request for quotation - strathfield council · request for quotation ... any particular order and...

Request for Quotation Relocating of State Emergency Services Demountable Sheds 1 Weeroona Road, Strathfield, NSW, 2135

VERSION: 1 ISSUE DATE: 17th March 2016 CLOSURE DATE: 31st March 2016

Please register your interest with the

contact person via email at the same time as downloading the document, so the Council can send you any announcements that are

relevant to this Request for Quotation.

REQUEST FOR QUOTATION RELOCATING OF STATE EMERGENCY SERVICES DEMOUNTABLE SHEDS

At 1 WEEROONA ROAD, STRATHFIELD

Contents 1.0 INTRODUCTION ............................................................................................................. 3 2.0 OVERVIEW OF REQUEST PROCESS ........................................................................... 3

2.1 Outline of Request Process ........................................................................................... 3 2.2 Indicative Timetable....................................................................................................... 3 2.3 Lodgement of Tenders and Delivery Method ................................................................ 4 2.4 Place to Lodge Responses ........................................................................................... 4 2.5 Information to be Submitted with the Response ........................................................... 4

3.0 EVALUATION OF PROPOSALS .................................................................................... 5 3.1 Assessment and Evaluation of Proposals ..................................................................... 5 3.2 Evaluation Criteria ......................................................................................................... 5 3.3 Reservations of Council ................................................................................................ 5 3.4 Rejection of Responses ................................................................................................ 5

4.0 SITE INFORMATION ....................................................................................................... 6 4.1 Site Location and Identification ..................................................................................... 6 4.2 Site Features ................................................................................................................. 6 4.3 Background ................................................................................................................... 6

5.0 SCOPE OF SERVICE ...................................................................................................... 7 5.1 Required Works ............................................................................................................. 7 5.2 Project Cost ................................................................................................................... 8 5.3 Project Timelines ........................................................................................................... 9 5.4 DELIVERY ................................................................................................................... 10

6.0 CONTRACTOR RESOURCE REQUIREMENTS, QUALIFICATIONS AND ACCREDITATIONS ....................................................................................................... 15 6.1 Relevant Experience ................................................................................................... 15 6.2 License and Qualifications .......................................................................................... 15

7.0 WORK REQUIREMENTS .............................................................................................. 11 7.1 Tender Briefing/ Site Inspection .................................................................................. 11 7.2 Project Insurance Requirements ................................................................................. 11 7.3 Public Properties Protection ........................................................................................ 12 7.4 Materials and Workmanship ........................................................................................ 12 7.5 Mains and Services ..................................................................................................... 13

8.0 SITE MANAGEMENT PLAN ......................................................................................... 14 8.1 Hours of operation ....................................................................................................... 14 8.2 Site access .................................................................................................................. 14 8.3 Noise ........................................................................................................................... 14 8.4 Air quality ..................................................................................................................... 14 8.5 Waste and water management ................................................................................... 14 8.6 Site signage and contact numbers .............................................................................. 14 8.7 Complaint reporting and resolution ............................................................................. 14

9.0 ENQUIRIES ................................................................................................................... 16 9.1 Nominated Contact Officer .......................................................................................... 16

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2.3 Lodgement of Tenders and Delivery Method

The fee proposal must be lodged by the Deadline. The Deadline for the Request is Thursday 31 March 2016, by 4pm

2.4 Place to Lodge Responses

Council prefers that completed responses are submitted via email to the contact person [email protected]. Council also accepts response by mail or lodged in person. A CD or USB soft copy must also be included.

Responses are to be placed in a sealed envelope. The envelope must be clearly state: “Relocating of State Emergency Services Demountable Sheds, 1 Weeroona Road, Strathfield, NSW, 2135” and mailed to: Strathfield Council, PO Box 120, Strathfield NSW 2135 or submitted by hand to Customer Service at Strathfield Council Administration Building, 65 Homebush Road, Strathfield NSW 2135 (Attention to Rashad Danoun).

2.5 Information to be Submitted with the Response

The Applicant/s must submit the following documents as part of its Response:

• Proposal with detailed scope of services for every task of the project;

• Lump sum with detailed cost for each stage of the work;

• Complete schedule of rates;

• Evidence of insurance coverage;

• Completed RFQ Attachments/Appendences;

• Signed Copies of Council Policies;

• Contract and Departures;

• Project Timeframe.

mailto:[email protected]



3.0 EVALUATION OF PROPOSALS

3.1 Assessment and Evaluation of Proposals

The Evaluation Criteria outlined below will be used to assess and evaluate the Proposals. The Applicant/s must provide the information requested by this request in sufficient detail to allow for the assessment and evaluation process. As part of the evaluation and assessment process, the Council may:

Request clarification or further information concerning any Proposals; and Invite Applicant/s to present to Council or participate in interviews or workshops to further

demonstrate their capability to undertake the Services and the Deliverables.

3.2 Evaluation Criteria

Proposals will be assessed by reference to the following Evaluation Criteria. These criteria are not listed in any particular order and are not necessarily exhaustive, and may not be given equal weight.

Capability to complete the work and past experience in the region or elsewhere in similar projects; Understanding of the requirements presents high competency in completing the work in an

outstanding safe manner. All applicants must submit the Safety Management System and generic safety documentation for Council to assess during the criteria assessment;

Scope of service and detailed methodology; and Project cost.

The evaluation of the Proposals will be based on the receipt of all information requested in or by virtue of this Request.

3.3 Reservations of Council

The Council reserves the right at any time to:

Accept, reject or exclude any Proposal; Select Applicants to enter into detailed negotiations with the Council or submit further proposals to

the Council; Accept all or any part or parts of any Proposal or Proposals, including Proposals which are not

Conforming Proposals; and Appoint Successful Applicant/s.

The Council is not bound to accept the lowest or any Proposal.

3.4 Rejection of Responses

A response will be rejected without consideration of its merits in the event that:

It is not submitted before the Deadline; or It is not submitted at the place specified in the Request.

The Principal may reject any Non-Conforming Response.



4.0 SITE INFORMATION

4.1 Site Location and Identification

The SES demountable sheds are located at Strathfield Council Depot at 1 Weeroona Road, Strathfield (the Site). The site is proposed to be demolished in preparation for reconstruction in that location. The site details are summarised in Table 2 below. The site location is shown in Figure 1.

4.2 Site Features

The demountable sheds consists of:

• Two connected sheds, south to north, comprising a steel roof and outstructure; • Kitchen and offices.

Table 2: Site Identification

Site Details Comments

Site Address 1 Weeroona Road, Strathfield, NSW 2135

Site Identification LOT 70 DP 1140766

Local Government Strathfield Municipal Council

Site Zoning General Industrial (IN1) Public Recreation under Strathfield Council LEP (2012)

Current Use State of Emergency Services Offices

Buildings/Sheds dimensions An indicative dimensions of the building are: 28m long x 10m wide x 3m high

Proposed Use Offices and structure

Site Area Approximately 180 m2 excluding the ramp and the stairs

4.3 Background Council is proposing the relocation of the existing SES demountable sheds located to the west of the Strathfield Council Depot site located at 1 Weeroona Road, Strathfield, to a new location at the same site as indicated in Figure 2.

The demountable buildings are used as offices and associated amenities. These sheds are currently located under high voltage 32,000 kV cables and is required under the safety legislation to be relocated to another location.

Development Application for the works was lodged by the Council and approval will be obtained prior to commencing the works on the site.

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• Council will obtain the approval for the outage of the high voltage cable from the NSW State Rail prior to the commencement of the Works; Council has submitted a proposal to the State Rail for the outage approval as the work to be carried out between Saturday 28th May 12:00pm and Sunday 29th 12:00pm. The approved date will be announced once the approval is granted from NSW State Rail;

• Council has obtained the approval from Viva Energy Australia and Corrosion Control Engineering will be onsite to supervise the work during the relocation process;

• Council will organise for all the utilities and services associated with the sheds/buildings to be completely disconnected a day prior to the relocation;

• Council will organise to disconnect the ramp from the sheds/building a week prior to the relocation work.

