PROVISION OF CONSULTANCY SERVICES: QUANTITY … · consultancy services for projects of varying...
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PROVISION OF CONSULTANCY SERVICES: QUANTITY SURVEYOR Contract 10049 Part A - Tender Document Contact officer: Leanne Vowles Contact phone number: 9262 7517 Email: [email protected] Tender closing time and date: 3.00pm, Thursday 25 August 2011 Location of Tender Box: Civic Centre, 379 Whitehorse Rd, Nunawading 3131
Transcript of PROVISION OF CONSULTANCY SERVICES: QUANTITY … · consultancy services for projects of varying...
PROVISION OF CONSULTANCY SERVICES:
QUANTITY SURVEYOR
Contract 10049
Part A - Tender Document
Contact officer: Leanne Vowles Contact phone number: 9262 7517
Email: [email protected] Tender closing time and date: 3.00pm, Thursday 25 August 2011
Location of Tender Box: Civic Centre, 379 Whitehorse Rd, Nunawading 3131
TABLE OF CONTENTS
PART A – TENDER DOCUMENT INTRODUCTION
1 Invitation to Tender 2 Documents Provided with this Invitation 3 Definition of Terms 4 General Description of the Project 5 Overview of the Scope of the Services 6 Excluded Services
TENDERING CONDITIONS 1 Clarifications 2 Amendments to Tender Documents 3 No Canvassing 4 Tender Questionnaire 5 Subconsultants 6 Conflicts of Interest 7 Environmental Purchasing 8 Costs and Expenses 9 Effect of Submission of Tenders 10 Conforming and Non-conforming Tenders 11 Execution of Tenders 12 Tender Responses 13 Lodgement of Tender Responses 14 Tender Evaluation 15 Additional Information 16 Errors and Omissions 17 Withdrawal of Tenders 18 Further Tenders 19 Council is Not Bound to Accept a Tender 20 Mode of Acceptance of Tender 21 Acceptance of Tender Forms Contract 22 Withdrawal of Acceptance if No Executed Contract 23 Checklist of Documents to be Submitted with Tender Responses 24. Interview
TENDER 1 Form of Tender 2 Tender Questionnaire
PART B - PROPOSED CONTRACT DOCUMENT CONTRACT AGREEMENT
1 Contract Agreement 2 Sealing Clauses for Consultant
ATTACHMENT 1 – LETTER OF ACCEPTANCE
ATTACHMENT 2 - GENERAL CONDITIONS OF CONTRACT 1 Australian Standard General Conditions of Contract AS4122
ATTACHMENT 3 – COUNCIL’S SPECIFICATION 1 Background to Whitehorse City Council and the Capital Works Program
2 Purpose 3 Information Available 4 Quantity Surveyor’s Scope of Work 5 Other 6 Principal’s Role 7 Submission Format
ATTACHMENT 4 – OH&S REQUIREMENTS 1 General Occupational Health and Safety Requirements 2 Legislative Compliance 3 Occupational Health and Safety Management Systems 4 Job Safety Analysis 5 Incident Notification 6 Non-compliance
ATTACHMENT 5 – CONSULTANT’S TENDER
INTRODUCTION
INTRODUCTION
1 Invitation to Tender Council wishes to engage a panel of Consultants to provide the Services that are described in general terms in Part B of this Invitation and intends to do so following the Tender process set out in this Invitation. Tenderers must accept and comply with all of the Tendering Conditions or risk being disqualified or their Tender being rejected.
2 Documents Provided with this Invitation This Invitation consists of two parts: • PART A – Tender Document, and; • PART B – Proposed Contract Document. Part A contains information about the Tender. The proposed contract document in Part B will form the Contract between the successful tenderer and Whitehorse City Council.
3 Definition of Terms The words and expressions used in this Invitation shall have the same meaning as given to them in the Contract except that the following words and expressions shall have the meanings given to them in this document: Conditions of Contract means the documents set out in Part B of this Invitation;
Contract means the agreement between Council and the successful tenderer pursuant to which the successful tenderer shall perform the Services;
Contract Agreement means the document so entitled set out in Part B of this Invitation;
Council’s Specification means the document so entitled set out in Part B of this Invitation;
Designated Officer means the person whose name, telephone number and e-mail address appears on the front cover of this Invitation;
Letter of Acceptance means a notice in writing advising of acceptance of the Tender by Council;
Project means Provision of Consultancy Services: Quantity Surveyors
Services has the meaning given to this term in the General Conditions of Contract;
Tender means the document so entitled set out in Part A of this Invitation;
Tender Conditions means the tender conditions set out in Part A of this Invitation;
Tender Documents means the documents comprising this Invitation to Tender including Part A and Part B attached to this Invitation, Tender addenda and any other documents issued by Council to the tenderer in relation to the Project prior to the closing of Tenders;
Tender Offer means the tenderer’s fee proposal identified in the completed Tender.
4 General Description of the Project
The purpose of this Tender is to appoint a suitably qualified and experienced panel of Quantity Surveyors to Whitehorse City Council for providing consultancy services for a range of projects located throughout the municipality. Council’s objective is to establish a panel of Quantity Surveyors to provide technical and consultancy services for projects of varying scales and types. Council may seek quotes from multiple panel members for each project and reserves the right to nominate panel members to work with any specialist consultant nominated by Council for individual projects. The quantity of work to be undertaken under this Contract is not guaranteed.
This is a three (3) year Contract, with the option of a two (2) year extension at Council’s discretion. The Tendered rates are subject to rise and fall (CPI) adjustments based on the Melbourne All-groups index numbers at each anniversary date of the Contract.
5 Overview of the Scope of the Services Tenderers should review and carefully examine the scope of Services set out in Part B, Attachment 3, for the purpose of informing themselves concerning the breadth of the Services.
6 Excluded Services Tenderers must ensure that their Tender Offers are inclusive of and take into account the performance of the Services. To the extent that tenderers have not allowed for or taken into account in their Tender Offers the performance of a part, or parts, of the Services, tenderers must set out in detail the part, or parts, of the Services that they have not allowed for or taken into account.
TENDERING CONDITIONS
TENDERING CONDITIONS
1 Clarifications Tenderers should seek any necessary clarification about: (a) these Tender Documents (Part A and Part B); (b) the nature of the proposed Contract (Part B); and (c) the tendering process, from Council’s Designated Officer whose name, telephone number and e-mail address appears on the front cover of this Invitation. Tenderers will receive written notification of any change to the name or contact details of the Designated Officer. All enquiries from tenderers must be identified as a “Request for Tender Clarification” and each such request must be sequentially numbered. Council reserves the right to identify the Request for Tender Clarification and Council’s response to such requests to all tenderers. No statement made by any member of Council’s staff should be construed as modifying this Invitation unless confirmed in writing by Council.
