Schedule 10 - Completion Requirements
1.
General
(a)
The purpose of these Completion Requirements is to provide further detail of Project Co's
obligations in respect of Completion. These Completion Requirements are not, however,
an exhaustive list of Project Co's obligations in respect of Completion and do not derogate
from or limit the obligations of Project Co as set out elsewhere in this Agreement.
(b)
Completion of the Works is divided into Technical Completion and Commercial
Acceptance. In addition, after both Technical Completion and Commercial Acceptance
there are a number of Post Completion Tests that will need to be satisfied by Project Co.
2.
Documentation and Preparation for Completion
2.1
Preparation of Technical Completion Documentation
(a)
Project Co must prepare and update the Technical Completion Documentation in
consultation with the Project Director and the State and in accordance with these
Completion Requirements.
(b)
Project Co must submit to the Project Director for review in accordance with the Review
Procedures:
(c)
2.2
(i)
not less than 12 months before the Date for Stage 1 Technical Completion updated
drafts of the Technical Completion Documentation and an updated Functional
Unit Categorisation Table, (which must be consistent with the New Facility as
constructed and the Functional Unit Categorisation Table); and
(ii)
not less than 9 months before the Date for Stage 1 Technical Completion, updated
drafts of the Technical Completion Documentation and the updated Functional
Unit Categorisation Table, (which must be consistent with the New Facility as
constructed and the Functional Unit Categorisation Table); and
(iii)
not less than 6 months prior to the Date for Stage 2 Technical Completion,
updated drafts of the Technical Completion Documentation and the updated
Functional Unit Categorisation Table, (which must be consistent with the New
Facility as constructed and the Functional Unit Categorisation Table) in respect of
the Stage 2 Works.
The Technical Completion Documentation consists of the following;
(i)
the Completion Manual;
(ii)
the Completion Plan; and
(iii)
the Training Plan.
Preparation of Operating Term Documentation
(a)
Project Co must prepare and update as necessary the Operating Term Documentation in
consultation with the Project Director and the Precinct Operator.
(b)
Project Co must prepare in accordance with the Services Specifications and submit to the
Project Director and (when appointed) the Contract Administrator for review in
accordance with the Review Procedures:
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 1
not less than 9 months before the Date for Stage 1 Technical Completion, updated
drafts of the Operating Term Documentation; and
(ii)
not less than 4 months before the Date for Stage 1 Technical Completion, updated
drafts of the Operating Term Documentation.
(c)
Where the Project Director, acting reasonably, forms a view that Project Co will achieve
Technical Completion prior to the Date for Technical Completion, the Project Director
may, in its sole and absolute discretion, bring forward the dates for submission in
paragraph (b) by written notice to Project Co.
(d)
Project Co must comply with the Operating Term Documentation as updated in
accordance with the Services Specifications.
(e)
The Operating Term Documentation consists of the following, as described in the Services
Specifications;
(f)
2.3
(i)
(i)
Policy and Procedures Manual;
(ii)
the Handover Package;
(iii)
Asset Management Plan;
(iv)
Five Year Work Plan;
(v)
Asset Register; and
(vi)
Annual Works Plan.
For the avoidance of doubt, all Operating Term Documentation should be provided in
relation to the New Facility and Corella Place.
Completion Manual
(a)
The purpose of the Completion Manual is to set out in detail all activities that will be
undertaken by Project Co and the Project Co Associates in order to achieve Technical
Completion and Commercial Acceptance for the Stage 1 Facility and Stage 2 Facility (as
applicable) and must be updated as necessary to reflect any changes to the activities
required for Project Co to achieve Stage 1 Technical Completion, Stage 1 Commercial
Acceptance, Stage 2 Technical Completion or Stage 2 Commercial Acceptance (as
applicable).
(b)
Without limiting the generality of paragraph (a), the Completion Manual must include the
following:
(i)
details of all activities Project Co must undertake in order to achieve Technical
Completion and Commercial Acceptance;
(ii)
details of how each of the Technical Completion Criteria and Commercial
Acceptance Criteria will be achieved;
(iii)
details of the procedures and parties involved in achieving each of the Technical
Completion Criteria and Commercial Acceptance Criteria;
(iv)
a documentation procedure for reporting the conduct and outcome of all
Completion Tests which must include the parties present at the Completion Tests
and details of the area systems tested;
(v)
the details of each Completion Test to be carried out by Project Co including a
comprehensive methodology, any staging and details of the systems and parties
involved, the standard to which the Completion Tests are to be carried out and the
aims and outcomes sought in each test;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 2
(c)
2.4
(vi)
a list of all certificates and permits required from all Governmental Agencies
including details of which parties are responsible for obtaining each in accordance
with the terms of this Agreement and the time at which they are required;
(vii)
a listing of all certificates of compliance required, including those described at
Section 8 of these Completion Requirements and the time at which they are
required; and
(viii)
any other information required to be included by this Agreement or reasonably
required by the Project Director or Independent Reviewer.
The above list is not intended to be exhaustive of all matters to be addressed by Project Co
in the Completion Manual and, in accordance with Clause 19.1 of this Agreement, Project
Co's overriding obligation in preparing and updating the Completion Manual is to address
in detail all activities that will be undertaken by Project Co to achieve Technical
Completion and Commercial Acceptance.
Completion Plan
(a)
The purpose of the Completion Plan is to set out in detail Project Co's methodology for
achieving Technical Completion and Commercial Acceptance.
(b)
Without limiting paragraph (a), the Completion Plan must include the following:
(i)
Project Co's strategy for achieving Technical Completion and Commercial
Acceptance for each Stage;
(ii)
details of the requirements for of Technical Completion and Commercial
Acceptance as detailed in this Agreement and these Completion Requirements;
(iii)
Project Co's Completion team, including an explanation of the roles and
responsibilities of the personnel within that team and curricula vitae of key
personnel;
(iv)
the proposed process for involving the Independent Reviewer and the State in the
Completion process;
(v)
Project Co's methodology for ensuring that all the Completion Requirements will
be satisfied including a methodology to be used to undertake each of the stages
(and sub-stages) of Completion and meet the overall requirements, and a
methodology for:
Minter Ellison | Ref: 30-5972805
(A)
identifying and rectifying Outstanding Items and other Defects;
(B)
confirming that all warranties relating to the New Facility have been
obtained or otherwise are in place;
(C)
confirming that all relevant documentation required to be provided as a
condition precedent to Completion, including the Schedule of
Accommodation and the Operating Term Documentation, have been
completed;
(D)
confirming that all as-built drawings and documentation have been
completed and are available for use by the State and the Facility
Management Subcontractor;
(E)
confirming that all energy performance testing regimes including all
necessary metering (including sub-metering) is in place at the time of
Technical Completion;
Ararat Prison Project Agreement – Schedule 10 | page 3
2.5
(F)
certification and completion of Category 1 Equipment and Category 2
Equipment procurement and installation, including the dates of delivery
and details of installation, calibration and testing;
(G)
the final clean of the Stage 1 Facility and Stage 2 Facility as required in
accordance with Section 6.3 of these Completion Requirements; and
(H)
providing all induction and training that is required to be completed prior
to each Stage and after occupancy, including induction and training of all
proposed Facility Employees and all Project Co Associates;
(vi)
a preliminary program for Completion Tests, covering all phases of conducting the
Completion Tests; and
(vii)
details of the proposed timing of all major activities.
Training Plan
The Training Plan must include the following:
(a)
Project Co's methodology for complying with the State’s requirements in relation to the
conduct of all induction programs and training that is required to be completed prior to
each Stage and after occupancy including:
(i)
the requirements set out in the Services Specifications, Technical Specifications
and otherwise necessary to satisfy each of the Technical Completion Criteria and
Commercial Acceptance Criteria for each Stage;
(ii)
induction and training of State Associates and Project Co Associates; and
(iii)
familiarising:
(A)
State Associates with the Stage 1 Facility and Stage 2 Facility and
Category 1 Equipment and Category 2 Equipment; and
(B)
Project Co Associates in providing the Services.
3.
Completion Reports
3.1
General Requirements in respect of Completion Reports
(a)
(b)
Project Co must prepare a Completion Report for each of:
(i)
Stage 1 Technical Completion;
(ii)
Stage 1 Commercial Acceptance;
(iii)
Stage 2 Technical Completion;
(iv)
Stage 2 Commercial Acceptance; and
(v)
the Post Completion Tests.
