334201 tender invitation

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TENDER INVITATION Sunshine Coast Regional Council (Council) thanks you for your interest and invites your submission for this contract. CONTRACT TITLE: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store CONTRACT NUMBER: 334201 PROJECT BACKGROUND AND OVERVIEW: The Coolum Beach Holiday Park located at 1827 David Low Way, Coolum Beach, Queensland has an existing amenities building requiring replacement. The new building will be a larger, more modern building using sustainable principles, materials and design. The existing amenity building no. 2 is proposed to be demolished and the new building placed in a similar, but slightly more Northern, location. The new location will provide additional recreational space, adjacent to the recently completed Camp Kitchen to the South. CONTRACT OVERVIEW: Tenders are invited for the construction of the Coolum Beach Holiday Park, Replacement Amenities No. 2 and Linen Store in two stages; Stage One Construction of a new linen store Stage Two Demolition of the exiting non-utilised camp kitchen (which is a re-locatable building with a semi- permanent annexe currently being used as a linen store) Capping of existing services to the building Demolition of the existing amenity building No. 2 Construction of the new amenity building over the two sites, The proposed building is to be constructed of masonry block, with a rendered finish with tiling 2.4m high internally throughout. The building houses a specifically designated disabled amenity that complies with the current enhanced code and the soon to be adopted Australian Standard. The fit-out is modern and designed to service the large volume of public patronage. It is expected that the new amenity will generate enough power from the roof mounted 10kW photovoltaic system to fulfill its own requirements and offset some of the power consumed by other facilities at the holiday park. The water saving measures incorporated into the replacement building include 4x7300 litre rainwater tanks (29.2kl total) reticulated to the urinals, toilets and washing machines as well as some outlets for landscaping. The date of practical completion is the 24 th of June 2011. An expected construction period of 14 weeks has been programmed. All documentation submitted will be treated as confidential by Council and will be assessed by an evaluation panel under probity. Construction AS2124 Nov 10 Page 1/23 © Sunshine Coast Regional Council

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TENDER INVITATION

Sunshine Coast Regional Council (Council) thanks you for your interest and invites your submission for this contract. CONTRACT TITLE: Coolum Beach Holiday Park - Replacement Amenities Building No. 2

and Linen Store CONTRACT NUMBER: 334201 PROJECT BACKGROUND AND OVERVIEW:

The Coolum Beach Holiday Park located at 1827 David Low Way, Coolum Beach, Queensland has an existing amenities building requiring replacement. The new building will be a larger, more modern building using sustainable principles, materials and design. The existing amenity building no. 2 is proposed to be demolished and the new building placed in a similar, but slightly more Northern, location. The new location will provide additional recreational space, adjacent to the recently completed Camp Kitchen to the South. CONTRACT OVERVIEW:

Tenders are invited for the construction of the Coolum Beach Holiday Park, Replacement Amenities No. 2 and Linen Store in two stages; Stage One • Construction of a new linen store Stage Two • Demolition of the exiting non-utilised camp kitchen (which is a re-locatable building with a semi-

permanent annexe currently being used as a linen store) • Capping of existing services to the building • Demolition of the existing amenity building No. 2 • Construction of the new amenity building over the two sites, The proposed building is to be constructed of masonry block, with a rendered finish with tiling 2.4m high internally throughout. The building houses a specifically designated disabled amenity that complies with the current enhanced code and the soon to be adopted Australian Standard. The fit-out is modern and designed to service the large volume of public patronage. It is expected that the new amenity will generate enough power from the roof mounted 10kW photovoltaic system to fulfill its own requirements and offset some of the power consumed by other facilities at the holiday park. The water saving measures incorporated into the replacement building include 4x7300 litre rainwater tanks (29.2kl total) reticulated to the urinals, toilets and washing machines as well as some outlets for landscaping. The date of practical completion is the 24th of June 2011. An expected construction period of 14 weeks has been programmed. All documentation submitted will be treated as confidential by Council and will be assessed by an evaluation panel under probity.

Construction AS2124 Nov 10 Page 1/23 © Sunshine Coast Regional Council

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 2/23 © Sunshine Coast Regional Council

INVITATION INFORMATION: The invitation comprises the following:

Section 1 – Offer Documents 4 Section 2 – Conditions of Contract 8 Section 3 – Technical Specifications, Attachments & Drawings 20