5.1.4 Site work conditions

Successful contractor is responsible to ensure the following:

• Safely barricade/fence the work area and maintain site safety conditions; • Ensure the work is undertaken in appropriate method that does not have impact on other activities

at the Council Depot; and • Clear communication with Council Project Manager and Council Depot Coordinator to minimise

any impact of the Works on the Council’s activities.

5.1.5 Relocation Works

The works involve relocating the SES demountable sheds/buildings as shown in Figure 1 based on either of the options below (refer to Figure 2):

• Option 1: Relocating the buildings/sheds using a crane that can be positioned in the adjoining carpark; or

• Option 2: Relocating the buildings/sheds using truck and house moving platform trailer to move the buildings/sheds along Weeroona Road to the new location.

This work includes recycling the existing piers over to the new site and relay them on to the semi flat concrete surface (the base of the current proposed building to be demolished).

The demountable buildings/sheds can be moved in one or two stages. Council would require a full detailed scope of service on the method to relocate the buildings/sheds.

5.2 Project Cost

The Applicant/s are required to submit a lump sum with detailed project cost for each task of this project. Applicant/s are also required to submit schedule of rates as per Attachment A. Any charge not stated in the fee proposal under schedule of rates, as being additional will not be allowed as a charge for any transaction under any resultant Contract.

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5.4 DELIVERY

The Contractor will be responsible for any consequences resulting of not completing this project within the project timeline.

5.4.1 Contract work

All work must be completed in accordance with the Council’s General Condition of Contract attached. Any departures of the Contract must be submitted with the proposal for Council consideration and future negotiation.

5.4.2 Compliance with policies

All works must comply with the following Council’s policies:

• Business Ethics Policy

• Code of Conduct

• WH&S Policy

• Assets Management Policy

All Council policies can be found in the Council website in the link below:

https://www.strathfield.nsw.gov.au/council/council-documents/policies/

https://www.strathfield.nsw.gov.au/council/council-documents/policies/



6.0 WORK REQUIREMENTS

6.1 Tender Briefing/ Site Inspection The quotation briefing/site inspection is not mandatory but all interested parties are strongly encouraged to attend the inspection. The briefing/inspection will be held on Wednesday 23rd March, 2016 at 10am. The location of the meeting is at Strathfield Council Depot located at 1 Weeroona Road, Strathfield NSW; entrance to the site will be through the depot entrance gate. Attendants must be appropriately attired in Hi Vis vests and/or clothing with enclosed footwear and appropriate sun protection and hats.

All visitors to the site need to sign in and out of the site within the Depot Coordinator’s Office.

The briefing/site inspection will provide applicants with the opportunity to clarify any uncertainties with the contact person prior to the closing of the RFQ.

Please confirm your attendance at this meeting with the contact person Rashad Danoun via email ([email protected]) no later than Monday 21st March, 2016.

6.2 Project Insurance Requirements The Contractor shall meet the following requirements and accept the following risks in association with any work under this specification:

The Contractor shall undertake whole risk of carrying out the Contract, and shall hold the Council indemnified against all claims arising out of any injury to any person or persons including: Contractor and/or their employees or employees of the Council; the general public; or damage to any property whatsoever, whether caused by use of plant when driven or operated by Contractor or their employees or any other person whether employed by Contractor, or caused otherwise whatsoever.

The Contractor shall at own expense insure and keep insured by policies of insurance during the entire period of work and lease: o Their workmen or employees pursuant to the requirements of Workers Compensation Act 1987,

with an insurer approved by the Council with an unlimited common law cover;

o Plant against damage to it or loss by theft, whether the same shall be caused by acts or defaults of the Council or its servants or otherwise whatsoever.

o Against any injury to any third party or parties or damage to any property whatsoever, caused by use of plant when driven or operated by Contractor or their employee, or caused by any person driving or operating such plant whether employed by Contractor or not. Such policy of insurance shall be in sum of at least $20,000,000.

All insurance policies shall be extended to cover legal liability of the Council as Principal. All insurance policies required, and evidence of their currency shall be produced for inspection by the Council with the response.

Applicants are required to complete the table below.

mailto:[email protected]



Table 4: Insurance Requirement

Insurance Type Insurer – Broker Policy Number

Value Required ($)

Expiry Date

Public Liability $20 million

Professional Indemnity & Liability $20 million

Workers Compensation In accordance with legislation

Motor vehicle Insurance Covering Damage to Third Property $20 million

6.3 Public Properties Protection

The Contractor accepts full responsibility for public safety. The Contractor is liable for injury to any person and/or damage to any property in carrying out or as a consequence of work under Contract.

The Contractor or their employees or any other person employed by Contractor shall abide by all Occupation Health and Safety requirements.

The Contractor shall be responsible for provision and maintenance of all warning signs, barriers, temporary fencing and traffic control where necessary for protection of public from loss, damage or injury and in accordance with Australian Standard AS 1742.3-1996, while work is in progress and until works are completed. The Contractor shall meet all Work Cover and OH&S legislation that is applicable to each task and location of the work. Where obstructions remain overnight, adequate lighting shall be provided with a minimum of three lamps around any obstruction within public or Council access.

If the Contractor fails to erect and maintain adequate warning signs, temporary fencing and barriers, the Council may arrange for additional fencing and barriers at discretion of the Council’s representative. Any cost associated with this arrangement will be charged to the Contractor.

Work shall be carried out with the least possible public inconvenience, particularly in regard to pedestrian circulation. Contractor must agree to these ongoing contractual obligations.

6.4 Materials and Workmanship The Contractor shall accept condition and responsibility for all equipment and materials once delivered to site. Protect all finished work including but not limited equipment, materials, and fittings from damage until completion of all works.

The Works and finished products shall be carried out in accordance with all relevant Australian and National Standards and Guidelines including the Australian Standard and Building Code of Australia unless otherwise specified.



Installation of all materials, equipment and fittings should be completed according to manufacturer’s specification unless otherwise specified.

6.5 Mains and Services Cost of repairs to any public utility main/cables and/or services damaged during work shall be the responsibility of the Contractor.

The Contractor is also required to comply with any service provider requirements on site.



7.0 SITE MANAGEMENT PLAN

7.1 Hours of operation The relocating works are to be carried out on Saturday 28th May 2016 from 10:00 am to 11:59 pm and on Sunday 29th May between 12am and 5:00 pm. Other preparation works for the relocation may carried out Monday to Friday between 7:00am and 4:00 pm. Emergency work is permitted to be completed outside of these hours or on Saturday after consultation with the Council’s representative.

7.2 Site access The site access will be through the Council Depot entrance at 1 Weeroona Road, Strathfield.

7.3 Noise The work should comply with the appropriate noise guideline. Given the location of the site, noise monitoring is not required but observation of the noise conditions during the work will be necessary.

7.4 Air quality During the work, wastes may require to be wetted during dry weather using water spray to minimise potential dust generation.

7.5 Waste and water management Waste and sediment management is the contractor’s responsibility and is required to be managed in accordance with the appropriate environmental guidelines including recycling of the existing piers.

7.6 Site signage and contact numbers Signs shall be displayed throughout the duration of the works on the access gates with the contact details of the Contractor and Council Representative Manager. Council should be notified with all contractors’ workers details at least 7 days prior to commencing work on the Site.

7.7 Complaint reporting and resolution Any complaints from public, adjoining site occupants and/or workers on the Site should be directed immediately to the Council Representative.



8.0 CONTRACTOR RESOURCE REQUIREMENTS, QUALIFICATIONS AND ACCREDITATIONS

Council is calling for quotations from experienced and qualified contractors to complete the project tasks identified in Section 5.1. Contractors must identify the following:

8.1 Relevant Experience

Applicants must describe experience in undertaking similar projects. Applicants must, as a minimum, address the following information in an attachment and label it “Relevant Experience”:

Provide details of similar projects; Demonstrate sound judgement and discretion to complete the project; and Commitment to safety and quality management and improvement programs, including WH&S

compliance, service quality etc.