2 Amendments to Tender Documents Council may, by notice in writing to each tenderer, amend the Tender Documents at any time prior to the close of Tenders. Amendments will be made by addenda issued in identical form to each tenderer.
3 No Canvassing Any tenderer who canvasses any Councillor or a Council staff member (other than the Designated Officer) about this Tender will be disqualified from the tendering process.
4 Tender Questionnaire Tenderers must complete the Tender Questionnaire and include the completed Tender Questionnaire with their Tenders. Council is under no obligation to consider Tenders that do not contain a completed Tender Questionnaire but reserves the right to do so.
5 Subconsultants Tenderers are required, as part of their Tenders, to nominate the part of the Services which they intend (if any) to subcontract and the persons or organisations to whom they propose to subcontract the provision of such services. Tenderers may also be required to submit the following information in relation to any proposed subconsultants: (a) details of relevant experience of each of the proposed subconsultants; (b) references for each of the subconsultants; (c) evidence that each of the proposed subconsultants can effect the insurance cover
required by the Contract; (d) confirmation that all proposed subconsultants, agree to comply with these Tender
Conditions and any applicable requirements of the Contract.
Council may, at its sole and absolute discretion, accept or reject a proposed subconsultant. If Council rejects a proposed subconsultant, tenderers may be required to nominate another subconsultant to perform particular services.
6 Conflicts of Interest Tenderers must declare any actual or potential conflicts of interest that may arise in respect of the Project between: (a) the tenderer and Council; and (b) any subconsultants proposed by the tenderer and Council.
7 Environmental Purchasing As part of the Whitehorse Sustainability Strategy 2008-2013, Council will increase the use of services/consultancies that support greater ecological sustainability. Council is willing to favour tenderers that offer environmentally sustainable services and follow ecologically sustainable work practices. The environmentally sustainable services should still meet Council’s requirements for value for money, quality and fitness for purpose. If all of these factors have been satisfied, then it is acceptable to allow a price preference towards the environmentally sustainable service of 10% compared with an alternative service.
8 Costs and Expenses All costs and expenses incurred by tenderers in any way associated with the development, preparation and submission of Tenders in response to this Invitation shall be borne by the tenderers.
9 Effect of Submission of Tenders By submitting Tenders, tenderers shall be deemed to have: (a) ascertained and, if appropriate, inspected all available documents relevant to the
performance of the Services; (b) fully informed themselves of all local information, local conditions affecting or which
may affect the performance of the Services; (c) informed and satisfied themselves as to the requirements of any relevant
legislation which may apply to the performance of the Services (d) formed their own assessment of the nature and extent of work and services
required to perform the Services and properly accounted for all such work and services in their Tender Offers.
10 Conforming and Non-conforming Tenders
Tenderers must submit conforming Tenders. In addition, tenderers may submit non-conforming Tenders, being tenders that do not conform with all of the requirements of the Tender Documents. Council is not under any obligation to consider non-conforming Tenders but reserves the right to consider such Tenders.
11 Execution of Tenders The Tender Form and any other information required by this Invitation to be submitted by tenderers shall be completed and signed by tenderers or by duly authorised representatives of the tenderers.
12 Tender Responses Tenders must: (a) indicate how any objectives and critical success factors set out in Council’s
Specification will be met; (b) indicate how the tenderers propose to address any other issues detailed in
Council’s Specification; (c) include the Tender Form and Tender Questionnaire complete with the required
information; and (d) be in the form outlined in the Tender Documents.
13 Lodgement of Tender Responses Tenders must be enclosed in an envelope. The envelope must be: (a) sealed; (b) addressed to “Whitehorse City Council”; (c) marked with the contract name and number; (d) stamped at the time of lodgement with the date and time stamping machine located
above the Tender box; and (e) placed in the Tender box located in the foyer of Council’s Civic Centre, 379-397
Whitehorse Road, Nunawading by the time and date stated on the front page of these Tender Documents.
Tenders received after the closing time and date or submitted by facsimile or e-mail will not be considered. The timeliness of lodgement of Tenders is the responsibility of the tenderers and Council shall not accept liability for any Tender not received by it by the due time and date. Council accepts no responsibility for Tenders sent by mail.
14 Tender Evaluation
14.1 Evaluation Criteria Tenders will be assessed against the following criteria: (a) Financial benefit to Council; (b) Relevant experience / qualifications; (c) Quality of work and ability to meet timelines; (d) Available resources to execute services The above evaluation criteria are listed in order of priority. Tenderers should ensure that Tenders clearly address the evaluation criteria.
14.2 Equal Opportunity and Occupational Health and Safety Tenders will also be assessed against the following criteria on a Pass/Fail basis: (a) Tenderer’s record, policies and attitude towards Equal Opportunity. (b) Tenderer’s record, policies and attitude towards Occupational Health and Safety.
If a tenderer’s response is assessed as not receiving a Pass in relation to either of these criteria the Tender will be excluded from further evaluation on that basis. Council’s assessment and decision in relation to the tenderer’s record, policies and attitude towards equal opportunity and occupational health and safety is final.
14.3 Financial and Business Viability Council prefers to deal with Consultants that are financially viable and have a positive business history and hence the tenderer may have its financial and business history assessed. If the tenderer is assessed as not financially viable by Council, Council may: (a) reject the Tender on that basis; or (b) take the financial viability risk into account in assessing the Tender and propose
alternate contractual terms to mitigate the financial risk. Council’s assessment and decision in relation to the tenderer’s financial viability is final. Council may obtain independent financial and business reports to determine the tenderer’s business viability and capacity to meet the required contractual obligations. In responding to this Invitation to Tender, tenderers are giving consent to Council to obtain such information. Council reserves the right to use the information obtained for any reviews and investigations it may subsequently undertake. Council reserves the right to request from tenderers any further information or documents that relate to the tenderer’s financial viability or would assist in assessing financial viability. This may include requesting further financial statements. This right is in addition to the right to request information to correct errors or omissions set out in clause 17. If a tenderer does not supply the further information requested, the consequent lack of information may adversely affect its financial viability assessment. Notwithstanding this, the onus is on the tenderer to satisfy Council of its financial viability to meet the required contractual obligations. If incorrect or incomplete information is supplied, this may result in the tenderer failing to pass financial viability due to insufficient evidence of viability. The tenderer must ensure that full disclosure is made of all current and past financial and legal matters relating to the tenderer and any other matter that may affect: (a) an assessment of the tenderer’s business integrity; or (b) the tenderer’s financial viability; or (c) the tenderer’s ability to meet the required contractual obligations. Council undertakes to treat all information obtained with respect to the financial viability of the tenderer with the same degree of security and confidentiality as afforded to the tenderer’s Tender Offer.