Section 4 – Returnable Schedules (separate MS-Word document) A reference to the word “Tender” in this Invitation also refers to the word “Quote” SUBMISSION INFORMATION: For your submission, Council only requires Section 4 Returnable Schedules (completed in the format and order provided in this Invitation) and any other documents identified in the Submission Verification Schedule. Schedule A and the Submission Verification Schedule are to be signed by an authorised person on behalf of the Tenderer. The Tenderer must ensure prior to submitting an Offer that it is free from viruses and has been checked with an up-to-date virus checking program. Fully completed and signed Offers must be scanned and submitted electronically via the Queensland Government Marketplace e-Tender website: www.qgcpo.qld.gov.au under “eTender system for Government Suppliers” in time to meet the tender box close deadline. Offers must be in a format and font that is supported by Microsoft Suite of Applications. Failure to comply with this requirement may result in a non-conforming Offer. Do not include unnecessary large documents (e.g. brochures, video files etc.) Multiple attachments may be submitted, however the file size of each document must be kept below 10MB (10,000KB). When each upload is successfully completed, an official receipt will appear on the screen and a system generated receipt confirmation shall be emailed to you containing the receipt number. This receipt is your proof of lodgement. If you do not receive a receipt, your upload was unsuccessful and you should try again. A Tenderer may submit one or more Offers in response to this Invitation. Part Offers, being Offers that only address part of the Invitation, may be deemed non conforming and may not be considered. Lodgement of an Offer in the manner specified in this Invitation will constitute an Offer by the Tenderer to supply the Goods and/or Services on the terms of the Invitation. Lowest or any offer will not necessarily be accepted. At its sole discretion only, Council may accept offers not placed in the Queensland Government Marketplace e-Tender electronic tender box by the nominated date and time. Tender submissions are to be presented in the order identified in clause 38 Mandatory Information Required of the General Conditions of Offer.

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 3/23 © Sunshine Coast Regional Council

FOR ASSISTANCE: Should you require assistance with accessing tender documentation and attachments, or submitting your electronic tender, please contact the Queensland Government eTendering website team via email [email protected] or telephone (07) 3836 0141. TENDER SPECIFICS: For assistance specifically in relation to the technical aspects of the Contract, please contact Council’s Contract Administrator as follows (please note all enquiries must be submitted in writing via email):

Council’s Contract Administrator Roy Ventura

Contact email address [email protected]

IMPORTANT NOTICE Any personal information provided in the Invitation to Tender Document (Returnable Schedules) and associated documentation will be used for any purpose associated with this Invitation to Offer. Council is authorised to collect this information in accordance with the current Local Government Act and other relevant legislation. Your personal information will be accessed by persons who have been authorised to do so and will be dealt with in accordance with Council’s Privacy Policy available on Council’s website at www.sunshinecoast.qld.gov.au.

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 4/23 © Sunshine Coast Regional Council

TENDER DOCUMENTS

SECTION 1 – OFFER DOCUMENTS (READ & RETAIN)

CONTENTS:

Invitation to Offer Summary 5 General Conditions of Offer 6

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 5/23 © Sunshine Coast Regional Council

INVITATION TO OFFER SUMMARY

Purpose of invitation Request For Tender

Contract name Coolum Beach Holiday Park- Replacement Amenities No. 2 and New Linen Store

Contract number 334201

Council’s Contract Administrator: Roy Ventura

Contact email address [email protected]

Method & Place for lodgement of submissions Refer to Submission Information on page 2

Closing time and date 12 noon, 23 February 2011

Briefing / Site Inspection Details:

Meeting is scheduled for:

Location: Coolum Beach Holiday Park, 1827 David Low Way, Coolum, Queensland – meet beside camp kitchen (adjacent to reception) Date of meeting: Tuesday 8 February at 10am

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 6/23 © Sunshine Coast Regional Council

GENERAL CONDITIONS OF OFFER

Council’s General Conditions of Offer (construction) v1.0 apply to this Contract. To obtain a copy of this document, please visit. http://www.sunshinecoast.qld.gov.au/addfiles/documents/tenders/general_conditions_construction.pdf

ADDITIONS: The following clauses have been added to clauses 1 to 37 of the General Conditions of Offer: 38. Mandatory Information Required

38.1 The following information (in the order detailed) is to be supplied by Tenderers in their submission. This information is required to achieve Stage 1 of the evaluation process (refer Condition of Offer 40):-

(a) Completed Schedules, copies, samples or other documents as identified in the Submission Verification Schedule

(b) Completed and signed Submission Verification Schedule

39. Commercial-In-Confidence Material 39.1 Tenderers are to clearly identify commercial-in-confidence material that is included in their

submission.