8.2 License and Qualifications

All proposed employees to work on this project should have the appropriate licenses to complete the work with a valid experience in similar type of works.

FIGURES

SITE LOCATION AND RELOCATION PLAN

APPENDIX A

SCHEDULE OF RATES

Schedule of rates

Criteria Rates

Professionals Per hour $

Project Manager

Site Supervisor

Operator

Labor

Other:

Machinary Per Hour/Day $

Truck

Trailer

Crane

Others:

Other charges** Rate

1)

2)

3)

4)

5)

6)

7)

8)

Notes:

** Applicants are required to submit any rate of potential variation.

Any charge not stated in the fee proposal under schedule of rates, as being additional will

not be allowed as a charge for any transaction under any resultant Contract

Any overhead charges must be identified at an hourly rate in this table

APPENDIX B

CONTRACTORS WORK SAFETY AND HEALTH MANAGEMENT SYSTEM QUESTIONNAIRE

This questionnaire forms part of the Principal’s Tender evaluation process and is to be completed by tenderers and submitted with their Tenders and labelled as “Contractor’s Safety & Health Questionnaire”. The objective of the questionnaire is to provide an overview of the status of Contractor’s safety management system. Contractors may be required to verify their responses noted in their questionnaire by providing evidence of their ability and capacity in relevant matters.

WHS Policy and Management YES NO Is there a written company health and safety policy?

If Yes, provide a copy of the policy.

Comments

_______________________________________________________________

Does the company have an WH&S Management System?

If Yes, provide details.

______________________________________________________________________

Is the WH&S Management System audited or reviewed on a regular basis?

If Yes, provide details of last audit and outcomes.

________________________________________________________________

Is there a company WH&S organisation chart?

If Yes, provide a copy.

Comments

________________________________________________________________

Are Work, Health and Safety responsibilities clearly identified for all l ?


Are line managers held accountable for work, health and safety f ?


Safe Work Practices and Procedures YES NO Has the company prepared safe operating procedures or specific safety i t ti l t t it ti ?

If Yes, provide a summary listing of procedures or instructions.

Comments

__________________________________________________________________________________________________________________________________

Are safe operating procedures or specific safety instructions issued to employees?

If Yes, please explain how this is done.

__________________________________________________________________________________________________________________________________

Does the company have any permit to work systems?

If Yes, provide a copy of a standard incident report form.

__________________________________________________________________________________________________________________________________________________________________

Which company personnel are responsible for investigating incidents?

__________________________________________________________________________________________________________________________________________________________________

Do incident reports contain prevention recommendations?

Who is responsible for implementing remedial measures recommended?

Are these procedures to maintaining, inspecting and assessing the hazards of Plant operated/owned by the company?


__________________________________________________________________________________________________________________________________

Are their procedures to storing and handling hazardous substances?


__________________________________________________________________________________________________________________________________

Are there procedures for assessing and controlling risks associated with manual h dli ?


__________________________________________________________________________________________________________________________________

Work Health and Safety

Describe how work, health and safety training is conducted in your company?

__________________________________________________________________________________________________________________________________

Provide a summary or examples of work, health and safety training courses provided for, or undertaken by employees during the past 12 months.

__________________________________________________________________________________________________________________________________

Is a record maintained of all training and induction programs undertaken for employees in your company?

If Yes, provide examples of safety training records.

__________________________________________________________________________________________________________________________________

Provide details of any company safety induction programs for company employees and or/sub contractors.

Work, Health and Safety Workplace Inspection

YES NO Are regular work, health and safety inspections at work sites undertaken?

If Yes provide details.

__________________________________________________________________________________________________________________________________

Are standard work place inspection checklist used to conduct work, health and f t i ti ?

If Yes, provide details or examples.

__________________________________________________________________________________________________________________________________

Who normally completes workplace health and safety inspections?

__________________________________________________________________________________________________________________________________

How are workplace health and safety inspection reports dealt with?

__________________________________________________________________________________________________________________________________

Is there a procedure by which employees can report hazards at workplaces?


Work Health and Safety Consultation YES NO

Is there a workplace health and safety committee?


__________________________________________________________________________________________________________________________________

Are there guidelines on procedures governing the health and safety committee ti ?

Are there employee elected health and safety representatives


__________________________________________________________________________________________________________________________________

Is there a company safety officer?

Comments:

__________________________________________________________________________________________________________________________________

Safety and Health Performance Monitoring

Is there a system for recording and analysing and safety performance statistics?


__________________________________________________________________________________________________________________________________

Is safety performance on the agenda of management meetings?


__________________________________________________________________________________________________________________________________

Is senior management involved in analysis of safety performance statistics?

__________________________________________________________________________________________________________________________________

Has the company ever been convicted of an work health and safety offence


__________________________________________________________________________________________________________________________________

APPENDIX C

GENERAL CONDITION OF CONTRACT FOR THE RELOCATION WORKS

Draft General Conditions of Contract for Relocating State Emergency Services Demountable Shed at 1 Weeroona Road, Strathfield

* Subject to change.

DRAFT ONLY

GENERAL CONDITIONS OF CONTRACT

FOR THE PROVISION OF

RELOCATING STATE EMERGENCY SERVICES DEMOUNTABLE SHED

AT

1 WEEROONA ROAD, STRATHFIELD NSW 2135




TABLE OF CONTENTS 1 GOVERNING LAW 3

2 INTERPRETATION 3

3 EVIDENCE OF CONTRACT 5

4 RISE AND FALL ADJUSTMENT 5

5 SERVICE OF DOCUMENTS 5

6 PROVISION OF WORKS 5

7 MATERIALS, LABOUR AND CONSTRUCTIONAL PLANT 6

8 PEOPLE AND PROPERTY 6

9 QUALITY OF SERVICES 6

10 ASSIGNMENT AND SUBCONTRACTING 6

11 LEGISLATIVE REQUIREMENTS 7

12 INSURANCE 7

13 TIME FOR COMMENCEMENT AND COMPLETION 7

14 MATERIALS 8

15 CONTRACTOR’S REPRESENTATIVE 8

16 CLEANING UP 8

17 DEFECTS LIABILITY 9

18 LATENT CONDITIONS 9

19 VARIATIONS 10

20 SECURITY AND PAYMENT 10

21 LIQUIDATED DAMAGES 10

22 PAYMENT OF WORKERS WAGES AND ALLOWANCES 11

23 DEFAULT OR BANKRUPTCY OF CONTRACTOR 11

24 TERMINATION FOR CONVENIENCE 11

25 SETTLEMENT OF DISPUTES 12

26 WARRANTIES 12

27 CIVIL LIABILITY ACT EXCLUSION 13

28 WORK HEALTH AND SAFETY 13

29 SEVERANCE AND WAIVER 13

30 GST 13

31 SCHEDULE 15




1 GOVERNING LAW

1.1 This Contract is governed by and is to be construed in accordance with the laws of New South Wales. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.

2 INTERPRETATION

2.1 For the purpose of this contract “Clause” means a clause of these General Conditions. “Contract” means these general conditions of contract, the Schedule to these general conditions of contract and any documents referenced in that Schedule.

“Contractor” means the person or persons, corporation or corporations, specified in Item 1 of the Schedule.