15 Additional Information Notwithstanding any other requirements set out in the Tender Documents, Council may require a tenderer to submit additional information concerning its Tender or to discuss its Tender before any Tender is accepted. If a tenderer fails to submit any of the information so required by the date and time stipulated by Council, the Tender may not be further considered by Council.
16 Errors and Omissions Council reserves the right to: (a) check Tenders for errors and omissions; (b) by agreement with the tenderer, amend a Tender price or rate submitted by a
tenderer to remedy the effect of any error or omission in the calculation of the Tender price or rate; and
(c) by agreement with a tenderer, otherwise amend the Tender of the tenderer to remedy the effect of any error or omission.
17 Withdrawal of Tenders
Tenderers may withdraw their Tenders at any time after the expiration of 90 days from the date of lodgement of Tenders, but shall not withdraw their Tenders or Tender Offers until the expiration of such a period.
18 Further Tenders Council reserves the right to invite further Tenders for the Project at any time (including after the date by which Tenders must be lodged as prescribed in clause 14).
19 Council is Not Bound to Accept a Tender Council is not bound to accept the lowest or any other Tender for the Services to be performed under the Contract and may, at its sole discretion, determine; (a) not to proceed with any of the tenderers; (b) to re-tender the Services; (c) to proceed with obtaining the Services by a different arrangement than proposed
by the Tender Documents; (d) not to proceed with the Project; or (e) to accept different Tenders for different parts of the Project.
20 Mode of Acceptance of Tender A Tender shall be accepted only by notice in writing advising of acceptance of the Tender by Council (Letter of Acceptance) which may be handed to, or posted by prepaid post to, or left at the address for service notified by the tenderer in the Tender Form. The successful tenderer shall be deemed to have received such notice: (a) if it is posted by prepaid post, at the time that it would normally be received in the
ordinary course of post; (b) if it is handed to the successful tenderer, on the date that it is handed to the
tenderer; or (c) it is left at the address for service, on the date that it was left at that address. The date of acceptance of the Tender shall be deemed to be that date that appears on the Letter of Acceptance. Any verbal notification by Council or any of its employees, contractors, consultants or agents, of acceptance of Tender shall not constitute acceptance of Tender.
21 Acceptance of Tender Forms Contract The Letter of Acceptance will create a Contract between the parties on the basis of the successful tenderer’s Tender and the Contract. The successful tenderer shall execute and return to Council the Contract provided to the tenderer within seven (7) days of the date of the Letter of Acceptance or the provision of the Contract for execution, whichever is the later. The successful tenderer’s Tender and the Contract shall constitute the terms of the agreement between the parties until such time as the Contract is executed by the parties.
22 Withdrawal of Acceptance if No Executed Contract If the successful tenderer does not execute and return the Contract to Council as required under clause 22, Council reserves the right to withdraw the Letter of Acceptance at any time thereafter by further notice in writing to the tenderer (Further Notice). Where Council issues the Further Notice to the tenderer: (a) the Contract created between the parties pursuant to clause 22 is terminated and
Council shall not be liable to the tenderer for any costs, losses, expenses, or damages incurred by the tenderer on the basis of receiving or acting upon the Letter of Acceptance, or the creation of a Contract by the issuing of the Letter of Acceptance; and
(b) Council shall be entitled to appoint another tenderer for the Project or adopt one of
the approaches referred to in clause 20.
23 Checklist of Documents to be Submitted with Tender Responses Tenderers shall submit as part of their Tenders the following documents: (a) A completed Tender Form; (b) A completed Tender Questionnaire, as required by clause 5; (c) If the tenderer proposes to engage subconsultants, details of such subconsultants,
as required by clause 6; (d) Details of any actual or potential conflict of interest that may arise in respect of the
Project, as required by clause 7; (e) Any other information required by this Invitation to be submitted by tenderers; (f) Details of all qualifications or exclusions for non-conforming Tenders.
24. Interview
Successful Tenderers may need to make themselves available at a date and time nominated by Council to make a 30 minute presentation at the City of Whitehorse municipal offices. This presentation will allow the tenderers to demonstrate their business skills, range of services, projects, resources etc, in effect promoting the tenderers business.
TENDER
TENDER
1 Form of Tender Contract: 10049 Contract Name: Provision of Consultancy Services: Quantity Surveyor Dated this ................................................. day of ....................................................... 2011 Registered name of tenderer: .............................................................................................. Trading name: ...................................................................................................................... Registered office / business address: .................................................................................. .............................................................................................................................................. Mailing Address: ................................................................................................................... .............................................................................................................................................. Australian Business Number (A.B.N.): ................................................................................. Contact person: ....................................................... Office telephone number: ........................................ Mobile telephone number: ....................................... Facsimile number: ................................................... Email address: ..................................................................................................................... The party/parties [delete whichever is not applicable] specified above hereby tender to undertake the Project on the basis of the Conditions of Contract in consideration of the making of the following payments by Council. The tenderer warrants that it has not submitted this Tender as agent of a third party or as a trustee of a trust. It is acknowledged that, until the execution of a formal agreement, this document shall evidence the contract between the parties. ................................................................................. Signature of Authorised Person ................................................................................. Name of Authorised Person (Please print)
1.1 Breakdown per Stage
Stage Description Lump sum cost for
projects with Construction Cost below
$300k
Lump sum cost for
projects with Construction Cost between $301k & $1m
Lump sum cost for
projects with construction Cost between
$1m-$5m
1 Cost Plan A – Master Plan/Feasibility Study
........................ ....................... ..........................
2 Cost Plan B – Schematic Design
........................ ......................... .........................
3 Cost Plan C – Design Development
........................ ......................... .........................
4 Cost Plan C2 – Contract Documentation/Pre-tender
....................... ........................ .........................
**Refer to Attachment 3 – Council’s Specification for Quantity Surveyor’s details/scope of each cost plan 1.2 Time Charge for Variations
Item Task / Type of Consultancy Rate per HourIncluding GST
1 Specify: ............................................................................... $ .......................
2 Specify: ............................................................................... $ .......................
3 Specify: ............................................................................... $ .......................
1.3 Expenses and Disbursements to be Reimbursed to the Consultant
Item Description Amount to be Reimbursed
1 ............................................................................................. $ .......................
