas and vapourising agents; hydrant points; overhead and underground cables and fire detection systems.

It EXCLUDES trenches for cabling (XE).


XE EXTERNAL ELECTRIC LIGHT AND POWER - To supply electric power to main distribution boards of buildings and to provide lighting and power to external site areas.

It INCLUDES connections to source of power supply; consumers mains; substation equipment; emergency generating plant; main switchboard, under-ground and overhead cables; pylons and all trenches for cabling; street and area lighting; illuminated signs and building flood lighting.

It EXCLUDES communications cables (XC); work to existing electrical work (XX).

Note: Communications cables to be included in XC.

Fire Alarm cables to be included in XF.

* Where the main switchboard supplies only one building, it shall be considered as a main distribution board and included in LP.

XC EXTERNAL COMMUNICATIONS - To provide external communication cables to terminating frames of buildings and to provide communication systems between buildings and to external site areas.

It INCLUDES Telecom Australia work; underground and overhead cables; pylons; connections to existing cables; external speakers; hooters; clocks; bells; closed circuit T.V.; community antenna systems.

It EXCLUDES trenches for cabling (XE).

XS EXTERNAL SPECIAL SERVICES - To provide external service or installations not included in other elements.

It INCLUDES external connections to items included in 'Special Services' (SS); service tunnels, ducts and conduits in connection with external reticulation of Services elements; dust extraction plant; incineration plant; bulk storage for medical and industrial gases.

EXTERNAL ALTERATIONS

XX EXTERNAL ALTERATIONS AND RENOVATIONS - To alter or renovate any existing site works and external services.

It INCLUDES resurfacing paved and grassed areas; renovating outbuildings; renewing fencing and gates; permanent diversion of drainage, cold water and other external service runs.

It EXCLUDES renovating existing buildings (AR).

SPECIAL PROVISIONS

YY – PF SPECIAL PROVISIONS - Items not included in the Net Project Cost but which need to be included to make up the Gross Project Cost.

Note: These items must be estimated by the project Cost Planner in consultation with the Client and the Project Leader.

ET ESCALATION TO TENDER – An appropriate allowance for future cost increases from the date of estimate to the anticipated tender date.


ELEMENTAL UNITS OF MEASUREMENT

The Unit Rate for an element is derived by dividing the quantity of the element into the total cost of the element.

The standard list of elemental units of measurement is as follows:

Code Element Unit Measurement

SB Substructure m² Area of building at lowest floor level measured over external walls and including full measurement of Unenclosed Covered Area.

CL Columns (Framed Buildings)

m² Total supported area, i.e. elemental measurements UF + SC + RF .

UF Upper Floors m² Total area of upper floors measured to extremities of slab areas including balconies and incorporated sunhoods with deduction for staircases (but not for steps in the one floor level).

SC Staircases m² Measurement on plan (landings and flights) measured once at each upper floor level served.

RF Roof m² Plane of soffit (i.e. plan of ceiling) measured to the extremities of overhangs over fascias, parapets, etc.

EW External Walls m² Area of external walls of the building measured on the general inside face of the wall from the lowest floor finish to the highest ceiling level with deductions for WW and ED element quantities.

WW Windows m² Areas to be calculated from window sizes.

ED External Doors m² Areas to be calculated from door sizes. Area of door plus area of panels and highlights over. Where sidelights occur the whole except only doors is measured and treated as glazed screens in EW.

NW Internal Walls m² Areas are exclusive of doors etc.

Internal Screens m² Areas are exclusive of doors

ND Internal Doors m² Area of doors.

WF Wall Finishes m² WF = 2/NW + EW (less the measurement of any glazed or self-finished areas occuring in curtain or screen wall sub-elements).

FF Floor Finishes m²


CF Ceiling Finishes m² CF = net area of ceilings to all floor areas of the building measured in the plane of the ceiling (excluding returns to sides beams etc.).

Code Element Unit Measurement

FT Fitments n/a

SE Special Equipment n/a

SF Sanitary Fixtures no. Number of sanitary fixtures.