A Completion Report submitted by Project Co at each of the above stages must comply
with the requirements set out in the Completion Manual and must clearly identify to the
reasonable satisfaction of the Independent Reviewer or Project Director (as applicable)
details of:
(i)
Minter Ellison | Ref: 30-5972805
all the relevant Stage 1 Technical Completion Criteria, Stage 1 Commercial
Acceptance Criteria, Stage 2 Technical Completion Criteria and Stage 2
Commercial Acceptance Criteria (as applicable);
Ararat Prison Project Agreement – Schedule 10 | page 4
(c)
(ii)
the methodology used to achieve Stage 1 Technical Completion, Stage 1
Commercial Acceptance, Stage 2 Technical Completion and Stage 2 Commercial
Acceptance (as applicable);
(iii)
all evidence necessary to demonstrate that the Stage 1 Technical Completion
Criteria, Stage 1 Commercial Acceptance Criteria, Stage 2 Technical Completion
Criteria and Stage 2 Commercial Acceptance Criteria have been satisfied;
(iv)
details of when the Stage 1 Technical Completion Criteria, Stage 1 Commercial
Acceptance Criteria, Stage 2 Technical Completion Criteria and Stage 2
Commercial Acceptance Criteria have been satisfied (as applicable); and
(v)
the List of Stage 1 TC Outstanding Items, List of Stage 1 CA Outstanding Items,
List of Stage 2 TC Outstanding Items and List of Stage 2 CA Outstanding Items
(as applicable) and a program for the completion of such Outstanding Items (as
applicable).
The Completion Report must be submitted by Project Co to the Project Director and
Independent Reviewer in accordance with the Review Procedures.
4.
Stage 1 Technical Completion
4.1
General
4.2
(a)
In order to achieve Stage 1 Technical Completion, Project Co must have satisfied all of
the Stage 1 Technical Completion Criteria set out in Section 4.2 below to the reasonable
satisfaction of the Independent Reviewer.
(b)
The achievement of Stage 1 Technical Completion is certified by the Independent
Reviewer in accordance with this Agreement.
(c)
Save for any Outstanding Items, all construction work must be completed prior to Stage 1
Technical Completion with all testing necessary for the occupation of the Stage 1 Facility
required under this Agreement having been successfully completed.
Stage 1 Technical Completion Criteria
The Stage 1 Technical Completion Criteria means all of the following:
(a)
Project Co has successfully completed the Stage 1 Technical Completion Tests and any
Additional Stage 1 TC Tests required to be successfully completed prior to Stage 1
Technical Completion, unless otherwise agreed in writing by the Project Director or
Independent Reviewer;
(b)
the Stage 1 Works have been completed in accordance with the Construction
Documentation, the Design Requirements and other requirements of this Agreement, and
the Stage 1 Facility is Fit For the Intended Purposes;
(c)
except for any Outstanding Items, the Stage 1 Works are free from all Defects;
(d)
all applicable Category 1 Equipment and Category 2 Equipment has been installed in the
Stage 1 Facility, located in accordance with the State’s requirements, and is fully
operational;
(e)
a final door and lock schedule for the Stage 1 Facility has been provided to the State for
review in accordance with the Review Procedures;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 5
(f)
Project Co has procured the lock cylinder manufacturer Abloy to deliver to the State 400
sets of all keys for the Precinct cut to the codes supplied by the State of lock types
LOC_A, LOC_B, LOC_C, LOC_D and LOC_E;
(g)
Project Co has procured and supplied all keys to all other locks for the Stage 1 Facility
and Stage 2 Facility in accordance with the final door and lock schedule approved by the
State;
(h)
Project Co has supplied a minimum of:
(i)
three (3) keys for every cylinder of Prisoner locks;
(ii)
four hundred (400) keys for 003 fire box keys;
(iii)
two hundred (200) keys for lock types LOC_F; and
(iv)
twenty (20) keys for lock types LOC_G;
(i)
Project Co has supplied to the State tamper proof numbered key rings for each space in the
Key Room key cabinet and has attached all keys to the tamper proof key rings in
accordance with the schedule provided by the State;
(j)
Project Co has provided to the State and the Independent Reviewer a copy of such
Occupancy Permit(s), issued for the Stage 1 Facility under the Building Act 1993 (Vic),
which must:
(i)
be without conditions; or
(ii)
have been obtained with only such conditions which (in the reasonable opinion of
the Project Director) do not adversely impact on the Precinct being Fit for the
Intended Purpose or on Project Co’s ability to perform the Services in accordance
with the Services Specification or otherwise comply with this Agreement or on the
performance of the Precinct Functions;
(k)
Project Co must have provided to the State and the Independent Reviewer copies of all
Authorisations required for the occupation of the Stage 1 Facility (including certification
by the Country Fire Authority in respect of the Stage 1 Facility);
(l)
Project Co must have submitted the Stage 1 Technical Completion Report which complies
with this Agreement and Section 3 of these Completion Requirements;
(m)
Project Co must have submitted the Technical Completion Documentation at the times set
out in and otherwise in accordance with these Completion Requirements;
(n)
Project Co must have submitted the Operating Term Documentation at the times set out in
and otherwise in accordance with these Completion Requirements;
(o)
Project Co must have submitted to the State all documentation contemplated by Stage 3 of
the Design Development Process and must ensure that such documentation complies with
the requirements of this Agreement;
(p)
Project Co has provided to the State all as-built drawings;
(q)
Project Co has complied with all of its obligations as set out in the Completion Manual in
respect of Stage 1 Technical Completion;
(r)
Project Co has provided the State with unhindered access to the cells to assess compliance
with the Cell & Fire Safety Guidelines in accordance with the Site Access and Interface
Protocols, the Master Works Program and relevant Sub-Programs;
(s)
the Stage 1 Works comply with the Cell and Fire Safety Guidelines, except to the extent
required otherwise by the Design Requirements;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 6
(t)
all construction machinery, equipment and materials must have been removed from the
Site save where required for the purposes of rectifying any Outstanding Items;
(u)
a clean of the Stage 1 Facility has been completed by Project Co to the reasonable
satisfaction of the Independent Reviewer;
(v)
Project Co must have submitted all manuals and training aids to the State in hard copy (3
copies), electronic or web based forms (3 copies), as requested by the State including all
documentation as required at Annex A to these Completion Requirements in respect of
Security Systems;
(w)
Project Co must have submitted all service manuals and operational details to the State (3
hard copies and 3 electronic copies);
(x)
Project Co has submitted all documents and other information required by this Agreement
and the Project Documents to be supplied to the Independent Reviewer at a time before
Technical Completion, and such documentation is in a form and includes details approved
by the Independent Reviewer (such approval not to be unreasonably withheld);
(y)
Project Co has confirmed that all warranties relating to:
(i)
the Stage 1 Facility; and
(ii)
the applicable Category 1 Equipment and Category 2 Equipment,
(iii)
have been obtained and are otherwise in place;
(z)
Project Co has provided copies to the State of all certificates and permits required from
Governmental Agencies;
(aa)
without limiting paragraph (a), the Stage 1 Facility is such that the State will not be
prevented from obtaining any Authorisations necessary and which Project Co is not
required by this Agreement to obtain, to enable the State to provide the Precinct
Functions;
(bb)
Project Co submitted an operational mode testing of the Stage 1 Facility to the satisfaction
of the Independent Reviewer prior to the completion of the requirements set out in
paragraph (cc);
(cc)
Project Co has completed a running period of 14 consecutive days, 24 hours a day, under
full operational conditions, meeting all the output requirements of the Design
Requirements (Fault-Free Period) for the Stage 1 Facility. For the avoidance of doubt,
the Fault-Free Period will recommence following rectification of any faults or failures
against the output requirements of the Design Requirements (which would result in
compromised operational conditions (other than in a minor way)) identified during the
previous attempt by Project Co to complete the Fault Free Period;
(dd)
Project Co has conducted all training for State identified State Associates in relation to the
operation and functionality of the Master Control Room (or temporary master control
room, as applicable);
(ee)
Project Co has evidenced to the State that the State Associates have sufficient
demonstrable knowledge such that they, in the reasonable opinion of the State, may
conduct training sessions in relation to the operation and functionality of the Master
Control Room (or temporary master control room, as applicable), including State
Associates having achieved accreditation in accordance with Cert 4 in Training and
Assessment (Train the Trainers) through Project Co conducting assessable training
sessions;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 7
(ff)
4.3
Project Co has liaised with and otherwise assisted the State in the preparation by the State
of the:
(i)
Local Operating Procedures; and
(ii)
plan for undertaking all activities during the Stage 1 Operational Commissioning
Period;
(gg)
Project Co has provided exclusive access to the State of all ICT server rooms and hubs
necessary to operate the State’s local area network;
(hh)
Project Co has installed all fixing points in locations in the Stage 1 Facility specified by
the State and otherwise installed or placed all art work by the State as directed by the
State;
(ii)
not used;
(jj)
Project Co has completed to the satisfaction of the Independent Reviewer all Stage 1
Technical Completion Tests as defined in Section 4.3;
(kk)
Project Co has done all things which it is required to do prior to Stage 1 Technical
Completion under the Design Requirements; and
(ll)
Project Co has otherwise done everything which it is required to do under this Agreement
to achieve Stage 1 Technical Completion.
