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Request REQUEST TITLE: Interior Fitout and Workplace Design Consultancy Services Panel 2015

REQUEST NUMBER:

2014/07997

CLOSING TIME: 2:30 PM on 7 October 2014 Perth, Western Australia

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

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

PART A RESPONDENT TO READ AND KEEP THIS PART PART A

Interior Fitout & Workplace Design Panel 2015 V6 1 April 2019 of 123 TRIM: 00909022

AMENDMENTS LOG

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

NO. CLAUSE NUMBER

AMENDMENT EFFECTIVE

DATE

1 A.16 Government Office Accommodation Policy and associated standards and guidelines reviewed and available on Department of Finance website.

May 2015

2a

B.1.7 B.1.9.7 B.1.17 B.2

Deleted reference to the Priority Start Building Policy, which is now out-dated. Replaced the reference to the Priority Start Building Policy with the Government Building Training Policy (where applicable). Deleted reference to the out-dated Priority Start Building Policy. Deleted the requirement for Priority Start Building Calculation in the Schedule of Deliverables – Contract Documentation.

October 2015

2b B.1.5.1 B.1.9.6 B.1.8.1 B.1.8.4 B.1.8.5 B.1.9.4 B.1.12.1 B.1.12.7

Reference to updated versions of the BMW Project Cost Planning Guideline and Cost Plan Template available on the Department of Finance website. Common Use Arrangement (CUA’s) Add: CUA40110 Freight Transport Services Delete Appendix 2 and replace updated Ordering & Delivering Furniture for Works Projects available on the Department of Finance website. Added website link for: Flooring Material Guide Design Development Reporting Reworded dotpoint referring to energy minimisation. Remove reference to NABERS. Building Durability - minor amends

December 2015

3 A.7.21 Amended clause for Civil Liability Act 2002 (WA)

March 2016

A.9 Threshold for public disclosure of contract information increased to $50,000

4 A.6.7.4

B.1.28.4

Supplier Demerit Scheme – Clause added to make consultants subject to the demerits scheme

Checking Engineer minimum experience – typo – replace with 10 years experience for major/complex projects and 5 years experience for minor projects.

30 Sept 2017



5 A.1.4 A.7.22

B.2

Updated contact details for contractual and routine enquiries Consultant Declarations – clause added to require consultants to complete and sign a Probity Declaration on engagement from the panel, and any other declarations as required by the Principal. Schedule of Deliverables – Added Consultant Probity Declaration to the schedule of deliverables.

April 2018

6 A.1.3.1 B.1.7.2 B.1.11.1

Clause A.1.3.1 – Lodgement of Tender – remove postal option for submission of tenders. Add electronic option for submission of tenders. New Clause B.1.7.2 and subclauses B.1.7.2.1 and B.1.7.2.2 – Limit on Discretion to Reduce Security – insert limitation on superintendent’s representative’s discretion to reduce security under building works contracts. Clause B.1.11.1 – Development Approval – update terminology and amounts in relation to development approvals.

1 April 2019



TABLE OF CONTENTS A. PART A – REQUEST NO 2014/07997 ................................................................................................................. 6

A.1 OVERVIEW .................................................................................................................................................. 6

A.1.1 TERM ................................................................................................................................................................ 7 A.1.2 STATEWIDE REGISTER ....................................................................................................................................... 7 A.1.3 SUBMISSION OF OFFER .................................................................................................................................... 8 A.1.4 CONTACT PERSONS .......................................................................................................................................... 8

A.2 STRUCTURE OF THIS REQUEST ................................................................................................................... 9

A.3 OBJECTIVES OF THE PANEL ....................................................................................................................... 10

A.4 SUMMARY OF SERVICE REQUIREMENTS ................................................................................................... 10

A.5 ASSESSMENT PROCESS ............................................................................................................................. 11

A.5.1 PREQUALIFICATION REQUIREMENTS ............................................................................................................. 11 A.5.2 QUALITATIVE CRITERIA ................................................................................................................................... 11

A.6 PANEL OPERATION .................................................................................................................................. 12

A.6.1 SELECTION AND ENGAGEMENT PROCESS ....................................................................................................... 12 A.6.2 ACCESS TO PANEL BY THIRD PARTIES .............................................................................................................. 13 A.6.3 FEES ................................................................................................................................................................ 13 A.6.4 COLLABORATIVE ARRANGEMENTS .................................................................................................................. 16 A.6.5 REGIONAL PROJECTS ...................................................................................................................................... 16 A.6.6 INDIGENOUS ENTERPRISE AND EMPLOYMENT TENDERING PREFERENCE POLICY .......................................... 17 A.6.7 PERFORMANCE MONITORING ........................................................................................................................ 18 A.6.8 CHANGES IN CORPORATE CIRCUMSTANCES ................................................................................................... 20 A.6.9 CHANGES IN SPECIFIED PERSONNEL ........................................................................................................... 20 A.6.10 COMPETENCY AND QUALITY OF SPECIFIED PERSONNEL ............................................................................. 20 A.6.11 PANEL MEMBERSHIP ................................................................................................................................... 21 A.6.12 PROVISION OF INFORMATION .................................................................................................................... 21

A.7 TERMS AND CONDITIONS OF THE PANEL ................................................................................................... 22

A.7.1 DEFINITIONS ................................................................................................................................................... 22 A.7.2 GENERAL CONDITIONS OF CONTRACT ............................................................................................................ 24 A.7.3 DISCRETION .................................................................................................................................................... 24 A.7.4 PRINCIPAL’S RIGHTS........................................................................................................................................ 24 A.7.5 CANCELLATION AND VARIATION .................................................................................................................... 25 A.7.6 NO CLAIM ....................................................................................................................................................... 25 A.7.7 FURTHER INFORMATION ................................................................................................................................ 25 A.7.8 SUBMISSION OF OFFER ................................................................................................................................... 25 A.7.9 AGREEMENT WITH REQUEST CONDITIONS .................................................................................................... 26 A.7.10 AGREEMENT BY RESPONDENT .................................................................................................................... 26 A.7.11 OFFER VALIDITY PERIOD .............................................................................................................................. 26 A.7.12 CONFIDENTIALITY ....................................................................................................................................... 26 A.7.13 CONFLICT OF INTEREST ............................................................................................................................... 27 A.7.14 OWNERSHIP / INTELLECTUAL PROPERTY .................................................................................................... 27 A.7.15 ADDENDA .................................................................................................................................................... 27 A.7.16 DISCLOSURE OF INFORMATION .................................................................................................................. 28 A.7.17 GST/RECIPIENT CREATED TAX INVOICE AGREEMENT .................................................................................. 28 A.7.18 NO GUARANTEE OF WORK .......................................................................................................................... 28 A.7.19 NATURE OF CONTRACT ............................................................................................................................... 28 A.7.20 MONETARY VALUES .................................................................................................................................... 29 A.7.21 CIVIL LIABILITY ACT 2002 (WA) .................................................................................................................... 29 A.7.22 CONSULTANT DECLARATIONS ..................................................................................................................... 29



A.8 INSURANCES ............................................................................................................................................. 30

A.9 PUBLIC DISCLOSURE OF CONTRACT DETAILS ............................................................................................. 31

A.10 ACCESS BY THE AUDITOR GENERAL ............................................................................................................ 31

A.11 POLICE CLEARANCES .................................................................................................................................. 31

A.12 ACCESS .................................................................................................................................................... 32

A.13 PREMISES .................................................................................................................................................. 32

A.14 NOTICE OF CLAIMS .................................................................................................................................... 33

A.15 APPROVALS ............................................................................................................................................... 33

A.16 COMPLIANCE WITH GOVERNMENT OFFICE ACCOMMODATION POLICY AND STANDARDS .......................... 33

PART B ‐ SPECIFICATION......................................................................................................................................... 34

B.1 SCOPE OF SERVICES ......................................................................................................................................... 34 B.2 SCHEDULE OF DELIVERABLES .......................................................................................................................... 74 B.3 BUILDING EQUIPMENT MAINTENANCE / REPLACEMENT SCHEDULE .............................................................. 79 B.4 ASBESTOS INCIDENT FLOWCHART ................................................................................................................... 80 B. 5 SAMPLE ANNEXURE ...................................................................................................................................... 81

PART C ‐ RESPONDENT'S OFFER .............................................................................................................................. 86

C.1 NOTE TO RESPONDENT. .................................................................................................................................. 86 C.2 IDENTITY OF RESPONDENT ............................................................................................................................. 86 C.3 CORPORATE STATUS: ....................................................................................................................................... 87 C.4 ACCESS TO PANEL BY THIRD PARTIES .............................................................................................................. 87 C.5 REGISTRATION AS A REGIONAL BUSINESS ...................................................................................................... 87 C.6 COLLABORATIVE ARRANGEMENTS (OPTIONAL) .............................................................................................. 88 C.7 PREQUALIFICATION REQUIREMENTS ............................................................................................................. 88 C.8 QUALITATIVE CRITERIA ................................................................................................................................... 89 C.9 COMPLIANCE AND DISCLOSURE REQUIREMENTS .......................................................................................... 91 C.10 INSURANCE REQUIREMENTS ......................................................................................................................... 93 C.11 NATSPEC REQUIREMENTS .............................................................................................................................. 94 C.12 RECIPIENT CREATED TAX INVOICE AGREEMENT ............................................................................................. 95 C.13 CLAIM FOR REGISTRATION FOR ABORIGINAL ENTERPRISE AND EMPLOYMENT TENDERING PREFERENCE .......... 96 C.14 CONFIRMATION OF ATTACHMENTS .............................................................................................................. 97 C.15 RESPONDENT’S CERTIFICATION OF THE OFFER .............................................................................................. 98

PART D ‐ RESPONDENT'S OFFER – SUBMITTED SCHEDULE OF FEES .......................................................................... 99

D.1 PERCENTAGE FEEABLE VALUE ...................................................................................................................... 100 D.2 SUBMITTED HOURLY RATES SCHEDULE ....................................................................................................... 101

SCHEDULE 1 – WA GOVERNMENT AMENDMENTS TO AS 4122 ‐ 2010.................................................................... 102

SCHEDULE 2 – USAGE STATISTICS ......................................................................................................................... 117

SCHEDULE 3 – FURNITURE QUOTATION/ORDER FORM ......................................................................................... 118

APPENDIX 1 –FITOUT AND REFURBISHMENT FORM ............................................................................................. 120

COPYRIGHT

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



A. PART A – REQUEST NO 2014/07997 A.1 OVERVIEW

Government is committed to good design quality in its public projects. By definition, good design creates good value for money, which remains the key objective for Government.

On behalf of the Minister for Works (responsible for administering the Public Works Act 1902), the Department of Finance, Building Management and Works (BMW) delivers the State Government's non-residential building program. BMW provides services and advice for government in asset planning, project delivery and maintenance of State Government buildings, including the Government Office Accommodation portfolio.

BMW works with Western Australian general government agencies to provide more efficient, effective and sustainable workplaces, that improve community access and achieve government priorities and objectives.

BMW is responsible for procuring and managing over 560,000 square metres of government office accommodation with over 470,000 square metres of leased space and 92,000 square metres of space vested with the Minister for Works across 20 buildings.

BMW aims to provide:

value-for-money and sustainable office accommodation

appropriate and accessible locations for staff and service delivery

work environments that are enjoyed by everyone

flexible and adaptable workspaces

well maintained and professional accommodation

workspaces that enhance strong communication, teamwork and productivity

government business improvements through integrated ICT solutions

cohesive and professional services to client agencies.

Key services include:

the procurement and management of leases for office accommodation on behalf of Government

providing assistance to government agencies to optimise their service delivery through office accommodation design and planning

working with government agencies to deliver value-for-money office accommodation solutions

supporting government agencies through the relocation and change process

managing the occupation of Minister for Works’ Government owned office buildings.

The primary emphasis of the Interior Fitout and Workplace Design Consultancy Services Panel will be on workplace design and office fitout projects for the Government's Office Accommodation portfolio. State Government buildings include both leased and owned premises in the Central Business District (CBD), metropolitan and regional locations.



BMW is seeking to establish a Panel of capable interior fitout and workplace design consultancy firms so it can efficiently procure services for projects under one of the following buying mechanisms:

(a) For Commissions up to a maximum fee of $250,000, by direct selection and appointment of a firm from the Panel;

(b) For professional advisory Commissions with a low-risk undefined or specialised scope, by direct selection and appointment of a firm from the Panel on an hourly rates basis for Services up to a maximum of $250,000.

Commissions greater than $250,000, or with special requirements, will be advertised for open public tender.

This Interior Fitout and Workplace Design Consultancy Services Panel will replace the Interior Fitout Consultancy Services Panel 2009 (BMW0839909).

The Services required under this Panel relate to any works managed or initiated by BMW in either metropolitan or regional Western Australia.

A.1.1 TERM

The Panel will operate for a minimum period of two (2) years, with BMW reserving the right to exercise up to three (3) extension options, each having a one (1) year duration. A.1.2 STATEWIDE REGISTER

The Principal will establish and maintain a statewide register of firms appointed to the Panel.

Regional firms, which must meet the requirements outlined in Clause A.6.5, will be highlighted for regional commissions where they have sufficient credentials to undertake the work.

Special regional requirements (local needs) will normally relate to the knowledge and experience required for a particular regional project, as well as communication capability when face-to-face project reviews are needed.



A.1.3 SUBMISSION OF OFFER The Respondent shall submit two separate sealed envelopes.

1. The first envelope shall be clearly marked "Envelope One - Responses To Qualitative Criteria" and shall contain one (1) unbound original response and six (6) bound/stapled copies and one (1) compact disc copy or USB thumb drive copy of the response that contain:

Completed Part C – Respondent’s Offer.

2. The second envelope shall be clearly marked "Envelope Two - Schedule of Fees" and shall contain one (1) unbound original and one (1) compact disc copy or USB thumb drive copy response that contain: Completed Part D – Respondent’s Offer – Submitted Schedule of Fees.

A.1.3.1 LODGEMENT OF OFFER Offers shall be submitted in two separate sealed envelopes marked with the Respondent’s name and Request title. Offers may be lodged by the following options:

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

The Respondent may submit the electronically via Tenders WA.

Facsimile proposals will not be accepted. Please allow sufficient time for the lodgement of Offers as late tenders will not be accepted.

A.1.4 CONTACT PERSONS

The following BMW representative may be contacted for enquiries in relation to this Request: Contractual and Routine Enquiries: Name: Eleanor Hopkins Title: Procurement Manager Telephone: (08) 6551 1806 E-mail: [email protected]



A.2 STRUCTURE OF THIS REQUEST Part A of this document describes how the Panel will function, including the evaluation and Panel appointment process, the operation of, and allocation of work through the Panel, and the Panel terms and conditions.

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

Part C of this document includes the qualitative criteria and various forms and declarations that must be submitted in the Respondent’s Offer in a separate sealed envelope.

Part D is the Submitted Schedule of Fees to be submitted in a separate sealed envelope.

Supporting documentation and further information is available from: Standards Australia:

The following Codes can be located at: http://www.standards.org.au/

(a) AS 4122 - 2010 General Conditions of Contract for Consultants, which should be read in conjunction with the WA Government Amendments to AS4122-2010 in Schedule 1;

(b) AS 4120 - 1994 Code of Tendering;

(c) AS 4121 - 1994 Code of Ethics and Procedures for the Selection of Consultants; and

(d) AS 2124 – 1992 General Conditions of Contract. Australian Procurement and Construction Council (APCC)

The National Code of Practice for the Construction Industry 1997 can be downloaded by visiting the APCC website:

http://www.apcc.gov.au/ALLAPCC/APCC%20PUB_DOLAC%20national%20code%20of%20Practice%201997.pdf Building Commission (WA):

The Building Act 2011 (WA) came into effect in April 2012, and governs the manner in which building approvals are managed in Western Australia

BMW procedures will require evidence of compliance to the National Construction Code (NCC) and will ensure delivery of the certification processes required under the new legislation and associated standards. All lead consultants and BMW Project Managers will be expected to ensure the delivery of certification processes required under the new legislation.

For more information, please visit: http://www.buildingcommission.wa.gov.au/ Refer to Clause B.1.11.2 for full details.



A.3 OBJECTIVES OF THE PANEL

The Interior Fitout and Workplace Design Consultancy Services Panel has been developed to support BMW in delivering its services in planning, delivering and maintaining Government’s non-residential buildings portfolio, in both metropolitan and regional Western Australia. The objectives of the Panel are to:

(a) Enable new projects to be started quickly by prompt engagement of the interior fitout firm;

(b) Reduce the time, effort and cost in tendering for and establishing contracts;

(c) Provide a mechanism that allows the optimal design quality to be achieved;

(d) Demonstrate good procurement practice; and

(e) Achieve value for money.

A.4 SUMMARY OF SERVICE REQUIREMENTS The Panel may be used to engage Interior Designers and other related fitout and workplace design consultancy professionals for any work required in the planning, delivery and maintenance of Government’s non-residential buildings program, in either metropolitan or regional Western Australia. The Consultant project team will be required to undertake the following services on a Lump Sum Fee basis unless otherwise specified in the Project Brief: management of the project feasibility studies establishment of brief and brief finalisation site investigation schematic design design development contract documentation tender assessment contract administration furniture selections and scheduling project handover.

Full details of the scope of services are shown in Part B.1 – Scope of Services. From time to time, the Principal will require interior fitout services that are different to or beyond the normal requirements described in Part B – Specifications. Such work may be commissioned using submitted hourly rates on the basis of an agreed scope of work.



A.5 ASSESSMENT PROCESS The Offers will be assessed in the following order:

prior to opening the envelope for Part D Submitted Schedule of Fees, Respondents’ must first meet the Prequalification Requirements (Clause A.5.1);

Respondent’s are then assessed by the evaluation committee on their responses to Part C Qualitative Criteria (Clause A.5.2);

Following the qualitative assessment, Respondents considered to have the highest ranking qualifications will have their Part D Schedule of Fees assessed.

Panel membership will be awarded to the Respondents who best demonstrate the ability to provide quality services at the submitted rates. The best value for money will be determined by assessing qualitative and compliance criteria, and considering price, economic, environmental, social benefits and the requirements of the Department. Any Respondent that achieves an acceptable rating against the Qualitative Criteria, may be appointed to the Panel. However, BMW reserves the right to select many or few firms from the Panel to undertake work based on its assessment of performance of the Panel Member or in any way otherwise as it sees fit. A.5.1 PREQUALIFICATION REQUIREMENTS

To be eligible for consideration, the Respondent, director, partner, manager or other person responsible for the service must meet the Prequalification Requirements outlined in Part C.7. A.5.2 QUALITATIVE CRITERIA Assessment of Offers will include evaluation of the Qualitative Criteria below.

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

Weighting Reference

1. Expertise of the key personnel in design, documentation and contract administration

35 % C.8.1

2. Track record of the firm 35 % C.8.2

3. Processes in place to ensure excellence in design, documentation and contract administration

20 % C.8.3

4. Understanding of government processes 10% C.8.4

TOTAL 100 %

Full details of the Qualitative Criteria are shown in Part C.8.



A.6 PANEL OPERATION

A.6.1 SELECTION AND ENGAGEMENT PROCESS Once the Panel has been established, BMW Project Managers will select firms from the Panel using the following process: 1. The Project Manager will determine the scope and nature of services required and

estimate the Perth based project feeable value or hours required.

2. For projects lacking scope definition, the Project Manager may select a firm to undertake investigations on an hourly rates basis.

3. The Project Manager will select one firm from the statewide register and will advise the firm’s representative of the nature of the contract, the proposed scope of work, the relevant fee and the availability of the personnel nominated in the formation of the Panel for the relevant type of work.

4. The Project Manager will issue a formal Invitation for Proposal to the firm that includes a project scope and relevant contract conditions.

5. Once a contract is thus established, the work can commence. The commission details and consultant performance will be recorded.

A.6.1.2 BUYING RULES The following buying rules will guide the selection of firms from the Panel, in accordance with BMW’s works procurement policies:

Commission Details Selection Method

Up to $250,000 Direct appointment of a firm from the Panel.

Primary consideration is to be given to members with a local regional business presence.

Greater than $250,000 Open tender through a public advertisement. The Principal reserves the right to modify the selection process and buying rules at its sole discretion at any time. A.6.1.3 PROJECT ALLOCATION FACTORS Project Managers will select firms for invitation considering the following factors:

(a) Nature of the work, including it’s risk profile;

(b) Known expertise, experience and availability of staff in the various firms;

(c) Past performance of the various firms;

(d) Current and previous allocation of work across the Panel;

(e) Stakeholder requirements; and

(f) For regional projects – local proximity and suitability to the project.



A.6.2 ACCESS TO PANEL BY THIRD PARTIES The Principal may during the Term make the Panel available for the use of other parties other than the Principal. This may occur through the engagement of Panel Members directly by third parties performing functions for and on behalf of the Principal. The Principal is in the process of separately developing a framework for the maintenance of public works using third party Facilities Managers who will be contractually responsible to the Principal for arranging that maintenance. It is envisaged that the Principal will allow access by those Facilities Managers to engage Panel Members from this Panel, to assist the Facilities Manager in performing that contractual obligation to the Principal.

It is anticipated that the specific terms and conditions governing this arrangement in respect of this Panel will be contained in a subsequent variation to this Panel Arrangement by the Principal when the Facilities Managers’ framework is fully developed in the future. The engagement of Panel Members by Facilities Managers will be consistent with existing State Government and Building Management and Works policies.