PD Sanitary Plumbing n/a

WS Water Supply n/a

GS Gas Service n/a

SH Space Heating m² Treated Area

VE Ventilation m² Treated Area

EC Evaporative Cooling m² Treated Area

AC Air Conditioning m² Treated Area

FP Fire Protection n/a

LP Electric Light and Power

n/a

CM Communications n/a

TS Transportation Systems

n/a

SS Special Services n/a

CE Centralised Energy System

n/a

AR Alterations and Renovations

n/a

XP Site Preparation n/a

XR Roads, Footpaths and Paved Areas

n/a

XN Boundary Walls, Fencing and Gates

n/a

XB Outbuildings and Covered Ways

n/a

XL Landscape and Improvements

n/a

n/a = not applicable. An appropriate quantity may be given for these elements if deemed necessary.

ATTACHMENT 2 – SCHEDULE OF WA GOVERNMENT AMENDMENTS




ATTACHMENT 2 - SCHEDULE OF W.A. GOVERNMENT AMENDMENTS TO AS 4122–2010 The following clauses have been amended and differ from the corresponding clauses in AS 4122-2010

CLAUSE 1 DEFINITIONS AND INTERPRETATION

SUBCLAUSE 1.1 - DEFINITIONS

Immediately after the words “means the Documents listed in Item 3” insert the following:

, which have the order of precedence in accordance with the numbered list contained in Item 3 (which is shown in descending order);

SUBCLAUSE 1.1 – DEFINITIONS

Insert the following new definition:

Consultant's Personnel means all employees, agents and Subcontractors of the Consultant.


Default includes, but is not limited to:-

(a) an Insolvency Event;

(b) wrongful suspension of work;

(c) failing to provide evidence of insurance;

(d) failing to exercise the standard of care required by Clause 4;

(e) failing to comply with a direction of the Client pursuant to Clause 8;

(f) in respect of Clause 10.4(c), knowingly providing documentary evidence containing an untrue statement;

(g) subject to Clause 12.2:

(i) failing to complete the Services by the time stated in Item 13 without reasonable cause or the Client's approval; or

(ii) if a program is attached, substantial departure from the program without reasonable cause or the Client's approval; or

(iii) where there is no time stated in Item 13 or construction program, failing to proceed with due expedition and without delay without reasonable cause or the Client's approval; and

(h) failing to comply with Clauses 13.1 and 13.2.

Delete the definition of Force Majeure and in lieu thereof insert the following:

Force Majeure Event means an event that makes it impossible for a party to perform its obligations in whole or part under this Contract and which is beyond the reasonable control of the affected party including:

(a) fire (other than fire caused by the affected party), flood, a category 3 or above

tropical cyclone (as defined by the Australian Bureau of Meteorology) affecting the area where the Services are being performed, earthquake, tsunami or explosion;



(b) war, insurrection, civil disturbance or acts of terrorism; or

(c) act of God;

(d) impact of vehicles or aircraft; or

(e) epidemic or pandemic,

but does not include:

(f) lack of or inability to use funds for any reason;

(g) any occurrence which results from the wrongful or negligent act or omission of the affected party or the failure by the affected party to act in a prudent and proper manner and in accordance with clause 4;

(h) an event or circumstance where the event or circumstance or its effects on the affected party or the resulting inability of the affected party to perform its obligations could have been prevented, overcome or remedied by the exercise by the affected party of the standard of care and diligence consistent with that of a reasonable and prudent contractor;

(i) breakdown of any equipment used by the Consultant or any Subcontractor to the Consultant;

(j) strikes or Industrial Action by the Consultant's Personnel in any way directed at the Consultant or any Subcontractor or directed at the Site;

(k) weather conditions or any effects of weather conditions, other than as described in sub-paragraph (a) above;

(l) act or omission of the Subcontractors (including if a Subcontractor suffers an Insolvency Event);

(m) a failure by a third party to fulfil a contract commitment to an affected party other than as a result of an event in paragraph (a) to (e) above; or

(n) lack of resources, including local materials or personnel


Industrial Action means any strike, lockout or failure to attend for work, the imposition of any ban, limitation or delay in the performance of work, any refusal by an employee to work in accordance with that employee’s contract of employment or the provisions of any Industrial Award, Agreement or Order, or the performance of work in a manner different from that in which it is customarily performed.