Stage 1 Technical Completion Tests
(a)
Project Co must outline the details of the Stage 1 Technical Completion Tests in the
Completion Manual;
(b)
Subject to paragraph (c), the overriding obligation of Project Co in respect of the Stage 1
Technical Completion Tests is that they must demonstrate that all the Design
Requirements have been met and that the Stage 1 Facility is Fit For the Intended Purposes;
(c)
Without limiting Project Co's overriding obligation set out in paragraph (b), Project Co
must:
(i)
conduct the Stage 1 Technical Completion Tests identified in Appendix A of these
Completion Requirements;
(ii)
conduct such other tests necessary to demonstrate that the Design Requirements
have been met and the Stage 1 Facility is Fit For the Intended Purposes;
(iii)
provide sufficient notice to the State and the Independent Reviewer prior to
conducting any Stage 1 Technical Completion Tests to ensure a State Associate
and the Independent Reviewer may attend the conduct of any Stage 1 Technical
Completion Tests;
(iv)
comply with all reasonable directions of the State and the Independent Reviewer
in relation to the conduct of the Stage 1 Technical Completion Tests;
(v)
record and otherwise document all Stage 1 Technical Completion Tests performed
by Project Co in the Stage 1 Technical Completion Report and provide the Stage 1
Technical Completion Report to the Independent Reviewer and Project Director in
accordance with Section 4.4(a) of these Completion Requirements;
(vi)
supply or otherwise provide all instruments and appliances necessary to conduct
the Stage 1 Technical Completion Tests;
(vii)
ensure all test instruments have been checked and calibrated for accuracy by the
manufacturer;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 8
(d)
4.4
(viii)
ensure each of the test instruments have an accompanying current certificate of
validity from a National Association of Testing Authorities Registered Laboratory;
(ix)
only use test instruments if they have been designed for the specific task for which
they are used;
(x)
provide a copy of calibration showing the degree of accuracy of each of the testing
instruments to the Independent Reviewer if requested by the State or the
Independent Reviewer;
(xi)
if a Stage 1 Technical Completion Test fails, immediately inform the Independent
Reviewer and the Project Director and carry out rectification works to enable
retesting to occur as soon as possible;
(xii)
successfully complete any Additional Stage 1 TC Tests notified to it by the Project
Director or Independent Reviewer any time prior to 1 month before the Date for
Stage 1 Technical Completion; and
(xiii)
comply with all other reasonable directions of the Project Director or the
Independent Reviewer in relation to the conduct of the Stage 1 Technical
Completion Tests.
The Stage 1 Technical Completion Tests shall not include such tests that are not
reasonably practicable to undertake prior to the Stage 1 Facility being fully operational.
These will form part of the Stage 1 Commercial Acceptance Tests and Post Completion
Tests.
Stage 1 Technical Completion Report
(a)
Project Co must:
(i)
prepare the Stage 1 Technical Completion Report in accordance with this
Agreement and Section 3 of these Completion Requirements; and
(ii)
submit the Stage 1 Technical Completion Report to the Independent Reviewer
(and provide a copy to the Project Director) at least 20 Business Days prior to the
date on which Project Co anticipates that it will achieve Stage 1 Technical
Completion.
(b)
If there are Stage 1 Technical Completion Criteria still to be satisfied at the time required
for submission of the Stage 1 Technical Completion Report, which could not have been
satisfied by this date (and this is not due to any act or omission of Project Co), Project Co
may update and submit such updates of the Stage 1 Technical Completion Report to the
Independent Reviewer and the Project Director which include details in respect of these
Stage 1 Technical Completion Criteria up to the date which is 5 Business Days prior to the
date on which Project Co anticipates that it will achieve Stage 1 Technical Completion.
(c)
The Stage 1 Technical Completion Report may be used by the Independent Reviewer to
assist in determining whether the Stage 1 Technical Completion Criteria have been
satisfied.
(d)
The Independent Reviewer may comment on and direct Project Co to amend the Stage 1
Technical Completion Report if it does not comply with the requirements of this
Agreement or these Completion Requirements.
(e)
Where the Independent Reviewer acts in accordance with paragraph (d) Project Co must,
as soon as practicable, amend the Stage 1 Technical Completion Report in accordance
with the written direction given by the Independent Reviewer.
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 9
5.
Stage 1 Operational Commissioning
After Stage 1 Technical Completion and prior to Stage 1 Commercial Acceptance, Project Co
must cooperate with the State, and the State will be entitled to enter into full occupation and
possession of the Stage 1 Facility:
(a)
for training and familiarising of the State Associates with the Stage 1 Facility;
(b)
to carry out inspections;
(c)
undertake further metal scans of the grounds within the secure perimeter;
(d)
to ensure the full functionality of the Stage 1 Facility and that it is in operational order;
and
(e)
as is required in order for the State to ensure it is capable of providing the Precinct
Functions at the Stage 1 Facility on and from the Operational Commencement Date.
6.
Stage 1 Commercial Acceptance
6.1
General
6.2
(a)
In order to achieve Stage 1 Commercial Acceptance, Project Co must have satisfied all of
the Commercial Acceptance Criteria as set out in Section 6.2 of these Completion
Requirements, to the satisfaction of the Project Director.
(b)
The achievement of Stage 1 Commercial Acceptance is certified by the Project Director in
accordance with this Agreement.
(c)
The Stage 1 Commercial Acceptance Tests expressly identified in Section 6.4 of these
Completion Requirements, must be performed to the satisfaction of the Independent
Reviewer who will advise the Project Director accordingly.
Stage 1 Commercial Acceptance Criteria
Stage 1 Commercial Acceptance Criteria means all of the following:
(a)
the Independent Reviewer has issued a notice under this Agreement certifying that Stage 1
Technical Completion has been achieved;
(b)
Project Co must have demonstrated to the Independent Reviewer and the Project Director
that the Stage 1 Facility is Fit For the Intended Purposes;
(c)
Project Co has provided the Stage 1 Completion Report for Commercial Acceptance to the
Project Director (and copy to the Independent Reviewer) in accordance with this
Agreement and these Completion Requirements;
(d)
the Independent Reviewer must have provided written confirmation to the Project Director
that:
(i)
except for the remaining Outstanding Items for Stage 1 Commercial Acceptance
the Stage 1 Facility is free from Defects;
(ii)
all Outstanding Items for Stage 1 Technical Completion required to be completed
prior to Stage 1 Commercial Acceptance have been completed;
(iii)
the List of Stage 1 TC Outstanding Items and program for completion of the List
of Stage 1 CA Outstanding Items has been updated by Project Co and approved or
deemed to be approved by the Independent Reviewer in accordance with the
Review Procedures;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 10
(iv)
all applicable Category 1 Equipment and Category 2 Equipment has been
purchased, commissioned, located or otherwise installed into the Stage 1 Facility
in accordance with this Agreement and has received certification for operational
use;
(v)
the Stage 1 Commercial Acceptance Tests and any Additional Stage 1 TC Tests or
Additional Stage 1 CA Tests required to be successfully completed prior to Stage
1 Commercial Acceptance have been successfully completed; and
(vi)
the Stage 1 Facility is Fit For the Intended Purposes;
(e)
Project Co has delivered to the Stage 1 Facility all consumables necessary for the
provision by Project Co of the Services in accordance with the Services Specifications;
(f)
Project Co must have participated in all State conducted operational exercises in
accordance with the State's requirements during the Stage 1 Operational Commissioning
Period;
(g)
Project Co must have participated in State designed scenarios to test the functionality of
the Stage 1 Facility in accordance with the State's requirements;
(h)
Project Co must have participated in State designed exercises and scenarios to test the
interface between the Stage 1 Facility and:
(i)
the provision by the State of the Precinct Functions; and
(ii)
the provision by Project Co of the Services;
(i)
induction training has been carried out for the Precinct Employees in accordance with the
requirements of the Services Specifications and the Training Plan;
(j)
the Project Co Associates providing the Services must be fully informed as to the
operation of the Stage 1 Facility and have demonstrated their ability to provide the
Services at the Stage 1 Facility in accordance with the Services Specifications and the
Local Operating Procedures;
(k)
Project Co must have conducted such other activities necessary to demonstrate to the State
that the Project Co Associates providing the Services during the Operating Term have the