Panel Members may elect in their Offer whether or not to provide Services through this Panel Arrangement to third parties in addition to the Principal, or just the Principal alone in Part C Clause C.4 of this Request.

Where Panel Members have elected and agreed in their Offers in Part C Clause C.4 of this Request to provide Services to third parties in addition to the Principal, then Panel Members have hereby agreed:

(i) To permit the Principal to disclose the Panel Members Offer to third parties approved by the Principal who may seek to access and engage Panel Members as third parties;

(ii) To be engaged by third parties authorised by the Principal to access this Panel;

(iii) To provide services to relevant third parties on the same terms and conditions (including but not limited to fees) as they would to the Principal, if the Panel Member is engaged by a third party properly accessing this Panel;

(iv) That when a third party engages a Panel Member from the Panel, the resulting contract is between the Panel Member and the third party only. The Principal shall not be a party to the contract between the Panel Member and the third party;

(v) That any third parties accessing the Panel do not have any powers of agency or any other power express or implied to legally bind the Contract Authority; and

(vi) To accept the terms and conditions of any variation to the Panel Arrangement (whatever they may be) by the Contract Authority to formalise the access by third parties to the Panel when the Facilities Managers framework is fully developed in the future.

A.6.3 FEES Respondents shall submit their price by completing the Submitted Schedules of Fees at Part D of this Request. Commissions through this Panel for fitout and workplace design services will generally be offered on a Lump Sum Fee basis, based on final project costs. The Lump Sum Fee so derived shall cover all the services required to be provided by the Consultant for the



delivery of the project and shall be calculated with regards to the size and complexity of the project and in accordance with the submitted Percentage of Feeable Value at Part D.1. Where projects require a higher level of service, more research, use of new technologies or design approaches that do not translate into higher building cost, fees in addition to the fees derived from the feeable value may be negotiated based on the hourly rates, with the submitted Hourly Rates Fee Schedule at Part D.2. A.6.3.1 PERCENTAGE OF FEEABLE VALUE BASIS The percentage fee is based on the Feeable Value of the project in question and percentage fees are submitted for both conventional and complex projects. Respondents are to complete Part D.1 to identify the percentages against each value category (Project Feeable Value). Feeable Value is defined at Clause D.1.

The percentage fee shall include:

All Services required to undertake the project. Engagement and management of subconsultants (subject to prior Principal approval) Site visits within 80km of the Panel Members office (both travel and time requirements) Preparation of reports.

The reimbursement of disbursements for costs other than those listed above and associated with each project will be provided only upon the submission of receipts and/or invoices and only where the Principal has given its written approval prior to incurring the relevant expense.

The Lump Sum Fee will be paid in the percentages according to the milestones described at Clause B.1 Scope of Service unless advised otherwise by the Principal.

Unless otherwise agreed by the Principal, the Lump Sum fee for work done on a percentage basis, will be calculated using the preliminary estimate determined by BMW as the Feeable Value. CONVENTIONAL PROJECTS A conventional project is one that features any combination of work, that involves an amount of effort and time taken that is reasonably agreed between the parties.

Generally, new Fitout work of a conventional character in a vacant tenancy or portion of a tenancy will be regarded as a conventional project. Alteration work to an existing Fitout in an occupied tenancy may be regarded as being more time-consuming or complex on a case-by-case basis. The Principal will state whether a project is deemed to be conventional in the Invitation for Proposal. The Consultant may, on receipt of the Invitation for Proposal, request that the Principal reconsider whether the project is in fact a complex one. The Consultant should also provide rationale for such a request. On receipt of such a request, the Principal at its absolute discretion may change the project category or decide to maintain the initially specified project category.



Commissions for conventional maintenance services and minor works may be offered on a full commission or a partial commission basis. COMPLEX PROJECTS A complex project is one that involves special or prolonged study, consideration or calculation. It also may be a project that requires the application of specialist skills or experience or where the work is markedly increased as a result of the inherent nature of the project. Characteristics of a complex project may include without limitation:

a high degree of design detail due to specialist joinery or cabinetwork;

a large amount of engineering work integrated into the project;

a high level of complexity in relation to engineering services;

projects which include works at more than one premise requiring multiple sets of contractual documentation to be produced, following the definition of multiple relevant conditions;

alterations and additions to all types of buildings; and

specialist facilities like hospitals, laboratories or theatres.

In determining and applying the project category (conventional or complex) toward the establishment of an agreed fee for projects deriving from the Panel, both the level and extent of complexity shall be considered, and where appropriate the level of complexity may be agreed as pro-rata between the conventional and complex fee schedules. A.6.3.2 SUBMITTED HOURLY RATES BASIS – PROFESSIONAL SERVICES Commissions on an hourly rates basis may apply to other professional services, or where the BMW Project Manager deems the percentage fee as inappropriate, or for services within a project where:

the project involves the extensive (more than 30% of total furniture component) re-use of existing furniture (as outlined in Clause B.1.8.4 Loose Furniture and Equipment); or

where the project involves the extensive (new carpet cost exceeds $20,000) use of new carpet (as outlined in Clause B.1.8.5 Floor Coverings).

The installation will form part of the Feeable Project Value. Where the carpet purchase is less than $20,000 the supply and installation will form part of the Project Feeable Value.

Respondents must complete Part D.2 and provide their firm’s hourly rates for key positions likely to be engaged by BMW. The Respondent must incorporate all costs of providing the services under Part B – Specification. A.6.3.3 FEE VARIATION The submitted fee scales and hourly rates shall remain fixed for two (2) years from the Commencement Date of the Panel.



Firms may resubmit adjusted hourly rates and percentage fee scales one month prior to the two year contract anniversary of the Commencement Date of the Panel and one month prior to the anniversary of the Commencement Date of the Panel each year thereafter. The price shall vary according to the Consumer Price Index No. 6401.0 for Perth for the quarter preceding the date that the request is received by the Principal. If the Principal approves a request to vary the price, the new rates will be effective from the anniversary of the Commencement Date of the Panel. If no new rates are submitted, the previously submitted rates will apply for the following 12 months. A.6.3.4 QUARTERLY REPORTING – USAGE STATISTICS As a condition of remaining part of the Panel, Consultants must report back to BMW’s Principal Procurement Manager, on a quarterly basis (in March, June, September and December), charges for and details of the commissions that were commenced, progressed or completed through this Panel for the applicable quarter. The information required will be reported through the sample template provided at Schedule 2. The purpose of receiving these reports from consultants is to undertake analysis of the usage of the Panel and monitoring the allocation of work to consultants on the Panel.

The Consultant is to be aware that should these reports not be submitted as required, the Principal may reconsider future tendering and contracting opportunities of the Consultant.

A.6.4 COLLABORATIVE ARRANGEMENTS For certain projects involving a mix of skills or knowledge, or particularly those requiring regional participation, the Principal may invite two or more firms to work in collaboration under a single contract. Firms that have established arrangements to work collaboratively with other firms should clearly outline these arrangements in section C.6 of the Respondent’s Offer. These arrangements are not mandatory, but may be beneficial for small or emerging practices. A.6.5 REGIONAL PROJECTS For regional projects, the Principal may give preference to Panel Members that are determined to be a business with a regional presence where the Principal, at its sole discretion, determines that the Panel Member or Panel Members meet the project specific requirements. In making this determination, the Principal may take into consideration factors such as; potential for reduced cost of disbursements; local experience and knowledge; and the need for site attendance to be frequent or at short notice. These considerations will be in addition to the overall experience and capacity of the Panel Member. Refer to Part C, Clause C.5 Registration as a Regional Business.



A.6.5.1 GENUINE BUSINESS PRESENCE IN A REGION To receive consideration as a business with a regional presence the Respondent must demonstrate that it has a genuine business presence in the region. A genuine regional business presence may be a permanent office or a branch office that is the Respondent’s principal place of business located in the region. The Respondent must demonstrate that their permanent operational regional office is a genuine place of business. In assessing whether the regional office is bona fides, the Principal may take into consideration, but is not necessarily limited to, the following:

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

(b) Whether the regional office has been operational, and business conducted from that establishment being active in the local building and construction industry for a period of not less than six (6) months;

(c) Whether the regional place of business will continue to remain operational and active in the local building and construction industry after the completion of the contract;

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

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

(f) Whether the place of business is marketed by the Respondent’s legal entity by way of corporate publications (letterheads), telephone directory listings, website, etc.

A.6.5.2 MANAGE THE CONTRACT FROM THE PERMANENT OPERATIONAL OFFICE

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

A.6.6 INDIGENOUS ENTERPRISE AND EMPLOYMENT TENDERING PREFERENCE POLICY

One of the key objectives in the State Government’s Indigenous Economic Development Strategy is to achieve a sustained increase in the level of supply of services to Government by enterprises that employ, or are owned and operated by, Indigenous residents of Western Australia. Any increased access to service contracts by Indigenous owned and operated enterprises or by enterprises with a strategy for employing Indigenous people provides increased employment and economic opportunities for Indigenous Western Australians.



To address this objective BMW’s Indigenous Enterprise & Employment Tendering Preference Policy applies to this tender to the extent specified herein.

Respondents for the Panel that comply with the requirements of the Indigenous Enterprise & Employment Preference Policy may be given priority for suitable projects.

Refer to Clause C.13 Claim for Indigenous Enterprise and Employment Tendering Preference Form.

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

A.6.6.1 Definitions The term Indigenous Person means a person who is of Indigenous or Torres Strait Islander descent who identifies as such and is accepted as such by the community in which he or she lives or has lived. The term Indigenous Enterprise means:

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

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

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

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

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

A.6.7 PERFORMANCE MONITORING A.6.7.1 CONSULTANT PERFORMANCE REPORTS Appointment to the Panel, and remaining a Panel Member, is not based solely on a one-off assessment of Offers, but rather an ongoing process of monitoring a Panel Member’s performance. BMW is introducing performance reporting by which Project Managers measure and report on the performance of Consultants against criteria related to their Commissions. This process will assist both parties reaching a common understanding of expectations in relation to the Services to be delivered, as well as helping to identify areas in which the Consultant is excelling and any areas that require improvement.

A Performance Management Framework is under development and standard assessment criteria and related weightings will be determined following further consultation with industry. However, until such time as the Framework is finalised, the BMW Project Manager remains responsible for outlining the standard of performance required under a specific Commission.



The Principal will seek to allocate higher proportions of appropriate work to members that demonstrate consistent quality performance.

The Principal at its sole discretion may review the status of any Panel Member, at any time, and may temporarily suspend or remove any Panel Member if it, or any of its personnel:

(i) Fails to perform satisfactorily or breaches the requirements of the Panel on a repeated basis;

(ii) Exposes government to significant financial loss;

(iii) Engages in unprofessional conduct or unreasonable dealings with the Principal or its agents;

(iv) Makes negative comments about the Principal or its agents to other parties;

(v) Fails to keep the Principal informed in accordance with the requirements of the Panel;

(vi) Repeatedly accepts a Commission for a project and does not provide the promised personnel for the project without good reason; or

(vii) Repeatedly declines offers for work.

Before such action is taken, the Panel Member will be given details of the matters prompting the Principal’s concern and will be given an opportunity to justify why it should not be suspended or removed. The Principal will continue to develop its performance monitoring mechanisms as it sees fit and will advise Panel Members as required. A.6.7.2 REPORTING PERIODS The reporting periods are to be determined by the Project Manager with the Consultant at the initial meeting following engagement of the Consultant.

For projects with a lifespan of six (6) months or less, performance reports are required to be completed by Project Managers immediately following practical completion and at any time where there is exceptional performance.

For projects progressing longer than six (6) months, performance reports are required to be completed by Project Managers at the following key project stages:

(i) Practical Completion

(ii) Finalisation of Contract

(iii) Exceptional Performance (excellent or unsatisfactory performance). A.6.7.3 CONTRACTOR PERFORMANCE REPORTS The BMW Project Manager has the primary responsibility of completing the Contractor Performance Reports, with input from the Superintendent’s Representative.



A.6.7.4 SUPPLIER DEMERIT SCHEME Panel Members are subject to BMW’s Supplier Demerit Scheme. Details of the scheme are available on the BMW Qualifying for Work with BMW page located within the Contractor Information section of BWM’s website which can be accessed through www.finance.wa.gov.au. A.6.8 CHANGES IN CORPORATE CIRCUMSTANCES Significant changes in corporate circumstances and Specified Personnel may affect the ability of a member to fulfil its obligations under the Panel. Panel Members must notify the Principal at least two (2) months before the change is proposed to occur of any significant changes to the Panel Member’s circumstances, such as corporate restructures, takeovers/mergers, changes in ABN/ACN etc. The contact for such notifications is the Principal Procurement Manager for this Panel.

Major changes in the Panel Member’s circumstances may trigger a reassessment of its continuing Panel membership. In such circumstances, the Principal will contact the Panel Member to discuss the necessary course of action. Failure to notify the Principal Procurement Manager of major changes may result in a re-assessment of the Member’s status on the Panel.

Panel Members must not purport to transfer, assign or novate their Panel membership without the express written consent of the Principal. Panel Members in breach of this requirement may have their Panel membership suspended or terminated by the Principal as it sees fit.

Panel Members will be deemed to have purported to transfer, assign or novate their Panel membership if there has been a change of the legal entity or the controlling interests of the legal entity purporting to provide Services under the Panel. Where this has occurred without the express written consent of the Principal, the Panel Member is in breach of this Panel Arrangement and its Panel membership may be suspended or terminated by the Principal as it sees fit. A.6.9 CHANGES IN SPECIFIED PERSONNEL

Panel Members must notify the Principal within two (2) weeks of changes occurring to its Specified Personnel. The Principal may either accept the change of the Specified Personnel or reassess the Panel Member’s capacity to discharge its obligation under the Panel Arrangement and any current or future Commission. If the Principal forms a view in its absolute discretion that the Panel Member will not have sufficient capacity to discharge those obligations as a result of the change to Specified Personnel, then the Principal may suspend or terminate the Panel Member’s membership to the Panel as the Principal sees fit. A.6.10 COMPETENCY AND QUALITY OF SPECIFIED PERSONNEL Panel Members shall: (a) Ensure that its systems, processes and procedures used to source, screen

(including Police Clearances), test and hire personnel that will undertake work for the Principal are robust and of a high standard;



(b) Ensure that personnel undertaking work for the Principal are appropriately qualified, skilled and experienced for the work for the relevant Service; and

(c) Manage the performance of personnel undertaking work for the Principal.

A.6.11 PANEL MEMBERSHIP The Principal reserves the right at any time to increase or decrease the number of Panel Members it wishes to retain on the Panel to meet its works’ program. A.6.11.1 NEW MEMBERSHIP The Principal may, at its sole discretion, invite Offers from new Respondents to be appointed to the Panel on an as required basis during the Term. The Principal may or may not invite such applications based on its assessment of the capacity of the firms already on the Panel to meet the anticipated demand for services to deliver the government’s works program.

New Respondents will need to complete all the requirements of Parts C and D of this Request and will be assessed similarly as previous Respondents to the Panel Request.

It is a condition of appointment to, and in order to retain membership of the Panel, that the Consultant shall not be indirectly or directly involved in tendering for or undertaking works arising from the operation of the Panel. A.6.11.2 WITHDRAWAL FROM PANEL A Panel Member may withdraw, in writing, from the Panel at any time due to personal or business circumstances. If any Commissions cannot be completed prior to withdrawal from the Panel, the Principal will work with the Panel Member to reallocate work accordingly. A.6.12 PROVISION OF INFORMATION The Consultant is required to comply with various policy, procedural, reporting, record keeping and contractual obligations, in accordance with summary below:

Information Clause

Reference Obligation Due

Usage Statistics A.6.3.4

Schedule 2

Submit quarterly reports of commissions

Quarterly – March, June, September, December

Corporate Circumstances

A.6.8 Notify changes in structure, ABN/ACN, contact details

Within 2 months after change has occurred

Key Personnel A.6.9 Notify changes of specified key personnel

Within 2 weeks after change has occurred



Insurances A.8 Maintain insurance Certificates of Currency

Before commencing work

New Panel Membership

A.6.11.1 New firms apply to join the Panel

As required basis

Changes to Hourly Rates & Percentage Fee Scales

A.6.3.3 Firms submit adjusted hourly rates and percentage fee scales for approval by the Principal

One month prior to the Anniversary of the Commencement Date of the Panel

The Principal, at its sole discretion, may review the status of any firm on the Panel, at any time, and temporarily or permanently suspend any firm from the Panel should the above contractual obligations not be fulfilled.

A.7 TERMS AND CONDITIONS OF THE PANEL

A.7.1 DEFINITIONS In this Request: Annexure means the Commission specific General Conditions Annexure prepared on behalf of the Principal, an example of which is contained in Part B Clause B.5 of the Request.

BMW means Building Management and Works, Department of Finance.

Client means the Minister for Works.

Commencement Date of the Panel means the date that the Panel Arrangement commences operation as specified in the first “Letter of Appointment to Panel” to successful Respondents to this Request. In the absence of any such date being so specified, then the date of the first Letter of Appointment to the Panel issued by the Principal under the Panel Arrangement applies.

Commission means an engagement to perform Services for the Principal pursuant to the Panel Arrangement for a Commission based on the scope of works as set out by the schedule of deliverables (see Part B.2).

Consultant means the appointed Panel Member that has been commissioned to perform the required Services.

Customer means the Government agency for which the project is being delivered.

Facilities Manager means a contractor who currently has an agreement with the Principal to provide property asset and/or management of maintenance services for Government agencies.



General Conditions means AS 4122-2010 “General Conditions for Consultants (incorporating Amendment No. 1)” as amended by the WA Government Amendments to AS 4122-2010 shown in Schedule 1 of this Request.

Invitation for Proposal means a letter on behalf of the Principal or Lead Consultant inviting a Panel Member to provide a proposal in relation to a Commission that specifies the Services to be performed by the firm on the Panel, in accordance with the terms and conditions of the Panel Arrangement.

Lead Consultant means the Consultant that has been appointed by the Principal to lead a technical team to deliver a project.

Letter of Acceptance means a letter issued by the Principal to a Consultant accepting that Consultant’s proposal, offered through the Invitation for Proposal Letter, and engaging that Consultant to perform the required Services for a Commission.

Letter of Appointment to Panel a letter of acceptance issued by the Principal to a successful Respondent to this Request accepting that Respondent’s Offer and appointing that Respondent to the Panel, pursuant to the terms of this Panel Arrangement.

Lump Sum Fee means the Lump Sum Fee calculated for a project by reference to the submitted Schedule of Fees.

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

Panel means the Respondents that have submitted to this Request or subsequently applied for Panel membership and been appointed by the Principal to the Interior Fitout and Workplace Design Consultancy Services Panel 2015, the subject of this Request.

Panel Arrangement means the arrangement for the supply of Services by the Panel Members to the Principal or the Principal’s Lead Consultants pursuant to the terms and conditions of this Request.

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

Principal’s Representative means the individual authorised in writing by the Principal to represent the Principal.

Project Manager means the individual appointed in writing to represent BMW to manage the Commission.

Request means this Request Number 2014/07997 Interior Fitout and Workplace Design Consultancy Services Panel 2015.

Respondent means the party submitting an Offer under this Request.

Services mean the services to be provided under a Commission and described in or reasonably inferred from the Scope of Services under Part B and described in the Project Brief, including the supply of Deliverables which is described in the Invitation for Proposal.

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



Subconsultant means a secondary consultant that has been appointed by the Lead Consultant, from the Panel or otherwise, to provide certain services to assist in the delivery of a Commission.

Superintendent means the individual appointed in writing by the Principal to administer the building or works contract for a project as the Superintendent.

Superintendent’s Representative means the individual appointed in writing by the Superintendent to act in the capacity of, and undertake specified duties for and on behalf of, the Superintendent.

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

A.7.2 GENERAL CONDITIONS OF CONTRACT Australian Standard AS 4122-2010 “General Conditions of Contract for Consultants (incorporating Amendment No. 1)” as amended by this Request are the General Conditions and are referred to throughout the Request as the General Conditions.

For the purposes of the Request, the General Conditions are hereby amended in accordance with Schedule 1 W.A. Government Amendments to AS 4122-2010 contained in this Request.

Any reference in the General Conditions to the “Client” as a party to the General Conditions shall be construed to be a reference to the “Principal” or the “Lead Consultant” where relevant, dependant on who the Consultant has been Commissioned by pursuant to the Panel Arrangement.

Any definitions appearing in Clause 1.1 of the General Conditions shall have the corresponding meaning in this Request unless the intention is clearly and unambiguously to the contrary.

The General Conditions form part of the terms and conditions governing any Commission along with the terms contained in this Request. Also forming part of any Commission is the project specific AS 4122-2010 Annexure appearing in Part B Clause B.5 completed as part of the Invitation for Proposal in respect of any particular Commission. A.7.3 DISCRETION Where under this Panel Arrangement, the Principal has a right, power, discretion or other function (including to accept, agree, approve, comment on or reject any matter), the Principal will be entitled to exercise that right, power, discretion or other function in its absolute discretion, unless the content expressly provides otherwise. A.7.4 PRINCIPAL’S RIGHTS The Principal reserves the right, without limiting any other rights which the Principal may have under the Panel Arrangement, and without giving any reason or prior notice to the Respondent or Consultant, as applicable, to: (i) Reject or refuse to consider or evaluate any Offer;

(ii) Appoint suitably assessed Respondent to the Panel as it sees fit;



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

(iv) Alter the composition of the Panel at any time during the operation of the Panel;

(v) Allocate work and award contracts based on an assessment of the varying capability and capacity of the Panel Member from time to time;

(vi) Allocate nil, any or all work under this Panel to any particular Panel Member; and

(vii) Where it is apparent to the Principal that a person engaged under the Panel is not sufficiently capable to undertake the required work, to terminate the Commission or require the Panel Member to provide a more capable person.