40. Evaluation of Submissions 40.1 Submissions will be assessed against a two staged process. Tenderers not meeting the

mandatory criteria will not be further assessed. 40.2 Stage One - Mandatory Criteria

(a) Tenderers must supply to Council’s satisfaction all the elements identified in Conditions of Offer 38 above under Mandatory Information Required

(b) Any financial checks undertaken by Council must be to Council’s satisfaction. 40.3 Stage Two Submissions meeting the Stage One Criteria will then be evaluated against the Selection

Criteria in the table below:

Item Definition Supporting Information Required (see Schedules)

Price Council require a lump sum contract • Schedule A • Schedule B

Track Record/Experience

Tenderer is able to demonstrate relevant experience in undertaking construction projects of a similar scope in terms of technical aspects, project costs & managing variations whilst undertaking project coordination. Tenderer is able to demonstrate a sound track record in completing projects in respect to quality finish, final cost compared to agreed contract price, minimising public impact, contract disputes & minimising Council’s exposure to risks associated with project

• Schedule C • Schedule D • Schedule G • Schedule H • Schedule I • Schedule K • Provided example

of recent and relevant site safety plan

• Schedule L • Schedule M • Schedule N

Schedule P

Methodology for Project Delivery

Identify methodology to be applied for the delivery of proposed construction program including key

• Schedule D • Schedule E • Schedule K

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 7/23 © Sunshine Coast Regional Council

milestone achievements. Tenderer is able to demonstrate completing projects with respect to timeliness and achieving satisfactory practical completion. Past examples of relevant work method statements and site safety plan.

• Schedule O Construction Program including Gantt Chart

Environmental Sustainability

Tenderer is able to demonstrate completion of projects using environmental consideration. Demonstrated examples of Environmental Management Plan & Erosion Sediment Control Plan

• Schedule J • Provided example

of recent and relevant Environmental Management Plan

Contribution to Local Economy

Tenderer is able to demonstrate a meaningful and measurable contribution to local business development, local economy benefits and local employment generation

• Schedule F

40.4 Following the Stage Two assessment, Council may elect to invite a party or number of parties to

provide a presentation to support their submission or complete a best and final offer. 40.5 Tenderers may wish to complete and include supporting information in Schedule P. At its sole

discretion Council may use the supporting information as reference material to assist with the evaluation process.

40.6 At its sole discretion Council reserves the right to evaluate tenders based on information obtained during the tender process.

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 8/23 © Sunshine Coast Regional Council

TENDER DOCUMENTS

SECTION 2 – CONDITIONS OF CONTRACT (READ & RETAIN)

CONTENTS:

Conditions of Contract 9 Annexure to the Australian Standard 2124-1992 – Part A 10 Annexure to the Australian Standard 2124-1992 – Part B 13

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 9/23 © Sunshine Coast Regional Council

CONDITIONS OF CONTRACT The Conditions of Contract comprise:

• General Conditions of Contract AS2124-1992 • Annexure Parts A and B • other special conditions which may be included in this Section 2 • Technical specifications, drawings and plans contained in Section 3.

The successful contractor will be required to enter into a Formal Instrument of Agreement generally in the form included in the Attachments forming part of Section 3 (Attachment A). Information required to complete the Annexure Part A of the General Conditions of Contract is included in the following pages. Annexure Part B contains deletions, amendments and additions to AS2124-1992. Where words contained in Annexure Part A and B differ to those in the General Conditions of Contract AS2124-1992 the Annexures shall take precedence. This document does not include a copy of AS2124-1992 General Conditions of Contract. Tenderers are to make their own arrangements to obtain a copy of the General Conditions of Contract. These are available through Standards Australia http://www.standardsaustralia.com.au/ or contact their Customer Service Centre on 1300 654 646.

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Construction AS2124 Nov 10 Page 10/23 © Sunshine Coast Regional Council

ANNEXURE TO THE AUSTRALIAN STANDARD 2124-1992 – PART A This Annexure shall be completed and issued as part of the tender documents and, subject to any amendments to be incorporated into the Contract, is to be attached to these Conditions and shall be read as part of the Contract. The law applicable is that of the State or Territory of:

Queensland

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

Nambour

The Principal: (Clause 2) Sunshine Coast Regional Council (Council)

The Superintendent (Clause 2) A person nominated by Sunshine Coast Regional Council

The address of the Superintendent:

Locked Bag 72 Sunshine Coast Mail Centre Qld 4560

Limits of accuracy applying to quantities for which the Principal accepted a rate or rates: (Clause 3.3(b))

+/- ten percent Unlimited for items listed as rate only

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

Alternative 1

The time for lodgement of the priced copy of the Bill of Quantities (Clause 4.2)

Lodged with Tender

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

Unconditional bank guarantee by way of 2 x 2.5% guarantees of the total lump sum (one bank guarantee to be held until issue of Practical Completion certificate and the second bank guarantee to be held until expiry of the defects liability period)

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

Nil

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

5 days

The percentage to which the entitlement to security and retention of moneys is reduced: (Clause 5.7)

50 percent

Interest on retention moneys and security - the alternative applying: (Clause 5.9)

Alternative 2

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

3 (three)