capacity to and are otherwise sufficiently well trained to provide the Services in
accordance with the Services Specifications and the Local Operating Procedures;
(l)
Project Co must have conducted detailed and comprehensive training sessions at the Stage
1 Facility for the State Associates providing the Precinct Functions (as identified by the
State or the Project Director) in relation to the following (where relevant):
(m)
(i)
the master control room;
(ii)
operational support centre; and
(iii)
local movement control;
(iv)
each of the security systems;
(v)
all other systems in the Stage 1 Facility;
(vi)
to the extent they are provided as part of the Stage 1 Works, the interface between
and integration of all Stage 1 Facility and Existing Facility systems including the
security systems;
Project Co must have recorded and maintained an electronic register in a form approved
by the State which identifies:
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 11
(i)
the date, times and subject matter of all training sessions conducted by Project Co
for the State Associates providing the Precinct Functions;
(ii)
the names and positions of all State Associates in attendance at the training
sessions conducted by Project Co; and
(iii)
the level of competency achieved by each individual State Associate who attends
any training sessions conducted by Project Co;
(n)
all State Associates providing the Precinct Functions must have a demonstrated
knowledge of the Stage 1 Facility, the Security Systems and other Stage 1 Facility systems
in so far as such knowledge is critical to the provision by the State of the Precinct
Functions;
(o)
Project Co must have familiarised the State Associates providing the Precinct Functions
with the Stage 1 Facility environment;
(p)
Project Co must have submitted to the State all information necessary or otherwise
required by the State to conduct the National Criminal History Checks;
(q)
Project Co must have assisted the State in testing each of the Local Operating Procedures
within the context of the Stage 1 Facility;
(r)
the Project Co Associates providing the Services during the Operating Term must have
attended all State conducted training and simulation exercises as directed by the State on
the following emergency procedures or incidents (as the case may be):
(i)
fire drills;
(ii)
riot simulation exercises;
(iii)
hostage situations;
(iv)
prisoner disturbance;
(v)
event of gas chemical spill;
(vi)
event of power failure;
(vii)
evacuation procedures; and
(viii)
event of escape;
(s)
the Project Co Associates providing the Services during the Operating Term who have
direct contact with Prisoners must have attended and successfully completed the State
conducted Prisoner management training;
(t)
not used;
(u)
not used;
(v)
all Project Documents and other documents and information Project Co is required to
supply to the Project Director, Independent Reviewer or the State under this Agreement at
a time before or as part of Stage 1 Commercial Acceptance that are reasonably required
for the operation of the Stage 1 Facility, the provision of the Precinct Functions or
provision of the Services have been so provided and, as required, these documents have
been reviewed in accordance with the Review Procedures;
(w)
Project Co has completed a final clean of the Stage 1 Facility to the reasonable satisfaction
of the Independent Reviewer and in accordance with Section 6.3 of these Completion
Requirements;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 12
6.3
6.4
(x)
Project Co has provided to the Project Director a certificate from the Facility Management
Subcontractor that it will be able to perform the Services in respect of the Precinct in
accordance with the Facility Management Subcontract;
(y)
Project Co has procured all insurances required by this Agreement and has provided
certificates of currency in respect of such insurances to the Project Director;
(z)
Project Co has repaired or rectified, to the Project Director's satisfaction, any property
damage, including damage on or to property adjoining the New Facility Site or Stage 1
Facility, arising in the course of carrying out any part of the Stage 1 Works;
(aa)
Project Co has completed to the satisfaction of the Independent Reviewer all Stage 1
Commercial Acceptance Tests as defined in Section 6.4; and
(bb)
Project Co has otherwise done all other things required by this Agreement to achieve
Stage 1 Commercial Acceptance.
Final Clean
(a)
Project Co must perform a final clean of the Stage 1 Facility as a condition precedent to
achieving Stage 1 Commercial Acceptance.
(b)
The final clean must ensure the Stage 1 Facility is clean and tidy and free from all
construction waste, rubbish, dust, debris, equipment and materials to the reasonable
satisfaction of the Independent Reviewer and in a manner that meets the Quality Standards
and other requirements of this Agreement.
Stage 1 Commercial Acceptance Tests
(a)
Project Co must set out the details of each Stage 1 Commercial Acceptance Tests in the
Completion Manual.
(b)
Project Co must:
(c)
(i)
conduct testing that may be necessary to demonstrate that the Design
Requirements have been met and that the Stage 1 Facility is Fit for the Intended
Purposes, that have not been undertaken already as part of the Stage 1 Technical
Completion Tests;
(ii)
successfully complete any Additional Stage 1 CA Tests notified by the Project
Director or Independent Reviewer any time prior to 1 month before the Date for
Stage 1 Commercial Acceptance;
(iii)
record and otherwise document all Stage 1 Commercial Acceptance Tests
performed by Project Co in the Completion Report for Stage 1 Commercial
Acceptance and provide that Completion Report to the Project Director and
Independent Reviewer in accordance with Section 6.5 of these Completion
Requirements; and
(iv)
otherwise comply with the requirements for the conduct of the Stage 1
Commercial Acceptance Tests set out in these Completion Requirements.
Appendix A to these Completion Requirements sets out a list of tests that must be
included in the Stage 1 Commercial Acceptance Tests to be undertaken by Project Co.
The list in Appendix A is not an exhaustive list of the tests to be undertaken by Project Co
as part of the Stage 1 Commercial Acceptance Tests and does not in anyway limit Project
Co's overriding obligations as set out in paragraph (b).
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 13
(d)
6.5
The Stage 1 Commercial Acceptance Tests shall not include such tests that are not
reasonably practicable to undertake prior to the Stage 1 Facility being fully operational.
These will form part of the Post Completion Tests.
Stage 1 Commercial Acceptance Completion Report
(a)
Project Co must prepare and submit to the Project Director (and provide a copy to the
Independent Reviewer) an updated version of the Completion Report for Stage 1
Commercial Acceptance in accordance with this Agreement and at least 20 Business Days
prior to the date on which Project Co anticipates that it will achieve Stage 1 Commercial
Acceptance.
(b)
If there are Stage 1 Commercial Acceptance Criteria still to be satisfied as at the required
date for submission of the updated Completion Report for Stage 1 Commercial
Acceptance which could not have been satisfied by that date (and this is not due to any act
or omission of Project Co) Project Co may update and submit such updates of the
Completion Report for Stage 1 Commercial Acceptance to the Project Director (with
copies to the Independent Reviewer) which includes details of these Stage 1 Commercial
Acceptance Criteria, up to the date which is 5 Business Days prior to the date on which
Project Co anticipates that it will achieve Stage 1 Commercial Acceptance.
(c)
The Completion Report for Stage 1 Commercial Acceptance may be used by the Project
Director to assist in determining whether the Stage 1 Commercial Acceptance Criteria
have been satisfied.
(d)
The Project Director may comment on and direct Project Co to amend the Completion
Report for Stage 1 Commercial Acceptance if it does not comply with the requirements of
this Agreement or these Completion Requirements.
(e)
Where the Project Director acts in accordance with paragraph (d) Project Co must, as soon
as practicable, amend the Completion Report for Stage 1 Commercial Acceptance in
accordance with the written direction given by the Project Director.
6A. Stage 2 Technical Completion
6A.1 General
(a)
In order to achieve Stage 2 Technical Completion, Project Co must have satisfied all of
the Stage 2 Technical Completion Criteria set out in Section 6A.2 below to the reasonable
satisfaction of the Independent Reviewer. The Stage 2 Technical Completion Criteria and
Stage 2 Technical Completion Tests are required to be undertaken in respect of the Stage
1 Facility or Stage 1 Works to the extent necessary to demonstrate the integration of the
New Facility and the Existing Facility, or to demonstrate the achievement of the common
functionality of the New Facility and Existing Facility, in accordance with the Design
Requirements.
(b)
The achievement of Stage 2 Technical Completion is certified by the Independent
Reviewer in accordance with this Agreement.
(c)
Save for any Outstanding Items, all construction work must be completed prior to Stage 2
Technical Completion with all testing necessary for the occupation of the Stage 2 Facility
required under this Agreement having been successfully completed.