Industrial Award means an award, a registered or certified agreement or an order of the Western Australian Industrial Relations Commission or Australian Industrial Relations Commission and includes Preserved State Agreements and Notional Agreements Preserving State Awards, and any agreement including a workplace or enterprise agreement between an individual or group of individuals and the Consultant or a Subcontractor to the Consultant that is lodged, registered or certified in accordance with any law applying in Western Australia.




Subcontract means a contract or agreement between the Consultant and a third party under which the third party agrees to perform any part of the Services under this Contract.


Subcontractor means a person engaged by the Consultant under a subcontract.

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CLAUSE 4 STANDARD OF CARE

After the first paragraph, insert the following two (2) paragraphs:

The Consultant must ensure that, when delivered to the Client, the Deliverables are suitable, appropriate and adequate for the purpose stated in the Scope and are in accordance with all industry standards that are reasonably applicable to the Deliverables.

The Consultant must engage personnel, employees, subconsultants and subcontractors with appropriate qualifications and experience to perform the Services.

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CLAUSE 5 SCOPE

SUBCLAUSE 5.4

Immediately after the words “The Consultant is entitled to an adjustment to the Fee and/or” insert the following:

an extension of

SUBCLAUSE 5.5

Insert the following new subclause 5.5

5.5 If the Consultant does not notify the Client under Clause 5.2 within fourteen (14) days of receiving the Client Information from the Client, the Client Information shall be deemed to be accepted by the Consultant. Where the Client Information has been deemed to be accepted by the Consultant pursuant to this clause then the Consultant shall not be entitled to an adjustment to the Fee and/or an extension of time for providing the Services under clause 5.4 or any other provision of this Contract.

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CLAUSE 7 INFORMATION

In the clause heading, immediately after the word INFORMATION, insert the words AND DELIVERABLES

Insert new subclause number 7.1 and delete the first word of subclause 7.1 (“The”) and in lieu thereof, insert the following:

When requested by the Consultant, the


7.2 Other than as set out in clause 26.4 the Consultant must deliver to the Client all Deliverables as reasonably requested by the Client from time to time.

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CLAUSE 8 DIRECTIONS


8.6 The Client may direct the Consultant to have removed from any activity connected with the Services, within such time as the Client directs, any person employed in connection with the Services who, in the opinion of the Client (acting reasonably), is not acting in the best interests of the project (which includes being, in the Client’s opinion, guilty of misconduct or any criminal activity) or is incompetent or negligent.

A person removed under this clause 8.6 must not thereafter be employed or engaged on the project or on activities connected with the Services by the Consultant without the prior written approval of the Client.

CLAUSE 9 VARIATIONS

SUBCLAUSE 9.2

Delete subclause 9.2 and in lieu thereof insert the following:

9.2 If the Consultant considers that a Direction constitutes a Variation but the Direction is not in writing or does not specify that it constitutes a Variation, then prior to commencing the work the subject of the Direction, the Consultant must notify the Client in writing that it considers that the Direction constitutes a Variation. The notice required to be given by the Consultant under this clause 9.2 must set out the grounds why the Consultant considers that the Direction constitutes a Variation.

If the Client agrees that the Direction constitutes a Variation, then it must notify the Consultant in writing and Clause 9.3 will apply as if the Direction was given by the Client under Clause 9.1. If the Client does not agree that the Direction constitutes a Variation, then it must notify the Consultant in writing and Clause 32 will apply to resolve the Dispute. If the Consultant does not give the notice referred to in this Clause 9.2 prior to commencing the work the subject of the Direction, then notwithstanding the remainder of this Clause 9, the Consultant will be bound to implement and complete the required work and is not entitled to have the work valued as a Variation under Clause 9.3 or to make any claim, whether for payment, adjustment to the Fee or the time for completing the Services or otherwise, in respect of that work.



SUBCLAUSE 9.4

Immediately after the words “outside the general Scope of the Services.” insert the following:

If the Consultant considers that compliance with a Direction under Clause 9.1 would vary the Services beyond the general Scope of the Services, it must notify the Client within 10 Business Days of the date of the Direction. Failure of the Consultant to notify the Client within 10 Business Days of the date of the Direction will constitute acceptance that the Direction is not outside the general Scope of the Services and, in that regard, the Consultant will be bound to comply with that Direction.