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

3 (three)

The time within which the Superintendent must give a direction Fourteen (14) days

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Construction AS2124 Nov 10 Page 11/23 © Sunshine Coast Regional Council

as to the suitability and return the Contractors’ copies: (Clause 8.4) Work which cannot be subcontracted without approval: (Clause 9.2)

Any part of the work except for supply of materials or minor parts

The percentage of profit and attendance (Clause 11 (b))

10% ( 10 percent)

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

10% (10 percent)

Insurance of the works - the alternative applying: (Clause 18)

Alternative 1

The assessment for insurance purposes of the costs of demolition and removal of debris: (Clause 18 (ii))

$25,000

The assessment for insurance purposes of consultants’ fees: (Clause 18 (iii))

Five percent (5%) of contract sum

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

Nil

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

Nil

Public Liability Insurance- the alternative applying (Clause 19)

Alternative 1

The amount of Public Liability Insurance shall be not less than: (Clause 19)

Twenty Million Dollars ($20,000,000)

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

14 March 2011 or unlimited if the Contractor is in breach of Clause 14.1 or 21.1

The Date for Practical Completion: (Clause 35.2)

24 June 2011

Liquidated Damages per day: (Clause 35.6) $200 per day

Limit of Liquidated Damages: (Clause 35.7) no limit

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

Nil

Limit of Bonus: (Clause 35.8) Not Applicable

Extra Costs for Delay or Disruption: (Clause 36)

Nil

The Defects Liability Period: (Clause 37) 52 (fifty-two) weeks

The Charge for overheads, profit, etc for Day Works:(Clause 41 (f))

10% (ten percent)

Times for Payment Claims: (Clause 42.1) Last day of each calendar month

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Construction AS2124 Nov 10 Page 12/23 © Sunshine Coast Regional Council

Unfixed Plant and Materials for which payment claims may be made notwithstanding that they are not incorporated in the works: (Clause 42.1(ii))

Nil

Retention Moneys on: (Clause 42.3)

refer security clause above

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

Alternative 3

The rate of interest on overdue payments: (Clause 42.9)

Nil

The delay in giving possession of the Site which shall be a substantial breach: (Clause 44.7)

60 (sixty) days

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

Alternative 1

The person to nominate an arbitrator: (Clause 47.3)

The President of the Institute of Engineers -Queensland Chapter

Location of arbitration: (Clause 47.3) Nambour, Queensland.

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 13/23 © Sunshine Coast Regional Council

ANNEXURE TO THE AUSTRALIAN STANDARD 2124-1992 – PART B DELETIONS, AMENDMENTS AND ADDITIONS DELETIONS: The following clause has been deleted from the General Conditions in AS2124-1992.

Clause 17.1 (iv) “damage which is the unavoidable result of the construction of the Works in accordance with the Contract;”

AMENDMENTS: The following clauses have been amended and differ from the corresponding clauses in AS2124-1992. 3.3 Adjustment for Actual Quantities - Schedule of Rates Starting line 38, delete:

If a Schedule of Rates omits an item which should have been included, the item shall be valued under Clause 40.5 as if it was extra work directed by the Superintendent as a variation.

Replace with:

If a Schedule of Rates omits an item which should reasonably have been anticipated by an experienced and competent contractor at the time of tender, to be necessary for the satisfactory completion and performance of the Works, the contractor shall in the tender insert such omitted item in the schedule with a price or rate for such item. In the event of the failure of the Contractor to do so, the cost of such item will be deemed to be included within other items of the schedule.

5.3 Form of Security

First & second paragraphs are deleted and replaced with: “The security shall be in the form of cash, or an approved unconditional and irrevocable undertaking given by a financial institution approved by the Principal or other form approved by the party having the benefit of the security. The party having the benefit of the security shall have a discretion to approve or disapprove of the form of an unconditional undertaking and the financial institution giving it or other form of security offered. The form of unconditional undertaking attached to these General Conditions is approved.”

5.4 Time for Lodgement of Security

“Security shall be lodged within 28 days of the Date of Acceptance of Tender, at the time of submission of the first Progress Payment or as stated in Annexure part A”

6.3 Partnership or Joint Venture

(New sub-clause) “Where the Contractor is a partnership or joint venture each party to the partnership or joint venture shall be jointly and severally bound.”

8.6 Confidentiality

Delete clause and replace with:

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 14/23 © Sunshine Coast Regional Council

“Drawings, specifications and other information, samples, models, patterns and the like, supplied by either the Contractor or the Principal and marked or otherwise identified as confidential, shall be regarded as confidential and shall not be disclosed to a third party except with the prior agreement of the other party to the Contract. The Contractor must, and must ensure that its employees, agents and approved sub-Contractors, keep confidential any information obtained in the course of performing the Contract unless clause 8.6 (d) applies.