“Contract Sum” means:

(a) where payment is to be made on a lump sum basis, the sum which is stated in Item 5 of the

Schedule to the Contract to be payable to the Contractor for the provision of the Works and the performance of the obligations of the Contractor under the Contract;

(b) where payment is to be made on a bill of quantities or schedule of rates basis, the sum

ascertained by calculating the product of the rates and the corresponding quantities set out in the bill of quantities or schedule of rates in Items 6 and 7 of the Schedule to the Contract and adding to the sum thereof the total of any lump sums, provisional sums, contingency sums or other sums included in the bill of quantities or schedule of rates;

(c) where payment is to be made on a lump sum and a bill of quantities or schedule of rates basis,

the aggregate of the sums referred to in paragraphs (i) and (ii), But excluding any additions or deductions, which may be required to be made pursuant to the Contract.

"Date for Practical Completion" means the date stated in Item 12 of the Schedule;

"Defects Liability Period" means the period stated in Item 10 of the Schedule;

"Final Certificate" means the certificate referred to in clause 14.4;

"Good Industry Practice" means the exercise of that degree of skill, diligence, prudence, foresight and operating practice which would reasonably and ordinarily be expected from a skilled and experienced person (engaged in the same type of work to be performed by the Contractor) or any sub-contractor under the same or similar circumstances. "Item" means an Item in the Schedule;

"Latent Conditions" means any of the conditions referred to in clause 15.1; “Officer” means any officer or person authorised by the Principal and notified to the Contractor as an authorised officer for the purpose of this Contract. "Practical Completion" means that stage in the carrying out and completion of the Works when:

(a) the Works are complete except for minor defects:




i. which do not prevent the Works from being reasonably capable of being used for their stated purpose;

ii. which the Superintendent determines the Contractor has reasonable grounds for not promptly rectifying; and

iii. the rectification of which shall not prejudice the convenient use of the Works;

(b) those Tests which are required by the Contract to be carried out and passed before the Works reach Practical Completion have been carried out and passed;

(c) documents and other information required under the Contract which, in the Superintendent's opinion, are essential for the use, operation and maintenance of the Works have been supplied; and

(d) the Contractor has done everything which the Contract requires it to do as a condition precedent to Practical Completion.

"Principal" means Strathfield Municipal Council.

"Qualifying Cause of Delay" means:

(a) any act, default or omission of the Superintendent, the Principal or its consultants, agents or other contractors (not being employed by the Contractor);

(b) state or nation wide industrial strikes not caused or materially contributed to by the Contractor; or

(c) inclement weather.

Any delay caused by the Contractor and its subcontractors do not cover under Qualifying Cause of Delay. “Services” means the whole of the services, tasks, work and requisites to be supplied rendered provided or performed by the Contractor including all variations provided for by the Contract as more fully set out in the Contract. “Specification” means any specifications in the Principal’s Request for Quotation dated 15 March 2016. and such Specification shall be read with these General Conditions as an integral part of the Contract, but in the event of any inconsistency between the Specification and these General Conditions the former shall (unless the Contract otherwise provides) prevail. "Superintendent" means the person appointed by the Principal (and any notified representative of that person) who shall act solely as the Principal's agent in performing the functions specified in the Contract.

"Tender" means the tender response to the tender for provision of Works that was conducted by the Principal. "Term" means the period specified in Item 4 of the Schedule to the Contract.

"Variation" means any of the things referred to in clause 15 which the Superintendent may direct the Contractor to do in varying the Works;

“Works” means the whole of the work set out in Item 3 of the Schedule to the Contract, to be carried out and completed in accordance with the Contract, including variations provided for by the Contract.

and like words have a corresponding meaning.

2.2 In the Contract:

(a) words in the singular include the plural and words in the plural include the singular, according to the requirements of the context; and




(b) no rule of construction applies to the disadvantage of a party on the basis that the party put forward

the Contract or any part.

3 EVIDENCE OF CONTRACT

3.1 If there is any inconsistency between Contract documents, the terms contained in the following documents will prevail in the order of preference set out below:

(a) The Scope of Services in the Principal’s Request for Quotation dated 15 March 2016;

(b) The General Conditions of Contract;

(c) Letter of Acceptance;

(d) Principal’s Request for Quotation dated 15 March 2016; and

(e) Contractor’s Response dated [insert]

3.2 Should any part of the Contract be held in law to be invalid, that part shall be severed from the Contract and to the maximum extent permitted by law; the remainder of the Contract shall have full force and effect.

4 RISE AND FALL ADJUSTMENT

4.1 The Contract shall not be subject to rise and fall adjustment in costs.

5 SERVICE OF DOCUMENTS

5.1 Any notice to be given to the Contractor under the terms of the Contract, shall be served by:

(a) post, or

(b) hand delivery of the notice to the address given in the Tender. 5.2 If a notice is served under clause 3.1(a) it shall be deemed to have been duly received 2 working days after

posting. If a notice is served pursuant to Clause 3.1(b), it shall be deemed to have been duly received on the date of delivery.

6 PROVISION OF WORKS

6.1 The Contractor shall complete the Works by the Date for Practical Completion. 6.2 The Contractor undertakes and warrants to the Principal that it shall carry out the Works in accordance with: (a) the terms of this Contract; (b) the Principal’s Request for Quotation dated 15 March 2016; (c) all relevant legislative requirements; (d) all reasonable directions given by the Principal, and (e) Good Industry Practice.




7 MATERIALS, LABOUR AND CONSTRUCTIONAL PLANT

7.1 The Contractor shall provide all materials, labour, plant, equipment, tools and anything else necessary to

carry out and complete the Works. 7.2 The Contractor shall bear all risk of executing, completing and maintaining the Works in accordance with the

Contract, the drawings and specification (if any) and such orders as the Superintendent may issue. 7.3 The Contractor shall be solely liable for loss or damage to the Works from any cause whatsoever (except

loss or damage caused by any negligent act or omission of the Principal, the Superintendent or the employees, professional consultants or agents of the Principal) until Practical Completion has been achieved.

8 PEOPLE AND PROPERTY

8.1 The Contractor shall indemnify the Principal against: (a) loss of or damage to the Principal's property; and

(b) claims in respect of personal injury or death or loss of, or damage to, any other property,

arising out of or as a consequence of the carrying out of the Works. The indemnity shall be reduced proportionally to the extent that the act or omission of the Principal or its consultants, agents or other contractors (not being employed by the Contractor) may have contributed to such injury, death, loss or damage.

6.2 Clause 6.1 shall not exclude or limit any other right of the Principal to be indemnified by the Contractor.

9 QUALITY OF SERVICES

9.1 All Services rendered shall conform to the Specification and the standards specified in the Contract.

9.2 Where no standards are specified in the Contract, the Services shall comply with the appropriate and current standard of Standards Australia and if there is no such standard then the appropriate and current standard of the British Standards Institution or such other standard as the Principal shall consider appropriate.

9.3 If no standards are applicable, the Services shall be of the highest standard and carried out promptly with all due skill care and diligence.9.4 The Contractor shall employ only such persons as are suitably skilled and experienced in their respective professions, trades or callings, who hold all necessary licences permits and authorities required by law, and whose standards of workmanship are entirely suitable for the performance of the Services and the requirements of the Contract.

10 ASSIGNMENT AND SUBCONTRACTING

10.1 The Contractor shall not, without the prior written approval of the Principal assign, mortgage, charge or

encumber the Contractor or any part thereof or any benefit or moneys or interest thereunder. 10.2 The Contractor shall not subcontract any part of the Works without the Principal's prior consent. The

Contractor shall provide to the Principal all information the Principal requires in order to consider giving such consent.




10.3 No sub-contracting of any rights or obligations of the Contractor under this Contract shall relieve the Contractor from any liability under this Contract or at law in respect of the Contractor's obligations under this Contract.

10.4 The Contractor shall not modify or extend the works described in the Specification of the Request for

Quotation prior to obtaining written approval from the Principal.

11 LEGISLATIVE REQUIREMENTS

11.1 The Contractor shall comply with the provisions of all relevant Acts, regulations, by-laws, orders and

proclamations made or issued under any such Act and with the lawful requirements of public and other authorities in any way affecting or applicable to the Works or the execution of the work under the Contract.