6A.2 Stage 2 Technical Completion Criteria
The Stage 2 Technical Completion Criteria means all of the following:
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 14
(a)
Project Co has successfully completed the Stage 2 Technical Completion Tests and any
Additional Stage 2 TC Tests required to be successfully completed prior to Stage 2
Technical Completion, unless otherwise agreed in writing by the Project Director or
Independent Reviewer;
(b)
the Stage 2 Works have been completed in accordance with the Construction
Documentation, the Design Requirements and other requirements of this Agreement, and
the New Facility is Fit For the Intended Purposes;
(c)
except for any Outstanding Items, the Stage 2 Works are free from all Defects;
(d)
all applicable Category 1 Equipment and Category 2 Equipment has been installed at the
Precinct, located in accordance with the State’s requirements, and is fully operational;
(e)
a final door and lock schedule for the Precinct has been provided to the State for review in
accordance with the Review Procedures;
(f)
Project Co has provided to the State and the Independent Reviewer a copy of such
Occupancy Permit(s), issued for the New Facility and, in respect of the Existing Facility
or any part of it, any new or amended Occupancy Permit(s) required, directly or indirectly,
as a consequence of the Works (including the Integration Works) (as applicable) under the
Building Act 1993 (Vic), which must:
(i)
be without conditions; or
(ii)
have been obtained with only such conditions which (in the reasonable opinion of
the Project Director) do not adversely impact on the Precinct being Fit for the
Intended Purpose or on Project Co’s ability to perform the Services in accordance
with the Services Specification or on the performance of the Precinct Functions;
(g)
Project Co must have provided to the State and the Independent Reviewer copies of all
Authorisations required for the occupation of the New Facility (including certification by
the Country Fire Authority in respect of the New Facility and Existing Facility);
(h)
Project Co must have submitted the Stage 2 Technical Completion Report which complies
with this Agreement and Section 3 of these Completion Requirements;
(i)
Project Co must have submitted the Technical Completion Documentation at the times set
out in and otherwise in accordance with these Completion Requirements;
(j)
Project Co must have submitted the Operating Term Documentation at the times set out in
and otherwise in accordance with these Completion Requirements;
(k)
Project Co must have submitted to the State all documentation contemplated by Stage 3 of
the Design Development Process and must ensure that such documentation complies with
the requirements of this Agreement;
(l)
Project Co has provided to the State all as-built drawings;
(m)
Project Co has complied with all of its obligations as set out in the Completion Manual in
respect of Stage 2 Technical Completion;
(n)
Project Co has provided the State with unhindered access to the cells to assess compliance
with the Cell & Fire Safety Guidelines in accordance with the Site Access and Interface
Protocols, the Master Works Program and relevant Sub-Programs;
(o)
the Stage 2 Works comply with the Cell and Fire Safety Guidelines, except to the extent
required otherwise by the Design Requirements;
(p)
all construction machinery, equipment and materials must have been removed from the
Site save where required for the purposes of rectifying any Outstanding Items;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 15
(q)
a clean of the Stage 2 Facility and the Existing Facility has been completed by Project Co
to the reasonable satisfaction of the Independent Reviewer;
(r)
Project Co must have submitted all updated manuals and training aids to the State in hard
copy (3 copies), electronic or web based forms (3 copies), as requested by the State
including all documentation as required at Annex A to these Completion Requirements in
respect of Security Systems;
(s)
Project Co must have submitted all updated service manuals and operational details to the
State (3 hard copies and 3 electronic copies);
(t)
Project Co has submitted all documents and other information required by this Agreement
and the Project Documents to be supplied to the Independent Reviewer at a time before
Stage 2 Technical Completion, and such documentation is in a form and includes details
approved by the Independent Reviewer (such approval not to be unreasonably withheld);
(u)
Project Co has confirmed that all warranties relating to:
(i)
the Stage 2 Facility; and
(ii)
the applicable Category 1 Equipment and Category 2 Equipment,
(iii)
have been obtained and are otherwise in place;
(v)
Project Co has provided copies to the State of all certificates and permits required from
Governmental Agencies;
(w)
without limiting paragraph (a), the Precinct is such that the State will not be prevented
from obtaining any Authorisations necessary and which Project Co is not required by this
Agreement to obtain, to enable the State to provide the Precinct Functions;
(x)
Project Co submitted an operational mode testing of the New Facility to the satisfaction of
the Independent Reviewer prior to the completion of the requirements set out in paragraph
(cc);
(y)
Project Co has completed a running period of 28 consecutive days, 24 hours a day, under
full operational conditions, meeting all the output requirements of the Design
Requirements (Fault-Free Period) for the New Facility. For the avoidance of doubt, the
Fault-Free Period will recommence following rectification of any faults or failures against
the output requirements of the Design Requirements (which would result in compromised
operational conditions (other than in a minor way)) identified during the previous attempt
by Project Co to complete the Fault Free Period;
(z)
Project Co has liaised with and otherwise assisted the State in the preparation by the State
of the:
(i)
Local Operating Procedures; and
(ii)
plan for undertaking all activities during the Stage 2 Operational Commissioning
Period;
(aa)
Project Co has provided exclusive access to the State of all ICT server rooms and hubs
necessary to operate the State’s local area network;
(bb)
Project Co has installed all fixing points in locations in the Stage 2 Facility specified by
the State and otherwise installed or placed all art work by the State as directed by the
State;
(cc)
Project Co has provided to the State framed aerial Site photographs of the completed New
Facility of a minimum size of 1000mm x 800mm and a full album of monthly
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 16
construction progress photos taken in line with the requirements set out in the PMP and
Reporting Requirements;
(dd)
Project Co has completed to the satisfaction of the Independent Reviewer all Stage 2
Technical Completion Tests as defined in Section 6A.3;
(ee)
Project Co has done all things which it is required to do prior to Stage 2 Technical
Completion under the Design Requirements; and
(ff)
Project Co has otherwise done everything which it is required to do under this Agreement
to achieve Stage 2 Technical Completion.
6A.3 Stage 2 Technical Completion Tests
(a)
Project Co must outline the details of the Stage 2 Technical Completion Tests in the
Completion Manual;
(b)
Subject to paragraph (c), the overriding obligation of Project Co in respect of the Stage 2
Technical Completion Tests is that they must demonstrate that all the Design
Requirements have been met and that the New Facility is Fit For the Intended Purposes;
(c)
Without limiting Project Co's overriding obligation set out in paragraph (b), Project Co
must:
(i)
conduct the Stage 2 Technical Completion Tests identified in Appendix A of these
Completion Requirements;
(ii)
conduct such other tests necessary to demonstrate that the Design Requirements
have been met and the New Facility is Fit For the Intended Purposes;
(iii)
provide sufficient notice to the State and the Independent Reviewer prior to
conducting any Stage 2 Technical Completion Tests to ensure a State Associate
and the Independent Reviewer may attend the conduct of any Stage 2 Technical
Completion Tests;
(iv)
comply with all reasonable directions of the State and the Independent Reviewer
in relation to the conduct of the Stage 2 Technical Completion Tests;
(v)
record and otherwise document all Stage 2 Technical Completion Tests performed
by Project Co in the Stage 2 Technical Completion Report and provide the Stage 2
Technical Completion Report to the Independent Reviewer and Project Director in
accordance with Section 6A.4(a) of these Completion Requirements;
(vi)
supply or otherwise provide all instruments and appliances necessary to conduct
the Stage 2 Technical Completion Tests;
(vii)
ensure all test instruments have been checked and calibrated for accuracy by the
manufacturer;
(viii)
ensure each of the test instruments have an accompanying current certificate of
validity from a National Association of Testing Authorities Registered Laboratory;
(ix)
only use test instruments if they have been designed for the specific task for which
they are used;
(x)
provide a copy of calibration showing the degree of accuracy of each of the testing
instruments to the Independent Reviewer if requested by the State or the
Independent Reviewer;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 17
(d)
(xi)
if a Stage 2 Technical Completion Test fails, immediately inform the Independent
Reviewer and the Project Director and carry out rectification works to enable
retesting to occur as soon as possible;
(xii)
successfully complete any Additional Stage 2 TC Tests notified to it by the Project
Director or Independent Reviewer any time prior to 1 month before the Date for
Stage 2 Technical Completion; and
(xiii)
comply with all other reasonable directions of the Project Director or the
Independent Reviewer in relation to the conduct of the Stage 2 Technical
Completion Tests.
The Stage 2 Technical Completion Tests shall not include such tests that are not
reasonably practicable to undertake prior to the Stage 2 Facility being fully operational.
These will form part of the Stage 2 Commercial Acceptance Tests and Post Completion
Tests.
6A.4 Stage 2 Technical Completion Report
(a)
Project Co must:
(i)
prepare the Stage 2 Technical Completion Report in accordance with this
Agreement and Section 3 of these Completion Requirements; and
(ii)
submit the Stage 2 Technical Completion Report to the Independent Reviewer
(and provide a copy to the Project Director) at least 20 Business Days prior to the
date on which Project Co anticipates that it will achieve Stage 2 Technical
Completion.
(b)
If there are Stage 2 Technical Completion Criteria still to be satisfied at the time required
for submission of the Stage 2 Technical Completion Report, which could not have been
satisfied by this date (and this is not due to any act or omission of Project Co), Project Co
may update and submit such updates of the Stage 2 Technical Completion Report to the
Independent Reviewer and the Project Director which include details in respect of these
Stage 2 Technical Completion Criteria up to the date which is 5 Business Days prior to the
date on which Project Co anticipates that it will achieve Stage 2 Technical Completion.