A.7.5 CANCELLATION AND VARIATION The Principal reserves the right at any time to cancel, vary, supplement, supersede or replace the Request or Panel Arrangement or any part of the Request or Panel Arrangement by giving Panel Members or Respondents (as the case may be) timely written notification. A.7.6 NO CLAIM To the extent permitted by law, the Respondent will have no claim against the Principal arising from or in connection with the exercise or failure to exercise the Principal’s rights under this Request. A.7.7 FURTHER INFORMATION After the submission of an Offer, the Principal may: (i) Request additional information from the Respondent in relation to the content of the

Offer for the sole purpose of clarifying the Offer; and

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

If the Principal considers that there are unintentional errors of form in the Offer submitted by the Respondent where the error is clear and not critical to comparative evaluation of Offers, the Principal may request the Respondent to correct or clarify the error, but will not permit any material alteration or addition to that Offer. The decision to permit a Respondent to correct such an error is only within the sole and absolute discretion of the Principal only.

If the Principal makes a request for further information, the Respondent or Panel Member (as the case may be) must provide that information within five (5) working days, unless otherwise agreed by the Principal. A.7.8 SUBMISSION OF OFFER Offers which have not been submitted strictly in accordance with the requirements described in Parts C and D will not be considered.



A.7.9 AGREEMENT WITH REQUEST CONDITIONS In submitting an Offer, the Respondent is deemed to have read and agreed to all terms and conditions of the Request. A.7.10 AGREEMENT BY RESPONDENT In submitting an Offer, the Respondent warrants and agrees that: (i) All information in its Offer is true and correct at the time of its submission;

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

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

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

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

(vi) Irrespective of whether its Offer is accepted or not, it will pay its own costs and expenses in connection with:

(a) The preparation and submission of its Offer; and

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

A.7.11 OFFER VALIDITY PERIOD The Offer must remain valid and open for a period of six (6) months from the date on which the Offer is submitted unless otherwise agreed in writing between the Principal and the Respondent.

A.7.12 CONFIDENTIALITY Panel Members must keep confidential all information that the Principal has specified as confidential information. The firm must not use or disclose to any person the Principal’s confidential information except:

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

(b) As authorised in writing by the Principal;

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

(d) As required by any law, judicial or parliamentary body or Government Agency; and



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

A.7.13 CONFLICT OF INTEREST (i) The Respondent must disclose in its Offer (under Part C Clause C.9) and prior to any

Commission under the Panel, any circumstances, arrangements or understandings which constitute, or may reasonably be considered to constitute, an actual, potential or perceived conflict of interest in relation to the Request or in the performance of a Commission (see AS 4121-1994).

(ii) The Panel Member must not place itself in a position which may, or will give rise to an actual, potential or perceived conflict of interest during the Term or during a Commission.

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

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

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

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

(b) In the case of a Panel Member who is unable or unwilling to comply with such a direction, the Panel Member may have its membership on the Panel suspended or cancelled as the Principal sees fit.

A.7.14 OWNERSHIP / INTELLECTUAL PROPERTY (i) All documents, materials, articles and information produced by the Respondent as

part of, or in support of an Offer (including subsequent Offers under the Panel) shall become upon submission the absolute property of the Crown in right of the State of Western Australia, and will not be returned to the Respondent.

(ii) Documents, materials, articles and information produced by the Consultant resulting from a Commission undertaken from this Panel shall become, upon creation, the absolute property of the Crown in right of the State of Western Australia.

A.7.15 ADDENDA

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



A.7.16 DISCLOSURE OF INFORMATION (i) The Respondent agrees and acknowledges that any information or further

information submitted with its Offer, and any Commission which results from membership of this Panel, is subject to the Freedom of Information Act 1992 (WA) and may also be disclosed by the Principal under a court order or upon request by Parliament or any committee of Parliament or if otherwise required by law.

(ii) By submitting an Offer, the Respondent releases the Principal from all liability

whatsoever for any loss, injury, damage, liability, costs or expense resulting from the disclosure of any information under this section.

(iii) The Respondent agrees and acknowledges that the powers and responsibilities of the Auditor General under the Financial Management Act 2006 (WA) and the Auditor General Act 2006 (WA) are not affected in any way by this Request.

(iv) Subject to this section, and to the provisions of the Financial Management Act 2006 (WA) and the Auditor General Act 2006 (WA), the Principal will not make public any information related to the Offer that the Respondent expressly and reasonably nominates as confidential. However, the Principal may require the Respondent to withdraw any claim to confidentiality in respect of any part of the Offer as a condition of acceptance of the Offer.

A.7.17 GST/RECIPIENT CREATED TAX INVOICE AGREEMENT A.7.17.1 GOODS AND SERVICES TAX Where the Services to be provided through this Request or any part thereof is a taxable supply under the GST Act, the price, fee or rates shall be inclusive of all applicable Goods and Services Tax (GST) at the rate in force for the time being. A.7.17.2 RECIPIENT CREATED TAX INVOICE AGREEMENT The Respondent shall lodge with its proposal the Recipient Created Tax Invoice Agreement (RCTI) included in Part C Clause C.12. The lodged RCTI shall be completed and signed by a person authorised to do so.

Failure to lodge the completed and signed RCTI as required may result in a delay in the payment of claims.

For each contract Commission, the Panel Member may be required to lodge, with its proposal, a contract-specific RCTI. A.7.18 NO GUARANTEE OF WORK Panel Members acknowledge that the Principal is under no obligation to provide any work to them through the Panel. A.7.19 NATURE OF CONTRACT Depending on the nature of the contract, the Consultant shall be engaged on either a Lump Sum Fee or Hourly Rate basis as stated in the Invitation for Proposal.



A.7.20 MONETARY VALUES Monetary values that appear in this Request document and any subsequent document, such as Project Budget, Estimated Construction Budget, Limit of Cost, are net values and do not include GST. A.7.21 CIVIL LIABILITY ACT 2002 (WA) (a) Subject to sub clause (b), and notwithstanding any other provision of this contract,

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

(b) Sub clause (a) only applies in relation to the Services performed or subcontracted by the Consultant under this contract (as may be amended from time to time), and does not extend to other contracts entered into by the Client for which the Services may be required, such that should the Client engage a builder (or other third party) to construct a building or provide goods or services in addition to the Services the subject of this contract, then as between the Consultant and any such builder (or third party), then Part 1F of the Civil Liability Act (2002) (WA) is not excluded.

A.7.22 CONSULTANT DECLARATIONS (a) At the time of engagement from the Panel and prior to the commencement of their work under the commission, the Consultant shall be required to complete and sign a Consultant Probity Declaration.

(b) Without limiting the Consultant’s obligations under the contract, where the Principal directs the Consultant to do so at any stage, the Consultant must make in writing any additional declarations required by the Principal in relation to confirming the Consultant’s:

1. understanding and commitment to adhere to any government and departmental policies, practices and procedures;

2. accountability and professional manner of its conduct;

3. actual perceived or potential conflicts of interest;

4. treatment of confidential information; and

5. any other matter the Principal reasonably requires;

with regard to the Consultant’s performance of the Contract, and if applicable, the conduct of any relevant tender processes managed by BMW directly or indirectly related to the Contract and/or the Services.



A.8 INSURANCES The Respondent shall submit as part of its Offer evidence of the insurances for the minimum cover as outlined below. For certain Commissions, the Project Manager, after taking into consideration project specific risks, may request additional insurance cover for a Commission and the Panel Member shall provide evidence to the satisfaction and approval in writing of the Principal prior to commencing on the Commission. This is in addition to the minimum insurance requirements of this Request. Refer Part C Clause C.10. Before commencing specific project work pursuant to this panel arrangement, the Consultant shall provide evidence of up to date insurance Certificates of Currency to the satisfaction and approval in writing of the Principal, of the following insurances: A.8.1 PUBLIC LIABILITY INSURANCE Pursuant to the Request and in accordance with Clause 30.2 of the General Conditions, Consultants shall maintain Public Liability insurance covering the legal liability of the Consultant and the Consultant’s personnel arising out of the services for an amount of not less than $5 million for any one occurrence and unlimited in the aggregate. A.8.2 PROFESSIONAL INDEMNITY INSURANCE Pursuant to the Request and in accordance with Clause 30.4 of the General Conditions, Consultants shall maintain Professional Indemnity insurance covering the breach of duty owed in a professional capacity arising out of any act, negligence, error or omission made or done by the Consultant or any consultant or agent engaged by or on behalf of the Consultant in respect of the Services provided in connection with the Panel Arrangement and must be maintained for a period of at least six (6) years after termination or expiration of the Commission or alternatively six (6) year run-off cover must be obtained by the Consultant for an amount not less than $5 million for any one claim and in the annual aggregate, with the provision of one automatic reinstatement of the full sum insured in any one period of insurance.

The insurance policy must be extended to include:

(i) Fraud, dishonesty, defamation, breach of confidentiality, infringement of patent, copyright, design, trade mark or circuit layout rights;

(ii) Loss of or damage to documents and data; and (iii) Breach of Chapters 2 and 3 of the Australian Consumer Law and the Australian

Consumer Law (WA). A.8.3 WORKERS’ COMPENSATION / EMPLOYERS’ INDEMNITY

INSURANCE Workers’ Compensation/Employers’ Indemnity insurance in accordance with the provisions of the Workers’ Compensation and Injury Management Act 1981 (WA), including cover for common law liability for an amount of not less than $50 million for any one event in respect of workers of the Panel Member. The insurance policy must be extended to indemnify the Principal for claims and liability under section 175(2) of the Workers’ Compensation and Injury Management Act 1981.



Note: - sole traders, who work for themselves and do not have direct employees, are not required to be covered under a workers’ compensation insurance policy.

A.9 PUBLIC DISCLOSURE OF CONTRACT DETAILS (i) The contract award information for all contracts above $50,000 will be publicly

available and published on the Tenders WA website after the contract is legally established.

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

A.10 ACCESS BY THE AUDITOR GENERAL The parties acknowledge and agree that, notwithstanding any provisions of this contract to the contrary, the powers and responsibilities of the Auditor General for the State of Western Australia under the Financial Management Act 2006 are not limited or affected by the terms of the Panel Arrangement.

A.11 POLICE CLEARANCES

(i) The Principal may request the Consultant, at any time and from time to time, to obtain and provide it with a National Police Clearance in respect of any Personnel.

(ii) The Consultant must comply with a request under A.11 within thirty (30) business days of the request.

(iii) If any police clearance shows that any of the Specified Personnel has committed a criminal offence punishable by imprisonment or detention, the Principal may, without prejudice to their other rights under the contract, request the Consultant to promptly remove the personnel from involvement in the Services under the contract.

(iv) If the Consultant is requested to remove any personnel under this Clause A.11, the Consultant must, at its own cost, promptly comply with the request and, if instructed so, arrange for a replacement of that personnel.



A.12 ACCESS 1. Subject to the Principal, Consultant or both (as applicable):

(i) giving reasonable prior notice to the Consultant; and

(ii) complying with all reasonable directions and procedures of the Consultant relating to occupational health, safety, security and confidentiality in connection with the Consultant’s premises,

the Consultant must allow the Principal to:

(a) have reasonable access to any premises used or occupied by the Consultant in connection with the Services;

(b) have reasonable access to all records in the custody or control of the Consultant; and

(c) examine, audit, copy and use any records in the custody or control of the Consultant.

2. The Consultant must keep accurate, complete and current written records in respect of the Contract including without limitation:

(a) the type of Services, including the separate tasks, supplied to the Principal on each day during the Term;

(b) the time that the Consultant spent providing the Services on each day during the Term; and

(c) the name and title of all Specified Personnel who provided the Services or were responsible for supervising the provision of the Services.

3. The Consultant must comply with the directions of the Principal in relation to the keeping of Records whether those directions relate to the period before or after the expiry of the Term.

4. The Consultant must keep all records for at least 7 years after the expiry or termination of The Panel.

5. The Consultant must do everything necessary to obtain any third party consent which are required to enable the Principal to have access to Records under this Clause A.12.

A.13 PREMISES

1. The Principal will provide the Consultant with access to the Principal’s premises as specified in the contract to enable the Consultant to fulfil its obligations under the contract.

2. Access may be temporarily denied or suspended by the Principal, at its sole discretion.

3. Where access is temporarily denied or suspended by the Customer (except in circumstances where access is temporarily denied or suspended due to an investigation into the conduct of the Consultant or the Specified Personnel), the Consultant will be entitled to an extension of time to complete any obligations which are directly and adversely affected by the denial of access.



4. Without limiting the foregoing, the Principal will, following a temporary denial or suspension of access, permit a resumption of access as soon as practicable.

5. The Consultant must comply with all reasonable directions and procedures of the

Principal and the owner or occupier relating to occupational health, safety, security and confidentiality.

A.14 NOTICE OF CLAIMS The Panel Members shall notify the Principal, in writing, within seven (7) days of notification of any claim or potential claim made against the Panel Member, which arises wholly or in part from provisions of this Panel Arrangement.

A.15 APPROVALS The Consultant shall not initiate or proceed with any component of Services as listed in the Commission without prior written approval of the Principal.

A.16 COMPLIANCE WITH GOVERNMENT OFFICE ACCOMMODATION POLICY AND STANDARDS

The Consultant, when undertaking Services under this Contract, shall comply with the Government Office Accommodation Policy and the Government Office Accommodation Standards and relevant guidelines. The Government Office Accommodation Policy and associated standards and guidelines have been reviewed and are available for your reference on the Department of Finance website.

PART B SPECIFICATION PART B


PART B - SPECIFICATION Part B outlines the Scope of Services in relation to specific project commissions derived from the Panel. The extent of Contracts for Service established under this Panel will be defined at the time of establishment of the individual project contract in the Letter of Acceptance.

B.1 SCOPE OF SERVICES

BMW will provide the Consultant with a scope of works outline and financial budget for the project. The scope of the standard service covers the Services described below. The Consultant project team will be required to undertake the following interior fitout services within the prescribed fee unless otherwise specified: Management of the project Establishment of Brief and Brief finalisation Site investigation Schematic design Design development Contract documentation Tender assessment Contract administration Furniture selections and scheduling Project handover.

The Consultant project team will be required to undertake Feasibility Study services on an hourly rate basis unless otherwise specified in the Project Brief. Unless otherwise specifically agreed with the Principal’s Representative, the Consultant may claim their fees for service for projects according to the percentages assigned to the milestones outlined below:

Brief signoff (including site investigation) and Schematic Design 20%Design Development signoff 15%Contract Documentation up to and including tender award 35%Contract Administration up to and including Practical Completion 20%Provision of As Constructed Drawings and Operational Manuals 5%Contract Administration from Practical Completion up to and including Final Completion

5%

Subtotal 100%



The following description of each Service shall apply as a default unless otherwise stated in the Offer of Invitation: B.1.1 PROJECT GOVERNANCE A Project Control Group (PCG) will be established for projects comprising, at a minimum, a representative from BMW and one from the relevant Government agency. Governance arrangements, structure, roles and responsibilities are clearly documented in the BMW Project Management Framework.

The Consultant will be required to attend the stakeholder and planning meetings for the purposes of review, presentation of reports, responding to any queries raised and like matters. Attendance at other meetings with service providers and contractors, on an as required basis, is expected to sufficiently ensure the Principal’s interests are protected. The Principal’s Representative will chair these meetings. The appointed Consultant, as project manager, will be responsible for arranging the venue, scheduling the meetings and taking and distributing the minutes to all attendees.

B.1.2 MANAGEMENT

The Consultant is responsible for the full procurement of the project including reporting, budget control, program, liaison with the Customer, community groups, end users, and relevant city or shire council.

The Consultant will be responsible for directly engaging any subconsultants required to undertake the project. Selection shall be undertaken under the direction of BMW.

The Consultant will manage the subconsultants scope of work, design integration and contract administration duties and ensure that all subconsultants are responsible for the delivery of all as constructed subconsultants’ drawings. Subconsultants will be deemed to be employed by the Consultant. Note that subconsultants are required to be engaged as soon as possible after engagement.

The Consultant must co-ordinate the work of sub-consultants to ensure consistency and that there are no conflicts or clashes. The Cost Management consultant shall be engaged directly by BMW Project Managers through the Cost Management Services Panel. The Consultant will assist the Cost Management Consultant to prepare estimates, Project Cost Plans, Pre-Tender Estimates, Bills of Quantities and reconciliation of tender results, etc as required.

B.1.3 BRIEF FINALISATION

A preliminary Project Brief will be provided at the time of contract establishment. The Consultant may be required to develop the preliminary Project Brief into a comprehensive Project Brief, which fully describes the Customer’s project requirements. The Project Brief is to be developed in two parts as follows:



PART A: FUNCTIONAL BRIEF AND ACCOMMODATION SCHEDULES

The Consultant shall:

Prepare a Functional Brief and Accommodation Schedules acceptable to the Principal’s Representative, including functional relationships, operational and area requirements. In preparation of the various briefs give due consideration to the customer’s objectives, management philosophies, resources, financial, budgetary, technical and physical requirements and possible future needs.

Action relevant outcomes from Value Management and Risk Management Studies (if any) as appropriate and/or as directed by the Principal.

Prepare briefs defining the building fabric and building services technical and performance requirements, nominating appropriate benchmarks for technical and cost conformance.

PART B: FIT-OUT BRIEF


Prepare a written description of the customer’s requirement for the fit-out of the project on a room-by-room basis and which shall include room functions, architectural and engineering design requirements.

Establish detailed furniture and equipment requirements for the project.

The development of the Fitout Brief will evolve as part of the Schematic Design and Design Development stage. The initial version of the Fitout Brief is to be completed in conjunction with the Schematic Design. The subsequent evolving Fitout Brief will be progressively reviewed and updated during Design Development and completed in conjunction with the final Design Development fit-out drawings. B.1.4 SITE INVESTIGATION The Consultant will be required to carry out appropriate site investigations to document the building base and reflected ceiling plan or to confirm the accuracy of the existing base building layout, reflected ceiling plan and existing partition layout in preparation for schematic design and to document this information in the BMW CADD format. Note: Refer Clause B.1.24 regarding available documentation.

B.1.5 SCHEMATIC DESIGN AND DESIGN DEVELOPMENT

The schematic design is to meet the requirements of the Project Brief and be acceptable to the Project Control Group in all respects including; functional relationships, agreed cost benchmarks, physical appearance (aesthetics), build ability and the materials ability to be recycled and their selection. Note that a design review may be undertaken by BMW and/or the Office of the Government Architect.


Prepare separate Schematic Designs and Design Development for all works described in the Project Brief.

Incorporate and integrate all services requirements into the design.



The design development shall include, but not necessarily be limited to: developed plans; three dimensional concept drawings as appropriate; colours and finishes, selection of furniture and fittings; co-ordinated engineering services; and developed estimates and programs. The Consultant shall liaise with, and obtain all approvals from, the relevant authority for the proposed works. The Consultant shall ensure that the office fitout design complies with the Government Office Accommodation Policies and Standards and/or its amendments.

Any deviation from the Government Office Accommodation Policies and Standards must be approved, in writing, by the Department of Finance, Government Office Accommodation.

B.1.5.1 PROJECT COST PLANS

The Consultant will be requested to prepare Project Cost Plans in line with the elements listed in the Breakdown of Tender Sum form available from the Principal’s Representative.

Where appropriate, the Principal may engage the services of a qualified Quantity Surveyor to prepare Project Cost Plans in accordance with the BMW Project Cost Planning Guidelines. This document is available for viewing at the BMW Tenders Office.

Project Cost Plans are to include all costs associated with the project including but not limited to:

to the limit of cost for the works, including rise and fall projections; district margins applicable; and any headwork’s costs payable.

The estimates shall include loose furniture and equipment. The Principal’s Representative will provide details of BMW disbursements. The Consultant shall forward the Project Cost Plan to the Principal’s Representative to obtain Customer approval.

B.1.5.2 BUILDING INFORMATION MODELLING (BIM) It is anticipated that whilst the majority of projects commissioned under this Panel will not be required in a BIM format, over the life of this Panel and as technology improves, there will be a steady increase in the requirement for BIM. Where the Principal requires Building Information Modelling (BIM) beyond the 300 LOD industry standard for a project being completed on a percentage basis, the Consultant and the Principal shall agree on additional costs for BIM prior to the commencement of work.

Unless otherwise agreed by the Principal, the Consultant shall provide BIM documents in open standards format (IFC) in addition to CADD (see schedule of deliverables) to ensure future usability of the information.



B.1.6 CONTRACT DOCUMENTATION The Consultant shall:

Prepare complete fitout and engineering contract documentation for the approved works. This includes the preparation of specifications and schedules.

Prepare a colour scheme for the documented works and advise colours and materials for non-construction items such as loose furniture and furnishings.

Coordinate with all relevant parties to obtain all certification required to apply for a building permit is received prior to the calling of tenders, including a Certificate of Design Compliance.

Continually review and update the Project Cost Plan to maintain the project within the agreed limit of cost estimate. Prepare a pre-tender estimate prior to the calling of tenders.