11.2 The Contractor shall give all notices necessary to comply with the aforesaid requirements and shall pay and

bear all fees payable in connection therewith.

12 INSURANCE

12.1 Without limiting its obligations and responsibilities the Contractor in the joint names of itself and the Principal

for their respective rights, interests and liabilities and subject to a cross liabilities clause, shall during the Term take out and maintain the following insurances:

(a) a contractors risk policy (or a similar policy) which shall cover the whole of the Works for not less than

the amount set out in Item 8 of the Schedule to this Contract; (b) a public liability policy in respect of death or bodily injury to any person and damage to property for an

amount not less than the amount set out in Item 8 of the Schedule to this Contract ; and (c) any other insurance reasonably expected and requested by the Principal to be taken out by the

Contractor. 12.2 The Contractor shall effect and keep in effect during the Term such insurance as may be necessary to

adequately protect the Contractor and the Principal in respect of liability for payment of compensation to any employee of the Contractor or of a subcontractor of the Contractor under the Workers' Compensation Act 1987 (NSW) or otherwise at law.

12.3 The Contractor shall hold certificates of proof of all insurances available for inspection by the Principal or the

Superintendent on request. The Contractor shall provide certificates of currency of all insurances immediately upon request by the Principal or Superintendent.

13 TIME FOR COMMENCEMENT AND COMPLETION

13.1 The Contractor shall commence on site within fourteen days after the Principal has given to the Contractor

possession of sufficient of the site for such commencement, or within such further time as may be approved by the Superintendent.

13.2 The Contractor shall provide all health and safety and required documents with 7 days after the Principal has

given the approval to the Contractor to commence the Work. 13.3 The Contractor shall give the Superintendent at least 3 days clear notice of its commencement of the Works

on site. 13.4 The Contractor shall execute the Works expeditiously and in accordance with the Contract including any

directions of the Superintendent. 13.5 The Contractor shall complete the Works by the Date for Practical Completion.




13.6 The Contractor shall only be entitled to an extension of time to the Date for Practical Completion if: (a) the claimed delay results directly from a Qualifying Cause of Delay; (b) the Contractor has submitted its claim for an extension of time to the Principal in writing within 5

days of the commencement of the cause of the delay, and where the delay extends beyond that time has submitted updated claims, notifying the Principal of the then current number of days claimed or the , every 7 days; and

(c) all details required by the Principal other than those set out above have been provided to the

Principal by the Contractor within the time period required by the Principal acting reasonably. 13.7 The Contractor is responsible to deliver the project within the time frame outlined in the Scope of Services in

the Principal’s Request for Quotation dated 15 March 2016. 13.8 The Principal may at any time, for any reason in its absolute discretion, extend the Date for Practical

Completion whether or not a claim for an extension of time has been made by the Contractor. The Principal is not required to exercise its discretion under this clause for the benefit of the Contractor.

13.9 The Principal shall determine any claim for an extension of time and notify the Contractor of its decision

within 14 days of that Contractor's notice.

14 MATERIALS

14.1 Materials used in the work under the Contract and standards of workmanship shall be in conformity with the

relevant standard of the Standards Association of Australia. The Superintendent may, at any time before Practical Completion, reject any material or work which is not in accordance with the Contract and may direct its replacement, correction or removal. All such replacements, corrections and removals shall be at the Contractor's cost.

14.2 Without limiting or otherwise restricting any other provision of this Contract, if the Contractor does not comply

with a direction of the Superintendent under clause 11.1 within the time reasonably stated by the Superintendent, then the Principal may retain a third party to remedy any defect in the Works and all costs and damages suffered or incurred by the Principal in doing so shall be a debt due from the Contractor to the Principal.

15 CONTRACTOR’S REPRESENTATIVE

15.1 Execution of the Works shall be supervised by the Contractor personally, or by an approved competent

person employed by the Contractor whose name shall be notified to the Superintendent in writing. The Contractor or its authorised representative shall be on the site whenever necessary, as determined by the Superintendent, to provide adequate supervision of the execution of the Works. Any order given by the Superintendent to the Contractor's authorised representative shall be deemed to be an order given to the Contractor.

16 CLEANING UP

16.1 As a condition precedent to the Contractor achieving Practical Completion, the Contractor shall clear away

and remove from the site of the Works all constructional plant, surplus material, rubbish and temporary works of every kind and where necessary shall fill and compact and level off all excavations (other than those forming part of the Works) made by the Contractor on the site and leave the whole of the site and Works in a clean and tidy condition to the approval of the Superintendent.




17 DEFECTS LIABILITY

17.1 The Defects Liability Period shall commence on the day that the Contractor achieves Practical Completion. 17.2 The Contractor shall, at its own expense, execute all work of repair, amendment, reconstruction, rectification

and making good of defects, imperfections, shrinkages or other faults as may be required by the Superintendent during the Defects Liability Period or within fourteen days after its expiration if required as a result of an inspection made prior to its expiration.

17.3 Without limiting or otherwise restricting any other provision of this Contract, if the Contractor does not comply

with its obligations under clause 14.2 within the time reasonably stated by the Superintendent then the Principal may retain a third party to remedy any defect in the Works and all costs and damages suffered or incurred by the Principal in doing so shall be a debt due from the Contractor to the Principal.

17.4 After the expiry of the Defects Liability Period and as soon as, in the opinion of the Superintendent, all

defects, imperfections, shrinkages or other faults have been rectified pursuant to Clause 14.2 or 14.3, the Superintendent shall issue a Final Certificate stating the amounts if any then payable by the Principal to the Contractor.

18 LATENT CONDITIONS

18.1 Latent Conditions are physical conditions below the surface of the site that have not been documented at

any time and which differ materially from the physical conditions which should reasonably have been anticipated by the Contractor at the time of the Contractor's tender if the Contractor had:

(a) examined all information made available in writing by the Principal to the Contractor for the

purpose of tendering; (b) examined all information relevant to the risks, contingencies and other circumstances having an

effect on the tender and obtainable by the making of reasonable enquiries; and (c) inspected the site and its surroundings. 18.2 The Contractor hereby warrants and agrees that: (a) it assumes the entire risk arising out of or in connection the physical conditions encountered during

the execution of, or otherwise manifesting itself in connection with Latent Conditions; (b) it shall have no claim arising from or connected with any Latent Condition or the consequence of

any Latent Condition and the Contractor hereby agrees to indemnify and to keep indemnified the Principal against any claim, demand, loss, expense or damage made upon or sustained by the Principal arising out of or in connection with any Latent Conditions;

(c) it shall execute all work (whether by way of repair, rectification, relocation, dismantling, re-

construction or otherwise) arising in connection with a Latent Condition (and the consequences of the same) which, in the opinion of the Superintendent, is necessary for the proper execution and completion of the Works; and

(d) the cost of executing work under clause 15.2 is hereby deemed to be included for all purposes in

the Contract Sum. 18.3 The Contractor shall notify the Superintendent of any Latent Condition within 5 Business Days of the date

upon which it discovered or ought to have discovered the Latent Condition.




19 VARIATIONS

19.1 If, at any time during the progress of the work under the Contract, the Superintendent determines that the

scope of the Works should be varied, the Superintendent may order the Contractor to increase, decrease or omit any part of the Works or change the character or quality of any material or work.

19.2 The rate or price payable for the variation shall be determined by agreement between the Contractor and the

Superintendent, or if agreement cannot be reached, clause 22 applies.

20 SECURITY AND PAYMENT

20.1 The Principal shall be entitled to retain 10% of each progress payment under this clause 17 as security for

the Contractor's performance of its obligations under the Contract. The entitlement to such deductions shall cease when the Principal holds 5% of the Contract Sum.

20.2 The Principal shall release at Practical Completion that part of such security that leaves the Principal holding

2.5% of the Contract Sum. Interest shall not be payable on retained moneys held by the Principal as security.