(c)
The Stage 2 Technical Completion Report may be used by the Independent Reviewer to
assist in determining whether the Stage 2 Technical Completion Criteria have been
satisfied.
(d)
The Independent Reviewer may comment on and direct Project Co to amend the Stage 2
Technical Completion Report if it does not comply with the requirements of this
Agreement or these Completion Requirements.
(e)
Where the Independent Reviewer acts in accordance with paragraph (d) Project Co must,
as soon as practicable, amend the Stage 2 Technical Completion Report in accordance
with the written direction given by the Independent Reviewer.
6B. Stage 2 Operational Commissioning
After Stage 2 Technical Completion and prior to Stage 2 Commercial Acceptance, Project Co
must cooperate with the State, and the State will be entitled to enter into full occupation and
possession of the Stage 2 Facility:
(a)
for training and familiarising of the State Associates with the Stage 2 Facility;
(b)
to carry out inspections;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 18
(c)
undertake further metal scans of the grounds within the secure perimeter;
(d)
to ensure the full functionality of the New Facility and that it is in operational order; and
(e)
as is required in order for the State to ensure it is capable of providing the Precinct
Functions at the Precinct on and from the day after the Date of Stage 2 Commercial
Acceptance.
6C. Stage 2 Commercial Acceptance
6C.1 General
(a)
In order to achieve Stage 2 Commercial Acceptance, Project Co must have satisfied all of
the Stage 2 Commercial Acceptance Criteria as set out in Section 6C.2 of these
Completion Requirements, to the satisfaction of the Project Director. The Stage 2
Commercial Acceptance Criteria and Stage 2 Commercial Acceptance Tests are required
to be undertaken in respect of the Stage 1 Facility or Stage 1 Works to the extent
necessary to demonstrate the integration of the New Facility and the Existing Facility, or
to demonstrate the achievement of the common functionality of the New Facility and
Existing Facility, in accordance with the Design Requirements.
(b)
The achievement of Stage 2 Commercial Acceptance is certified by the Project Director in
accordance with this Agreement.
(c)
The Stage 2 Commercial Acceptance Tests expressly identified in Section 6C.4 of these
Completion Requirements, must be performed to the satisfaction of the Independent
Reviewer who will advise the Project Director accordingly.
6C.2 Stage 2 Commercial Acceptance Criteria
Stage 2 Commercial Acceptance Criteria means all of the following:
(a)
the Independent Reviewer has issued a notice under this Agreement certifying that Stage 2
Technical Completion has been achieved;
(b)
Project Co must have demonstrated to the Independent Reviewer and the Project Director
that the New Facility is Fit For the Intended Purposes;
(c)
Project Co has provided the Stage 2 Completion Report for Commercial Acceptance to the
Project Director (and copy to the Independent Reviewer) in accordance with this
Agreement and these Completion Requirements;
(d)
the Independent Reviewer must have provided written confirmation to the Project Director
that:
(i)
except for the remaining Outstanding Items for Stage 2 Commercial Acceptance
the Stage 2 Facility is free from Defects;
(ii)
all Outstanding Items for Stage 2 Technical Completion required to be completed
prior to Stage 2 Commercial Acceptance have been completed;
(iii)
the List of Stage 2 TC Outstanding Items and program for completion of the List
of Stage 2 CA Outstanding Items has been updated by Project Co and approved or
deemed to be approved by the Independent Reviewer in accordance with the
Review Procedures;
(iv)
all applicable Category 1 Equipment and Category 2 Equipment has been
purchased, commissioned, located or otherwise installed into the Stage 2 Facility
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 19
in accordance with this Agreement and has received certification for operational
use;
(v)
the Stage 2 Commercial Acceptance Tests and any Additional Stage 2 TC Tests or
Additional Stage 2 CA Tests required to be successfully completed prior to Stage
2 Commercial Acceptance have been successfully completed; and
(vi)
the New Facility is Fit For the Intended Purposes;
(e)
Project Co has delivered to the Precinct all consumables necessary for the provision by
Project Co of the Services in accordance with the Services Specifications;
(f)
Project Co must have participated in all State conducted operational exercises in
accordance with the State's requirements during the Stage 2 Operational Commissioning
Period;
(g)
Project Co must have participated in State designed scenarios to test the functionality of
the New Facility in accordance with the State's requirements;
(h)
Project Co must have participated in State designed exercises and scenarios to test the
interface between the New Facility and:
(i)
the provision by the State of the Precinct Functions; and
(ii)
the provision by Project Co of the Services;
(i)
induction training has been carried out for the Precinct Employees in accordance with the
requirements of the Services Specifications and the Training Plan;
(j)
the Project Co Associates providing the Services must be fully informed as to the
operation of the New Facility and have demonstrated their ability to provide the Services
at the New Facility in accordance with the Services Specifications and the Local
Operating Procedures;
(k)
Project Co must have conducted such other activities necessary to demonstrate to the State
that the Project Co Associates providing the Services during the Operating Term have the
capacity to and are otherwise sufficiently well trained to provide the Services in
accordance with the Services Specifications and the Local Operating Procedures;
(l)
Project Co must have conducted detailed and comprehensive training sessions at the New
Facility for the State Associates providing the Precinct Functions (as identified by the
State or the Project Director) in relation to the following (where relevant):
(m)
(i)
local movement control;
(ii)
each of the security systems;
(iii)
all other systems in the New Facility;
(iv)
the interface between and integration of all New Facility and Existing Facility
systems including the security systems;
Project Co must have recorded and maintained an electronic register in a form approved
by the State which identifies:
(i)
the date, times and subject matter of all training sessions conducted by Project Co
for the State Associates providing the Precinct Functions;
(ii)
the names and positions of all State Associates in attendance at the training
sessions conducted by Project Co; and
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 20
(iii)
the level of competency achieved by each individual State Associate who attends
any training sessions conducted by Project Co;
(n)
all State Associates providing the Precinct Functions must have a demonstrated
knowledge of the New Facility, the Security Systems and other New Facility systems in so
far as such knowledge is critical to the provision by the State of the Precinct Functions;
(o)
Project Co must have familiarised the State Associates providing the Precinct Functions
with the New Facility environment;
(p)
Project Co must have submitted to the State all information necessary or otherwise
required by the State to conduct the National Criminal History Checks;
(q)
Project Co must have assisted the State in testing each of the Local Operating Procedures
within the context of the New Facility;
(r)
the Project Co Associates providing the Services during the Operating Term must have
attended all State conducted training and simulation exercises as directed by the State on
the following emergency procedures or incidents (as the case may be):
(i)
fire drills;
(ii)
riot simulation exercises;
(iii)
hostage situations;
(iv)
prisoner disturbance;
(v)
event of gas chemical spill;
(vi)
event of power failure;
(vii)
evacuation procedures; and
(viii)
event of escape;
(s)
the Project Co Associates providing the Services during the Operating Term who have
direct contact with Prisoners must have attended and successfully completed the State
conducted Prisoner management training;
(t)
Project Co has provided a completed dilapidation survey to the Project Director's
satisfaction, taking due account of the Works, for the Existing Facility and the External
Facilities;
(u)
Project Co has updated all Operating Term Documentation, as applicable, to include the
Existing Facility and External Facilities after providing the dilapidation survey as
described in paragraph (t);
(v)
all Project Documents and other documents and information Project Co is required to
supply to the Project Director, Independent Reviewer or the State under this Agreement at
a time before or as part of Stage 2 Commercial Acceptance that are reasonably required
for the operation of the Stage 2 Facility, the provision of the Precinct Functions or
provision of the Services have been so provided and, as required, these documents have
been reviewed in accordance with the Review Procedures;
(w)
Project Co has completed a final clean of the Stage 2 Facility and Existing Facility to the
reasonable satisfaction of the Independent Reviewer and in accordance with Section 6C.3
of these Completion Requirements;
(x)
Project Co has provided to the Project Director a certificate from the Facility Management
Subcontractor that it will be able to perform the Services in respect of the Precinct in
accordance with the Facility Management Subcontract;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 21
(y)
Project Co has procured all insurances required by this Agreement and has provided
certificates of currency in respect of such insurances to the Project Director;
(z)
Project Co has repaired or rectified, to the Project Director's satisfaction, any property
damage, including damage on or to property adjoining the New Facility Site or the New
Facility, arising in the course of carrying out any part of the Stage 2 Works;
(aa)
Project Co has completed to the satisfaction of the Independent Reviewer all Stage 2
Commercial Acceptance Tests as defined in Section 6C.4; and
(bb)
Project Co has otherwise done all other things required by this Agreement to achieve
Stage 2 Commercial Acceptance.
6C.3 Final Clean
(a)
Project Co must perform a final clean of the Stage 2 Facility and Existing Facility as a
condition precedent to achieving Stage 2 Commercial Acceptance.