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CLAUSE 10 PAYMENT

SUBCLAUSE 10.4


10.4 The payment claim must:

(a) in respect of the Services:

(i) identify the Services to which the payment claim relates;

(ii) separately identify each Variation;

(iii) separately identify any other claim for payment under this

Contract including a payment stated in Item 20; and

(iv) set out the amount of the Fee claimed, and how that amount was determined;

(b) in respect of disbursements:

(i) identify each disbursement claimed;

(ii) state the amount of the disbursement claimed;

(iii) be accompanied by relevant invoices and receipts for payment;

(c) be accompanied by a statement from the Consultant confirming that:

(i) all amounts which are then due and payable by the Consultant to its subcontractors and subconsultants have been duly paid by the Consultant;

(ii) the claim does not contain any amount for costs under the Contract which are expressly referred to as being at the Consultant’s own cost;

(iii) no fees or wages are due and owing by the Consultant in respect of its obligations under the Contract for the period to which the payment claim relates; and

(iv) no subcontractor, subconsultant or any other person engaged by the Consultant arising out of or in connection with this Contract has a lien or similar entitlement to any of the Deliverables or any item in respect of the Deliverables;

(d) be accompanied by any other information and documentation reasonably required by the Client;



(e) be in the form of a valid tax invoice; and

(f) include details of any matters which have arisen to the date of the claim which may affect the total fees payable under this Clause and, where practicable, an estimate of the amount thereof.

SUBCLAUSE 10.11

Insert the following new subclause 10.11:

10.11 The Client shall make payments to the Consultant only. The Consultant is responsible for making any payment that is due to its contractors, subcontractors, consultants and subconsultants.

___________

CLAUSE 12 TIME

SUBCLAUSE 12.1

Immediately after the words “time stated in Item 13” insert the following:

, or if a program is attached, the Consultant must complete the Services in accordance with the program attached to this Contract. Where there is an inconsistency between any date appearing in the Contract and a program attached to this Contract then the date appearing in the Contract shall be deemed to prevail.

SUBCLAUSE 12.1A

Insert the following new subclause 12.1A after subclause 12.1:

12.1A As soon as the Consultant reasonably considers that anything, including an act or omission of the Client or its employees, agents, subconsultants or subcontractors, may delay the performance of the Services, the Consultant must promptly notify the Client in writing with details of the possible delay and proposals for mitigating the potential for delay of completion of the Services.

SUBCLAUSE 12.2

Delete subclause 12.2(b) "a Force Majeure"

SUBCLAUSE 12.2

Delete the following:

Consultant notifies the Client of the delay and its cause promptly after the Consultant becomes aware of the delay or its cause, and provides reasonable evidence of the cause and duration of the delay.

And in lieu thereof, insert the following:

following conditions precedent to any entitlement to an extension of time are satisfied:

(e) the Consultant must submit a written claim for an extension of time to the Client within 10 Business Days of the cause of the delay commencing, which claim must set out the facts on which the claim is based and the period of time for which an extension of time is claimed (or is expected to be claimed if the cause is ongoing);



(f) the completion of the Services has actually been delayed due to one of the causes of delay set out in this Clause 12.2 and

(g) the Consultant has taken all reasonable steps to minimise the delay and no reprogramming or alteration of the sequence of activities or other method could avoid the delay.

SUBCLAUSE 12.3

Immediately after the words “must pay the Consultant’s reasonable” insert the following:

and necessary

SUBCLAUSE 12.4


12.4 The Consultant’s entitlement to an extension of time under Clause 12.3 will be reduced to the extent that the delay has been caused or contributed to by:

(a) an act or omission of the Consultant or its employees, agents, subconsultants or subcontractors; or

(b) any cause of delay which is not set out in Clause 12.3.

SUBCLAUSE 12.5


12.5 Where Item 13 provides for a program to be provided by the Consultant for the purposes of Clause 12.1, then:

(a) The program shall be in a form appropriate to the project and acceptable to the Client and should:

(i) set out a program for the delivery of the Services to meet the completion date or dates stated in the Annexure;

(ii) indicate the interdependencies of each component part of the Services;

(iii) allow appropriate periods for the review by the Client of Documents to be produced by the Consultant;

(iv) clearly indicate any allowances made in the program for delays to the provision of the Services or any component parts of the Services outside the Consultant’s control; and

(v) include a separate time line for each discrete component of the Services and a completion date for each of those components.