In the event of a breach of clause 8.6 (d), the Superintendent may terminate the Contract by giving written notice to the Contractor. However, the Contractor may disclose any information: (a) which it is legally required or entitled to disclose; or

(b) to its legal and accounting advisers for the purposes of obtaining advice in relation to the Contract or any matter arising from the Contract.

If required in writing by a party, the other party shall enter into a separate agreement not to disclose to anyone else any confidential matter even after the issue of the Final Certificate pursuant to Clause 42.8 or the earlier termination of the Contract.”

8.7 Media Releases

Starting line 24, delete:

“The Contractor shall not issue any information, publication, document or article for publication concerning the project in any media without prior approval of the Principal, which approval shall not be unreasonably withheld. The Contractor shall refer to the Principal any enquiries concerning the project from any media.”

Replace with: “The Contractor must not issue any advertisement, information, publication, document or article for publication concerning the Contract or any activities undertaken in performance of the Contract in any media without the prior written approval of the Principal. The Contractor must refer to the Principal any media enquiries concerning the Contract and its performance.”

9.2 Subcontracting

Delete fourth paragraph starting at line 43: “Within 14 days after a request by the Contractor for approval, the Superintendent shall advise the Contractor of approval or the reasons why approval is not given.” Replace with:

“Within 14 days after a request by the Contractor for approval, the Superintendent shall advise the Contractor of approval or rejection.”

10.6 Termination of selected and nominated Subcontracts

Delete clause and replace with: “The contractor shall not terminate a sub contract for selected or nominated subcontract work without the written approval of the Superintendent and as early as possible the contractor shall notify the Superintendent of the contractors request to terminate and the reasons. If a Nominated Subcontractor repudiates or abandons a subcontract or it is terminated, the Contractor shall forthwith notify the Superintendent in writing and the Superintendent shall proceed under Clause 10.3 to nominate a Nominated Subcontractor to complete the subcontract work and Clause 11(b) shall apply.”

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12.2 Notification

At line 49 include the words “and substantially”: “(a) the Latent Condition encountered and in what respects it differs materially and substantially”;

12.3 Extension of Time and Cost

Delete lines 7 and 8 and replace with “which an experienced and competent Contractor could not reasonably have anticipated at the time of tendering, a valuation shall be made under Clause 40.5.”

16.3 Excepted Risks

Line 23 – insert an opening bracket before the words “pursuant to a prior contract”. 29 Materials, Labour and Constructional Plant

Add the following sub clauses 29.2A Construction Plant Owned by Others -

The Contractor shall upon request by the Superintendent, notify the Superintendent in writing of the name and address of the owner of any Construction Plant used on the work under the Contract at the Site and held by the Contractor under an agreement with the owner. The Principal, may in order to avoid seizure by the owner of such Constructional Plant, pay to the owner the amount of any overdue instalment or other sums payable under the agreement in the event of his doing so he may recover the amount as a debt due from the Contractor.

29.4 Warranties -

The Contractor shall ensure that all warranty entitlements arising from the works include the Principal and the Contractor as named beneficiaries. Such warranties shall be in a form approved by the Superintendent and shall be submitted to the Superintendent prior to the issue of the certificate of final completion.

31.1 Superintendent May Order Tests

Add paragraph: “The Contractor shall not be entitled to rely upon any inspections or tests carried out for their own purposes by the Principal or Superintendent.”

35.5 Extension of Time for Practical Completion

Starting line 45 (page 28): “The causes are — (a) events occurring on or before the Date for Practical Completion which are beyond the

reasonable control of the Contractor including but not limited to— industrial conditions; inclement weather conditions which differ from the conditions stated in the Contract or in the absence of such statement which differ materially and substantially from those which should reasonably have been anticipated.

(b) any of the following ……” At line 39 (page 29) insert a new paragraph:

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 16/23 © Sunshine Coast Regional Council

“The Contractor shall not be entitled to any payment arising from the granting of an extension of time over and above any payment to which he is entitled under the contract for the event that caused such extension of time.” Starting at line 42 (page 29): Delete the paragraph and replace with” “A delay by the Principal or the failure of the Superintendent to grant a reasonable extension of time or to grant an extension of time within 28 days shall not cause the Date for Practical Completion to be set at large but nothing in this paragraph shall prejudice any right of the Contractor to damages and there shall be no payment to the Contractor because of the granting of such extension of time.”