Liaise with and obtain all necessary authority approvals for the contract documentation prior to the calling of tenders.

B.1.6.1 NATSPEC PROFESSIONAL PACKAGE Consultants may be required to subscribe to the NATSPEC Building Professional Package to prepare technical specifications for building works. The package also includes site, structural, architectural, interiors, landscaping work, mechanical, hydraulic and electrical services, design and installation work.

It is the Consultant’s responsibility to ensure proper usage and input of information into the NATSPEC software. Failure of NATSPEC or the user will not excuse incorrect or negligent work nor derogate from the Consultant’s duties at law and its obligations under the contract to provide work to the required professional standard.

More information on the NATSPEC Building Professional Package can be obtained at www.natspec.com.au.

B.1.6.2 TENDER DOCUMENTS The Consultant shall: Package up all documentation in a form suitable for the calling of the tenders. The

works will be tendered under the AS 2124 - 1992 General Conditions of Contract.

Use the current BMW master preliminaries for works contracting as the base for the contract specification preliminaries prepared in conjunction with BMW. The BMW’s current master preliminaries, associated forms and Specification Preliminaries Guide Notes for works contracting will be provided by the Principal’s Representative upon request from the Consultant. In the preparation of the specification preliminaries and the tender documents in general the Consultant shall comply with all relevant Government and BMW tendering and contracting policies and practices.

The Specification Preliminaries Guide Notes that are included in the package that will be provided to the Consultant, upon request, includes a section covering some relevant Government and BMW tendering and contracting policies and practices.



Should the Consultant fail to apply Government and BMW tendering and contracting policies and practices as they are intended to be applied, then BMW may, at its discretion, advise the Consultant that it will not consider proposals for future contracts from the Consultant for a period of twelve months or such lesser period determined by BMW.

Note: Rise and fall will not apply to the building works contract.

Deliver a final copy of the full documentation and specification for the Principal’s Representatives review of compliance with Government and the BMW tendering and contracting policies and practices. The specification shall be a final version and shall be provided in sufficient time as to allow the Principal’s Representative a minimum of 5 working days to review the specification and advise the Consultant of any areas that may need attention. The Consultant shall be responsible for ensuring that this review process and any subsequent editing of the specification required by the Consultant as a consequence of the Principal’s Representative’s review does not delay the delivery of the tender documents as described hereunder:

Deliver to the Principal’s Representative, no later than seven (7) working days prior to the tender advertising date:

The pre-tender estimate in accordance with Project Cost Plan and the BMW Project Cost Planning, Guidelines For Consultants;

Schedule of items to be supplied by Principal, and;

Calculation of builder’s pre-qualification.

Deliver to BMW Tendering Services, no later than 12.00 noon on the day prior to the tender advertising date:

the number of tender documents as directed by the Principal’s Representative.

the tender documents in an electronic format in accordance with Clause B.1.6.2.1.

For regional projects the hard copy of the tender documents are to be delivered in accordance with the location, time and date nominated by the Principal’s Representative. Deliver to the Principal’s Leasing Consultant, no later than the time and date nominated

by the Principal’s Representative, one (1) complete set of tender documents for landlords approval of the tenants fitout plans.

Deliver to the Principal’s nominated Customer, no later than the time and date nominated by the Principal’s Representative, two (2) complete sets of tender documents.

Deliver to the Principal, no later than 12.00 noon on the day prior to the tender advertising date for application for a building permit:

the tender documents in an electronic format in accordance with Clause B.1.6.2.1.

B.1.6.2.1 Electronic Tender Documents The tender documents for relevant projects shall also be provided in an electronic format for attachment to, and distribution from, Tenders WA website. Ensure that electronic copies and hard copies are identical in content.



Documents shall generally be in the formats described below and in accordance with the current CADD Documentation Procedures Manual. Do not use ' " / \ & symbols in the Project Title.

Deliver electronic documents on either a Compact Disc or DVD.

The Principal’s Representative is able to provide names of the BMW staff available for technical advice on this requirement. B.1.6.2.2 Tenders The Tendering of the project and the assessment of tenders are deemed to be part of the Contract Documentation phase of the project. The BMW representative will tender the works. Tenders will close at Tendering Services Optima Centre 16 Parkland Road Osborne Park 6017.

The Consultant shall be required to:

Record and respond to tender enquiries during the tender period in accordance with the requirements of AS 4120 - 1994 Code of Tendering. Tender enquiries shall be recorded on the BMW approved form and forwarded by the Consultant to BMW Tendering Services before 2:30 pm on the day that tenders close

Assess tenders and check for technical compliance

Resolve all technical issues arising from the tender assessment. This assessment should include convening a meeting between the Consultant and the preferred tenderer to discuss the project and the tender. The Consultant shall obtain prior written approval from the Principal’s Representative should it choose not to convene such a meeting

Reconcile tender result with pre-tender estimate

Recommend successful tenderer

Dispose of all unused and returned tender documents in a suitable and secure method, which shall be confirmed with the BMW Project Manager prior to disposal.



B.1.7 CONTRACT ADMINISTRATION

Undertake all contract administration functions as required under the Commission.

Where the work under the contract involves activities on an occupied site the Consultant shall arrange and chair a safety coordination meeting between the Principal’s Representative, the Principal’s nominated Customer, the occupier and the Contractor.

Ensure that the Contractor minutes the meeting and distributes the minutes to all attendees. Prior to the meeting liaise with the Principal’s Representative, the Principal’s nominated Customer, the occupier regarding the evacuation plan for the site and arrange for a copy of this plan to be available for the Contractor at the coordination meeting.

The Consultant shall periodically inspect the works and attend site meetings and ensure the appropriate subconsultants also attend.

The Consultant shall monitor the Contractors compliance, where applicable, with its:

Workplace Safety and Health obligations under the contract and ensure copies of the Contractor’s Safety Management Plan (including Job Safety Analyses), Safe Work Procedures and its monthly audits are available on site.

Building Act 2011 requirements including building permit conditions, tests or inspections required, Certificate of Construction Compliance etc.

Use of local suppliers and subcontractors stated in its Claim for Regional Content Preference.

Declaration that there are no imported goods or services being used in the works.

Commitment to Indigenous Economic Development.

Recycling of materials requirements by auditing the disposal destination documentation for green waste, earth, fill, brick, mortar, concrete, and metal that are recycled either by use on–site or by delivery to a recycling facility.

Management of risks identified and assigned in the Risk Management Plan and any issues related to those risks.

The above items shall be a standing agenda item at each site meeting and any non-compliance shall be reported to the Principal’s Representative as soon as practicably possible.

For tenancies where there is not an existing Occupancy Permit in place, the Consultant shall submit a signed Occupancy Permit application to the Principal.

The Consultant shall submit to the Principal all As Constructed CADD drawings, manuals and a Certificate of Construction Compliance.



B.1.7.1 SUPERINTENDENT’S REPRESENTATIVE The Consultant shall nominate within its proposal a senior and experienced staff member to administer the contract as the Superintendent’s Representative. This includes assessing and valuing variations to contracts, issuing instructions, certificates and variation orders authorised by the Principal, the preparation of any additional drawings needed to clarify the works and providing advice and technical support in any disputes that may arise out of the contracts.

The Consultant’s role as Superintendent’s Representative (SR) may include:

Attendance and timely response to all Requests for Information;

Attend to all submissions for shop detailing, switchboard drawings and the like in a timely manner;

To provide Consultants Advice Notices to SR and Project Manager as required;

To consider any deficiency to the original design scope and intent and provide advice to the SR and Project Manager;

Attendance at site meetings;

To procure provisional sum and prime cost items written into the contract if required. Nomination by the SR;

To provide assistance to the SR in determining variation entitlement as required; and

To procure any loose furniture and equipment as required under their commission. Payment will be processed by BMW.

Where BMW has appointed an employee of the Principal to perform the role of the Superintendent’s Representative, the roles and responsibilities of the Consultant will be clarified on a project by project basis and a partial commission will be negotiated.

B.1.7.2 LIMIT ON AUTHORITY OF APPOINTED SUPERINTENDENT’S REPRESENTATIVE

B.1.7.2.1 Increases or Decreases to Scope When appointed as the Superintendent’s Representative for a contract, the Consultant or its employee, as the case may be, shall obtain written approval from the Principal’s Representative prior to issuing any direction, instruction or variation which has the effect or potential for increasing or reducing the scope of work under the contract by more than $5,000 (exclusive of any applicable GST) or extending the Date for Practical Completion, unless doing so is:

(a) reasonably necessary for the emergency protection of people or property; or

(b) pursuant to a due and proper claim for costs or time by the contractor under the terms of the works contract for works that;

(i) the Principal’s Representative has already previously approved in writing; or

(ii) the contractor is duly and properly entitled to under the terms of the works contract and for which the Principal has already received previous written notice as being assessed by the Consultant as a proper claim from the contractor under the terms of the works contract.



B.1.7.2.2 Discretion to Reduce Security Where the Principal:

(a) receives and holds security (whether in the form of bank guarantees, retention money or otherwise) provided by the works contractor pursuant to the building works contract; and

(b) the building works contract provides terms under which the Superintendent may exercise a discretion to reduce that security;

then that discretion can only be exercised by the Superintendent and not the Superintendent’s Representative. The Consultant agrees to act within the limits of this clause.

Save for the above, nothing in this clause is intended to limit the building works contractor’s rights to the return of security that otherwise exist under the building works contract.

B.1.7.3 PRACTICAL COMPLETION The Consultant will be requested to undertake Services in relation to Practical Completion, including, without limitation:

undertaking a joint practical completion inspection for each discipline with the building occupant, Customer representative/s as necessary.

preparing a defects list for each discipline, which clearly identifies those items that need to be rectified.

managing and maintaining the defects liability list; and

ensuring that critical defects are rectified prior to granting the Contractor Practical Completion.

preparing, checking and issuing as constructed drawings.

B.1.7.3.1 Testing Of Services And Reporting By Contractor Prior to issuing a Certificate of Practical Completion, the Consultant shall ensure that the contractor records the testing of all services and submits a review report to the Consultant for approval prior to requesting the witnessing of the onsite commissioning tests.

This report is in addition to the handover manual, outlining design parameters and appropriate operation and testing methods. Where the performance can be upgraded by improved management and occupant behaviour it is to be reported in writing indicating the measures required to achieve the designed benchmarks. B.1.7.3.2 Building Tuning The Consultant shall ensure: all building systems are tuned to achieve design outcomes between practical

completion and final completion;

a relevant member of the design team is involved in the tuning process;



quarterly tuning/monitoring is undertaken and the outcomes are reported to the building

owner and relevant consultants;

full re-commissioning is undertaken 12 months after practical completion; and

a Building Tuning Report on the outcomes of the tuning process is provided to the Principal and the building owner and made available to the design team.

B.1.7.3.3 On-Site Post Occupancy Training Session

Within three months of issue of a Certificate of Practical Completion, the Consultant shall arrange an onsite post-occupancy training session, to be attended by the Consultant, relevant subconsultants, the contractor and relevant subcontractors for the purposes of training facility management to operate the building in accordance with the design intentions. B.1.7.4 FINAL COMPLETION The Consultant will be requested to undertake Services in relation to Final Completion, including, without limitation: one month prior to the expiry of the Defects Liability Period, inviting all nominated

parties to a Final Completion meeting.

chairing the Final Completion meeting, preparing and distributing minutes.

updating the Defects Liability list and forwarding it to the contractor for action.

ensuring all defects have been rectified prior to the issuing of the Final Completion Certificate.

The contract administration services are to continue until the project reaches 15 days after the issuing of a Final Certificate and no Notice of Dispute has been served in respect of that Final Certificate.

B.1.7.4.1 On-Site Assistance During Defects Liability Period

The Consultant shall provide onsite assistance and support to subconsultants and/or Facility Manager regarding the satisfactory operation of the various engineering and building systems.

The Consultant shall coordinate site visits at agreed intervals by the electrical, mechanical and hydraulics subconsultants during the defects liability period as listed under:

Mechanical subconsultant 3 visits plus Final Completion inspections; Electrical subconsultant 2 visit plus Final Completion inspections; and Hydraulic subconsultant 2 visit plus Final Completion inspections.



B.1.8 LOOSE FURNITURE, FLOOR COVERINGS AND DELIVERY SERVICES

B.1.8.1 COMMON USE ARRANGEMENTS (CUA’s) The Government has in place purchasing arrangements with a range of pre-qualified suppliers for the supply and delivery of furniture. These comprise Common Use Arrangements (CUA’s) through the Department of Finance, Government Procurement. These contracts are required to be used unless suitable products or services are not available. The Principal’s Representative must approve the procurement of furniture outside these arrangements.

The following CUA’s have been established and are applicable to this Panel:

Office Furniture CUA FRN2012A Removalist Services CUA REM2013 Freight Transport Services CUA40110

Buyers’ Guides are available for the above-mentioned CUA’s. These guides include details of suppliers, prices, discounts offered, delivery and ordering.

The following website http://www.contractswa.finance.wa.gov.au contains further information on the supply of furniture and removal services.



B.1.8.2 NON CONTRACT ITEMS For the procurement of loose furniture that is not available from CUA’s, the Consultant shall arrange the calling of quotations/tenders in accordance with Government Procurement’s policies and guidelines on behalf of the Principal. B.1.8.3 BMW FUNCTION

BMW will:

Provide information regarding policy, including but not limited to, Government contracting processes and standards;

Provide standard furniture briefs or furniture schedules for specific building or requirements of the Principal’s nominated Customer where these are available;

Approve the procurement method proposed by the Consultant;

Tender procurement packages where required;

Provide a point of contact for tender enquiries; and

Pay all accounts for orders placed by the Consultant.

B.1.8.4 LOOSE FURNITURE AND EQUIPMENT The Consultant must manage the provision and relocation of loose furniture and equipment by:

a) Identifying the Principal’s nominated Customer’s needs through:

Becoming familiar with the Customer’s policies, standards and accommodation schedules with respect to furniture and equipment;

Liaising with the Customer to determine its detailed furniture and equipment requirements with respect to the project;

Carrying out surveys of existing furniture and equipment to determine their suitability for reuse, and;

Providing advice to Principal’s Representative and the Customer regarding product range and availability, technical characteristics of furniture and equipment and providing options and recommendations.

b) Maintaining adequate documentation, as well as scheduling and estimating through:

Preparing designs, documentation, specifications and schedules (including finishes and colour schedules) for the complete furniture and equipment needs (new and reused) of the project;

Preparing preliminary and detailed estimates of the furniture and equipment service including, where appropriate, products, warehousing, delivery, installation, and relocation;

Determining the delivery program and location details for the furniture and equipment service to meet the required time frame;

Identifying and recommending appropriate procurement method/s to achieve furniture and equipment needs for approval by the Principal’s Representative; and



Preparing contract documentation, where appropriate, for the purchase, delivery, installation and relocation of furniture and equipment in accordance with the approved procurement method/s.

c) Arranging purchases:

For furniture and equipment not available from the CUA, the Consultant must call quotes in accordance with Government’s Procurement policies.

The responsibility for procuring furniture is delegated to the Lead Consultant, or a nominated representative, such as the furniture scheduler. The Consultant is responsible for obtaining quotations and preparing all contract documentation, including the Furniture Quotation/Order Form (included in Schedule 3). The Consultant must liaise with the furniture supplier to confirm all the required information, including delivery dates and times, location details and arrange delivery of all scheduled furniture and equipment. Furniture must be procured in line with the relevant CUA Buyers Guide and must use the Quotation/Order Form. Where furniture is not available from a CUA, State Supply Commission Procurement policies must be applied. The Consultant is to be aware that the furniture supplier will fill the order and deliver it to the site on the date specified. Where the site is delayed and the furniture supplier is unable to store the furniture past the expected delivery date, the services of a removalist company will need to be procured through CUA REM2013 – Removalist Services. The Lead Consultant, or nominated representative, will instruct the furniture supplier to deliver the furniture to the removalist company instead of the site specified at award. If the furniture is for a regional project, the services of a removalist company will need to be procured using State Supply Commission Procurement policies.

For furniture and equipment purchases (including under a CUA) coming within the Lead Consultant’s scope, the Consultant will: Seek the Principal’s Representative’s approval for all furniture orders (including any

subsequent variations) before they are placed including copying orders to the Principal’s Representative, ensuring budget control and that the Consultant has inspected samples to ensure suitability of furniture items selected;

Inspection of furniture upon delivery and placement in position and reporting to the Principal’s Representative whether the furniture is:

o subject to any defects and the rectification work required; and,

o exactly what was ordered.

Include in the Consultant’s routine project reports a section addressing the status of furniture design, budget, selection, ordering, delivery and defects rectification.

d) Supervising the supply and installation of furniture and equipment:

The Consultant must be on site when the sourced furniture and equipment is delivered and must:



Provide direction to the delivery personnel for the correct placement of the sourced furniture and equipment around the premise, and;

Certify that the sourced furniture and equipment provided, and its installation, is correct and complete.

The Ordering & Delivering Furniture Guideline is now available on the Department of Finance website. B.1.8.5 FLOOR COVERINGS The Consultant must manage the provision of new floor coverings by:

a) Identifying the Principal’s nominated Customer’s needs through:

Becoming familiar with the policies and standards with respect to floor coverings of the Customer;

Liaising with the Customer to determine its floor covering requirements with respect to the project, and;

Providing advice to the Principal’s Representative and the Customer regarding product range and availability and technical characteristics and providing options and recommendations.

b) Maintaining adequate documentation, as well as scheduling and estimating through:

Preparing schedules, including colour selections, for the floor covering of the project;

Identifying and recommending appropriate procurement method/s for approval by the Principal’s Representative;

Preparing preliminary and detailed estimates for supplying and laying of floor coverings;

Determining the time program for floor covering ordering and laying and co-ordinate activities to meet the required time frame; and

Preparing contract documentation for the supply and installation of floor coverings in accordance with the Department of Finance, Building Management and Work Flooring Material Guide for Government Buildings.

c) Arranging purchases for the supply of floor coverings by:

Confirming supply, delivery and cost details with the selected supplier;

Ensuring the details of the selected floor coverings are specified in the tender documents for the building contract for supply and installation of the floor coverings by the building contractor; and

Specifying the supply and installation of other floor coverings within the building contract.



B.1.8.6 WAREHOUSING AND DELIVERY SERVICES CUA REM2013 Removalist Services is relevant to this clause. The Consultant must manage the provision of warehousing and delivery services, if required, by:

a) Identifying the Principal’s nominated Customer needs through:

Liaising with both the Principal’s Representative and the Customer to determine its requirements with respect to the project, and;

Providing advice to both the Principal’s Representative and the Customer regarding warehousing and delivery services, logistical matters, and providing options and recommendations.

b) Scheduling and estimating through:

Determining the time program for warehousing and delivery services, and co-ordinating activities to meet the required time frame, and

Preparing preliminary and detailed estimates for warehousing and delivery services.

c) Managing the warehousing and delivery services:

Liaising with the removalist contractor regarding warehousing requirements and timeframe for assembly and delivery of furniture. Where removalist services are required, the furniture supplier must take care to ensure all furniture is assembled prior to delivery.

Monitoring the stockpiles of furniture within the warehouse; and

Advising removalist contractor of final delivery requirements and coordinating and certifying correct delivery to site.

Full information and guidelines are included in Appendix 2 - Guideline for Ordering and Delivering Furniture for Works Projects. B.1.9 REPORTING The Consultant shall provide electronic copies of reports as follows:

B.1.9.1 MANAGEMENT REPORTING

Take minutes of Project Control Group (PCG) and site meetings held with the Customer, subconsultants and contractors and distribute monthly progress report to PCG members by the 12th of every month providing details of Project Scope, Program Overview, Key Milestones and progress for the period and project cost controls.



B.1.9.2 BRIEF FINALISATION REPORT

At completion of brief finalisation provide a report signed by the Consultant’s Representative that includes as a minimum:

Functional requirements including relationship diagrams; and

Accommodation schedule including name of position/facility, level of officer, area allocated and whether open planed or enclosed area.

Brief finalisation is considered complete upon presentation of the report and once it has been signed off by the Customer’s Representative, and the Principal’s Representative.

The Consultant shall provide the report to the Customer’s Representative and the Principal’s Representative.

B.1.9.3 SCHEMATIC DESIGN REPORT

At the completion of Schematic Design, provide a report signed by the Consultant’s Representative that includes as a minimum a brief synopsis on the following headings:

Introduction;

Project Description;

Project Control Group and consultant team;

Scope of Works Summary - including any discrepancies with brief and reasons;

Design Proposal – preliminary office fitout designs including preliminary indications of proposed partitioning/screen systems, specialist services requirements, materials and finishes;

Commonwealth Disability Discrimination Act 1992 (DDA) compliance. The Consultant shall provide written confirmation that it:

o has been made aware of the “Disability Service Plan” report and/or Audit report for the particular facility;

o has briefed the Principal’s Representative on compliance with the “Disability Service Plan” report and/or Audit report and the BCA, DDA and DDA Advisory Notes, and;

o has received instructions from the Principal’s Representative on agreed works for this project on the basis of the above briefing.

Outcomes of discussions with relevant authorities i.e. Local Authority, Fire and Emergency Services, Heritage Council, utilities authorities etc;

Preliminary Estimate in accordance with the BMW Project Cost Planning, Guidelines For Consultants. Include elemental quantities;

Preliminary project program; and

Illustrations of the Design - include conceptual office fitout plans, elevations and sections generally at 1:100 scale. Indicate appearance through perspective sketches.