20.3 Within 14 days of the issue of a Final Certificate in accordance with Clause 14.4 the Principal shall release to

the Contractor any security then held by the Principal under this clause 17. No certificate of the Superintendent shall be deemed to signify approval or acceptance of any completed work.

20.4 The Contractor shall submit claims for payment to the Superintendent at the times specified in the Schedule.

To constitute a progress payment claim under the Contract the following documentation shall be submitted with the claim:

(a) details of the value of Work completed; (b) documentary evidence of the payment of moneys due and payable to workers of the Contractor,

the subcontractors, and workers of the subcontractors pursuant to the provisions of clause 19; and (c) certificates of currency of all insurances required under the Contract. 20.5 Upon receipt of a payment claim submitted in accordance the Contract the Principal shall assess and issue

to the Contractor within 10 business days of such receipt a payment schedule setting out the amount that the Principal intends to pay in relation to the relevant payment claim and, if that amount is less than that claimed, the reasons for the difference. The Principal shall pay the Contractor the amount set out in the payment schedule at the end of the month following the month in which the payment claim was properly made.

20.6 The Principal may deduct from moneys otherwise due to the Contractor: (a) any debt or other moneys due from the Contractor to the Principal; or (b) any claim to money which the Principal may have against the Contractor whether for damages

(liquidated or unliquidated) or otherwise, whether under the Contractor or on any other legal or equitable basis.

20.7 Nothing in this clause 17 affects the right of the Principal to recover from the Contractor the whole of the debt

or claim or any balance that remains owing. 20.8 This clause shall survive any termination of the Contract.

21 LIQUIDATED DAMAGES

21.1 Where an amount for liquidated damages is specified and if the Contractor shall fail to complete the Works

by the Date for Practical Completion, then the Contractor shall pay the Principal the sum set out in Item 11 of




the Schedule, for such default, and not as or in the nature of a penalty, for every week or part of a week by which completion of the Works is delayed.

22 PAYMENT OF WORKERS WAGES AND ALLOWANCES

22.1 The Contractor shall make and deliver to the Principal a statutory declaration that: (a) all workers who are or at any time have been engaged on the work under the Contract have been

paid in full all amounts which have become payable to them under any statute, ordinance of subordinate legislation, or by any relevant, determination, judgment or order of any competent court, board commission or other industrial tribunal;

(b) it has paid all payroll tax due in respect of employees who have performed work under this

Contract as required under the Payroll Tax Act 1971 (NSW); and (c) it has and shall maintain in force valid workers compensation insurance in respect of work done in

connection with the Contract and has paid all workers compensation insurance premiums payable in connection with the Contract, as required under the Workers Compensation Act 1987 (NSW).

23 DEFAULT OR BANKRUPTCY OF CONTRACTOR

23.1 If the Contractor

(a) fails to commence the Works within the period specified by the Contractor; or

(b) or has failed to carry out the Works at a rate of progress satisfactory to the Superintendent; or

(c) has neglected or omitted to carry out any instructions of the Superintendent in respect of the Works; or

(d) has failed to complete the whole of the Works by the Date for Practical Completion; or

(e) has intimated that it is unwilling or unable to complete the Works by the Date for Practical Completion; or

(f) has committed an act of bankruptcy , becomes insolvent or the Principal reasonably considers that the

Contractor is likely to become insolvent, the Principal may, by giving seven days notice in writing, terminate the Contract.

23.2 If the Contract is terminated pursuant to this clause, all moneys held by the Principal may be utilised by the Principal for the purpose of completing the Works and the Principal's remedies, rights and liabilities shall be the same as they would have been under the law governing the Contract, had the Contractor repudiated the Contract and the Principal elected to treat the Contract as at an end and recover damages.

24 TERMINATION FOR CONVENIENCE

24.1 Without prejudice to any of the Principal's other rights under the Contract, the Principal may: (a) at any time for its sole convenience, and for any or no reason, by written notice to the Contractor

terminate the Contract effective from the time and date stated in the Principal's notice; and (b) if it so terminates the Contract complete any uncompleted part of the Works by itself or engage

other contractors to carry out any uncompleted part of the works. 24.2 If the Principal terminates the Contract under clause 21.1, the Contractor:




(a) shall, subject to clause 21.2(b) be entitled to payment for work carried out prior to the date of termination;

(b) the amount that would have been payable to the Contractor under the Contract if the Contract had

not been terminated and the Contractor submitted a payment claim for that part of the Works; (c) the cost of goods and materials reasonably ordered by the Contractor for the Works for which the

Contractor is legally bound to pay; and (d) the reasonable cost of removing from the site all labour, construction plant, temporary works and

other things used in carrying out the Works. 24.3 The Contractor shall take all reasonable steps to mitigate the costs referred to in clause 21.2 and as a

condition precedent to any entitlement to payment under paragraph 21.2, hand over to the Principal the originals of any documents provided by or on behalf of the Principal.

24.4 The amount that the Contractor is entitled to under this clause 21 shall be a limitation upon the Principal's

liability to the Contractor arising out of, or in any way in connection with, the termination of the Contract by the Principal under clause 21.1 and the Contractor shall not make any claim again the Principal arising out of, or in any way in connection with, such termination of the Contract, other than for the amount payable under clause 21.2.

24.5 Clause 21.2 shall survive termination of the Contract under clause 21.1

25 SETTLEMENT OF DISPUTES

25.1 If any difference or dispute (together called a Dispute) between the parties arises out of or in relation to this

Contract or the Works then any party may give the other a notice of dispute (Notice of Dispute) adequately identifying and providing details of the Dispute.

25.2 Notwithstanding the existence of a Dispute, the parties shall, subject to the provisions of the Contract,

continue to perform their obligations under the Contract. 25.3 Within 14 days after receiving a Notice of Dispute, authorised representatives of the Principal and the

Contractor shall confer at least once to resolve the Dispute or to agree on methods of doing so. For every such conference, each party shall ensure that its representative holds the authority to agree to resolution of the dispute. All aspects of every such conference except the fact of occurrence shall be privileged.

25.4 If the dispute has not been resolved within 14 days of service of the Notice of Dispute, that Dispute shall be

and is hereby referred to expert determination in accordance with this clause 22. Such referral shall be a condition precedent to the commencement of any proceedings (including but not limited to litigation proceedings). The expert shall be experienced in dealing with the matters which are the subject of the Dispute.

25.5 The parties shall enter into an agreement with the expert in the form customarily used by the expert. 25.6 The parties agree that nothing in this clause 22 constitutes an arbitration agreement within the meaning of

the Commercial Arbitration Act 1984 (NSW). The expert shall make a determination as expert and not as arbitrator and may reach a decision from his or her own knowledge and expertise.

25.7 The determination of the expert shall be in writing and shall be final and binding except where the amount

payable by one party to the other exceeds $100,000 and a party commences court proceedings within 28 days of the date upon which the determination issued.

26 WARRANTIES

26.1 The Contractor warrants that:




(a) it has the necessary skill and expertise required to perform the Works; (b) it holds all necessary licences, permits and permissions required as a matter of law to undertake the

Works; (c) the Works when complete shall be free from defects including defects in performance and

workmanship, shall be of merchantable quality, shall be fit for the Principal's intended purpose and shall operate satisfactorily in the environment in which the Principal intends to use the Works;

(d) if samples have been supplied and approved by the Principal, the Works shall be in accordance with

samples approved; and (e) it shall be fully responsible for the care of the Works (including but not limited to all goods on site) and

the reinstatement of any damage to the Works (and any areas adjacent to the Works) until Practical Completion has been achieved.

27 CIVIL LIABILITY ACT EXCLUSION

27.1 The provisions of Part 4 of the Civil Liability Act 2002 (NSW) do not apply to any claim the Principal brings or

may bring against the Contractor or any of its servants, agents, employees, nominees or subcontractors arising out of, under, or in any way related to the subject matter of this Contract.