36. Delay or Disruption Costs

Delete clause and replace with:

“Where the Contractor has been granted an extension of time under Clause 35.5 for any delay caused by any of the events referred to in Clause 35.5 (b)(i), the Principal shall pay to the Contractor: (a) an amount calculated by multiplying the rate for delay costs in the Annexure by the period of the extension of time; or (b) if there is no such amount, the direct costs which the Contractor can demonstrate to the Superintendent by written evidence that it has suffered as a consequence of that delay. The amount payable by the Principal to the Contractor under this Clause is the agreed damages payable by the Principal to the Contractor and is in full satisfaction of all claims, demands, actions, proceedings or suits for damages which the Contractor may make or bring against the Principal arising in connection with all and any delay or disruption however caused or encountered by the Contractor in the execution of the work under the Contract.”

41. Day Work

Line 44 to read as follows: “In determining the value of day work where the contract does not include rate(s) for day work regard shall be had to -.”

46.1 Contractor's Prescribed Notice -

Starting at line 38 – delete this paragraph and replace with:

“The Principal shall not be liable upon any other claim by the Contractor for any extra cost or expense in respect of or arising out of any direction or approval by the Superintendent unless within 42 days after the first day upon which the Contractor could reasonably have 40 been aware of the entitlement to make the claim the direction or approval is given to the Contractor,, the Contractor has given to the Superintendent the prescribed notice.”

ADDITIONS: The following clauses have been added to those of AS2124-1992 clauses 1 to 48: 49. SAFETY The Contractor will comply with all Queensland Workplace Legislation which includes (i) Qld Workplace Health & Safety Act 1995, (ii) QLD Workplace Health & Safety Regulation 2008 and all advisory standards and codes of practice, and within the area so required for the performance of the Contract must:-

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Construction AS2124 Nov 10 Page 17/23 © Sunshine Coast Regional Council

(a) If the work is construction work which is a prescribed activity (either demolition work or asbestos removal work as defined in Schedule 1 of the Act); or the estimated final price for the construction work is more than $80,000 become the Principal Contractor under the Act;

(b) Ensure that the provisions of the Act are complied with; (c) Ensure that all equipment used :- (d) is maintained in a safe and serviceable condition; and (e) is used and operated safely and competently. (f) Provide suitable precautions and safeguards during operations on site. (g) Provide suitable delivery vehicles so as not to endanger the health or safety of any person,

cause damage to any property, or cause nuisance to the public; (h) Provide Material Safety Data Sheets to the Council, where the work is to be performed on

occupied Council property; (i) Provide protection for members of the public on site; (j) Ensure that the site is kept in a tidy condition; (k) Provide other safeguards and take such other safety measures as required.

The provisions of this clause will apply to and bind any sub-contractor employed by the Contractor, and the persons employed by such sub-contractors. The Contractor must incorporate like obligations in each sub-contract. The Contractor alone shall be responsible for the safety related to and during performance of the Work at the site to protect the Work, temporary works, workers, the public and all other people at the sites and the property of third parties. The Contractor agrees to comply with all relevant statutory requirements and will indemnify and keep indemnified the Principal in respect of any loss, injury or damage suffered by the Principal as a result of the failure to observe a statutory duty, whether imposed directly on the Contractor or not. The indemnity extends to include any loss or damage suffered as a result of any inquiry, investigation, prosecution or other proceeding under any applicable legislation. The Contractor shall ensure that all fabrication tools, Constructional Plant and temporary works and other items used in accomplishing the Works, whether purchased, rented or otherwise provided by the Contractor or others, are maintained in a safe, sound and good condition, capable, in the opinion of the Superintendent, of performing the functions for which they are intended. Should the Superintendent observe, in his opinion, an unsafe act or become aware of a planned unsafe act, he has the power to direct the Contractor or any employee, or Subcontractor concerned to cease, or not proceed with unsafe work. The Contractor shall, at his sole expense, modify his method of work in order to satisfy the Superintendent that work is proceeding in a safe manner. The ceasing of work, pending compliance with a safety direction, will not relieve the Contractor of the responsibility to effectively perform the contract. The Superintendent may deny any person who fails to comply with safety regulations or requirements access to the site. The Contractor shall ensure that all persons employed by or under the control of the Contractor and working at the sites acquaint themselves and observe and comply with all rules, regulations and directions which may be promulgated or given from time to time by the Principal or the Superintendent or his representative relating to any matter including, but not limited to, the safety of persons, third parties and the preservation of property. All accidents must be immediately reported to the Superintendent or his representative together with the appropriate Authorities as soon as possible after the occurrence. Within 24 hours of the accident, a full report detailing the accident itself, its cause and measures taken by the Contractor to prevent further occurrences must be submitted to the Superintendent. The Contractor shall ensure all its staff employed on the sites are supplied with and strictly adhere to the wearing of Standards Australia (AS) compliant) approved protective footwear and safety helmets. Where workers are engaged in dusty or other similar conditions the Contractor shall ensure that (AS) compliant eye protection, respirators or any other aid to safe and healthy working practices are supplied to workers and are used by them.