(b) During the Contract, the Consultant shall progressively make the necessary adjustments to the program to ensure each stated completion date is achieved. If the Consultant at any time believes that the Consultant may be unable to meet a completion date for any reason, the Consultant shall notify the Client in writing and state the remedial action necessary to achieve the completion date.



(c) If the Client considers that the Consultant may not meet a completion date, it may notify the Consultant and require the Consultant to notify within a reasonable time specified in the notice what remedial action (if any) the Consultant proposes to take to ensure that the relevant completion date is met.

(d) The Consultant shall submit reports to the Principal in an agreed format and at agreed intervals as to the progress of the Services. The consultant shall attend progress review and co-ordination meetings in accordance with the requirements of the Principal and at a location specified by the client and shall attend any other meetings which are desirable to ensure the proper and effective provision of the Services by the Consultant.

(e) The Client may direct the Consultant to deviate from the current program provided by the Consultant. The Consultant shall be entitled to recover any extra costs and expenses incurred by it as a consequence of any deviation directed by the Principal under Clause 15.1 only if the deviation is required for the convenience of the Principal or the deviation is due to a cause outside the reasonable control of the Consultant.

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CLAUSE 13 LAW AND APPROVALS

SUBCLAUSE 13.3


13.3 If there is a new Legislative Requirement or Approval, or a change in a Legislative Requirement or Approval which:

(a) occurs after agreement of the Fee;

(b) the consultant is bound to comply with or obtain;

(c) causes the Consultant to incur more or less cost or time than otherwise would have been incurred or expended (other than the costs of any fines or penalties); and

(d) could not have been reasonably anticipated by the Consultant prior to the date of the Contract,

then, provided the Consultant has taken all reasonable steps to mitigate and minimise all costs and expenses, or any delay in the delivery of the Services, the difference in cost will be valued as a Variation and an extension of time may be granted in accordance with clause 12.

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CLAUSE 15 REVIEW AND ACCEPTANCE

SUBCLAUSE 15.2

Delete the entire subclause and in lieu thereof insert the following:

15.2 The Consultant remains responsible for the Services despite any:

(a) review or acceptance of any of the Services or the Deliverables by the Client;



(b) Directions (other than any Directions which are either wrongful or negligent) given by the Client in respect of the Services, the Deliverables or the performance of the Consultant’s obligations under the Contract; or

(c) failure by the Client to review or accept any of the Services or Deliverables.

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CLAUSE 16 ADVERSE EVENT

After the first paragraph, insert the following paragraph:

The Consultant acknowledges and agrees that, except where expressly provided in the Contract, the Consultant will not be entitled to any extension of time, payment for costs incurred or other relief with respect to any matter or circumstances the subject of clause 16.

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CLAUSE 18 KEY PERSONNEL

Delete the words “is not available due to circumstances beyond the reasonable control of the Consultant” and in lieu thereof insert the following:

(a) resigns from employment or terminates their employment or independent contract with the Consultant;

(b) dies;

(c) commits a breach of any express or implied term of their employment contract or independent contract and is terminated as a result; or

(d) is otherwise incapable of continuing to perform duties in respect of the Services due to illness,

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CLAUSE 20 SUBCONTRACTING AND ASSIGNMENT

SUBCLAUSE 20.3

Delete the words “(which must not be unreasonably withheld or delayed)” and in lieu thereof insert the following:

which:

(a) must not be unreasonably withheld or delayed; and

(b) may be conditional upon such reasonable conditions as the Client may impose, including that the Consultant obtain from a subcontractor or subconsultant the corresponding Intellectual Property Rights granted to or vested in the Client pursuant to Clause 21 and appropriate professional indemnity insurance.



SUBCLAUSE 20.5


20.5 For the purposes of Clause 20, transfer or assignment shall be taken to include any material changes to the Consultant where the Consultant, being a partnership, company, consortium or other composite body, undergoes a material change in its structure, shareholding, membership or control which in the opinion of the Principal will affect the manner in which or the ability of the Consultant to perform the Contract.