28 WORK HEALTH AND SAFETY

28.1 Subcontractors and Contractor obligation in relations to the Work Health and Safety Act 2011 (WHS

Act): The Contractor shall:

(a) appoint a health and safety representative to conduct all functions and exercise all powers pursuant to

the WHS Act, section 68; and

(b) ensure that it and all sub-contractors engaged by the Contractor in connection with the Works comply with their respective obligations under the WHS Act and Regulation.

29 SEVERANCE AND WAIVER

29.1 If any provision or part of any provision in the Contract is unenforceable, such unenforceability does not

affect any other part of the Contract. 29.1 No waiver or variation of the Contract shall be binding upon the Principal unless a duly authorised officer of

the Principal agrees to the waiver or variation in writing. 29.3 The Contractor shall confirm with the Principal that no variations have been made to the Contract prior to the

Contractor commencing the Works. 29.4 The rights of the Principal under the Contract are cumulative and the exercise by the Principal of one right

does not constitute the waiver of another.

30 GST

30.1 GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any other law

dealing with the imposition or administration of goods and services tax in Australia. Terms uses in this clause which are defined in the GST Law have the meanings given in that law.




30.2 Each party warrants to the other that it is registered for GST. Each party shall notify the other party if it

ceases to be registered for GST. 30.3 Amounts payable under this Contract do not include GST unless otherwise stated. 30.4 If any payable made or other consideration given by a party (Payer) in connection with the Contract does not

include GST and is the consideration for a taxable supply for which the party who makes the supply (Supplier) is liable for GST, the Payer shall, at the same time as the consideration is given, pay to the Supplier an additional amount equal to the amount of the consideration multiplied by the rate of GST under the GST Law.

30.5 Any reference in the Contract to a cost or expense to be reimbursed by one party to another (Payee)

includes any GST payable in connection with a taxable supply to which that cost or expense relates, less the amount of any input tax credit that the Payee or, if the Payee is a member of a GST group, the representative member of the GST group is entitled to claim.




31 SCHEDULE

Item

Description

Details

1

Contractor

Name: [insert] ABN/ACN: [insert] Address: [insert] Facsimile: [insert]

2

Principal

Name: Strathfield Municipal Council ABN/ACN: 52 719 940 263 Address: 65 Homebush Road, Strathfield NSW 2135 Facsimile: (02) 9764 1034 Contact: [insert] [insert] Telephone No: (02) [insert] Email: [email protected]

3

Works

Works associated with the relocation of the existing State Emergency Services (SES) located at 1 Weeroona Road, Strathfield as specified in Principal’s Request for Quotation dated 15 March 2016 (RFQ) in compliance with all relevant legislation and Australian and National Standards and Guidelines including the Australian Standards and Building Code of Australia; and Contractor’s Response dated [insert] and any other services as specified. Works include, but are not limited to, relocating the SES demountable sheds to the new location as presented in the figures attached to the RFQ.

4

Term

Time is of the essence. Works must be completed in accordance with Section 5.2 of the RFQ and entire work must be completed in the last weekend of May 2016 (i.e. 28 and 29 May 2016). unless




terminated earlier, in accordance with this Contract

5

Lump sum payment

[insert]

6

Bill of Quantities

[insert if applicable]

7

Schedule of Rates

[insert if applicable]

8

Contractors risk policy (or a similar policy) cover amount

$20 million per occurrence and in aggregate in any 12 month period

9

Public Liability Policy cover

amount

$20 million per occurrence and in aggregate in any 12 month period

10

Defects Liability Period

n/a

11

Liquidated Damages

$1,000 per day

12

Date for Practical Completion

29 May 2016

13

Date for Payment Claims

After the completion of the works to Council’s satisfaction.




Executed as an agreement EXECUTED on behalf of the Contractor by its duly authorised officer, in the presence of:

) ) ) ) .......................................................................... Signature .......................................................................... Title .......................................................................... Print Name

.......................................................................... Witness Signature .......................................................................... Print Name .......................................................................... Usual Address SIGNED for and on behalf of the Principal by its duly authorised General Manager in the presence of:-

) ) ) .......................................................................... General Manager .......................................................................... Print Name

.......................................................................... Witness Signature .......................................................................... Print Name .......................................................................... Usual Address

DRAFT ONLY Not to be signed

DRAFT ONLY Not to be signed

APPENDIX D

Business Ethics Policy

Business Ethics Policy

As at 7 May 2013

Strathfield Council Business Ethics Policy (as at 7 May 2013) p2

POLICY

TITLE BUSINESS ETHICS POLICY

DATE ADOPTED 6 February 2007 MINUTE 20/07

REVISED 7 May 2013 REVIEW 2015

ASSOCIATED LEGISLATION

Independent Commission Against Corruption (ICAC) Act 1998 Local Government Act 1993 Work Health and Safety Act 2011 Privacy and Personal Information Act (PPIPA) 1998 Public Interest Disclosures Act 1994

ASSOCIATED POLICIES

Access to Information Policy Code of Conduct Complaints Handling Policy Gifts and Benefits Policy Media and Corporate Presentation Policy Procurement Policy Records Management Policy Secondary Employment Policy Sponsorship Policy Work Health & Safety Policy

1.0 Introduction 1.1 Title and Commencement

This policy is titled Business Ethics Policy. This policy was adopted on 6 February 2007 by Council resolution (minute 20/07). The following amendments have been made:

Date Type Minute 6 February 2007 Adoption 20/07 6 April 2010 Revision 88/10 24 August 2012 Policy amended as legislation

changed eg OH&S and Protected Disclosures Acts were replaced and/or amended.

Administrative amendment

7 May 2013 Policy amended due to adoption of new Code of Conduct

85/13


1.2 Background and Purpose of Policy

This policy outlines the ethical standards required of tenderers, suppliers, consultants and contractors engaged by Strathfield Council. This policy guideline exists concurrently with the legislative, regulatory and other policy requirements, notably Council’s Code of Conduct, which controls or affects the business of Council.

1.3 Objectives of the policy The objectives of this policy are to: set out the ethical standards expected of Council’s suppliers and business partners encourage compliance with Council’s ethical standards provide guidance on complaints and reporting processes

1.4 Coverage of the Policy

This policy applies to councillors and council staff as well as tenderers, suppliers, contractors and consultants and their sub-contractors/employees.

2.0 Policy Statement 2.1 Preamble

Strathfield Council is committed to conducting business professionally at all times and to the highest ethical standards, so that the community has confidence and trust in Council's business dealings, services and decision making. Strathfield Council is committed to our Code of Conduct that set outs the standards for ethical behaviour of Council officials, which includes Councillors and Council employees. Council expects all council officials and representatives to act honestly, transparently and responsibly in their decision making and business partnerships. It is also expected that Council's business partners, including suppliers, tenderers, contractors and consultants, understand our requirements and comply with these standards of behaviour in their dealings with Council.

2.2 Council’s values and commitments to our community

In addition to the statutory charter in the Local Government Act, Strathfield Council has adopted a statement of values which expresses our commitment to servicing the community. Integrity: We will maintain our reputation for honesty and integrity and our ability to fulfil

our promises. It is this concept by which all our actions are based and by which we are happy for our actions to be judged.

Respect: We show respect to those we deal with both inside and outside of the Council Teamwork: We approach all our work as a team, sharing our skills and resources for our

client's benefit. We value the health and safety of our people. Professionalism: We value our clients and are accountable for the work we do with

them. These values are reflected in our actions and decision making processes.