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 18/23 © Sunshine Coast Regional Council

Site work that involves equipment or machinery placement or any lifting with mobile or stationary cranes shall be staffed with at least a certified rigger whose licence has been viewed by the Superintendent before any lifts are allowed. The licences of all mobile crane drivers must also be available for viewing. 50. POLICY, DELEGATIONS & GUIDELINES COMPLIANCE The Contractor, its employees, agents and subcontractors shall comply with all Council Policies and Guidelines which include but are not limited to Delegations, IT, Procurement, Code of Conduct, Fraud and Corruption. 51. AVAILABILITY OF CONTRACT FOR USE BY OTHER COUNCILS Subject to mutual agreement by all parties including the Contractor this contract may be accessed by other Councils in Queensland. The responsibility for establishing and management of Sunshine Coast Regional Council contracts by other Councils rests with the Council wishing to access the Sunshine Coast Regional Council contract and the contractor. Other Councils and contractors accessing Sunshine Coast Regional Council contracts are to indemnify and keep Sunshine Coast Regional Council indemnified from any legal action as a consequence of the contractual arrangements. 52. INVOICING The Contractor must submit invoices to the Principal on a monthly basis, unless otherwise specified in the Special Conditions of Contract. The Principal will not have any obligation to pay the Contractor unless the invoice is rendered correctly. A correctly rendered invoice must:

(a) be mailed to the address on the purchase order; and (b) identify the subject of the invoice and if the invoice has already been paid by credit card (c) specify all of the following:

i. title of the Contract; ii. the Contract number allocated to the Contract by the Principal (or any other number

as the Principal may specify in writing to the Contractor for the purposes of the Contract)(if any);

iii. details of the Order; iv. purchase order number; v. details of the Contract Price requested by the Principal; vi. Australian Business Number of the Contractor; vii. address for payment of the Contractor; viii. date of supply of the subject matter identified in the invoice; ix. Contractor’s invoice number and invoice date; x. Contract Price payable by the Principal and particulars of any GST payable in respect

of the Contract Price;

(d) In addition where: i. the charge is calculated on a time basis, provide records verified by the

Superintendent to confirm time spent by individual persons; and ii. where targets are set out in the Order or the Specification provide sufficient detail to

enable the Superintendent to assess progress against the targets; (e) otherwise comply with the requirements of a tax invoice for the purposes of the GST Act.

Upon receipt of an invoice, the Principal may require the Contractor to provide additional information such as an approved Payment Certificate. 53. “AS CONSTRUCTED” DOCUMENTATION The “As Constructed” documents are required for two distinct reasons: Checking: To enable a quantitative check of the “As Constructed” works against the approved design to ensure that design philosophies and criteria have been met

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 19/23 © Sunshine Coast Regional Council

Recording: To provide an accurate record of the “As Constructed” asset details and locations to facilitate effective asset management practices. The contractor shall provide a full set of “As Constructed” documents (where applicable an electronic copy must be provided in ADAC format) to the principal prior to receipt of practical completion payment. 54. DOCUMENTATION DETAILS The As Constructed documentation is a compilation of both electronic and hardcopy documents and shall include the following:

Document Details Format Cover Sheet / Transmittal Form Hardcopy OR Electronic

(PDF) Certification As-Constructed Drawings

– Submission and Compliance Report

Hardcopy OR Electronic (PDF)

Operations and Maintenance Manuals

For all assets where specific maintenance is required

Hardcopy OR Electronic (PDF)

A full set of design plans Must be marked-up and verified "As Constructed"

Hardcopy OR Electronic (PDF)

Asset Plan To be prepared in accordance with "Specification for the Supply of Digital Georeferenced Data"

Electronic (AutoCAD DWG)

55. GIS DIGITAL FILE FORMATS All GIS digital data supplied by Sunshine Coast Regional Council will be in Esri File Format (shape file) only. The successful contractor must have the necessary knowledge and expertise to import and export this format, at the contractor’s own expense.

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 20/23 © Sunshine Coast Regional Council

TENDER DOCUMENTS

SECTION 3 – TECHNICAL SPECIFICATIONS, ATTACHMENTS & DRAWINGS

(READ & RETAIN) CONTENTS:

Specifications 21 Drawings, Plans & Attachments 22

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 21/23 © Sunshine Coast Regional Council

SPECIFICATIONS

1. Extent of Contract 1.1 All works are to be carried out in accordance with the drawings, plans and attachments. 1.2 It is expected that the Contractor will begin construction on the 14th of March 2011. 1.3 While demolition of the non-utilised camp kitchen must not commence until the completion of the

linen store, partial demolition may still take place of the existing amenity building no. 2, providing it does not create a safety hazard to the park patrons nor the staff that require access to the non-utilised camp kitchen for the storage of linen.