(b)
The final clean must ensure the Stage 2 Facility is clean and tidy and free from all
construction waste, rubbish, dust, debris, equipment and materials to the reasonable
satisfaction of the Independent Reviewer and in a manner that meets the Quality Standards
and other requirements of this Agreement.
6C.4 Stage 2 Commercial Acceptance Tests
(a)
Project Co must set out the details of each Stage 2 Commercial Acceptance Tests in the
Completion Manual.
(b)
Project Co must:
(i)
conduct testing that may be necessary to demonstrate that the Design
Requirements have been met and that the New Facility is Fit for the Intended
Purposes, that have not been undertaken already as part of the Stage 2 Technical
Completion Tests;
(ii)
successfully complete any Additional Stage 2 CA Tests notified by the Project
Director or Independent Reviewer any time prior to 1 month before the Date for
Stage 2 Commercial Acceptance;
(iii)
record and otherwise document all Stage 2 Commercial Acceptance Tests
performed by Project Co in the Completion Report for Stage 2 Commercial
Acceptance and provide that Completion Report to the Project Director and
Independent Reviewer in accordance with Section 6C.5 of these Completion
Requirements; and
(iv)
otherwise comply with the requirements for the conduct of the Stage 2
Commercial Acceptance Tests set out in these Completion Requirements.
(c)
Appendix A to these Completion Requirements sets out a list of tests that must be
included in the Stage 2 Commercial Acceptance Tests to be undertaken by Project Co.
The list in Appendix A is not an exhaustive list of the tests to be undertaken by Project Co
as part of the Stage 2 Commercial Acceptance Tests and does not in anyway limit Project
Co's overriding obligations as set out in paragraph (b).
(d)
The Stage 2 Commercial Acceptance Tests shall not include such tests that are not
reasonably practicable to undertake prior to the Stage 2 Facility being fully operational.
These will form part of the Post Completion Tests.
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 22
6C.5 Stage 2 Commercial Acceptance Completion Report
(e)
Project Co must prepare and submit to the Project Director (and provide a copy to the
Independent Reviewer) an updated version of the Completion Report for Stage 2
Commercial Acceptance in accordance with this Agreement and at least 20 Business Days
prior to the date on which Project Co anticipates that it will achieve Stage 2 Commercial
Acceptance.
(f)
If there are Stage 2 Commercial Acceptance Criteria still to be satisfied as at the required
date for submission of the updated Completion Report for Stage 2 Commercial
Acceptance which could not have been satisfied by that date (and this is not due to any act
or omission of Project Co) Project Co may update and submit such updates of the
Completion Report for Stage 2 Commercial Acceptance to the Project Director (with
copies to the Independent Reviewer) which includes details of these Stage 2 Commercial
Acceptance Criteria, up to the date which is 5 Business Days prior to the date on which
Project Co anticipates that it will achieve Stage 2 Commercial Acceptance.
(g)
The Completion Report for Stage 2 Commercial Acceptance may be used by the Project
Director to assist in determining whether the Stage 2 Commercial Acceptance Criteria
have been satisfied.
(h)
The Project Director may comment on and direct Project Co to amend the Completion
Report for Stage 2 Commercial Acceptance if it does not comply with the requirements of
this Agreement or these Completion Requirements.
(i)
Where the Project Director acts in accordance with paragraph (d) Project Co must, as soon
as practicable, amend the Completion Report for Stage 2 Commercial Acceptance in
accordance with the written direction given by the Project Director.
7.
Post Completion Testing
7.1
Stage 1 Post Completion Tests and Stage 2 Post Completion Tests
7.2
(a)
Post Completion Tests are all those tests and requirements that must be met to
demonstrate that the Stage 1 Facility and the Stage 2 Facility meet the Design
Requirements that can only be performed or met once the Stage 1 Facility or Stage 2
Facility (as applicable) is fully operational. These Post Completion Tests must be
successfully conducted to the reasonable satisfaction of the Independent Reviewer.
(b)
The Post Completion Tests must occur as soon as reasonably practicable after Stage 1
Commercial Acceptance or Stage 2 Commercial Acceptance (as applicable) with timing to
be agreed between the Independent Reviewer and Project Co and, if not agreed, as
determined by the Independent Reviewer, acting reasonably
(c)
Project Co must set out the details of each Post Completion Tests in the Completion
Manual; and
(d)
All Post Completion Tests performed by Project Co and their results must be recorded in a
Completion Report for the Post Completion Tests provided to the Independent Reviewer
in accordance with Section 3 and Section 7.1(a) of these Completion Requirements.
Post Completion Report
(a)
Project Co must prepare and deliver to the Independent Reviewer updated versions of the
relevant Completion Report for the Post Completion Tests every 4 months after Stage 1
Commercial Acceptance or Stage 2 Commercial Acceptance (as applicable) (or more
frequently as reasonably requested by the Independent Reviewer) until after the last of the
Post Completion Tests is satisfied.
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 23
8.
(b)
The relevant Completion Report updated for the Post Completion Tests may be used by
the Independent Reviewer to assist in determining whether the Post Completion Tests
have been satisfied.
(c)
The Independent Reviewer may comment on and direct Project Co to amend the relevant
Completion Report for the Post Completion Tests if it does not comply with the
requirements of this Agreement or these Completion Requirements.
(d)
Where the Independent Reviewer acts in accordance with paragraph (c) Project Co must,
as soon as practicable, amend the relevant Completion Report for the Post Completion
Tests in accordance with the written direction given by the Independent Reviewer.
Certification
Without limiting the generality of Project Co's obligations to provide Authorisations under this
Agreement and these Completion Requirements, Project Co must obtain:
(a)
certificates of compliance relating to all plumbing;
(b)
certificates of compliance relating to all electrical works;
(c)
certificates relating to water supply for fire systems;
(d)
certificates of compliance relating to security systems;
(e)
certification of compliance of the Video Conferencing Rooms by the courts;
(f)
certificates of compliance relating to glazing;
(g)
certificates of compliance relating to fire and smoke detection systems;
(h)
all structural and civil compliance certificates;
(i)
certificates of compliance relating to all vertical transportation systems;
(j)
certificates of compliance relating to all emergency and exit lighting systems;
(k)
certificates of compliance relating to all mechanical services systems;
(l)
certificates of compliance from the fire engineer;
(m)
certification from the relevant Building Surveyor;
(n)
certification of energy performance to the requirements of the Building Code of Australia
to the requirements of the Design Requirements and to any other agreed energy targets;
(o)
structural certification;
(p)
certification by Local Governmental Agencies as relevant (including, in relation to the
kitchen:
(q)
(i)
compliance with the requirements of the DHS Food Safety and Regulatory
Activities Unit;
(ii)
compliance with the Food Act 1984 (Vic); and
(iii)
registration with the Ararat council);
certification by the Department of Human Services (DHS) as relevant (including radiation
safety licences and registrations);
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 24
(r)
certification by the Country Fire Authority (CFA) in respect of the Stage 1 Facility prior
to Stage 1 Technical Completion, and in respect of the New Facility and Existing Facility
together prior to Stage 2 Technical Completion;
(s)
certification by VicRoads as relevant; and
(t)
certification by the Rural Ambulance Victoria as relevant.
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 25
Appendix A to the Completion Requirements
1.
2.
Effect of Appendix A
(a)
The overriding obligation of Project Co in respect of the Completion Tests is that Project
Co must demonstrate that all of the Design Requirements in respect of the New Facility
have been met and that the New Facility is Fit for the Intended Purposes.
(b)
This Appendix A sets out a non-exhaustive list of Completion Tests that must be
successfully completed in order for Project Co to achieve Stage 1 Technical Completion,
Stage 1 Commercial Acceptance, Stage 2 Technical Completion and Commercial
Acceptance.
(c)
This Appendix A is not an exhaustive list of the tests to be undertaken by Project Co as
part of the Completion Tests and does not in any way limit Project Co's overriding
obligations as set out in paragraph (a).
Technical Completion Tests
Without limiting Section 2 of these Completion Requirements, the Stage 1 Technical Completion
Tests and the Stage 2 Technical Completion Tests must include the tests set out in this Section 2
of this Appendix A to the extent they relate to the Stage 1 Works or the Stage 2 Works (as
applicable).
2.1
Architectural
(a)
General
Project Co must provide testing to ensure that all cell areas meet the minimum
requirements in accordance with the Cell and Fire Safety Guidelines including but not
limited to ligature points, caulking etc.
(b)
Environmental
Project Co must provide testing to certify that all Functional Units where day lighting
requirements are specified in accordance with the Room Data Sheets meet the specified
requirements.
(c)
Landscaping
Project Co must provide tests to demonstrate that all vehicle and pedestrian movement
paths within the site meet the requirements for passing and serviceability.