Schematic design is considered complete upon presentation of the report and sign off by the Customer and approved by the Principal’s Representative.



B.1.9.4 DESIGN DEVELOPMENT REPORT

At the completion of design development, provide a report signed by the Consultant’s Representative that includes as a minimum, a brief synopsis on the following headings:

Introduction;

Project Description;

Project Control Group and consultant team;

Scope of Works Summary - including any discrepancies with brief and reasons;

Design Proposal – developed office fitout designs including final proposed partitioning/screen systems, engineering and specialist services requirements;

A statement of the impact on existing services, risks to those services and agreed risk mitigation;

Energy report describing anticipated energy use and energy minimisation strategies;

Outcomes of discussions with relevant authorities i.e. Local Authority, Fire and Emergency Services, Heritage Council, utilities authorities etc;

Limit of Cost Estimate in accordance with the BMW Project Cost Planning, Guidelines For Consultants. Include elemental quantities;

Developed project program;

Schedule of Accommodation - indicating actual, briefed and M2 variance for each activity space areas;

Schedule of Materials and Finishes;

Confirmation of compatibility between the design and the loose furniture schedule including details of any changes: and

Illustrations of the Developed Design - include 1:100 scale plans and elevations and 1:50 scale sectional studies of all buildings, typical constructional details and sketches showing internal treatment of spaces. Show fixed and loose furniture and equipment on floor plans.

Design Development is considered complete upon presentation of the report and sign off by the Customer and approved by the Principal’s Representative.

B.1.9.5 OCCUPATIONAL SAFETY & HEALTH REPORT

The Consultant shall prepare a written Occupational Safety and Health Report (“the Report”) setting out:

The hazards that the Consultant has identified as part of the design process that arise from the design of the end product of the construction work and to which a person at the construction site is likely to be exposed;

The Consultant’s assessment of the risk of injury or harm to a person at the construction site that may result from those identified hazards;

The means by which the attendant risk may be eliminated, reduced or better controlled; and



Which of those hazards the Consultant has not done anything in respect to reducing the risk of injury or harm.

The level of detail in the Report must be appropriate for the type and complexity of the project, having regard to the nature of the hazards and the degree of risk.

The Consultant shall provide a copy of the Report to the Principal’s Representative and contractor prior to the contractor commencing work on the site.

Where it becomes apparent during the course of construction that changes to the design could either:

eliminate a risk to safety and health at sites; or

better control a risk to safety and health at sites,

the Consultant shall work with the Principal’s Representative and the contractor to implement changes to the design that would eliminate or otherwise better control the identified risk.

Should any change in the design become required for a reason outlined in the preceding paragraph, the Consultant shall incorporate the change to the design into the report, and provide an amended copy to the Principal’s Representative and the contractor.

B.1.9.6 CONTRACT DOCUMENTATION / TENDER ESTIMATE REPORT

Provide a report signed by the Consultant’s Representative that includes as a minimum:

Tender estimate in accordance with the BMW Project Cost Planning Guidelines for Consultants.

Include elemental quantities;

Locking Schedule;

Colour schedule - include colour board;

Certification that contract documentation complies with the project brief. Advise any discrepancies and reasons;

Confirmation of compatibility between the design and the loose furniture schedule including details of any changes;

Confirmation of drawings submitted to FESA for approval or that they comply with current BCA requirements;

Confirmation of drawings submitted to BMW for a building permit;

Confirmation of other required approvals i.e. Heritage Council, Development Approval etc;

Consultant Representative’s, checking, signing and certification;

Schedule of items to be supplied by Principal;

Tender Originals (includes specifications) - electronic (to the BMW CADD Manual Requirements) clearly marked “TENDER DOCUMENTS”, and;



Building Act requirements including technical certificates, reports, certificates of design compliance, copy of planning approvals, copies of environment/health/heritage approvals (if applicable) to enable building permit applications.

Contract documentation / tender estimate is considered complete upon presentation of the contract documentation and report and sign off by the Customer and approved by the Principal’s Representative. B.1.9.7 CONTRACT ADMINISTRATION REPORTS

Every four weeks provide a report, signed by the Superintendent’s Representative that includes as a minimum:

Monthly Progress Report;

Summary of Superintendent’s directions;

Summary and Status of Disputes;

Building Cost Performance – provide the tender sum; a summary of variations issued, pending and anticipated, including value; the value of the contingency sum that is uncommitted; and payments to date. Summarise variations in accordance with the following:

o Builder variations for minor items under $1000 that have resulted from either documentation errors or items unforseen at the time of tendering.

o Customer variations resulting from changes to the project scope requested after tenders were called.

List variations resulting from any major (over $1000) documentation error or briefed scope omission categories under the following discipline headings:

o Architectural

o Mechanical Engineering

o Electrical Engineering

o Structural Engineering

o Hydraulic

o Other

A risk management summary listing risks under management and any issues related to those risks;

Project time including original approved practical completion date, revised approved practical completion date, estimated practical completion date, summary of extension of time approved and claimed;

Critical Issues - include corrective action; and

Compliance issues (Workplace Safety and Health, Government Building Training Policy (where applicable), Buy Local Policy), and disposal destination documentation for materials recycled either by use on–site or by delivery to a recycling facility.



B.1.9.8 PRACTICAL COMPLETION REPORTS At each Practical Completion of the building works contract provide a report, signed by the Superintendent’s Representative that includes as a minimum: Fitout and Refurbishment Form (Government Office Accommodation);

Practical Completion Defects List;

Practical Completion Certificate;

Financial Statement;

Summary and Status of Outstanding Disputes;

Certification required;

Warranties Summary;

Maintenance and Operation Manual (if required in the building contract) and Project Handover Manual;

As Constructed Drawings - electronic (to the BMW CADD Manual Requirements) clearly marked “AS CONSTRUCTED DRAWINGS”; and

Authorisation to reduce the builders retention.

Pursuant to the above, the maintenance and operation manuals shall include as a minimum a:

schedule of all mechanical, electrical, electronic and security equipment incorporated in the project;

recommended preventative maintenance schedule for each item of equipment;

the capital cost of each item of equipment;

indicative costing of preventative maintenance, and;

capital replacement program for each item of equipment. A sample of the schedule in which this information must be provided is attached in Clause B.3.

B.1.9.8.1 Certification at Practical Completion Reports The Consultant and its subconsultants shall at Practical Completion certify that: 1. The completed works comply with, and/or are consistent with, the policies and

guidelines, including any clarifications advised by the Principal’s Representative;

2. The facility engineering systems are operating as required to the design intent and that the facility maintenance staff have received appropriate instruction in its operation and maintenance;

3. Electronic operational and maintenance manuals have been checked and any corrections made and provided to the Principal; and

4. As Constructed Drawings (all consultants and subconsultants’ drawings) have been checked and any corrections made and supplied to the Principal. This is a condition for Practical Completion certification.



5. A certification form will be provided to the Consultant and its subconsultants at Practical Completion for signing and return.

B.1.9.9 FINAL COMPLETION REPORTS

At Final Completion provide two (2) copies of a report, signed by the Superintendents Representative that includes as a minimum:

Final Completion Certificate;

Authorisation to release the contractors retention, and;

Financial Statement.

B.1.10 LOCAL AUTHORITY CONSULTATION

The Planning and Development Act 2005 (‘the Act’) requires that every public work so far as reasonably possible, is undertaken in such a manner as to be in keeping with the design and intent of the relevant Local Authority’s town planning scheme, and so as not to destroy the amenity of the relevant local authority’s town planning scheme and that the relevant local authority is consulted.

Accordingly, the Consultant shall liaise with the relevant local authority during all stages of the project, including the Contract Administration stage. Consultation shall include consideration of any local building policies or regulations, subject to Project Control Group (PCG) approval. The Consultant shall ensure that project documentation outlines and demonstrates compliance with all relevant local regulations, eg proposed use, access, carparking, signage, window film etc.

Where agreement cannot be reached with the relevant local authority about the project being in keeping with the design and intent of the relevant local authority’s town planning scheme, the Consultant shall advise the Principal as soon as practicably possible. Such advice shall include recommendations of what action is necessary to ensure the project complies, for direction by the Principal.

B.1.11 APPROVALS, PERMITS AND LICENCES

B.1.11.1 DEVELOPMENT APPROVAL

Projects in the geographic location governed by the Metropolitan Region Scheme (MRS), the Peel Region Scheme (PRS) and the Greater Bunbury Region Scheme (GBRS) may require development approval from the WA Planning Commission (WAPC). Where a development approval is required for projects over $10 million (or $20 million in the City of Perth) the development approval is determined by a Development Assessment Panel (DAP).

Where projects involve works on a primary school site on zoned land within the MRS area, development approvals are determined pursuant to a delegation to the Deputy Director General of Building Management and Works under section 16 of the Planning and Development Act 2005 (WA).



When a development approval is required consultants must:

1. Allow in the time plan for the project for the time needed to obtain Development Approval within a sufficient time to permit acquiring any other approvals, licences or permits which will depend on the Development Approval; and

2. Lodge 2 copies of the appropriate documentation with the relevant local authority for Development Approval from WAPC when approval has been received from the Principal of the Schematic Design and project estimate.

Ensure the submitted documentation includes a MRS PRS or GBRS Form 1 and any required DAP forms, signed by the appropriately authorised person, and all drawings, reports, photographs and the like necessary for the expedient processing of the application.

Obtain from the Local Authority the reference number for the application. Follow up with the Local Authority after the expiration of seven days from the date of lodgement to ascertain if the application has been forwarded to WAPC or DAP Secretariat where relevant.

Monitor the progress of the application by reference to the WAPC website and immediately advise the Principal’s Representative if any delays arise.

The Consultant shall proceed into the contract documentation phase of this project pending the receipt of Development Approval from WAPC or a DAP where relevant. However, the project will not proceed to the calling of tenders until Development Approval is obtained from WAPC or a DAP where relevant.

At any time after the lodgement of the application for Development Approval and even if Development Approval has been obtained, should the planned development change, then the Consultant shall liaise with the relevant authority regarding the likely impact the change may have on the application or approval.

Development Approvals under the MRS, PRS or GBRS for public works by State government agencies are not subject to fees charged by local authorities for making recommendations to the WAPC, and accordingly the Consultant shall not allow for any such fees in its Lump Sum proposal. Public works by state government agencies are not subject to local authority planning schemes and are therefore exempt from local planning scheme development applications. However State government agencies may need to liaise and make applications to local government if application to the local government is required to obtain a permit under the Building Act 2011 (WA).

Liaise with the Principal’s Representative in regard to Development Approval matters. The Principal’s Representative will be able to provide advice on need for a development approval, the person appropriately authorised to sign the MRS, PRS or GBRS Form 1 and has some standard letters that should be used when submitting the application to the local authority.



B.1.11.2. BUILDING PERMITS – BUILDING ACT 2011 (WA)

The Building Act 2011 (WA) binds the Crown, and requires the Government to demonstrate that its building projects are designed and constructed in accordance with the National Construction Code, relevant standards referenced therein and any other codes or standards that are referenced by the Building Act 2011 (WA) and subsidiary legislation. The legislation also requires that new buildings and incidental structures are:

(a) demolished in accordance with demolition permits;

(b) constructed in accordance with building permits; and

(c) occupied in accordance with occupancy permits.

Under the Building Act 2011 (WA) the Principal is required to apply to a permit authority for building permits, demolition permits, occupancy permits and/or building approval certificates as the case may be in relation to specified types of building work and demolition work as defined by the Building Act 2011 (WA).

A separate divisional structure within BMW performs the functions of a permit authority and issues permits required under the Building Act 2011 (WA) for the buildings BMW constructs, procures and manages. The Principal or its agent will be responsible for submitting permit applications to the permit issuing authority.

Consistent with the Building Act 2011 (WA), the Consultant must:

(i) Ensure that all relevant technical certifications required by the Building Act are provided or obtained that might be required for a Certificate of Design compliance to be properly and duly obtained in order to allow prompt certification of the design by an independent Building Surveyor;

(ii) Undertake to do all things and take all steps reasonably necessary to enable the Principal to obtain building, demolition or occupancy permits (as the case may be) for the works under the contract;

(iii) Ensure that any building or demolition work is carried out pursuant to all requirements of the building or demolition permits (as the case may be) and any conditions that may be imposed on such permits;

(iv) Ensure that any building or demolition work is undertaken in accordance with the design documentation or any variations directed under the contract;

(v) Ensure that any building or demolition work carried out complies with any building orders issued by the permit authority;

(vi) Where any variation affects compliance with any relevant code or standard, assist the Principal and its agents to do all things necessary to urgently facilitate re-certification of design compliance of the varied work and the application for and issuing of a new building permit or demolition permit as the case may be;

(vii) Ensure that all inspections and tests required under the building, demolition or occupancy permit, or otherwise required by the permit or Building Surveyor at any time when certifying the works, are carried out on site during construction. Documentation of results must be provided in a timely manner to the Building Surveyor and the Principal so as to not prejudice or delay the issuing of a Certificate of Construction compliance;



(viii) Assist the Principal and its agents to properly and duly obtain a construction compliance to enable the timely application for an occupancy permit (if required) or building approval certificate as the case may be from the permit authority to enable lawful occupancy of the building(s) or any part(s) thereof within the program timeframes required by the Principal and the contract;

(ix) Take into account the time periods and limits prescribed under the Building Act 2011 (WA) in its construction program;

(x) Provide such further information or materials that the permit authority may reasonably require to support an application or impose conditions on the permit or certificate;

(xi) Otherwise comply with the following Acts and any subsidiary legislation made under them:

a) Building Act 2011 (WA);

b) Building Services (Complaint Resolution and Administration) Act 2011 (WA);

c) Building Services (Registration) Act 2011 (WA);

d) Building Services Levy Act 2011 (WA); and

e) Building and Construction Industry Training Levy Act 2011 (WA)

without limiting the Consultant’s general obligations under the General Conditions.

B.1.11.3. PERMIT AUTHORITY

The Principal’s role in the delivery of public works is managed by Department of Finance – Building Management and Works (BMW). The Principal’s functions in this respect are specifically managed by project delivery groups within BMW, being Infrastructure Delivery Groups 1 and 2, Program Management Office, Maintenance Services and Regional Programs (hereafter “Project Delivery Groups”).

The Minister for Commerce has delegated his powers under s 124(2)(a) and (b) of the Building Act 2011 (WA) to certain officers within the Planning and Practice Group of BMW who may, pursuant to that delegation, perform the State’s functions as a permit authority.

Where officers within the Planning and Practice Group of BMW perform the functions of a permit authority in relation to any building work or demolition work forming the whole or any part of the work under the contract, that function is specifically managed by the Planning and Practice Group within BMW. This Group is a separate divisional structure from the Project Delivery Groups.

Even though BMW contains both groups, their reporting structures and roles as project proponent on the one hand and permit authority on the other hand are entirely separate and operate independently from the other. This divisional structure is necessary in order to give effect to the intention of the Building Act 2011 (WA) and avoid actual, potential or perceived conflicts of interest.

Consequently, the Consultant acknowledges and agrees that:

(i) the Consultant must always act consistently with and in a way that will protect and preserve the independence of the Principal’s and permit authority’s separate roles and the purposes and intention of the Building Act 2011 (WA);



(ii) the Consultant must ensure the Principal does not, by virtue of any act or omission of the Consultant, act inconsistently with, be placed in breach of, or commit an offence under, the Building Act 2011 (WA) or subsidiary legislation;

(iii) any delay, damage, loss, liability, claim, expense or cost caused directly or indirectly by the permit authority in performing or failing to perform its functions under the Building Act 2011 (WA) is not a delay, damage, loss, liability, expense, or cost caused directly or indirectly by the Principal under any circumstances; and

(iv) the Consultant must do all things necessary to ensure that all subconsultants, contractors, subcontractors, employees, agents, authorises and assigns consider and treat all delays, damages, losses, liabilities, claims, expenses or costs associated with the functions of BMW as a permit issuing authority consistently with paragraph (c) above.

B.1.11.4. INDEMNITY

The Consultant hereby irrevocably indemnifies and agrees to keep indemnified the Principal from any damage, loss, liability, claim, expense, cost, fee, penalty or fine, suffered by the Principal directly or indirectly arising from any failure by the Consultant to comply with Clause B.1.11.3 above and shall hold the Principal harmless for the same.

The Consultant further irrevocably indemnifies the Principal against any damage, loss, liability, claim, expense, cost, or fee suffered or incurred by the Principal with respect to any delay in the issuance of any permit required under the Building Act 2011 (WA) caused or occasioned by the Consultant’s failure to observe any term of this contract or requirement under the Building Act 2011 (WA) or subsidiary legislation.

B.1.11.5. INDEPENDENT BUILDING SURVEYORS

If certificates are required from an independent building surveyor for the purposes of the Building Act 2011 (WA) in order for the Consultant to discharge its obligations under this Clause B.1.11.5, then the Consultant must comply with the Principal’s directions regarding:

(a) the nature of the engagement and the manner in which an independent building surveyor is engaged;

(b) which independent building surveyor is engaged; and

(c) the terms and conditions of the engagement of the independent building surveyor.

In any event, the Consultant must not engage or on behalf of the Principal engage an independent building surveyor without the express written consent of the Principal, that consent being provided or not provided in the absolute discretion of the Principal. B.1.12 SUSTAINABILITY INITIATIVES

BMW’s Government Office Accommodation Policy and associated standards clearly define the application of sustainability in the delivery of Government office fitout projects.

The Consultant is responsible for compliance with the Government Office Accommodation Policy and/or associated standards. These can be viewed on the website, when available, at : http://www.finance.wa.gov.au/cms/content.aspx?id=3787.



B.1.12.1 GREEN BUILDING COUNCIL

The Consultant shall allow for all design analysis including simulation and modelling (where specified) required to target the relevant Green Building Council of Australia’s Green Star Rating Tool to the relevant benchmark level.

B.1.12.2 ENERGY EFFICIENCY

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

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

Incorporating passive solar design principles;

Maximising day-lighting and passive climate modification opportunities;

Incorporating energy efficient designs to minimise active heating and cooling requirements;

Specifying energy efficient plant and equipment;

Specifying energy efficient lighting systems;

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

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

A qualified minimum of 4.5 stars NABERS Base Building Rating has been required since 1 July 2006.

B.1.12.3 MECHANICAL SERVICES SUBCONSULTANTS TO MODEL AND MEASURE ENERGY USE DURING DEFECTS LIABILITY PERIOD

The following clauses are to be given effect as mandatory requirements in the Scope of Services for mechanical services consultants: Commissioning of services that use energy

The mechanical services consultant is to ensure contractor tests services and reports on the results before issuing Certificate of Practical Completion.

The following energy efficiency systems and equipment must be commissioned to meet the design intent of the systems and to validate their required performance:

a) The energy efficiency systems of the National Construction Code (NCC) Volume 1 Parts J5 to J7, including the balance of air and water systems, damper settings, thermostat settings and the like.

b) Adjustable or motorised shading devices.



Information to facilitate maintenance

A manual to facilitate the maintenance of the energy efficiency systems and equipment required by NCC Volume 1Parts J1 to J7 must be provided, detailing:-

a) the design and operation intent;

b) the commissioning settings; and

c) the preventative maintenance for the particular systems and equipment required to comply with NCC Volume 1 Part I2.

Energy monitoring

The building’s energy consumption must be monitored between the date of occupation or issue of the occupancy permit, and the issue of Final Certificate at the end of defects liability period. Outcomes of the energy monitoring are to be reported to the BMW Project Manager, BMW Building Research and Technical Services and relevant consultants.

Before a Final Certificate is issued, the mechanical services consultant is to submit a report comparing the actual monthly energy use with the modelled or anticipated use. Any discrepancies are to be detailed and remedial actions suggested, if necessary, to address any significant excess consumption.

B.1.12.4 WATER EFFICIENCY

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

Ensuring the incorporation of water efficient appliances and fixtures;

Providing effective monitoring and maintenance systems;

Installing reuse systems for grey water;

Installing rain water and storm water collection tanks;

Designing to manage stormwater runoff on site to recharge aquifers.

Check with the Principal’s Representative to verify any specific water recycling and source requirements.

B.1.12.5 WASTE MINIMISATION

The Consultant is required to recommend strategies that minimise the generation of waste going to landfill and maximise reuse and recycling opportunities. Such strategies could include:

Designing buildings to maximise the opportunities to recycle materials in future;

Considering opportunities to recycle materials such as green waste and construction/demolition waste on site within the works;

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



B.1.12.6 BUILDING MATERIALS The Consultant is required to consider strategies that incorporate ecologically sustainable materials and construction practices. These could include: Designing for resource conservation (using the minimum amount of material required

for the function);

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

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

Minimising life cycle costs through using durable materials, finishes and equipment requiring minimal maintenance;

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

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

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

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

B.1.12.7 BUILDING DURABILITY

A durable building is one that is long lasting, fit for purpose and requires minimal maintenance during its lifespan. As part of the project deliverables, the Consultant shall include a schedule of maintenance including required maintenance intervals and anticipated costs for major components of the building fabric.

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

The Principal’s Representative may assist the Consultant with information on how to incorporate features that are likely to assist durability and minimise damage.

B.1.13 RISK MANAGEMENT PLAN

Prepare a Risk Management Plan for the project works to the approval of the Principal. The plan shall provide duty of care risk mitigation of facility design, construction, operation, maintenance, development and demolition risks. Risk assessment shall comply with AS/NZS 4360.