2 ............................................................................................. $ .......................
3 ............................................................................................. $ .......................
Sub-total $ .......................
10% Goods and Services Tax $ .......................
Total Lump Sum Tendered Including GST $ .......................
1.4 Schedule of Rates
Item Task / Type of Consultancy Rate per HourIncluding GST
1 Design / Specialist Consultancy Advice
1.1 Principal $ .......................
1.2 Senior Staff $ .......................
1.3 Junior Staff (Qualified) $ .......................
2 Technical
2.1 Draftsperson $ .......................
2.2 Junior Staff (Unqualified) $ .......................
3 Other
3.1 Administration $ .......................
3.2 Please specify: $ .......................
3.3 Please specify: $ .......................
1.5 Schedule of Subconsultants Nominate the part of the Services which the tenderer intends (if any) to subcontract and the persons or organisations to whom the tenderer proposes to subcontract the provision of such services. Council will reserve the right to accept all, some or none of the sub-consultants listed in the schedule below.
Item Nominated Subconsultant Description of Services to be Sub-contracted
1 ..........................................................
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2 ..........................................................
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3 ..........................................................
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4 ..........................................................
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5 ..........................................................
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6 ..........................................................
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7 ..........................................................
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2 Tender Questionnaire Tenderers are required to submit such information as is necessary to enable Council to assess the tenderer’s ability to undertake this contract. The Tender Questionnaire has been prepared to assist the tenderer in supplying this information. The Tender Questionnaire forms part of the required Tender documentation and must be completed and submitted by the tenderer as part of its Tender. All information obtained will be treated by Council with the same degree of security and confidentiality as afforded to the tenderer’s Tender Offer.
2.1 Trading History
(a) How many years has the tenderer been in business under its current business name?
Number of years: .......................................................................................................
(b) How many years experience has the tenderer had in the type of services it would
be required to provide under the contract?
As a consultant .......................................................................................................... As a sub-consultant ................................................................................................... As an employee of a consultant .................................................................................
2.2 Contracts Completed by the Tenderer
List contracts of a similar type and size that the tenderer has completed in the most recent three projects. Also please provide evidence of works in the form of a projects portfolio and make necessary mention of similar services provided. (a) Description of contract: ..............................................................................................
Location of contract: ................................................................................................... For whom contract performed: ................................................................................... Value of work: ............................................................................................................ Commencement date: ............................................................................................... Completion date: ........................................................................................................ Contact person: ..........................................................................................................
(b) Description of contract: .............................................................................................. Location of contract: ................................................................................................... For whom contract performed: ................................................................................... Value of work: ............................................................................................................ Commencement date: ............................................................................................... Completion date: ........................................................................................................ Contact person: ..........................................................................................................
(c) Description of contract: ..............................................................................................
Location of contract: ................................................................................................... For whom contract performed: ................................................................................... Value of work: ............................................................................................................ Commencement date: ............................................................................................... Completion date: ........................................................................................................ Contact person: .......................................................................................................... Please note that the persons listed above may be contacted by Council and treated as referees (in addition to the referees listed in clause 2.7).
2.3 Qualifications and Experience of Principal Individuals List the qualifications and experience of the principal individuals of the tenderer in the type of services it would be required to provide under this contract: (a) Name: ........................................................................................................................
Qualifications: ............................................................................................................ Experience: ................................................................................................................ .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... ....................................................................................................................................
(b) Name: ........................................................................................................................ Qualifications: ............................................................................................................ Experience: ................................................................................................................ .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... ....................................................................................................................................
(c) Name: ........................................................................................................................ Qualifications: ............................................................................................................ Experience: ................................................................................................................ .................................................................................................................................... .................................................................................................................................... ....................................................................................................................................
2.4 Methodology
(a) Describe the tenderer’s proposed work plan and methodology to achieve the specific service objectives described in Council’s Specification: .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... ....................................................................................................................................
2.5 Tenderer’s Resources
(a) State the number of personnel that the tenderer intends to dedicate to the provision of Services under this contract: .................................................................................................................................... .................................................................................................................................... ....................................................................................................................................
(b) Provide details of how the tenderer will ensure that there will be continuing availability of sufficient resources throughout the full term of the contract: .................................................................................................................................... .................................................................................................................................... ....................................................................................................................................
(c) Provide details of the tenderer’s head office and other support (management, contract control and reporting systems, etc) proposed to supplement the resources that will be dedicated to this contract: .................................................................................................................................... .................................................................................................................................... ....................................................................................................................................
(d) Provide details of the approach the tenderer proposes to adopt to achieve a high level of cooperative management with Council: .................................................................................................................................... .................................................................................................................................... ....................................................................................................................................
2.6 Quality Assurance
(a) Does the tenderer have a written Quality Assurance Policy? YES / NO
If YES, a copy of the policy may be requested for verification.
(b) Does the tenderer have a Quality Assurance System certified by a recognised independent authority? YES / NO If YES, a copy of the certificate may be requested for verification.
2.7 Professional Referees for the Tenderer List names and telephone numbers of professional referees for the tenderer: (a) Name: ........................................................................................................................
Position: ..................................................................................................................... Organisation: .............................................................................................................. Telephone Number: ...................................................................................................
(b) Name: ........................................................................................................................ Position: ..................................................................................................................... Organisation: .............................................................................................................. Telephone Number: ...................................................................................................
(c) Name: ........................................................................................................................ Position: ..................................................................................................................... Organisation: .............................................................................................................. Telephone Number: ...................................................................................................
(d) Name: ........................................................................................................................ Position: ..................................................................................................................... Organisation: .............................................................................................................. Telephone Number: ...................................................................................................
2.8 Occupational Health and Safety (OHS) Policy and Management
(a) Does the tenderer have a written health and safety policy? YES / NO If YES, a copy of the policy may be requested for verification.
(b) Does the tenderer have an OHS Management System manual? YES / NO
If YES, a copy of the contents page(s) may be requested for verification.
(c) Are health and safety responsibilities formally identified for all levels of staff? YES / NO
2.9 Safe Work Practices and Procedures (a) Has the tenderer prepared safe operating procedures or specific
safety instructions relevant to its operations? YES / NO If YES, a list of procedures/instructions may be requested for verification.
(b) Does the tenderer have a documented incident investigation procedure? YES / NO If YES, a copy of an incident report form may be requested for verification.