2.3 What you can expect from Strathfield Council

In all business dealings Council expects Councillors and staff to observe the highest standards of ethical, probity and professional conduct. This includes: acting honestly and with impartiality at all times conforming with all legal obligations not engaging in practices that give one party an improper advantage over another being prepared to attest to probity, and not engaging in any form of collusive practice,

including offering or taking inducements, gifts, benefits or fixing of prices etc protecting confidential information clearly specifying all requirements and criteria for evaluation and responding promptly

to requests for advice and information immediately disclosing and managing potential conflict of interests being responsible for our own safety and that of others enhancing and protecting the environment reporting to Council’s General Manager any suspected breaches of these ethical

standards. 2.4 What we expect from our business partners

Strathfield Council requires that all private sector providers of goods and services observe the following principles when doing business with Council: act ethically, fairly and honestly in all dealings with the Council respect the conditions set out in documents supplied by Council, including complying

with relevant Council policies and procedures abstain from collusive practices and not act secretly or fraudulently provide accurate and reliable advice and information when required declare actual, potential or perceived conflicts of interest as soon as you become aware

of them respect the obligation of Council staff to abide by Council’s Code of Conduct and other

policies take all reasonable measures to prevent the disclosure of confidential Council

information. refrain from lobbying or canvassing Councillors or members of staff during the tender

process refrain from offering Council employees, Councillors and/or members of their immediate

families any cash or cash like gifts, financial or other inducements which may give any impression of unfair advantage.

refrain from discussing Council business or dealings in the media, except with Council’s consent.

assist the Council to prevent unethical and fraudulent practices in our business relationships.

deliver value for money report to Council’s General Manager any suspected breaches of these ethical

standards


2.5 Why you need to comply

Strathfield Council requires all business partners to comply with this policy. Compliance with our policy will assist our suppliers of goods and services to advance their business objectives and interests in a fair and ethical manner. Business partners who engage in any unethical or illegal (including corrupt) behaviour could lead to: termination of contracts loss of future work loss of reputation investigation for corruption matters being referred for criminal investigation Consequences for Councillors, staff and volunteers not complying with Council's Code of Conduct may include: loss of civic office investigation disciplinary action dismissal potential criminal charges

3.0 Additional things you need to know 3.1 Gifts or Benefits

Anyone wanting to do business with Council must understand that business practices common in the private sector such as offering of gifts, benefits and incentives is not permitted at Strathfield Council. Under no circumstances will a gift of cash or cash-like gift such as gift vouchers, credit cards, debits cards with credit on them, memberships or entitlements to discounts be accepted. As offering of gifts and benefits may be perceived as an attempt to unfairly influence decisions and services, Council expects Councillors and Council staff to decline gifts or benefits. Council employees and councillors who are offered any gift or benefit must immediately inform the General Manager in writing. Gifts and benefits are recorded in Council's Gift Register and Benefits Register.

3.2 Conflicts of Interests

If an actual, perceived or potential conflict of interest in your work with Council exists or arises, you must disclose it to the Council. A conflict of interest arises if your financial, business or personal interests or those of other people close to you such as family or personal relationships or your affiliation with groups or associations, conflict with your obligations to the Council.


3.3 Media and Public Comments

You must not make any public comment or statement that would lead anyone to believe that you are expressing the views or policies of Council. This includes comments or statements made at public and community meetings, via the media, or when it is reasonably foreseeable that the comments, or statements, will become known to the public at large.

3.4 Communications All communication between Council and its business partners should be clear, direct and accountable to minimise the risk of perception of inappropriate conduct.

3.5 Confidentiality of Information All Council information must be treated as confidential unless otherwise indicated in writing. In dealing with Council information: you must take care to maintain the security of any confidential or personal information

you become aware of in your work with the council. you must abide by the privacy legislation governing the collection, holding, use,

correction, disclosure or transfer of personal information obtained through your dealings with the Council. Personal information is any information about an individual that disclosures identity or where identity can be reasonably ascertained

no one should access, use or remove from Council workplaces or premises any Council information or personal information, unless they need it for their work with the Council and have authorisation to use or disclose the information.

any breach of the security, or misuse, of the council’s confidential or personal information must be reported to the Council’s General Manager.

Council officials are required to protect confidential information, only use confidential information for the purpose it is intended to be used and not use confidential information for the purpose of securing a private benefit for themselves or any other person. Requests for access to Council information will be managed in accordance with Council’s Access to Information Policy and associated procedures.

3.6 Use of Council Resources Council's equipment, resources and information should only be used for its proper official purpose.

3.7 Contracting Employees All contracted and sub-contracted employees are expected to comply with Council’s Business Ethics Policy. If you employ sub-contractors in your work for Council you must make them aware of this policy.


3.8 Intellectual Property Rights

In business relationships with Council, parties will respect each other’s intellectual property rights and will formally negotiate any access, licence or use of intellectual property.

3.9 Harassment and Discrimination Council officials and its business partners must not harass, discriminate against, or support others who harass and discriminate against other contractors, employees or members of the public. This includes, but is not limited to, harassment and discrimination on the grounds of gender, pregnancy, age, race (including their colour, nationality, descent, ethnic or religious background), political affiliation, marital status, disability, sexuality or transgender.

3.10 Sponsorship Strathfield Council seeks and receives requests for financial and/or in kind sponsorship from organisations, businesses or individuals to support specific events, promotions or other activities of Council. All sponsorship arrangements must comply with Council's Sponsorship Policy. It is essential that any sponsorship does not limit the Council's ability to carry out its functions fully and impartially nor will sponsorship influence a Council decision.

3.11 Secondary Employment Council’s business partners should not make offers of employment to Council staff, which may be publicly perceived to obtain an unfair advantage. Council staff are not permitted to engage in outside employment or business that: conflicts with official duties interferes with Council work adversely affects work performance involves using confidential information or Council resources obtained through work with

Council. Council employees must be approved by the General Manager for any form of secondary employment. Failure to obtain approval may result in disciplinary action or dismissal of employment.

3.12 Tendering

Council’s tendering process does not permit applicants to canvass or lobby councillors or contact council staff other than the advertised contact person. Any action or contact that may be considered as an attempt to influence a decision of Council’s staff or councillors shall disqualify the relevant tender applicant.

4.0 Complaints Complaints regarding Council service should be lodged in accordance with Council’s Complaint Handling Policy. Complaints regarding matters relating to contractual arrangements with Council should be raised in the first instance with the Manager responsible for the operational administration.


If these remain unresolved, complaints can be forwarded to Council’s General Manager. 4.1 Reporting breaches of this policy

Council encourages the reporting of corrupt conduct, maladministration, fraud or serious waste of public funds. Council undertakes to deal with all reports or enquiries in a prompt, professional and confidential manner. Reports regarding Council's ethical standards should be made to: The General Manager. Strathfield Council PO Box 120 STRATHFIELD NSW 2135 Further information on Council’s policies, including the Code of Conduct can be obtained from Council’s Customer Service Centre at 65 Homebush Road Strathfield, website: www.strathfield.nsw.gov.au, phone: (02) 9748 9999, fax: (02) 9764 1034 or email: [email protected] Alternatively reports of any suspected corruption can be made to Independent Commission Against Corruption (ICAC) or for maladministration to the NSW Ombudsman.

4.2 Protected Disclosures

Disclosures about corrupt conduct, maladministration or waste of public funds are protected under the Public Interest Disclosures Act 1994. Persons who report unethical behaviour that is conduct covered by this Act can seek protection from any reprisal or detrimental action.


DECLARATION OF BUSINESS ETHICS Council’s Business Ethics Policy provides an outline of the ethical framework within which Council operates. It reinforces Council’s values for conducting business as well as stating what Council expects from its public sector and business partners. As a prospective business partner, it is a requirement that you have reviewed Council’s Business Ethics Policy and understand the need to abide by it when conducting business with, or on behalf of, Council.

DECLARATION

I, _____________________________________________________________________________

(name and position of person making declaration) of _____________________________________________________________________________

(name of firm, company, partnership, corporation, association or other organisation or entity)

have reviewed Council’s Business Ethics Policy and declare that ______________________________________________________________________________


and any parent, subsidiary or franchisee of ______________________________________________________________________________


agree to abide by the principles contained therein ______________________________________________________________________________

(Signature of person making declaration)

___________________

(Date)

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