The risk plan shall be developed progressively and appropriately as the project proceeds.

Risk mitigation shall be defined, recorded, assigned and performance managed by the Consultant. Risk management review shall be an agenda item at all project meetings. All risk management actions and decisions shall be recorded in the meeting minutes.



B.1.14 SITE VISITS (Projects located outside the Metropolitan Area/ Peel Region or greater than 80km from the Consultants office)

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

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

The Principal’s Representative shall be informed of each site visit by the Consultant or any of the subconsultants where claimable disbursement costs are to be incurred.

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

B.1.15 PAYMENT PROCESS

Consultants shall use BMW’s online project and contract management system (PACMAN) for all fee claims relating to major capital works projects. Access to the system will be provided by BMW upon successful appointment to the Panel, where a user name and password will be released. The email address is [email protected].

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

BMW will provide onsite training for all Consultants.

Maintenance services and minor works projects are managed outside the on-line project and contract management system. For these consultancies, a manual claims processing, manual payments and manual RCTI option will be retained, together with a ‘pay on invoice’ option. Payments for maintenance services and minor works are invoiced based. Claims for payments are processed through the purpose built Maintenance Main Saver System. The PACMAN system does not apply for maintenance and minor works payments.

For consultant payments, a claim/invoice is to be sent to the BMW Project Manager for checking and verification. All relevant projects details need to be included on the invoice. The Consultant will be advised when the invoice has been paid.

Where a Consultant undertakes the role of Superintendent’s Representative, then the Consultant receives all invoices/claims from contractors with relevant BMW project details. The Consultant must check and verify the percentage of work done against the claim and recommends payment to the BMW Project Manager, who arranges payment and advises the Consultant/contractor accordingly.



B.1.16 BUILDING CONTRACTOR PAYMENTS

Where applicable, Progress Certificates for payments to the Contractor in a building contract must be certified by the person appointed as the Superintendent’s Representative. Claims for payment to building contractors submitted by the Superintendent’s Representative shall be on the relevant documentation. Attached to this shall be the Payment Certificate and Summary of Contract Variations. These forms will be available through PACMAN.

The Superintendent’s Representative shall attach to each claim other information as required under the construction contract. It is the Consultants obligation to operate this process and detail the process separately. B.1.17 SUBCONSULTANTS

Nomination of sub consultants is not a requirement of this proposal.

The successful Consultant shall engage experienced subconsultants where required and as approved by the Principal to assist with the undertaking of this work.

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

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

Where an existing BMW professional consultancy panel arrangement is in place for subconsultant appointments (eg. engineers, building surveyors etc), the Lead Consultant is strongly encouraged to utilise these panel arrangements to directly engage specialist subconsultant services.

If a Lead Consultant elects to engage sub consultants outside of these BMW panel arrangements, sufficient quotes must be obtained to demonstrate that a value-for-money outcome has been achieved, with at least one quote obtained directly from the relevant sub-consultancy panel arrangement.

Structural engineering subconsultants shall comply with the Design and Checking requirements of BMW, at Clause B.1.28.

Security subconsultants shall be licensed under the Security and Related Activities (Control) Act 1996 and all relevant amendments.

Successful subconsultants shall be engaged under terms and conditions consistent with and complimentary to those under which the Consultant is engaged and shall not impact on the Consultants obligations to the Principal.



Subconsultants shall be responsible for the preparation and submission of As Constructed Drawings - electronic (to the BMW CADD Manual Requirements) clearly marked “AS CONSTRUCTED DRAWINGS”.

Consultants shall not change any member of its project team or any of its subconsultants or allow its subconsultants to change any members of their project teams that formed part of the firm’s Offer without prior written approval of the Principal.

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

B.1.18 INVITATION FOR PROPOSAL

The Invitation for Proposal will invite the Consultant to submit a proposal for the provision of a ‘standard service’ for a specific project requirement. It will include the following:

Project Brief;

A project specific Schedule of Deliverables (if required);

A project specific Annexure;

Project Team Nomination and Availability;

Fee Breakdown - Lump Sum Fee/Hourly Rate.

B.1.19 WORK AT AN EXISTING PREMISE Fitout projects involve work in existing premises. As a result, the Contractor, the Contractor’s subcontractors and suppliers, the occupants of the premise and others may be exposed to safety and/or health risks arising from the existing condition of the premise and its surrounds during the execution of the works. Some of these risks can be identified during the design and documentation phases of this contract. To address these risks, the Consultant shall obtain from the Principal’s Representative a copy of the hazardous substances survey, risk management report, asbestos register and the associated management plan for the premise and its surrounds.


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

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

3. arrange, on behalf of the Principal, a consultant meeting for the services of an asbestos consultant;



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

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

6. in the event that asbestos is discovered following commencement of the construction contract, manage the incident in accordance with the Action Management Flowchart (refer Clause B.9) included in the Consultant Brief.

B.1.19.1 ASBESTOS CONSULTANT

The asbestos consultant must:

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

2. be approved by the Principal’s Representative;

3. conduct all relevant Services in accordance with Government requirements, including, but not limited to, National Occupational Health and Safety Commission guidelines, procedures and requirements and occupational health and safety legislation, regulations and guidelines; and

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

B.1.20 UNIVERSAL ACCESS

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

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

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

B.1.21 ARTWORKS

Fitout projects will generally incorporate artworks in accordance with Government policy covering office fitout. The Consultant will liaise with the Principal’s Representative, user groups, artists and art coordinator to ensure integration of the art component within the project.



B.1.22 GOVERNMENT REQUIREMENT FOR BICYCLE END OF TRIP FACILITIES IN GOVERNMENT BUILDINGS

The Consultant shall liaise with the Principal’s Representative to ensure appropriate bicycle end of trip facilities are included in accordance with the requirements set out in the Government Office Accommodation Policy and associated standards.

B.1.23 PROJECT HANDOVER Upon engagement, the Principal’s Representative will introduce the Consultant to the BMW appointed Facilities Manager, BMW Maintenance Officer or the BMW Regional Manager. The Consultant shall:

Liaise with the Facilities Manager and/or Regional Manager on any issues related to the project (i.e. obtain information on any site history which may affect this project and keep Facilities Manager/Regional Manager informed of the project;

During construction phase, ensure that the Contractor informs the Facilities Manager/Regional Manager of any disruptions to existing service;

Prepare Handover Manual one month prior to Practical Completion.

One month prior to Practical Completion, invite all nominated parties to Practical Completion Handover Meeting. A standard agenda for these meetings will be provided by the Principal’s Representative;

Ensure an occupancy permit is applied for and issued prior to project handover;

Chair Practical Completion Handover Meeting, prepare and forward minutes;

Prior to the completion of the Defects Liability Period, arrange a meeting (if necessary) or otherwise liaise with the Contractor and Facilities Manager/BMW Maintenance Officer/Regional Manager to ensure that all defects are resolved;

Report to Principal’s Representative on results of meeting; and

Arrange an onsite post-occupancy training session within three months after the issue of a Certificate of Practical Completion, and arrange for the attendance of relevant subconsultants and the contractor at that meeting. The purpose of the onsite post-occupancy training session is to ensure that the end user of the facility is appropriately trained to operate the building in accordance with the design intentions.

B.1.24 DOCUMENTATION PROVIDED BY THE PRINCIPAL

B.1.24.1 CADD DRAWINGS

The Principal may have samples of CADD documents for previously documented similar projects or documentation for the existing facilities on this site, which may assist the Consultant with the documentation for this project. Upon request from the Consultant, the Principal will provide to the Consultant, if available, a copy of that CADD documentation.



B.1.24.2 MANUAL DRAWINGS

The Principal may have copies of manual drawings available for existing sites. The Consultant may view the available drawings in the BMW Drawings Online (Ground Floor, Optima Centre, 16 Parkland Road, Osborne Park WA).

Consultants wishing to view the drawings should make prior arrangements with the BMW Building Records on telephone number (08) 6551 1808 or (08) 6551 1809.

The existing drawings for sites and premises related to Parliamentary Offices, Heritage buildings and the like have restricted viewing access. Prior written authorisation is required from the Principal’s Representative if the Consultant wishes to view or obtain copies of these drawings. The Consultant must liaise with the Principal’s Representative if it is not sure of the viewing access for drawings related to this contract.

Should the Consultant wish to obtain a print copy of some or all the available drawings then arrangements can be made for this with the BMW Building Records staff. Unless prior arrangements have been made with the Principal’s Representative plan printing is at the Consultant’s expense. B.1.24.3 DISCLAIMER The Principal accepts no responsibility for the compliance to the BMW CADD Documentation Procedures Manual or the brief for this contract of any drawings, whether they are in electronic or hard copy format, it provides to the Consultant under this contract. Similarly the Principal accepts no responsibility for the accuracy or completeness of these drawings.

B.1.25 DOCUMENTATION FORMAT REQUIREMENTS

B.1.25.1 CADD

The drawings for a project shall be provided in a CADD format compatible with the BMW CADD system.

The BMW has a CADD Documentation Procedures Manual. The Consultant shall comply with the requirements of this manual.

Liaise with the Principal’s Representative to obtain a copy of this manual and for any other details required on the BMW CADD requirements.

Refer to clauses Contract Documentation/Tender Estimate Report and Practical Completion Report and Electronic Tender Documents for details of deliverable items.

B.1.25.2 SPECIFICATIONS

Specifications shall be Microsoft Word 2007 documents and may be either a single document or a collection of documents. In all cases the electronic copy of the specification shall contain all the required BMW forms. The specification shall include all subconsultant specifications, schedules, tables and the like. The specification file, or files, shall be 'zipped' using a propriety archiving tool such as “WinZip” or “PKZip” into a single file named "<Project Title> - Specification".

B.1.25.3 DRAWINGS

Drawings shall generally conform to the BMW CADD protocols but be PDF/A (portable document format) files.

Prior to conversion to the PDF/A format:



Erase all entries outside the drawing boundaries;

‘Zoom’ drawings to limits; and

Ensure that all ‘xref’ files are on the same directory as the drawings to be converted (.pdfs of ‘xrefs’ are not required as they are bound into the PDF.

Each .PDF file shall contain only one drawing. Ensure that drawings can be read before submitting to BMW.

Drawings shall be grouped together into disciplines and 'zipped' using an archiving tool such as “WinZip” or “PKZip” so as to produce the following file names for each project:

"<Project Title> - Architectural Dwgs"

"<Project Title> - Structural Dwgs"

"<Project Title> - Electrical Dwgs"

"<Project Title> - Mechanical Dwgs"

"<Project Title> - Hydraulic Dwgs"

"<Project Title> - Landscape Dwgs" (if applicable)

"<Project Title> - Civil Dwgs" (if applicable).

If any individual discipline group has drawings totalling more than 10Mb in size when 'zipped' the drawings shall be split into separate files of 4 - 5Mb in size and numbered consecutively, i.e. "<Project Title> - Structural Dwgs1", "<Project Title> - Structural Dwgs2" and so on.

B.1.26 SCHEDULE OF DELIVERABLES

The initial Schedule of Deliverables for this contract has been prepared by the Principal’s Representative and is included at Clause B.2 of this document. The Principal’s Representative will provide, to the Consultant, a computer disk containing a copy of the initial Schedule of Deliverables. This will be in a Word 2007 format.

The deliverables that appear within the Schedule of Deliverables for each phase of the project shall be provided by the Consultant to the nominated entity prior to the completion of each phase. B.1.27 RETENTION OF DOCUMENTATION The Consultant must retain all original documents and contract records (including physical and electronic records) directly or indirectly connected with the Schedule of Deliverables for a period of 7 years and if requested by the Principal at any time during that period make those original documents and records immediately available to the Principal for inspection.



B.1.28 MINIMUM REQUIREMENTS FOR STRUCTURAL DESIGN AND CHECKING

B.1.28.1 GENERAL The Consultant shall ensure that all structural design and documentation is independently checked. The firms and the personnel involved in the design and checking process shall meet the minimum requirements listed below. B.1.28.2 SEPARATION OF DESIGN AND CHECKING FUNCTIONS

A basic principle of the checking process is that it will be as independent of the design process as possible. Consequently a requirement of the contract is that the Checking Engineer shall not have been directly involved in the design phase of the work. In the case of a design firm with limited staff, this may necessitate the checking phase being undertaken by another firm.

B.1.28.3 DESIGN ENGINEER

The Design Engineer:

Shall have practical design experience in building structures commensurate with the value and complexity of the project; and

Shall be eligible for membership of the Institution of Engineers, Australia as either; a Corporate Member, or a Graduate Member.

B.1.28.4 CHECKING ENGINEER

The Checking Engineer:

Shall not have been directly involved in the design or planning of the work to be checked.

May be a member of the design firm or a member of an independent firm.

Shall be eligible for membership of the Institute of Engineers, Australia (or equivalent).

Shall have:

o A minimum of 10 years practical experience in structural engineering for major or complex projects; or

o A minimum of 5 years practical experience in structural engineering for minor projects of not more than 2 storeys in height.

Shall have been actively engaged in structural engineering design of buildings during the preceding 3 years.

Shall have worked with Australian design codes and regulations, current at the time, for the preceding 12 months.



B.1.28.5 CERTIFICATION Design drawings shall be signed as approved by the Design Engineer and the Checking Engineer. The Principal of the design firm shall sign and submit to the Principal’s Representative, a letter naming the Design and Checking Engineers engaged in the work and listing against their names, or by other acceptable means, the qualifications and experience they possess relative to the requirements listed in paragraphs above. B.1.28.6 RECORDING OF DESIGN LOADS Structural loading codes relevant to a project shall be listed on at least one sheet of the structural drawings. The Australian Standard Code number, year of Code issue and Code amendment number (if applicable) shall be recorded for all LOADING CODES used in the design. If an Australian Standard loading code has not been issued for a particular type of loading and an alternative standard (such as a British or New Zealand Standard) is not mandatory the design and checking engineers shall agree an appropriate load value.

Where design loads are used which are not sourced from Australian Standards, they shall be included with the information required by the following paragraphs.

In addition to listing the loading codes, the following specific design information shall be recorded on the structural drawings:

Live Loads

DESIGN LIVE LOADS for all suspended floors (including walkways and mezzanines) AND for roof structures and canopies, which, because of their accessibility or materials of construction, could be expected to carry higher live loads than normal roofs.

Wind Loads

WIND REGION

TERRAIN CATEGORY

SHIELDING MULTIPLIER

TOPOGRAPHIC MULTIPLIER

STRUCTURE IMPORTANCE MULTIPLIER

Where different terrain categories or multipliers have been assumed in the design, depending on wind direction, each of the different combinations of terrain category and multipliers used shall be noted together with the wind direction(s) to which they apply.

Earthquake Loads

STRUCTURE TYPE (or types where more than one exists in the project). ACCELERATION COEFFICIENT SITE FACTOR



Soil Bearing Pressures

The maximum safe working or ultimate soil bearing pressures (state which) used in footing design.

If different footings have been designed using different bearing pressures, the design bearing pressure for each footing type or size shall be recorded.

Site Classification

The SITE CLASSIFICATION is to be in accordance with AS 2870 “Residential Slabs and Footings”.

If the classification varies across the site, the extent of each soil class shall be shown or noted on an appropriate structural drawing.

The following is an example of the above requirements.

(Say information included on drawing S1, General Notes, in this example).

DESIGN INFORMATION

Dead and Live loads AS 1170.1-1989

Live load - Block A, mezzanine 5 kPa

Live load - Block B concrete roof (non trafficable) 1.5 kPa.

Wind loads AS 1170.2-1989-Amdt. 3

Wind region A Wind from north-east and south-east Terrain category 2 Shielding multiplier 1 Topographic multiplier 1 Importance multiplier 1 Wind from north-west and south-west Terrain category 3 Shielding multiplier 0.9 Topographic multiplier 1 Importance multiplier 1

Earthquake loads AS 1170.4-1993-Amdt. 1 Structure type II Acceleration coefficient 0.14 Site factor 1.25 Soil bearing pressures All footings (safe working bearing pressure). 3 kPa Site classification M (End of example)

The information required here is to GUIDE future planning where: an existing structural design is being considered for use in a new location;



an existing project is to be altered or additions are to be made; changes to building or room occupancies require an evaluation of floor load capacities;

or cost estimates for a new building in a similar location are to be prepared.

The inclusion of the above information on a structural drawing shall NOT relieve future users of such information of their responsibilities under their conditions of engagement.



B.2 SCHEDULE OF DELIVERABLES

Project Title: ...................................................................................................................................................................................................................................... Project No: ..................................................................................

Consultant’s Name: ...................................................................................................... Schedule Update No: ............ Attached To Progress Fee Claim No: ................................................ Notes: 1. Refer to Request clause — Schedule of Deliverables 2. The Consultant is responsible for maintaining and completing Columns 1 to 7 of this Schedule. 3. Column 8 is for use by the Principal’s Representative only.

1

Phase

2

Consultant Deliverables

3

Qty

4

To Be Submitted To:

5

Comments

6 Date

Submitted

7 Status

Complete (%)

8 Principal’s Rep.

Confirmation

At commencement of commission

Consultant Probity Declaration 1 BMW Project Manager

Obtain form from BMW Project Manager

Brief Preparation

Evidence of Consultant Insurances As req. Principal’s Rep.

Final Project Brief & Report as detailed within Part B

2 sets Principal’s Rep. & Customer’s Rep.

Schematic Design

Schematic Plans and Report, as detailed within Part B


Confirmation that schematic plans have been signed off by the Customer.

1 set Principal’s Rep.

Design Development

Design Development Report, as detailed within Part B


Confirmation that design development plans have been signed off by the Customer.

1 Set Principal’s Rep

Contract Documentation

Tender Estimate Report, as detailed within Part B

2 sets Principal’s Rep.



1

Phase

2


3

Qty

4

To Be Submitted To:

5

Comments

6 Date

Submitted

7 Status

Complete (%)


Confirmation

Written confirmation that an independent structural design check has been carried out


Building permit documentation,

including all drawings, specification, Certificate of Design Compliance, associated technical certification etc

1 set Principal’s Rep. All design documentation and certification required to apply for building permit in accordance with the Building Act 2011, BMW Permit Authority and Building Commission requirements.

Contractors Prequalification


Hard Copy of Tender Documents- Specifications & Drawings & Schedules

As nom. 2 Sets 1 Set

BMW Tendering Services Principal’s Leasing Consultant

For landlord’s approval of the tenants fitout plans

Computer CADD documentation discs including a copy of the Specification and Bill of Quantities where the Bill of Quantities is included Drawing List (all disciplines)

1 Set 1 Set

BMW Building Records Manager BMW Building Records Manager

Refer to the BMW CADD Documentation Procedures Manual or detailed requirements and submit copy of transmittal to Principal’s Rep.

Tender

Tender Enquiries Log 1 Set Principal’s Rep.

Tender Recommendation & Reconciliation Principal Identified Hazards

1 Set

1 Set

Principal’s Rep. Principal’s Rep.



1

Phase

2


3

Qty

4

To Be Submitted To:

5

Comments

6 Date

Submitted

7 Status

Complete (%)


Confirmation

Contract Administration

Site Meeting Minutes As req. Principal’s Rep.

Occupational Safety and Health Report 2 sets Principal’s Rep. and Contractor

Prior to the Contractor commencing work on site

Updated Occupational Safety and Health Report

As req. Principal’s Rep. and Contractor

Required only if the OSH Report is updated during the construction phase.

Contract Administration Report as detailed within Part B of this Request

As req.

Principal’s Rep.

AS2124 requirements, including: As req. Principal’s Rep. Construction Program/s Progress Payment Certificates

with Schedule of Variations Original Statutory

Declarations

Variations Authorisations relating to

retention/security.

Practical Completion Certificate/s

Final Certificate

Security Management Plan Pro-forma 1 Principal’s Rep.

Approval of record relating to the testing of all services by the Contractor

1 set Principal’s Rep. Before a Certificate of Practical Completion is issued

Occupancy permit documentation,

including Certificate of Construction Compliance and associated technical certification

1 set Principal’s Rep. All documentation certification required to apply for occupancy permit, in accordance with the Building Act 2011 and Building



1

Phase

2


3

Qty

4

To Be Submitted To:

5

Comments

6 Date

Submitted

7 Status

Complete (%)


Confirmation

Commission requirements Fitout and Refurbishment Form Principal’s Rep. Handover Meeting (with Principal’s

Rep) Minutes As req. Principal’s Rep.

Handover Meeting (with FM Contractor/Regional Manager) Minutes

As req. Principal’s Rep.

Computer CADD “As Constructed”

disks plus BIM (Building Information Modelling) if applicable

1 set BMW Building Records Manager

Refer to the BMW CADD Documentation Procedures Manual or detailed requirements and submit copy of transmittal to Principal’s Rep.

Handover/Operational Manuals As nom. Occupiers/ Principal’s Rep.

All projects require 2 handover Manuals in PDF format on disk to Principal’s Representative. Provide Operational Manuals to Facility owner.

Post Occupancy Training Session as detailed within Part B.

As nom. Occupiers/ Principal’s rep

Within three months of issue of a Certificate of Practical Completion. Possible performance upgrades to be provided in writing.

Consultant to provide a quarterly report from each subconsultant’s data recording

As nom Occupiers/ Principal’s Rep.

Data for the energy use of offices is only required for a period of one year.

Building Tuning Report showing the outcomes of the tuning process

As nom Occupiers / Design Team/ Principal’s Rep.

Any discrepancies detailed and remediation measures recommended.