2.10 Manual Handling
(c) Does the tenderer have procedures for identifying, assessing and controlling risks associated with manual handling? YES / NO If YES, provide details: .............................................................................................. .................................................................................................................................... ....................................................................................................................................
2.11 Health and Safety Training
(a) Does the tenderer provide health and safety training and maintain a
record of all training programs undertaken by employees? YES / NO
2.12 Health and Safety Workplace Inspection (a) Does the tenderer have procedures by which employees can
report hazards at workplaces? YES / NO
2.13 Health and Safety Consultation (a) Does the tenderer have a workplace health and safety committee? YES / NO
(b) Does the tenderer involve employees in decision making over
OHS matters? YES / NO
(c) Does the tenderer have employee elected health and safety representatives? YES / NO
2.14 Health and Safety Performance Monitoring (a) Has the tenderer ever been convicted of an occupational health
and safety offence in the last 5 years? YES / NO If YES, provide date and details of offence: ..............................................................
.................................................................................................................................... .................................................................................................................................... ....................................................................................................................................
2.15 Equal Employment Opportunity
(a) Does the tenderer have an Equal Employment Opportunity policy? YES / NO If YES, a copy of the policy may be requested for verification.
2.16 Practical Completion of the Project (a) Demonstrate the tenderer’s ability to complete this Contract within the specified
timeframe: .................................................................................................................................... .................................................................................................................................... ....................................................................................................................................
(b) State the number of working days required by the tenderer to provide the Services under this contract (with due consideration of the nominated Date for Completion):
Number of working days: ...........................................................................................
(c) State the tenderer’s earliest possible start date for the performance of Services under this contract:
Earliest possible start date: ........................................................................................
2.17 Insurances Provide details of the tenderer’s insurance cover: (a) WorkCover Insurance
Name of Insurer: ........................................................................................................ Employer Number: .....................................................................................................
(b) Public Liability Insurance Amount of Insurance Cover (Minimum $10,000,000): $ ............................................. Name of Insurer: ........................................................................................................ Policy Number: ........................................................................................................... Policy Expiry Date: .....................................................................................................
(c) Professional Indemnity Insurance Amount of Insurance Cover (Minimum $5,000,000): $ ............................................... Name of Insurer: ........................................................................................................ Policy Number: ...........................................................................................................
2.18 Addenda Please list all addenda, additional information and correspondence (if any) that the tenderer received from Council prior to the Tender closing time and date.
1. ................................................................................................................................ 2. ................................................................................................................................ 3. ................................................................................................................................
END OF QUESTIONNAIRE
PROVISION OF CONSULTANCY SERVICES:
QUANTITY SURVEYOR
Contract 10049
Part B - Proposed Contract Document
PART B - PROPOSED CONTRACT DOCUMENT
CONTRACT AGREEMENT
CONTRACT AGREEMENT
1 Contract Agreement made on (enter date of acceptance letter) 2011 PARTIES: WHITEHORSE CITY COUNCIL ............................................. (Client) AND: (ENTER CONSULTANT’S NAME AND ABN OR ACN) ......... (Consultant) THE PARTIES AGREE that the following documents: (a) Letter of Acceptance ......................................................................... (Attachment 1); (b) General Conditions of Contract ........................................................ (Attachment 2); (c) Council’s Specification ...................................................................... (Attachment 3); (d) Council’s Occupational Health and Safety Requirements ................ (Attachment 4); (e) The Consultant’s Tender .................................................................. (Attachment 5); (f) Addenda (if any); together with this Contract Agreement, constitute the contract between the parties. In the event of any of the documents containing any discrepancy or inconsistency, then, for the purpose of reviewing the discrepancy or resolving the inconsistency, this Contract Agreement takes precedence over all other documents and those other documents then take precedence in the order in which they are listed above. EXECUTED AS AN AGREEMENT Signed for WHITEHORSE CITY COUNCIL by NOELENE ANNE DUFF in her capacity as Chief Executive Officer and pursuant to Instrument of Delegation dated 21 September 2009 which it is ................................................................. certified has not been revoked or varied, Signature of Noelene Anne Duff in the presence of: ................................................................. Signature of independent adult witness
2 Sealing Clauses for Consultant
2.1 If the Consultant is a Company If the Consultant is a company, it must execute this Contract Agreement either under seal or pursuant to Section 127(1) of the Corporations Act by inserting the appropriate execution clause. There are six possibilities, namely: (a) With sealing attested by director and secretary; (b) With sealing attested by two directors; (c) With sealing attested by sole director and sole secretary; (d) Without seal executed by two directors; (e) Without seal executed by director and secretary; or (f) Without seal executed by one director if the company is a one-director company. ................................................................. Director ................................................................. Director ................................................................. Secretary
2.2 If the Consultant is an Individual SIGNED SEALED AND DELIVERED By: ............................................................ ................................................................. In the presence of: ................................................................. Witness
2.3 If the Consultant is a Partnership SIGNED SEALED AND DELIVERED By: ............................................................ ................................................................. In the presence of: ................................................................. Witness SIGNED SEALED AND DELIVERED By: ............................................................ ................................................................. In the presence of: ................................................................. Witness
ATTACHMENT 1
LETTER OF ACCEPTANCE ATTACHMENT 1 – LETTER OF ACCEPTANCE
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(Letter of Acceptance to be inserted upon awarding of Contract)
ATTACHMENT 2
GENERAL CONDITIONS OF CONTRACT
ATTACHMENT 2 - GENERAL CONDITIONS OF CONTRACT
1 Australian Standard General Conditions of Contract AS4122 The Australian Standard General Conditions of Contract for Engagement of Consultants AS4122-2000 shall be read as part of the Contract Agreement. Only the Annexures from AS4122-2000 have been included in the contract documentation. If required, a copy of AS4122-2000 may be viewed at the City of Whitehorse Council Offices located at 379-397 Whitehorse Road, Nunawading. Part A
Annexure to the General Conditions of Contract for Engagement of Consultants
AS4122-2000
Item
1 The Brief is comprised in the following documents: (Clause 1)
Council’s Specification (Attachment 3)
............................................................................
............................................................................
............................................................................
2 a) The Client or Principal is: (Clause 1)
Whitehorse City Council
ABN 39 549 568 822
b) The Client’s or Principal’s address is:
Locked Bag 2
Nunawading Delivery Centre Victoria 3110
3 a) The Consultant is: (Clause 1)
............................................................................
ABN ...................................................................
b) The Consultant’s address is: ............................................................................
............................................................................