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CLAUSE 21 COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

SUBCLAUSE 21.4

Immediately after the words “the amount stated in Item 20” insert the following

(or if no amount is stated, no additional amount is payable to the Consultant).

CLAUSE 24 SUSPENSION BY THE CLIENT

SUBCLAUSE 24.2


Unless the suspension has been directed due to the Consultant’s breach of the Contract or breach of any Legislative Requirement or Approval, the Client must pay the Consultant any costs and expenses reasonably incurred by the Consultant as a result of the suspension. The Client will not be liable for payment under this Clause 24.2 unless and until:

(a) the Consultant provides evidence, to the reasonable satisfaction of the Client, of the costs and expenses incurred by the Consultant; and

(b) the Consultant can demonstrate that the Consultant took all reasonable steps to mitigate and minimise any costs and expenses incurred by the Consultant by reason of the suspension.

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CLAUSE 25 SUSPENSION BY THE CONSULTANT

SUBCLAUSE 25.3


25.3 If the Consultant suspends the performance of the Services under Clause 25.1:

(a) the Consultant must recommence the performance of the Services as soon as possible and give prompt notice to the Client of the recommencement of the Services;

(b) except as expressly provided elsewhere in the Contract, the Consultant will not be entitled to claim any additional costs, extension of time or other form of relief in respect of the suspension of the performance of the Services by the Consultant; and



(c) the Client’s payment obligations under the Contract will be suspended during the period of the suspension of the performance of the Services, unless the parties otherwise agree in writing or the payment obligation relates to Services performed prior to the time of suspension.

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CLAUSE 26 TERMINATION WITHOUT CAUSE

In the clause heading, immediately after the word TERMINATION, delete the words WITHOUT CAUSE.

SUBCLAUSE 26.2


26.2 If the Contract is terminated under clause 26.1, the Client must pay to the Consultant:

(a) the applicable portion of the Fee for the Services performed prior to the date of termination;

(b) all disbursements incurred by the Consultant prior to the date of the termination which would have been payable had this Contract not been terminated;

(c) any direct costs reasonably incurred by the Consultant in the expectation of completing the whole of the Services and not included in any payment by the Client; and

(d) all demobilisation costs reasonably incurred by the Consultant (but not including any relocation costs incurred by the Consultant).

The Client is not liable to the Consultant under this clause 26 for any amount greater than the amount that the Client would have paid to the Consultant had this Contract been completely performed.

SUBCLAUSE 26.4


26.4 In the event that this Contract is terminated in accordance with this clause 26, following payment of the amount due to the Consultant under clause 26.2, the Consultant must deliver to the Client all Deliverables and all Documents which, on completion, would be Deliverables.

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CLAUSE 27 TERMINATION DUE TO DEFAULT BY EITHER PARTY

Delete the entire clause and in lieu thereof insert the following:

27.1 If either party commits a Default of this Contract, the other party may give to the party who committed the Default a written notice to remedy the Default. A notice given under this Clause 27.1 must:

(a) state it is a notice given under this clause;



(b) specify the alleged Default with reasonable details;

(c) require the party who committed the Default to remedy the Default; and

(d) specify the date (which must not be less than five Business Days after the notice is served) by which the party who committed the Default must remedy the Default.

27.2 If the recipient of a notice given under Clause 27.1 fails to:

(a) remedy the Default; or

(b) provide an undertaking in writing to the reasonable satisfaction of the party issuing the notice of the steps it intends to take to remedy the Default,

within the time specified in the notice, the other party may, by further written notice:

(c) terminate this Contract; or

(d) if the Default is a failure of the Client to pay the Consultant under Clause 10, the Consultant may suspend performance of the Services until payment is made.

27.3 If the Consultant suspends performance of the Contract pursuant to this clause, the Consultant must promptly lift the suspension after the Client remedies the breach unless the Consultant has terminated the Contract.”

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CLAUSE 28 INDEMNITY

SUBCLAUSE 28.1

Immediately after the words “by the Consultant or negligent or” insert the following:

wilful or

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CLAUSE 29 LIMITATION OF LIABILITY

SUBCLAUSE 29.1

Immediately after the words “the amount specified in Item 24” delete the words “if any.” and in lieu thereof insert the following:

. If no amount is specified in Item 24, the liability of the Consultant is not limited.