2. Site Specific Requirements 2.1 Due to the age of the demolition buildings, all fibre cement products shall be considered to

contain asbestos and shall be removed by professionally qualified persons and disposed of in accordance with legislation.

2.2 Recyclable materials are to be stored and disposed of separately from general waste. 2.3 Hours of work will be between 7.30am to 4.30pm, Monday to Saturday excluding Public

Holidays. 2.4 Contractors and sub-contractors are to abide by the speed limits of the park 8km/hr. 2.5 Provide TV aerial connection and wireless Internet connection in accordance with the electrical

engineer’s specification, the nominated sub-contractor has been specified. 2.6 The Contractor shall provide a 10kW Photovoltaic roof mounted system in accordance with the

electrical engineer’s specification. The Contractor shall budget $75,000 in the tender submission with final price to be varied on invoicing to Council.

2.7 Contractor is to advise the Holiday Park Manager of service disconnection well in advance that will affect the remainder of the holiday park; the contractor should advise the park manager at the earliest possible convenience, a minimum of one hour’s notice is required.

2.8 Contractor is to provide a lunch room, toilets and bubblers for tradespersons, within the contractor’s site area.

3. Reporting 3.1 The Contractor is required to provide a monthly hard copy report submitted with payment claim

detailing; a) Workplace Health and Safety Report b) Incidents, inductions, inspections and sign in records.

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

DRAWINGS, PLANS & ATTACHMENTS Reference No. Detail

Attachment A Formal Instrument of Agreement – sample document

Attachment B Architectural Specification & Appendices

Attachment C Geotechnical Report

Attachment D All of the below drawings Opus Architecture Architectural Architectural cover sheet N.A. Locality and Site Plan – Stages 1 & 2 Q-M0338.12.100 RA Stage 1 Q-M0338.12.101 RA Plans (stage 2) Q-M0338.12.102 RA Roof Plan Q-M0338.12.103 RA Elevations Q-M0338.12.104 RA Sections Q-M0338.12.105 RA Interiors Q-M0338.12.106 RA Interiors (continued) Q-M0338.12.107 RA Interiors (continued) Q-M0338.12.108 RA Details Q-M0338.12.109 RA Structural Structural Cover Sheet and General Notes Q-M0338.12.S200.RO Slab on Ground Plan Q-M0338.12.S210.RO Roof Framing Plan and Sections Q-M0338.12.S220.RO Structural Roof Framing Details Q-M0338.12.S230.RO Hydraulic Cover Sheet Schedule Hydraulic Services Q-M0338.12.400.RO General Notes Hydraulic Services Q-M0338.12.401.RO Site Plan Hydraulic Services Q-M0338.12.402.RO Floor Plan Sanitary Drainage Hydraulic Services Q-M0338.12.403.RO Floor Plan Water Supply Hydraulic Services Q-M0338.12.404.R1 Floor Plan Water Supply Hydraulic Services Q-M0338.12.405.R1 Detailed Sheet Hydraulic Services Q-M0338.12.406.RO

Ashburner Francis Consulting Engineers

Electrical

Construction AS2124 Nov 10 Page 22/23 © Sunshine Coast Regional Council

Electrical Services 10-6-167 E01. B Electrical Services 10-6-167 E02. A Sunshine Coast Regional Council Survey

Survey Plan 20724 S3

Contract Title: Coolum Beach Holiday Park - Replacement Amenities Building No. 2 and Linen Store Contract No: 334201

Construction AS2124 Nov 10 Page 23/23 © Sunshine Coast Regional Council

ATTACHMENT A – FORMAL INSTRUMENT OF AGREEMENT– SAMPLE ONLY FOR CONSTRUCTION CONTRACT AGREEMENT made day of 20 BETWEEN . ACN (”the Contractor”) AND .SUNSHINE COAST REGIONAL COUNCIL ABN 37 876 973 913 (”the Principal”) IT IS AGREED that the Formal Instrument of Agreement together with the annexed documents listed as follows: (All material that constitutes the contract) shall together constitute the contract between the parties. This Agreement is signed for and on behalf of ………………………………………………. by Signature: SIGNATURE NOT REQUIRED Name: ………………………………………………. Position: ………………………………………………. Who warrants that he/she is duly authorised to sign for ………………………………………………. In the presence of: ………………………………………………. This Agreement is signed for and on behalf of SUNSHINE COAST REGIONAL COUNCIL by Signature: ………………………………………………. Name: ………………………………………………. Position: ………………………………………………. Who warrants that he is duly authorised to sign for Sunshine Coast Regional Council In the presence of: ……………………………………………….