4 The law applicable is that of the State or Territory of: (Clause 1)
State of Victoria, Australia
5 The Contract documents are: (Clause 2)
1. Letter of Acceptance (Attachment 1);
2. These General Conditions of Contract;
3. Council’s Specification (Attachment 3);
4. Council’s OH&S Specification (Attachment 4);
5. The Consultant’s Tender (Attachment 5);
6. Addenda (if any).
Part A
AS4122-2000
6 a) If required by Clause 3(b), the Consultant shall submit a Program for carrying out the Services: (Clause 3(b))
The scope of services to be provided is detailed in Council’s Specification (Attachment 3). A Brief will be provided for individual projects to be undertaken under this Contract.
b) If yes, the Program shall be in the following form: (Clause 3(b))
Microsoft Word/Excel/Project or as otherwise requested by the Client for each project.
c) If yes, the Program shall be submitted at the following time: (Clause 3(b))
Within 5 business days of being requested to do so by the Client and as reasonably requested by the Client from time to time.
7 Key personnel (Clause 3(g))
Name Work to be carried out
................................... .....................................
................................... .....................................
................................... .....................................
8 Fees and charges to satisfy Legislative Requirements payable by the Consultant: (Clause 4(f))
None ...................................................................
............................................................................
............................................................................
9 The Client’s representative is: (Clause 6.1)
Name: Rohan Prathapasinghe
Tel: (03) 9262 6404
Email: [email protected]
10 The Consultant’s representative is: (Clause 6.2)
Name ..................................................................
Phone .................................................................
Email ...................................................................
11 Intellectual Property Rights – Alternative applying: (Clause 8.1)
Alternative 1 (Consultant retains).
12 If Alternative 2 applies, the additional fee payable to the Consultant to vest the Intellectual Property Right in or relating to the Contract Material in the Client: (Clause 8.1)
Not applicable.
13 Additional Purposes for which Contract Material may be used: (Clause 8.2)
This subclause is deleted. Refer to Part B.
Part A
AS4122-2000
14 The Consultant’s liability is limited as follows: (Clause 9.1)
$5,000,000
15 a) Amount of professional indemnity insurance shall not be less than: (Clause 10.1)
$5,000,000
b) The period for which professional indemnity insurance shall be maintained is: (Clause 10.1)
Six (6) years after the date of completion of the Services.
16 The amount of public liability insurance shall not be less than:(Clause 10.2)
$10,000,000 (Ten Million Dollars)
17 Claims for payment shall be made: (Clause 13.1)
On the 5 day of each month; or on completion of the agreed stages of work; or as otherwise agreed by both parties.
18 a) The Consultant’s fee shall be determined as follows: (Clause 13.2)
The fee payment structure may vary for individual projects. Fees shall be paid in accordance with the Consultant’s Tendered rates at the frequencies nominated for individual projects.
Lump Sum Fee
Where the fee is payable on a lump sum basis it is not adjustable except as provided for in the Contract.
Fee in Stages:
The delivery of the Services may be delivered in stages with a fee / percentage of the fee applicable to each stage.
Time charge:
Where the fee is payable on an hourly rate specific to the Level of Task.
Part A
AS4122-2000
b) The expenses and disbursements to be reimbursed to the Consultant shall be: (Clause 13.2)
As set out in the Tender.
19 The times and place for payments shall be: (Clause 13.3)
No later than:
a) 30 days after the date of submission of a claim for payment.
b) Place of Payment:
Locked Bag 2 Nunawading Delivery Centre Victoria 3110
20 The rate of interest on overdue payments is: (Clause 13.4)
This subclause is deleted. Refer to Part B.
21 The deemed frustration date if Services are not completed: (Clause 14.1)
90 days after the completion date specified in Item 6.
22 Arbitration and Expert Determination (Clause 15)
Expert Determination applies.
a) Person to nominate an arbitrator or Expert (Clause 15.3)
the Client.
b) Rules for arbitration: (Clause 15.3)
Rules 5-18 of the Rules of The Institute of Arbitrators & Mediators Australia for the Conduct of Commercial Arbitrations;
c) Rules for expert determination: (Clause 15.4)
The Guidelines for Expert Determination of the Australian Commercial Disputes Centre.
Part B
Annexure to the General Conditions of Contract for Engagement of Consultants
AS4122-2000
Deletions, amendments and additions
1 The following clauses have been added, deleted, amended or differ from the corresponding clauses in AS4122-2000:
1 Interpretation
Clause 1 is amended as follows:
1.1 Contract
The definition of “Contract” is deleted and the following substituted:
“”Contract” means the agreement between the Client and the Consultant and comprises these General Conditions of Contract (including the Annexures and Attachments), the Tender, the Letter of Acceptance and such further documents as are referred to in the Letter of Acceptance as forming part of the Contract.”
1.2 Letter of Acceptance
The following new definition is added:
“”Letter of Acceptance” means the letter from the Client to the Consultant advising that the Client engages the Consultant to perform the Services.”
1.3 Tender
The following new definition is added:
“”Tender” means the written response made by the Consultant in accordance with the documents issued by the Client for the appointment of a consultant for the performance of Services and which comprise the Tender Forms and all attachments and any other information required by those documents.”
3 Responsibilities and Obligations of the Consultant
Sub-paragraph 3(p) is amended by deleting the words “or likelihood”.
8.2 Warranty and Indemnity by Client
Subclause 8.2 is deleted.
10.1 Professional Indemnity Insurance
Subclause 10.1 is amended by deleting “The policy shall include provisions for one automatic reinstatement of the sum insured and for loss of documents”.
13.4 Interest on Overdue Payments
Subclause 13.4 is deleted.
13.5 Tax Invoice
A new subclause 13.5 is added as follows:
“Payment by the Client under Clause 13 is subject to a valid Tax Invoice (as defined in the A New Tax System (Goods and Services Tax Act) Act 1999) being delivered by the Consultant to the Client prior to the due date for that payment”
Part B
AS4122-2000
14.2 Termination due to Default by Either Party
A new second paragraph is added (at Line 38 on Page 11) as follows:
“Substantial breaches also include, but are not limited to:
a) refusal or failure to provide information about the Consultant’s then current financial position having been requested in writing by Council or its appointed agent;
b) the Consultant without disclosure to Council prior to awarding of the Contract, being found guilty of, charged with, or, as determined by Council, having engaged in fraudulent behaviour.”
15.1 Notice of Dispute
Subclause 15.1 is amended by adding the words “if reasonable” to the end of the last paragraph.
15.4 Expert Determination
Sub-paragraph 15(c) is deleted.