SUBCLAUSE 29.2


29.2 Any limitation of liability granted under Clause 29.1 does not apply to liability arising from:

(a) personal injury (including psychological injury) or death;

(b) infringement of Intellectual Property Rights;

(c) any breach by the Consultant of Clause 19;



(d) any claims made by a third party in respect of exemplary and punitive damages;

(e) fraudulent, malicious or criminal conduct;

(f) wilful default;

(g) any act or omission with reckless disregard for the consequences; or

(h) any breach of confidence or privacy in connection with the Contract,

of or by the Consultant or its officers, employees, agents, subconsultants and subcontractors.

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CLAUSE 30 INSURANCE

SUBCLAUSE 30.8

Insert the following new subclause 30.8 immediately after subclause 30.7:

30.8 The insurances contemplated by this Clause 30 are primary and not secondary to the indemnities referred to in this Contract. However, the Client is not obliged to make a claim or institute proceedings against any insurer under the insurance policies before enforcing any of its rights or remedies under the indemnities referred to in the Contract, or generally.

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CLAUSE 31A FORCE MAJEURE

Insert the following new clause 31A:

31A.1 If a Force Majeure occurs:

(a) the party affected by the Force Majeure must give notice to the other party, describing the Force Majeure in reasonable detail;

(b) the Client may, by written notice within 5 Business Days of the notice under clause 31A.1(a), in its absolute discretion and without any obligation to act reasonably, grant an extension of time for completion of the Services;

(c) the party affected by the Force Majeure will be excused from performance and will not be construed to be in default for so long as, and to the extent that:

(i) the party’s failure to perform an obligation under the Contract is due to the Force Majeure,

(ii) the party continues to perform its obligations under the Contract which are not affected by the Force Majeure; and

(iii) the party makes all reasonable efforts to prevent, reduce to a minimum and mitigate the effect of any delay caused by the Force Majeure.

31A.2 If a Force Majeure prevents either party from performing any of its obligations under the Contract, the Client may elect to terminate the Contract by notice in writing to the Consultant and must pay the



Consultant for the Deliverables delivered prior to the date of termination, payment for which was not included on a previous claim for payment, the amount which would have been payable in respect of those Deliverables if the Contract had not been terminated and the Consultant had been entitled to and had made a payment claim on the date of termination. A claim for payment under this Clause 31A.2 must comply with the requirements of Clause 10.

31A.3 The Consultant must take all reasonable steps to mitigate and minimise any costs and expenses incurred, or to be incurred, by the Consultant by reason of the termination.

31A.4 Upon termination and payment of the amount due to the Consultant under Clause 31A.2, the Consultant must deliver to the Client any completed Contract Documents and those other documents commenced which when completed would have formed the Deliverables. The Consultant is not liable in respect of the Deliverables which are incomplete by reason only of the termination.

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CLAUSE 32 DISPUTE RESOLUTION

SUBCLAUSE 32.1


If a dispute or difference between the Consultant and Client arises out of or in connection with the Contract either party shall within seven (7) days of the dispute or difference arising serve the other party with a notice of dispute in writing by certified mail identifying and providing all details of the dispute or difference.

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CLAUSE 33 SERVICE OF NOTICES

SUBCLAUSE 33.2

After reference to clauses 24, 25, 26, 27 and 31, insert the following:

31A

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CLAUSE 35 GOVERNING LAW

Delete the words “and each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in that State or Territory” and insert the following paragraph in lieu thereof:

Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in that State or Territory and courts of appeal from them in respect of any proceedings arising out of or in connection with the Contract. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.



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CLAUSE 37 WARRANTIES

Insert the following new clause 37:

37 The Consultant warrants that:

(a) it has full power and authority to enter into and perform its obligations under the Contract;

(b) the Consultant and all of the Consultant’s personnel, employees, subconsultants and subcontractors are competent and have all the necessary skills, training and qualifications to perform the Services;

(c) it has taken all necessary action to authorise the execution, delivery and performance of the Contract in accordance with its terms; and

(d) the Contract constitutes legal, valid and binding obligations and, subject to any necessary stamping and registration, is enforceable in accordance with its term.