Final Completion Report, as detailed within Part B 4

2 sets Principal’s Rep.



1

Phase

2


3

Qty

4

To Be Submitted To:

5

Comments

6 Date

Submitted

7 Status

Complete (%)


Confirmation

Post Commissioning Optimisation

Post Commissioning Optimisation Report, as detailed within Part B of the Request for Proposal.

As req. Occupiers/ Principal’s Rep.

General Project Control Group Meeting Minutes As req.

Copies of all documents and contract management records required as a Deliverable and itemised confirmation of transmittal of those documents and records from the Consultant to the Principal

1 set Principal’s Rep To be provided with the Final Certificate

Confirmation in writing that all documents and contract records not provided to the Principal as a Deliverable have been retained by the Consultant as required by the Contract

1 set Principal’s Rep To be provided with the Final Certificate

I certify that the deliverables indicated have been provided and the statuses complete are correct

Consultant’s Representative: ..................................................................................... .................................................................................... ..................................................................................... (Name) (Signature) (Date)

Interior Fitout Consultancy Services Panel 2015 V6 1 April 2019 of 123 TRIM: 00909022

B.3 BUILDING EQUIPMENT MAINTENANCE / REPLACEMENT SCHEDULE

1. Schedule of Mechanical, Electrical, Electronic and Security equipment incorporated in this project.

Item of Equipment Capital Value($)

Practical Completion

Date

Projected Life

(Years)

Recommended Replacement

Date 1.

2.

3.

4.

5.

6.

7.

8.

9.

2. Preventative Maintenance Schedule.

Recommended Preventative Maintenance Item of Equipment Weekly

Action Cost ($)

Monthly Action

Cost($)

Quarterly Action

Cost($)

Annual Action

Cost ($)

1.

2.

3.

4.

5.

6.

7.

8.

9.

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

Signature of Authorised Officer: ............................................................... ..................................................................................... (SIGNATURE) (NAME IN BLOCK LETTERS)


Yes

Yes

Unsure

Yes

NoNo

Yes

Yes

Yes

No

Yes

No

Review

Yes

Yes

No

No

No

No

Can issue be handled at site eg pick up broken pieces

Issue resolved?

No Further Action

Issue resolved?

Implement actions req. from expert assessment

Refer to Safety & Health Committee

Issue resolved

Advise Safety & Health Rep & affected persons of outcomes

Will/was airborne fibre generated?

Is material known to contain asbestos?

Arrange testing and risk assessment

Clean area as required

Is register available?

Arrange testing

Engage expert to assess situation

Sect/dept head To appoint coordinator

Prepare “facts” of situation & technical report

Advise person concerned that expert engaged to assess

Do other depts. need involvement

Expert to meet with person or group and other Depts if req.

Does register provide info?

Expert(s) to conduct risk assessment

Minister or Dept Head notified

Engage media liaison to prepare statement

Release technical report and media release

Expert and Coord. to meet with person or group

Coord. to prepare briefing paper

Media liaison to prepare statement for release

Issue Resolved?

Inspector to issue notice as required or take no action

Issue Resolved

Refer matter to Worksafe or Health Dept for resolution

Matter to industrial relations

resolution protocols

Contact Safety & Health Rep (if workplace), building super or asbestos consultant

Stop task, remove people and isolate area

Issues about asbestos raised

Yes

No

B.4 ASBESTOS INCIDENT FLOWCHART

Source: WoG Management of Asbestos


B. 5 SAMPLE ANNEXURE (FOR BMW DIRECT ENGAGEMENT) Sample copy of the Annexure to the Australian Standard AS4122 – 2010 General Conditions for Consultants

Item

Item 1 (clause1.1)

The Client is: The Minister for Works

Item 2 (clause 1.1)

The Consultant is:

Item 3 (clause 1.1)

The Contract Documents are:

1. The General Conditions of Contract;

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

Building and Construction Industry in Western Australia;

5. The Invitation for Proposal; 6. Letter of Acceptance 7. The Annexure to the General

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

correspondence issued to the Consultant by the Principal; and

11.

Item 4 (clause 1.1)

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

Item 5 (clause 5.1)

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

GUIDENOTES

Insert other relevant Documents forming this Contract.

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

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


Item 6 (clause 6.1)

The Client’s representative is:

Item 7 (clause 6.2)

The Consultant’s representative is:

Item 8 (clause 10.1)

Claims for payment must be made on the following basis:

Lump sum: $………………………. And/or

Percentage…………….% of…………… And/or

Hourly Rates Yes No

(Strike through as appropriate)

GST Inclusive Yes No

(Strike through as appropriate)

Role / Task: Rate $/per

- Percentage for Art

Stage / Task $ / % of Fee


Disbursements for which the Consultant may claim payment:

The lump sum amount is inclusive of all disbursements. See Clause A.6.3.1

Item 10 Time to claim payment is

GUIDENOTES

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

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

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

Specify whether the basis is inclusive or exclusive of GST.

If rates apply, specify rates and intervals.

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

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


(clause 10.3)

not later than:


Time for payment is no later than:

30 calendar days


The rate of interest for overdue payment is:

6.00% per annum.


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

Alternative 1: Date:

Alternative 2: Under the program attached.

Alternative 2: see attached program.

Item 14 (clause 12.3(c))

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

Not Applicable.


The Approvals to be obtained by the Consultant are:

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

Item 16 (clause 18)

They Key personnel are:


Existing conflicts of interest:

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

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

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



Copyright and other Intellectual Property Rights, the Alternative is:

Alternative 2

Item 19 (clause 21.3 alternative 2)

List of excluded Intellectual Property Rights:

None

Item 20 (clause 21.4 alternative 2)

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

None


Does clause 22 (Moral Rights) apply?

Yes / No If Yes, the author is:


The following Documents are confidential:

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


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

The Clients right to suspend the Services is unlimited


The Consultant’s Liability is limited to:

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


The amount of public liability insurance is:

$5 Million


The amount of professional indemnity insurance is:

$5 Million


The professional indemnity insurance must be maintained for the following period

6 years


The Client must effect the following insurances and

None

GUIDENOTES

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

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


maintain them for the following periods:


The address for service of notices is:

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

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

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

Item 30 (clause 35)

The law governing this Contract is:

The law of Western Australia.

Item 31

Has this Contract been amended from its original form?

Yes. Refer to Schedule 1 of the Request, setting out clauses that have been deleted, amended or added to the standard form of the AS 4122 – 2010 by this contract.

GUIDENOTES

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

PART C RESPONDENT TO COMPLETE AND RETURN THIS PART PART C


PART C - RESPONDENT'S OFFER

C.1 NOTE TO RESPONDENT.

Part C should be completed by the Respondent and returned to BMW in a separate sealed envelope in accordance with Submission of Offer Clause Part A.1.2. In preparing its Offer, the Respondent must: (a) address each requirement in the form set out in this Part C;

(b) take into account the Contract requirements, as explained in the Request Conditions and General Conditions of Contract;

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

(d) Identify any information provided in the Offer that the Respondent wishes to be kept as confidential.

C.2 IDENTITY OF RESPONDENT

The Respondent must provide the following details:

Name of Legal Entity

Name of Trust (if applicable)

ACN (if a company)

Business Name

ABN

Registered address or address of principal place of business

Website

Number of years the Respondent’s Firm has been operating

Contact Person

Contact Person Position Title

Email

Telephone

Facsimile

Address for service of contractual notices



C.3 CORPORATE STATUS: The Respondent must provide details of its corporate status by ticking one of the boxes below and providing the necessary supporting information.

Sole trader

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

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

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

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

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

Other (Attach details)

C.4 ACCESS TO PANEL BY THIRD PARTIES The Respondent must nominate whether it agrees to provide Services under this Panel to third parties in addition to the Principal in accordance with Clause A.6.2 by ticking one of the boxes below. OPTION 1:

I/We accept to provide Services to third parties pursuant to Part A Clause A.6.2 in addition to the Principal and agree to accept the terms and conditions of any variation to the Panel Arrangement by the Principal in relation to the same.

OPTION 2: I/We do NOT agree to provide Services to third parties and only agree to be engaged by the Principal directly pursuant to the terms and conditions of the Panel Arrangement.

C.5 REGISTRATION AS A REGIONAL BUSINESS The Respondent must nominate whether it operates from a regional premises by ticking one of the boxes below, and providing the necessary supporting information.

the Respondent operates from regional premises (full details of regional premises must be provided in accordance with clause A.6.5); or

the Respondent does not operate from regional premises



C.6 COLLABORATIVE ARRANGEMENTS (OPTIONAL)

The Respondent may identify firms in the following table that it is prepared to work in a collaborative arrangement with in accordance with clause A.6.4.

Name of Firm Extent of Previous Collaboration

(extend list as required)

Outline the nature of these arrangements detailing, but not limited to the following:

(a) Basis of agreement (b) Management framework (c) Key responsibilities of each party (d) Dispute resolution procedures

C.7 PREQUALIFICATION REQUIREMENTS

To be eligible for consideration, the Respondent, the director, partner, manager, or other person responsible for the Service must meet the following Prequalification Requirements: hold a recognised educational qualification in design; have five (5) years in the field of interior design and/or architecture; and eligible for full membership of the Design Institute of Australia or Australian Institute of

Architects.

RESPONDENT TO COMPLETE:

Names & positions of persons responsible for the Service

Provide details of relevant qualifications, registrations, memberships, accreditation etc



C.8 QUALITATIVE CRITERIA The Respondent must address each of the Qualitative Criteria. Whilst experience in delivering workplace design and office fitout projects for the State Government in Western Australia is preferable, Respondents may cite examples of local government or non-government workplace design and office fitout projects it has undertaken that are equivalent in scale, significance and/or complexity. Such examples should be supported by details to demonstrate this equivalency.

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

Respondents must demonstrate their ability against each criterion to be considered for inclusion in the Panel. C.8.1 CRITERION #1 - EXPERTISE OF KEY PERSONNEL (35%) The Respondent must provide details of:

a. the personnel it wishes to nominate as part of its Offer, listed in the table below;

b. for each of the key personnel, a one-page Curriculum Vitae that:

i. demonstrates their skills, knowledge and experience related to the required Services described in Part B.1 of this Request;

ii. may include experience gained while employed by or contracted to other firms.

Key Personnel

No. Name Current Position/Title with Respondent’s Firm

Years with the Respondent’s Firm

Years of Experience

1

2

3

4

5

6

(extend table as required)



C.8.2 CRITERION #2 – TRACK RECORD OF THE FIRM (35%)

The Respondent must provide (in no more than five pages, illustrated with use of photos, pictures and words) details of relevant projects undertaken by the Respondent and their outcomes in the last five years, including:

a. a description of the projects, including their construction cost, the size in square metres, date of completion and key personnel involved and their roles;

b. the methodology adopted by the Respondent for the project providing evidence of considered design thinking and innovative responses to workplace design requirements, time, budget, site, stakeholder or other constraints; and

c. evidence of successful outcomes in terms of functionality, sustainability, timeliness, adherence to budgets, stakeholder satisfaction and innovative workplace design solutions that maximise organisational benefits and performance.

Project experience gained by individuals while employed in other firms should not be provided for in this criterion.

The Respondent must provide a minimum of two (2) referees in respect of the projects referred to in its Offer by providing information in the following table.

Referee Name Company Name & Position in the company

Contact Phone No and email

Project

C.8.3 CRITERION #3 – PROCESSES IN PLACE TO ENSURE EXCELLENCE

IN DESIGN, DOCUMENTATION AND CONTRACT ADMINISTRATION (20%)

The Respondent must provide details of:

a. the Respondent’s organisational structure with a brief description of the key roles of senior staff within the firm available for this panel arrangement;

b. the processes it has in place to ensure excellence in design, documentation and contract administration; and

c. the controls to ensure these processes are adhered to appropriately.



C.8.4 CRITERION #4 – UNDERSTANDING OF GOVERNMENT PROCESSES AND REQUIREMENTS (10%)

The Respondent must provide (in no more than two pages) details to demonstrate its understanding of working in a government environment, including details of:

a. the types of projects covered;

b. the normal priority issues that need to be addressed;

c. key risks and risk mitigation strategies;

d. stakeholders;

e. relevant policies, guidelines and initiatives including but not limited to Buy Local, Government Office Accommodation Policies and Standards, Government Procurement and the Strategic Asset Management Framework; and

f. sustainability provisions in building projects, including compliance with Part J of the National Construction Code and details of your firm’s experience in Green Building Council of Australian Green Star certified and uncertified projects, and number of Green Star Accredited Professionals.

C.9 COMPLIANCE AND DISCLOSURE REQUIREMENTS The Principal, in its assessment, will also consider the extent to which the Offer satisfies the following Compliance and Disclosure Requirements. The Principal reserves the right to reject any Offer that does not properly address any of the Compliance and Disclosure Requirements and suspend any Panel member that does not demonstrate an ongoing compliance to the Compliance and Disclosure Requirements.

(a) Compliance

(i) Request Conditions

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

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

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

iii. the reason for non-compliance.


Does the Respondent agree to the Request conditions?

(Yes / No)

If no, provide details.



(b) Disclosures

(i) Participants (including subcontractors)


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

(Yes / No)

If yes, provide details.

AND

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

(Yes / No)


AND

Has the Respondent engaged, or does the Respondent intend to engage, another person or persons as a subcontractor in connection with the provision of the Interior fitout services.

(Yes / No)


(ii) Criminal Convictions

The Respondent must confirm that neither the Respondent nor any person included in the Specified Personnel has any current criminal convictions for any offences from any court, or currently the subject of any charge pending before any court.


Does the Respondent have any current criminal convictions for any offences from any court, or currently the subject of any charge pending before any court?

(Yes / No) If yes, provide details.

(iii) Conflict of Interest

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


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

(Yes / No)

If yes, the reasons why.



C.10 INSURANCE REQUIREMENTS


Does the Respondent have the insurance required under Part A.8?

(Yes / No)

If yes, the Respondent must complete the following table:

Insurer ABN Policy No Insured Amount

Expiry Date

Exclusions, if any

On Site Public Liability Insurance

Professional Indemnity

Workers’ Compensation including common law liability of $50m

OR

If no, does the Respondent confirm that if it is appointed to the Interior Fitout and Workplace Design Consultancy Services Panel, then it will obtain the insurance policies specified prior to engagement for specific project work?

(Yes / No)

If no, the reasons why.

The Respondent must forward its current certificates of insurance with this Offer to the Principal and must ensure that the Principal is provided with up to date insurance Certificates of Currency at all times.

The Principal reserves the right to suspend any firm on the Panel if the insurance details provided fall out of date or cease to be applicable for any reason.



C.11 NATSPEC REQUIREMENTS


Does the Respondent subscribe to the NATSPEC Building Professional Package required under Part B.1.6.1?

(Yes / No)

If yes, NATSPEC subscription number:_______________

OR

If no, does the Respondent confirm that if it is appointed to the Interior Fitout and Workplace Design Consultancy Services Pane, then it will subscribe to the NATSPEC Building Professional Package prior to engagement for specific project?

(Yes / No)

If no, the reasons why.



C.12 RECIPIENT CREATED TAX INVOICE AGREEMENT

(REQUIRED FOR PACMAN USE ONLY)

This Agreement is submitted in relation to any contracts derived from the Interior Fitout and Workplace Design Consultancy Services Panel No: 2014/07997.

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

__________________________________________________________________________ (ENTER THE FULL NAME OF THE CONSULTANT)

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

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

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

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

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

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

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

Name of Consultant: ______________________________________________________________________________ (IN BLOCK LETTERS)

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

Signature: __________________________________________________

Full Name: __________________________________________________ (IN BLOCK LETTERS)

Position with Consultant: __________________________________________________ (IN BLOCK LETTERS)

Date: __________________________________________________



C.13 CLAIM FOR REGISTRATION FOR ABORIGINAL ENTERPRISE AND EMPLOYMENT TENDERING PREFERENCE

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

Is the Respondent: (PLEASE TICK APPROPRIATE BOX)

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

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

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

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

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

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

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

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

This Claim for Registration for Indigenous Enterprise and Employment Tendering Preference is signed by a person authorised to do so on behalf of the Respondent in respect to the submitted Request Number 2014/007997 for membership of the Interior Fitout and Workplace Design Consultancy Services Panel 2015.

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



C.14 CONFIRMATION OF ATTACHMENTS Please confirm the contents of your Offer by ticking the boxes below:

IDENTITY OF RESPONDENT

CORPORATE STATUS

ACCESS TO PANEL BY THIRD PARTIES

REGISTRATION AS A REGIONAL BUSINESS

COLLABORATIVE ARANGEMENTS

PREQUALIFICATION REQUIREMENTS

QUALITATIVE CRITERIA

COMPLIANCE AND DISCLOSURE REQUIREMENTS

INSURANCE REQUIREMENTS

NATSPEC REQUIREMENTS

RECIPIENT CREATED TAX INVOICE

CLAIM FOR REGISTRATION FOR ABORIGINAL ENTERPRISE & EMPLOYMENT TENDERING PREFERENCE



C.15 RESPONDENT’S CERTIFICATION OF THE OFFER In reply to the Request for the Interior Fitout and Workplace Design Consultancy Services Panel I/we offer to perform the work under the contract in accordance with the Part A - REQUEST and subject to the terms and conditions contained in the General Conditions of Contract and Annexure. This completed form and the schedules nominated under Parts C and Part D together will comprise the Respondent's Offer.

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

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

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

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

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

PART D RESPONDENT TO COMPLETE AND RETURN THIS PART PART D


PART D - RESPONDENT'S OFFER – SUBMITTED SCHEDULE OF FEES

NAME OF

RESPONDENT

Part D should be completed by the Respondent and returned to BMW in a separate sealed envelope in accordance with Clause Part A.1.2 Submission of Offer. Respondents shall submit their prices by completing the following tables: PERCENTAGE OF FEEABLE VALUE BASIS (D.1) The Respondent must complete the table at Part D.1 on the following page by providing the percentage of the feeable value for each value range for both conventional and complex projects. The percentage tendered will be applied to the Feeable Value and the amount that is calculated as a result shall be paid (subject to approval) inclusive of GST.

The percentage fee is based on the Feeable Value of the project in question and percentage fees are submitted. Respondents are to complete Part D.1 to identify the percentages against each value category (Project Feeable Value) for both conventional and complex projects. Feeable Value is defined at Clause D.1.

The percentage fee shall include:

All Services required to undertake the project. Engagement and management of subconsultants (subject to prior Principal approval) Site visits within 80km of the Panel Members office (both travel and time requirements) Preparation of reports. FEEABLE VALUE - DEFINITION For each project under the Panel, there will be an estimated feeable value. "Feeable Value" is defined as the Perth based Estimated Total Cost (ETC), GST exclusive, less all fees and disbursements, specific items of equipment or works that are not the direct responsibility of the Consultant. The percentage fee is GST exclusive. For further details see Clause A.6.3.1. HOURLY RATES FEE BASIS (D.2)

The Respondent must complete the table at Part D.2 by providing their firm’s hourly rates for key positions likely to be engaged by BMW. The Respondent must incorporate all costs of providing the Services under Part B – Specification. For further details see Clause A.6.3.2.



D.1 PERCENTAGE FEEABLE VALUE

CONVENTIONAL PROJECTS

COMPLEX PROJECTS

Project Feeable Value excl. GST ($)

Percentage of Feeable Value

(%)

(GST Excl.)

Percentage of Feeable Value

(%)

(GST Excl.)

0 – 50,000

50,001 – 100,000

100,001 – 200,000

200,001 – 300,000

300,001 – 400,000

400,001 – 500,000

500,001 – 600,000

600,001 – 700,000

700,001 – 800,000

800,001 – 900,000

900,001 – 1,000,000

1,000,001 – 2,000,000

2,000,001 – 3,000,000

3,000,001 – 4,000,000

4,000,001 – 5,000,000

5,000,001 – 6,000,000

6,000,001 – 7,000,000

7,000,001 – 8,000,000

8,000,001 – 9,000,000

9,000,001 – 10,000,000



D.2 SUBMITTED HOURLY RATES SCHEDULE

NAME OF RESPONDENT

The Respondent is invited to submit its firm’s hourly rates. The template below can be amended to reflect the appropriate breakdown of costs.

$/Hour (GST Exclusive)

GST (@ 10%)

$/Hour (GST Inclusive)

Partner / Director

Associate

Senior Architect/Designer

Architectural Graduates/Junior Designer

Draftsperson

Contract Administrator (performing role of Superintendent’s Representative)


SCHEDULE 1 – WA GOVERNMENT AMENDMENTS TO AS 4122 - 2010 The following clauses have been amended and differ from the corresponding clauses in AS 4122-2010

CLAUSE 1 DEFINITIONS AND INTERPRETATION

SUBCLAUSE 1.1 - DEFINITIONS

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

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

SUBCLAUSE 1.1 – DEFINITIONS

Insert the following new definition:

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


Default includes, but is not limited to:-

(a) an Insolvency Event;

(b) wrongful suspension of work;

(c) failing to provide evidence of insurance;

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

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

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

(g) subject to Clause 12.2:

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

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

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

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

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

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

(a) fire (other than fire caused by the affected party), flood, a

category 3 or above tropical cyclone (as defined by the Australian Bureau of Meteorology) affecting the area where the Services are being performed, earthquake, tsunami or explosion;


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

(c) act of God;

(d) impact of vehicles or aircraft; or

(e) epidemic or pandemic,

but does not include:

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

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

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

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

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

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

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

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

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


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



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


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


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

_________

CLAUSE 4 STANDARD OF CARE

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

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

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

_____________

CLAUSE 5 SCOPE

SUBCLAUSE 5.4

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

an extension of

SUBCLAUSE 5.5

Insert the following new subclause 5.5

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


_____________

CLAUSE 7 INFORMATION

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

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

When requested by the Consultant, the


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

_____________

CLAUSE 8 DIRECTIONS


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

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

CLAUSE 9 VARIATIONS

SUBCLAUSE 9.2

Delete subclause 9.2 and in lieu thereof insert the following:

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

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


claim, whether for payment, adjustment to the Fee or the time for completing the Services or otherwise, in respect of that work.