15.6 Acknowledgement
A new subclause 15.6 is added as follows:
“The parties agree and acknowledge that a dispute shall not be referred to arbitration until the requirements under subclauses 15.1 and 15.2 have been fully discharged.”
17 Goods and Services Tax (GST)
A new Clause 17 is added as follows:
“a) Save for defined terms in the Contract capitalised expressions set out in this Clause 17 bear the same meaning as those expressions in the A New Tax System (Goods and Services Tax) Act 1999.
b) Except where express provision is made to the contrary, and subject to this clause, any amount that may be payable under the Contract (excluding the Consultant’s fee) is exclusive of any GST. If a party makes a Taxable Supply in connection with the Contract for a Consideration which represents its Value or for no Consideration or part Consideration, then the Recipient of the Taxable Supply must also pay, at the same time and in the same manner as the Value is otherwise payable, the amount of any GST payable in respect of the Taxable Supply. A party’s right to payment under this Clause 17 is subject to a valid Tax Invoice being delivered to the Recipient of the Taxable Supply.
c) To the extent that one party is required to reimburse another party for costs incurred by the other party, those costs do not include any amount in respect of GST for which the other party is entitled to claim an Input Tax Credit.
d) To the extent that any Consideration payable to a party under the Contract is determined by reference to a cost incurred to that party, the GST exclusive amount of that cost must be used”.
Part B
AS4122-2000
18 Privacy Legislation
A new Clause 18 is added as follows:
“The Consultant is bound by the information privacy principles under the Information Privacy Act 2000 (Vic) (as amended) regarding all acts of themselves, their agents and employees and must ensure that all the personal information available to them is only used for the purpose of fulfilling the obligations under this Contract. The Consultant must advise the Client immediately of any breaches of the Act by themselves, its agents or employees and must allow the Client to audit the information practices of the Consultant and provide reasonable assistance during the audit. The Consultant must indemnify the Client in respect of any liability, loss or expense incurred arising out of or in connection with a breach of the Information Privacy Act by themselves, its agents or employees.
This clause shall continue to have effect after the termination or expiry of this Contract.”
19 Equal Opportunity
A new Clause 19 is added as follows:
“In fulfilling the obligations under this Contract, the Consultant shall ensure that all aspects of its operations and activities conform to the relevant Federal and State Government Equal Employment Opportunity legislation and that all employees or sub-contractors of the Consultant work in an environment that is free from discrimination and harassment.”
ATTACHMENT 3
COUNCIL’S SPECIFICATION ATTACHMENT 3 – COUNCIL’S SPECIFICATION
1 Background to Whitehorse City Council and the Capital Works
Program
1.1 Our Location The City of Whitehorse is located 15 kilometres east of Melbourne and covers an area of 64 square kilometres. The municipality is bounded by the City of Manningham to the north, the Cities of Maroondah and Knox to the east, the City of Monash to the south and the City of Boroondara to the west. Whitehorse’s suburbs include Blackburn, Blackburn North, Blackburn South, Box Hill, Box Hill North, Box Hill South, Burwood, Burwood East, Forest Hill, Mitcham, Mont Albert, Mont Albert North, Nunawading, Surrey Hills, Vermont and Vermont South.
1.2 Our Assets The City of Whitehorse has a broad base of infrastructure assets which includes 375 buildings and facilities including Early Childhood and Maternal Care, Leisure and Recreation, Community and Cultural facilities, 60 sportsfields, 174 playgrounds as well as extensive bushland and parkland.
1.3 Our Local Attractions Whitehorse has many attractions for its residents and visitors to discover and experience including:
Box Hill Town Hall which has been transformed into a vibrant hub for Whitehorse community groups incorporating an accredited art space to display Council’s comprehensive art collection and a convenient meeting place for local businesses.
The Whitehorse Centre, the city’s premier arts and cultural centre which attracts thousands of theatre lovers each year. The Whitehorse Professional Theatre and Music Season showcases some of the best professional theatre from around the country at the Whitehorse Centre.
Schwerkolt Cottage and Museum complex in Mitcham is a heritage listed pioneer’s stone cottage in a garden setting surrounded by 2.25 hectares of bushland. This popular attraction is open to the community on weekends.
The Box Hill Community Arts Centre is an artistic and cultural hub and home to a wide variety of local arts and community groups. The centre offers art and craft classes, an exhibition space, art shop and community meeting space.
Blackburn Lake Sanctuary is one of the area’s most important environmental assets and is regarded as one of the most important bird refuges in metropolitan Melbourne.
Sportlink Vermont South, Aqualink Nunawading and Aqualink Box Hill are facilities that attract thousands of people each week.
1.4 Capital Works Program
Council has allocated an average of $22 million per annum for capital works over the last 10 years and has allocated $29.17 million for 2011/2012 financial year for urban improvements, open space and buildings with the allocation for buildings being $8.5 million.
2 Purpose
The purpose of this Tender is to appoint a suitably qualified and experienced panel of Quantity Surveyors to provide consultancy services for a range of projects located throughout the municipality.
The purpose of this specification is to outline Council’s requirements for a Quantity Surveyor to either perform as an individual consultant or to form part of a consultant team. The Quantity Surveyor will be selected based on the response to this specification and the tender document.
3 Information Available
Council will provide the Quantity Surveyor with a project brief and all relevant documentation relating to the project.
4 Quantity Surveyor’s Scope of Work
As part of the consultant team the appointed Quantity Surveyor will have the following responsibilities:
4.1 Cost Plan A – Master Plan Study/Feasibility Study
The Master Plan Study/Feasibility Study will identify a broad scope of works including major site specific issues and also provide information on development options. The Quantity Surveyor will be expected to:
Review all relevant documentation including (but not limited to) floor area schedules, surveys of existing conditions, project specific issues such as the suitability, age and condition of existing facilities, upgrade of site services, asbestos removal, topography, heritage issues, flood levels etc.
Documentation might also include information on the type of foundation, structural frame system, roof system, materials, building services in existing structures and new structures, special site conditions and specific exclusions.
Attend meetings where required Provide the cost plan for client review; modifications may be required.
4.2 Cost Plan B – Schematic Design
The Schematic Design Stage is the most critical cost estimate as it sets out the approved scope of works, budget and operating costs. The Quantity Surveyor will be expected to:
Review all relevant documentation and prepare the cost data by measuring from the drawings and pricing the resultant quantities. The cost plan will also include an allowance for furniture, equipment, fees and contingencies.