SUBCLAUSE 9.4

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

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

_____________

CLAUSE 10 PAYMENT

SUBCLAUSE 10.4


10.4 The payment claim must:

(a) in respect of the Services:

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

(ii) separately identify each Variation;

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

Contract including a payment stated in Item 20; and

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

(b) in respect of disbursements:

(i) identify each disbursement claimed;

(ii) state the amount of the disbursement claimed;

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

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

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

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


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

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

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

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

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

SUBCLAUSE 10.11

Insert the following new subclause 10.11:

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

___________

CLAUSE 12 TIME

SUBCLAUSE 12.1

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

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

SUBCLAUSE 12.1A

Insert the following new subclause 12.1A after subclause 12.1:

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

SUBCLAUSE 12.2

Delete subclause 12.2(b) "a Force Majeure"

SUBCLAUSE 12.2

Delete the following:


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

And in lieu thereof, insert the following:

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

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

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

(g) the Consultant has taken all reasonable steps to minimise the delay and no reprogramming or alteration of the sequence of activities or other method could avoid the delay.

SUBCLAUSE 12.3

Immediately after the words “must pay the Consultant’s reasonable” insert the following:

and necessary

SUBCLAUSE 12.4


12.4 The Consultant’s entitlement to an extension of time under Clause 12.2 will be reduced to the extent that the delay has been caused or contributed to by:

(a) an act or omission of the Consultant or its employees, agents, subconsultants or subcontractors; or

(b) any cause of delay which is not set out in Clause 12.2.

SUBCLAUSE 12.5


12.5 Where Item 13 provides for a program to be provided by the Consultant for the purposes of Clause 12.1, then:

(a) The program shall be in a form appropriate to the project and acceptable to the Client and should:

(i) set out a program for the delivery of the Services to meet the completion date or dates stated in the Annexure;

(ii) indicate the interdependencies of each component part of the Services;

(iii) allow appropriate periods for the review by the Client of Documents to be produced by the Consultant;


(iv) clearly indicate any allowances made in the program for delays to the provision of the Services or any component parts of the Services outside the Consultant’s control; and

(v) include a separate time line for each discrete component of the Services and a completion date for each of those components.

(b) During the Contract, the Consultant shall progressively make the necessary adjustments to the program to ensure each stated completion date is achieved. If the Consultant at any time believes that the Consultant may be unable to meet a completion date for any reason, the Consultant shall notify the Client in writing and state the remedial action necessary to achieve the completion date.

(c) If the Client considers that the Consultant may not meet a completion date, it may notify the Consultant and require the Consultant to notify within a reasonable time specified in the notice what remedial action (if any) the Consultant proposes to take to ensure that the relevant completion date is met.

(d) The Consultant shall submit reports to the Principal in an agreed format and at agreed intervals as to the progress of the Services. The consultant shall attend progress review and co-ordination meetings in accordance with the requirements of the Principal and at a location specified by the client and shall attend any other meetings which are desirable to ensure the proper and effective provision of the Services by the Consultant.

(e) The Client may direct the Consultant to deviate from the current program provided by the Consultant. The Consultant shall be entitled to recover any extra costs and expenses incurred by it as a consequence of any deviation directed by the Principal under Clause 15.1 only if the deviation is required for the convenience of the Principal or the deviation is due to a cause outside the reasonable control of the Consultant.

_____________

CLAUSE 13 LAW AND APPROVALS

SUBCLAUSE 13.3


13.3 If there is a new Legislative Requirement or Approval, or a change in a Legislative Requirement or Approval which:

(a) occurs after agreement of the Fee;

(b) the consultant is bound to comply with or obtain;

(c) causes the Consultant to incur more or less cost or time than otherwise would have been incurred or expended (other than the costs of any fines or penalties); and


(d) could not have been reasonably anticipated by the Consultant prior to the date of the Contract,

then, provided the Consultant has taken all reasonable steps to mitigate and minimise all costs and expenses, or any delay in the delivery of the Services, the difference in cost will be valued as a Variation and an extension of time may be granted in accordance with clause 12.

_____________

CLAUSE 15 REVIEW AND ACCEPTANCE

SUBCLAUSE 15.2

Delete the entire subclause and in lieu thereof insert the following:

15.2 The Consultant remains responsible for the Services despite any:

(a) review or acceptance of any of the Services or the Deliverables by the Client;

(b) Directions (other than any Directions which are either wrongful or negligent) given by the Client in respect of the Services, the Deliverables or the performance of the Consultant’s obligations under the Contract; or

(c) failure by the Client to review or accept any of the Services or Deliverables.

_____________

CLAUSE 16 ADVERSE EVENT

After the first paragraph, insert the following paragraph:

The Consultant acknowledges and agrees that, except where expressly provided in the Contract, the Consultant will not be entitled to any extension of time, payment for costs incurred or other relief with respect to any matter or circumstances the subject of clause 16.

_____________

CLAUSE 18 KEY PERSONNEL

Delete the words “is not available due to circumstances beyond the reasonable control of the Consultant” and in lieu thereof insert the following:

(a) resigns from employment or terminates their employment or independent contract with the Consultant;

(b) dies;

(c) commits a breach of any express or implied term of their employment contract or independent contract and is terminated as a result; or

(d) is otherwise incapable of continuing to perform duties in respect of the Services due to illness,


_____________

CLAUSE 20 SUBCONTRACTING AND ASSIGNMENT

SUBCLAUSE 20.3

Delete the words “(which must not be unreasonably withheld or delayed)” and in lieu thereof insert the following:

which:

(a) must not be unreasonably withheld or delayed; and

(b) may be conditional upon such reasonable conditions as the Client may impose, including that the Consultant obtain from a subcontractor or subconsultant the corresponding Intellectual Property Rights granted to or vested in the Client pursuant to Clause 21 and appropriate professional indemnity insurance.

SUBCLAUSE 20.5


20.5 For the purposes of Clause 20, transfer or assignment shall be taken to include any material changes to the Consultant where the Consultant, being a partnership, company, consortium or other composite body, undergoes a material change in its structure, shareholding, membership or control which in the opinion of the Principal will affect the manner in which or the ability of the Consultant to perform the Contract.

_____________

CLAUSE 21 COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

SUBCLAUSE 21.4

Immediately after the words “the amount stated in Item 20” insert the following

(or if no amount is stated, no additional amount is payable to the Consultant).

CLAUSE 24 SUSPENSION BY THE CLIENT

SUBCLAUSE 24.2


Unless the suspension has been directed due to the Consultant’s breach of the Contract or breach of any Legislative Requirement or Approval, the Client must pay the Consultant any costs and expenses reasonably incurred by the Consultant as a result of the suspension. The Client will not be liable for payment under this Clause 24.2 unless and until:

(a) the Consultant provides evidence, to the reasonable satisfaction of the Client, of the costs and expenses incurred by the Consultant; and

(b) the Consultant can demonstrate that the Consultant took all reasonable steps to mitigate and minimise any costs and expenses incurred by the Consultant by reason of the suspension.


_____________

CLAUSE 25 SUSPENSION BY THE CONSULTANT

SUBCLAUSE 25.3


25.3 If the Consultant suspends the performance of the Services under Clause 25.1:

(a) the Consultant must recommence the performance of the Services as soon as possible and give prompt notice to the Client of the recommencement of the Services;

(b) except as expressly provided elsewhere in the Contract, the Consultant will not be entitled to claim any additional costs, extension of time or other form of relief in respect of the suspension of the performance of the Services by the Consultant; and

(c) the Client’s payment obligations under the Contract will be suspended during the period of the suspension of the performance of the Services, unless the parties otherwise agree in writing or the payment obligation relates to Services performed prior to the time of suspension.

_____________

CLAUSE 26 TERMINATION WITHOUT CAUSE

In the clause heading, immediately after the word TERMINATION, delete the words WITHOUT CAUSE.

SUBCLAUSE 26.2


26.2 If the Contract is terminated under clause 26.1, the Client must pay to the Consultant:

(a) the applicable portion of the Fee for the Services performed prior to the date of termination;

(b) all disbursements incurred by the Consultant prior to the date of the termination which would have been payable had this Contract not been terminated;

(c) any direct costs reasonably incurred by the Consultant in the expectation of completing the whole of the Services and not included in any payment by the Client; and

(d) all demobilisation costs reasonably incurred by the Consultant (but not including any relocation costs incurred by the Consultant).

The Client is not liable to the Consultant under this clause 26 for any amount greater than the amount that the Client would have paid to the Consultant had this Contract been completely performed.


SUBCLAUSE 26.4


26.4 In the event that this Contract is terminated in accordance with this clause 26, following payment of the amount due to the Consultant under clause 26.2, the Consultant must deliver to the Client all Deliverables and all Documents which, on completion, would be Deliverables.

_____________

CLAUSE 27 TERMINATION DUE TO DEFAULT BY EITHER PARTY

Delete the entire clause and in lieu thereof insert the following:

27.1 If either party commits a Default of this Contract, the other party may give to the party who committed the Default a written notice to remedy the Default. A notice given under this Clause 27.1 must:

(a) state it is a notice given under this clause;

(b) specify the alleged Default with reasonable details;

(c) require the party who committed the Default to remedy the Default; and

(d) specify the date (which must not be less than five Business Days after the notice is served) by which the party who committed the Default must remedy the Default.

27.2 If the recipient of a notice given under Clause 27.1 fails to:

(a) remedy the Default; or

(b) provide an undertaking in writing to the reasonable satisfaction of the party issuing the notice of the steps it intends to take to remedy the Default,

within the time specified in the notice, the other party may, by further written notice:

(c) terminate this Contract; or

(d) if the Default is a failure of the Client to pay the Consultant under Clause 10, the Consultant may suspend performance of the Services until payment is made.

27.3 If the Consultant suspends performance of the Contract pursuant to this clause, the Consultant must promptly lift the suspension after the Client remedies the breach unless the Consultant has terminated the Contract.”


_____________

CLAUSE 28 INDEMNITY

SUBCLAUSE 28.1

Immediately after the words “by the Consultant or negligent or” insert the following:

wilful or

_____________

CLAUSE 29 LIMITATION OF LIABILITY

SUBCLAUSE 29.1

Immediately after the words “the amount specified in Item 24” delete the words “if any.” and in lieu thereof insert the following:

If no amount is specified in Item 24, the liability of the Consultant is not limited.

SUBCLAUSE 29.2


29.2 Any limitation of liability granted under Clause 29.1 does not apply to liability arising from:

(a) personal injury (including psychological injury) or death;

(b) infringement of Intellectual Property Rights;

(c) any breach by the Consultant of Clause 19;

(d) any claims made by a third party in respect of exemplary and punitive damages;

(e) fraudulent, malicious or criminal conduct;

(f) wilful default;

(g) any act or omission with reckless disregard for the consequences; or

(h) any breach of confidence or privacy in connection with the Contract,

of or by the Consultant or its officers, employees, agents, subconsultants and subcontractors.

_____________

CLAUSE 30 INSURANCE

SUBCLAUSE 30.8

Insert the following new subclause 30.8 immediately after subclause 30.7:

30.8 The insurances contemplated by this Clause 30 are primary and not secondary to the indemnities referred to in this Contract. However, the Client is not obliged to make a claim or institute proceedings against any insurer


under the insurance policies before enforcing any of its rights or remedies under the indemnities referred to in the Contract, or generally.

_____________

CLAUSE 31A FORCE MAJEURE

Insert the following new clause 31A:

31A.1 If a Force Majeure occurs:

(a) the party affected by the Force Majeure must give notice to the other party, describing the Force Majeure in reasonable detail;

(b) the Client may, by written notice within 5 Business Days of the notice under clause 31A.1(a), in its absolute discretion and without any obligation to act reasonably, grant an extension of time for completion of the Services;

(c) the party affected by the Force Majeure will be excused from performance and will not be construed to be in default for so long as, and to the extent that:

(i) the party’s failure to perform an obligation under the Contract is due to the Force Majeure,

(ii) the party continues to perform its obligations under the Contract which are not affected by the Force Majeure; and

(iii) the party makes all reasonable efforts to prevent, reduce to a minimum and mitigate the effect of any delay caused by the Force Majeure.

31A.2 If a Force Majeure prevents either party from performing any of its obligations under the Contract, the Client may elect to terminate the Contract by notice in writing to the Consultant and must pay the

Consultant for the Deliverables delivered prior to the date of termination, payment for which was not included on a previous claim for payment, the amount which would have been payable in respect of those Deliverables if the Contract had not been terminated and the Consultant had been entitled to and had made a payment claim on the date of termination. A claim for payment under this Clause 31A.2 must comply with the requirements of Clause 10.

31A.3 The Consultant must take all reasonable steps to mitigate and minimise any costs and expenses incurred, or to be incurred, by the Consultant by reason of the termination.

31A.4 Upon termination and payment of the amount due to the Consultant under Clause 31A.2, the Consultant must deliver to the Client any completed Contract Documents and those other documents commenced which when completed would have formed the Deliverables. The Consultant is not liable in respect of the Deliverables which are incomplete by reason only of the termination.

_____________


CLAUSE 32 DISPUTE RESOLUTION

SUBCLAUSE 32.1


If a dispute or difference between the Consultant and Client arises out of or in connection with the Contract either party shall within seven (7) days of the dispute or difference arising serve the other party with a notice of dispute in writing by certified mail identifying and providing all details of the dispute or difference.

_____________

CLAUSE 33 SERVICE OF NOTICES

SUBCLAUSE 33.2

After reference to clauses 24, 25, 26, 27 and 31, insert the following:

31A

_____________

CLAUSE 35 GOVERNING LAW

Delete the words “and each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in that State or Territory” and insert the following paragraph in lieu thereof:

Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in that State or Territory and courts of appeal from them in respect of any proceedings arising out of or in connection with the Contract. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.

_____________

CLAUSE 37 WARRANTIES

Insert the following new clause 37:

37 The Consultant warrants that:

(a) it has full power and authority to enter into and perform its obligations under the Contract;

(b) the Consultant and all of the Consultant’s personnel, employees, subconsultants and subcontractors are competent and have all the necessary skills, training and qualifications to perform the Services;

(c) it has taken all necessary action to authorise the execution, delivery and performance of the Contract in accordance with its terms; and

(d) the Contract constitutes legal, valid and binding obligations and, subject to any necessary stamping and registration, is enforceable in accordance with its term.


SCHEDULE 2 – USAGE STATISTICS

Quarterly Returns of Commissions Received Interior Fitout and Workplace Design Consultancy Services Panel 2015

Quarter Ending: Jan Apr July Oct 201_

CONSULTANT FIRM_______________________________

Commission Date

Project No.

BMW Project Manager

Project Title Fee Basis (%, hourly rates, %

with adjustment)

Charges for Quarter ($) (GST-excl)


SCHEDULE 3 – FURNITURE QUOTATION/ORDER FORM

STEP 1: REQUEST TO SUPPLIER – FRN2012

TO: (NAME OF THE SUPPLIER and CONTACT NAME)

(Check the appropriate boxes and complete the information for each section below.)

Request for Quote

Order

Order/Quotation Number :

Enter Purchase Order Number Date: dd/mm/yy

Customer: Department of Finance – Building Management and Works

ORDER/QUOTE REQUESTED BY:

BMW Project Manager: Enter BMW Project Managers Name

QUERIES AND RESPONSES TO BE DIRECTED TO

CUSTOMERS REPRESENTATIVE

Name: Insert name of Lead Consultant or nominated representative

Phone: Fax: E‐Mail:

Delivery Address:

Delivery Date:

Furniture Order‐Agency Requirements [Specify Item name/code, desired quantity, Item description, specifications, colours, Item

price,]

Item Code Description Specification/colour/finish etc Quantity Unit Price (ex GST)

OTHER INFORMATION

THE FOLLOWING SHOULD BE INCLUDED IN ALL QUOTATIONS In the event of project delays, furniture may need to be stored past the expected delivery date. To allow for this possibility, please provide the following additional information within the quote:

Is the company able to store furniture past the expected delivery date?; and (if yes) Please indicate the cost per cubic metre (per day and/or week) that will be incurred should

this storage be required.

Should the quote be successful, the Department of Finance (or the nominated representative) will

indicate on the order if storage will be included as an option to the contract. Where a project is delayed and delivery of goods to the premises is unable to take place, the


Department of Finance (or the nominated representative) will provide notification of the delay and the

revised delivery date as soon as practically possible. Where storage is required but is not a part of the contract, the Department of Finance (or a nominated representative) will provide an alternative delivery address.

STEP 2: SUPPLIER ORDER‐QUOTATION CONFIRMATION – FRN2012

Furniture Order‐Supplier Requirements [Specify Availability, Bulk Price‐%Discounted (if applicable), Delivery Date ]

Item Code Finish Delivery Date Discount% Cost (Ex. GST) Total Cost (Inc GST)

OTHER INFORMATION

TO: (AUTHORISED PURCHASER) CC: (NAME OF CUSTOMER / DEPARTMENT)

Quoted prices attached. Negotiated prices attached.

Other details attached: Specify

Name: Supplier Representative Name

Signature: Signature of Rep. Supplier: Name of Supplier

Phone number: Telephone contact no.

Fax number: Facsimile number E‐mail: Email of Supplier Rep.

Interior Fitout & Workplace Design Panel 2015 V6 1 April 2019 TRIM: 00909022

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APPENDIX 1 –FITOUT AND REFURBISHMENT FORM

The Fitout and Refurbishment Form is to be used by government agencies when requesting office fitout or refurbishment. Agencies are encouraged to liaise with the Department of Finance prior to obtaining their delegated authority’s approval. This form should be used in conjunction with the Department of Finance’s Government Office Accommodation Standards for assistance. For any queries, please email [email protected].

Following practical completion of the fitout or refurbishment, the “Completion" columns will be completed by the relevant BMW Project Delivery Manager.

DETAILS

Agency name:

Agency contact name: Title/Position:

Agency contact phone: Email:

BMW contact name: Phone:

GENERAL INFORMATION

Type of request: Click to select Other: (specify)

Approximate cost/budget: $ If over $100 K, do you have Ministerial endorsement?

Click to select

Is there agency funding in place? Click to select

Are these works for an existing or new premises? Click to select

Reason for request? Click to select Other: (specify)

Premises suburb/region: Address:

Total net lettable area: m2

Date the space is available for work to commence? (dd/mm/yyyy) Comment:

Date of required completion? (dd/mm/yyyy) Comment:

Date when the space is required for occupancy? (dd/mm/yyyy) Comment:


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SPACE USAGE AND REQUIREMENTS The proportion of enclosed offices, meeting rooms and support spaces should meet agency operational requirements and the size of the floor plate. Please refer to the Government Office Accommodation (GOA) Standards for more information on the recommended benchmarks. Please note an item can only be located in one section. For example: A storage space can either be included in the support space or the special operational requirement section. If the storage space is deemed special operational requirement, then it should only be include it in the special operational requirement area section. WORKPOINTS

Open Plan Space Proposed Completion

Detail Number Number

Individual workstations

Hot desks

Other (Specify below)

Total

Enclosed Office Space

Proposed Completion GOA Standards

Detail and Justification (if above GOA Standards) Number Area Number Area

Class 2 and above 15-30 m2

Level 9 and Class 1 12-15 m2

Quiet rooms 6 m2


Total

Special Operational Area

Proposed Completion Justification

Number Area Number Area (Specify below)


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Meeting Rooms Proposed Completion GOA

Standards

Justification (if above GOA Standards) Number Area Number Area

4 Person 12 m2 (1:60)

10 Person 24 m2

(1:65)

14-16 Person 36 m2

(1:200)

20 Person 48 m2

(1:224)


Total

Support Space Proposed Completion

Detail Number Area Number Area

Reception

Storage

Utilities/Printer Room

Breakout Space


End of Trip Facilities Proposed Completed GOA Standards Justification (if above GOA Standard)

Secure bike storage 1 per 20 workpoints

Showers 1 per 10 bike storage

Personal Storage/Lockers 1 per 1 bike storage The availability of end of trip facilities will be dependent on existing base building provisions. The GOA Standards are based on Green Star Office V3.


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WORKSPACE DENSITY SUMMARY (BMW Office Use Only)

Total net lettable area (sqm)

Total special operational requirement area (sqm)

Total number of workpoints in general office space (included in open plan and enclosed office space)

Total number of workpoints in special operational requirements area

Workspace density sqm/wp

AGENCY APPROVAL

Name of authorised person:

Position:

Signature:

Date: (dd/mm/yyyy)

DEPARTMENT OF FINANCE APPROVAL (BMW Office Use Only)

Name of compliance assessor: Date: Sign

Name of assigned BMW Project Delivery Manager: Date: Sign

Name of authorised BMW person: Sign

Position: Date:

Name of person providing information at completion of fit-out:

Date: Sign

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