Attend meetings where required Provide the cost plan for client review At completion of this stage attendance at a Value Management meeting may be
required which may result in modifications being made to the cost plan 4.3 Cost Plan C – Design Development
The Cost Plan C is based on more detailed information provided by the consultant team. It is undertaken to confirm Cost Plan B and can be used as a tool to maintain or identify cost savings. The Quantity Surveyor is expected to:
Review all relevant documentation and prepare Cost Plan C. Where a variance occurs between B and C, a comprehensive reconciliation statement is required together with an action plan to reduce costs if the project is over budget
Attend meetings where required 4.4 Cost Plan D – Contract Documentation
Cost Plan D is prepared using the full compilation of contract documents (drawings and specifications) and must be completed prior to tendering. The Quantity surveyor is expected to:
Review all contract documentation and measure and price all works and services, and provide a cost for furniture, equipment, fees and contingencies
Attend meetings where required If there is a cost variance between Cost Plan D and previous cost plans, a
comprehensive reconciliation statement is required and a revised Cost Plan D must be issued to the client.
4.5 Contract Administration (The services for this stage to be provided to the principal only on request) The Quantity Surveyor is expected to:
Attend site and other meetings as requested Monitor and control the construction contract sum and prepare monthly progress
reports and cost reports if necessary Assist the Architect with Progress Payment Certificates, Variation Approvals,
Architects Instructions and Extensions of Time statements Assist the Architect and Principal in finalising the account
5 Other
Copy rights of all documents submitted will be held by the City of Whitehorse
Council reserves the right to terminate the services at a particular stage of delivery Council expects the Quantity Surveyor to work with any other Council appointed
consultants deemed necessary and appointed from time to time
6 Principal’s Role The Principal will allocate a Project Manager who will act as the conduit between the consultant team and the City of Whitehorse. The Project Manager will:
Make available all necessary stakeholders as required to enable adequate briefing and design to be undertaken
Provide information Assist in the co-ordination of meetings with City of Whitehorse representatives Participate in meetings/workshops Seek answers to questions Review documentation, provide feedback and co-ordinate stakeholder sign off Arrange payments Appoint other consultants where required
7 Submission Format
The submission should be no more than 20 pages to minimise waste The submission should be double punched bound for ease of photocopying Each page must be numbered with footer, for example Tender Submission for
provision of Consultancy Services – Quantity Surveyor page 3 of 18 Paper should be of 80 gsm weight and not 100gsm, from recycled paper and
double sided copies.
ATTACHMENT 4
COUNCIL’S OCCUPATIONAL HEALTH & SAFETY REQUIREMENTS
ATTACHMENT 4 – OH&S REQUIREMENTS
1 General Occupational Health and Safety Requirements Council is obligated to provide and maintain, so far as is practicable, a working environment for its employees and members of the public, that is safe and without risk to health. This requirement applies equally to consultants providing services to Council. The Consultant and any subconsultants that may be engaged by the Consultant to provide services under this Contract Agreement shall at all times identify and exercise all necessary precautions for the health and safety of all persons. This includes the employees of the Consultant, Council employees and members of the public who may be affected by the Services. The Consultant must comply with any and all directions by Council relating to OH&S.
2 Legislative Compliance The Consultant must comply with and ensure that its employees, subconsultants and agents comply with all applicable Acts, regulations, local laws and by-laws, Codes of Practice and Australian Standards that are in any way applicable to this Contract Agreement or the performance of the Services under this Contract Agreement.
3 Occupational Health and Safety Management Systems The Consultant must comply with all duties of an employer specified in the Occupational Health and Safety Act 2004.
4 Job Safety Analysis The Consultant shall prepare and submit a job safety analysis. A job safety analysis form shall be used to record the risks and risk control methods to be employed by the Consultant specific to the Services to be provided under this Contract Agreement. A typical job safety analysis form (Form E02) is attached for information. The completed Job safety analysis shall be submitted to Council for review and approval prior to the Consultant providing any services under this Contract Agreement.
5 Incident Notification If the Consultant is required by Part 5 of the Occupational Health and Safety Act 2004 or by any other regulations to give any notice of an accident occurring on Council property whilst providing services under this Contract Agreement, the Consultant must at the same time, or as soon thereafter as possible under the circumstances, give a copy of the notice to Council. The Consultant must promptly notify the Council of any accident, injury, property or environmental damage that occurs whilst providing services under this Contract Agreement. All lost time incidents shall be immediately notified to Council. The Consultant must, within 3 days of any such incident, provide a report giving complete details of the incident, including results of investigations into its cause, and any recommendations or strategies for prevention in the future.
6 Non-compliance
If, during the performance of services under this Contract Agreement, Council informs the Consultant that it is the opinion of Council that the Consultant is - (a) not providing the Services in compliance with the Consultant’s OH&S Management
System, the Consultant’s Health and Safety Plan, health and safety management procedures, relevant legislation or health and safety procedures provided by Council; or
(b) providing the Services in such a way as to endanger the health and safety of the Consultant’s employees or Council’s or its contractors’ and subconsultants’ employees, the public, plant, equipment or materials,
- the Consultant shall promptly remedy any breach of this Contract Agreement. Council may direct the Consultant to suspend the performance of services until such time as the Consultant satisfies Council that the Services will be resumed in conformity with this Contract Agreement. During any period of suspension referred to above, Council shall not be required to make any payments whatsoever to the Consultant. If the Consultant fails to rectify any breach of this Contract Agreement for which the performance of services has been suspended, or if the Consultant’s performance has involved recurring breaches of health and safety, the Council may, at its absolute discretion, terminate the Contract Agreement, without further obligation to the Consultant. In this event, Council’s liability shall be limited to payment for the Services provided up to the time of termination or an earlier suspension of works.
Job Safety Analysis Form (This form is to be completed by the Consultant prior to commencing works) E02
Date: ............................................
Contract Number: .........................
Contract Description: ...........................................................................
Council’s Contract Manager: ...............................................................
Telephone: ................................... Signature: ....................................
Consultant: .........................................................................................
Consultant’s Address: .........................................................................
Consultant’s Representative: ..............................................................
Telephone: ................................... Mobile: ........................................
Fax: .............................................. Signature: ...................................
High = Potential to cause death or permanent injury. Medium = Potential to cause lost time injuries. Low = Potential to cause an injury treatable with first aid.
Specific Task / Activity Potential Hazards / Consequences
Risk Category L, M or H
Control Measures
ATTACHMENT 5
CONSULTANT’S TENDER ATTACHMENT 5 – CONSULTANT’S TENDER
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(Successful Consultant’s Tender to be inserted upon awarding of Contract)