Project Co must provide a record of all plants provided at Technical Completion and a
report by an independent landscape consultant on the condition of all plants at Technical
Completion.
Project Co must provide tests to demonstrate the full functionality of the complete
irrigation system.
2.2
Removal of Metal and other Objects from the Precinct
(a)
General
Project Co must ensure that all metal remaining as a result of the construction works is
removed from the Precinct prior to Technical Completion for each stage of the Works;
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 26
(b)
Confirmation
Project Co must carry out metal scanning of all grounds within the Secure Perimeter (and
the temporary secure perimeter (if applicable)) and provide written confirmation to the
State that all metal has been removed from inside the Secure Perimeter (and the temporary
secure perimeter (if applicable)) prior to Technical Completion.
(c)
Security
Project Co must ensure that any product or material that could become a security risk in
respect of the Precinct Functions is removed from the Precinct prior to Technical
Completion and provide written confirmation to the State.
2.3
Central Kitchen and Food Delivery System
(a)
Central Kitchen
Project Co must provide tests to demonstrate the full capability of the Central Kitchen to
meet the specified functionality.
(b)
Food Delivery System
Project Co must provide tests to demonstrate the food delivery system will enable delivery
of meals at the appropriate temperature and to the food health requirements within a
maximum time frame of 45 minutes to the 76 Bed Units, 40 Bed Accommodation Unit, 22
Bed Special Protection Unit, Denicull, the Existing Facility, Health Centre, Management
Unit and to all areas where Prisoners will be served lunch within 45 minutes of the time
the food is ready for delivery. This is to be tested to all of the locations that are provided
with each Stage.
Project Co must provide tests to demonstrate the food delivery system will ensure the
appropriate temperature of the food is maintained for a minimum of one (1) hour.
2.4
Acoustics
(a)
Background noise level
(i)
Noise level surveying
(A)
(ii)
(b)
Project Co must carry out a noise level survey so as to confirm that the
limits specified in the Design Requirements are achieved.
Noise level measurement
(A)
Noise levels shall be measured in at least one room of each type.
However, a walk through of all areas must be carried out by Project Co so
as to ensure that no other rooms of a type are noisier than the ones
measured.
(B)
In those areas of the New Facility that experience significant traffic noise
exposure, measurements must be made during a time period that has been
shown to constitute the worst case period for traffic noise.
(C)
Project Co must prepare and submit as part of the Completion Report a
comprehensive listing of spaces where noise measuring was conducted,
and the noise levels recorded.
Vibration
(i)
Minter Ellison | Ref: 30-5972805
In conjunction with the noise level testing set out in Section (a)(i), a walk through
of all areas must be carried out by Project Co so as to confirm there is no
Ararat Prison Project Agreement – Schedule 10 | page 27
detectable vibration in floor surfaces as a consequence of operation of the New
Facility.
(ii)
(c)
2.5
Any situations considered to have perceptible vibration must be recorded by
Project Co.
Sound isolation
(i)
Sound isolation testing shall be carried out by Project Co in selected locations so
as to confirm compliance with the scheduled 'rating classes'.
(ii)
At least three samples of each rating class shall be tested. These shall be
representative of their class.
(iii)
A listing of locations and measured values shall be prepared and submitted as part
of the Completion Report by Project Co to the State.
Traffic Requirements
(a)
Car parking
(i)
(b)
(B)
the dimensions of car spaces, access aisles and manoeuvring areas;
(C)
ramp grades, including changes of grade;
(D)
pedestrian safety areas;
(E)
lighting;
(F)
security; and
(G)
signage.
Project Co must demonstrate that it has provided vehicular access points in
accordance with the Construction Documentation and otherwise in accordance
with the Design Requirements and Governmental Agency approvals.
Project Co must demonstrate that it has provided service vehicle facilities in
accordance with the Construction Documentation and otherwise in accordance
with the Design Requirements.
Emergency vehicles
(i)
(e)
the minimum number of parking spaces to be provided for each category
of space (e.g. staff, visitors, etc);
Service vehicles
(i)
(d)
(A)
Vehicular access points
(i)
(c)
Project Co must demonstrate to the satisfaction of the Independent Reviewer that
it has provided car parking areas and designated car parking spaces in accordance
with the Construction Documentation and otherwise in accordance with the
Design Requirements, including:
Project Co must demonstrate that it has provided emergency vehicle facilities in
accordance with the Construction Documentation and otherwise in accordance
with the Design Requirements.
Bicycle facilities
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 28
(i)
2.6
Project Co must demonstrate that it has provided bicycle facilities in accordance
with the Construction Documentation and otherwise in accordance with the
Design Requirements
Ecologically Sustainable Development (ESD)
Project Co is required to submit a sustainability report including all requirements set out in the
Sustainable Prisons Guide Submissions Requirements (Desing Development & As – Built) found
at Annex 2, Appendix 1 to the Output Specification in accordance with the requirements in the
Design Development Schedule.
2.7
Mechanical Services
(a)
Acceptance testing
(i)
(b)
Project Co will be required to:
(A)
commission, test and balance each of the mechanical systems installed;
(B)
ensure testing and balancing will be carried out by technicians certified by
the national environmental balancing bureau (NEBB) and to NEBB
standard;
(C)
ensure comprehensive pre-commissioning, commissioning, and quality
monitoring are performed in accordance with either ASHRAE guideline 1
or CIBSE commissioning codes; and
(D)
without limiting Section (ii), where required Project Co shall ensure that
such testing is conducted under the supervision of an accredited
representative of the manufacturer or supplier of the particular item of
Category 1 Equipment or Category 2 Equipment; and
(E)
ensure that commissioning personnel:
(I)
are correctly certified;
(II)
have valid experience in the particular field applicable; and
(III)
have verified the results in accordance with the Design
Requirements.
Testing and commissioning
(i)
Minter Ellison | Ref: 30-5972805
Project Co will test and demonstrate the operation of the following systems for
compliance with the Output Specification:
(A)
heating system;
(B)
mechanical ventilation system;
(C)
natural ventilation system;
(D)
chilled water system;
(E)
air conditioning systems;
(F)
natural gas distribution system;
(G)
kitchen exhaust system;
(H)
dishwasher exhaust system;
(I)
general exhaust systems;
Ararat Prison Project Agreement – Schedule 10 | page 29
(J)
specialist exhaust systems;
(K)
air balancing of all air handling systems, grilles and diffusers;
(L)
air pressurisation tests in all areas where a designated amount of air
pressurisation is required or where a pressure gradient is required from one
area to another;
(M)
water balancing of all water circulation systems;
(N)
domestic hot water system solar contribution testing;
(O)
systems flow and pressure testing;
(P)
high-efficiency particulate air filter testing;
(Q)
acceptance testing of all Category 1 Equipment and Category 2
Equipment;
(R)
room temperature logging and testing;
(S)
fire and life safety system and components testing and other essential
services testing;
(T)
building management system;
(U)
controls testing;
(V)
fail safe systems testing;
(W)
room air velocity and comfort testing;
(X)
electrical system operation, including the testing of any interlock or relay
type control carried out directly through the mechanical switchboards;
(Y)
involvement in integrated testing of systems such as fire mode operation,
emergency generator operation, communications room system testing;
(Z)
authority testing;
(AA) chemical treatment testing;
(BB)
manufacturer's installed testing of Category 1 Equipment and Category 2
Equipment;
(CC)
testing of main data room environmental control, monitoring and alarm
systems;
(DD) building envelope leakage testing;
(EE)
test pressures and flow at all gas outlets;
(FF)
testing of all safety controls to gas systems; and
(GG) metering and sub-metering testing (including the ability to measure and
calculate the Pass Through Costs for Utilities).
(c)
Pipework
(i)
Project Co will ensure that:
(A)
Minter Ellison | Ref: 30-5972805
as pipework proceeds, and before pipes are hidden or lagged, testing of the
various systems hydrostatically to twice the maximum working pressure,
as set out in AS 4041, is undertaken;
Ararat Prison Project Agreement – Schedule 10 | page 30
(d)
(g)
Project Co will affect all SMACNA tests and submit results, regulate and adjust
the volume control valves on all piping systems to achieve the water quantities
nominated and to the satisfaction of the State.
Project Co will perform, at appropriate times during the currency of site Works, all
tests required by Governmental Agencies who may from time to time have
jurisdiction over the work, and obtain the necessary certificates of approval.
(ii)
Project Co will lodge all these certificates of approval with the State.
Automatic controls
Project Co will be responsible for the setting and calibration of all automatic
controls, to achieve correct operation of the systems.
Noise and vibration
Project Co will, in areas as directed, carry out noise level and vibration tests to
ensure that the levels are acceptable.
Performance data sheets
(i)
(j)
Project Co will affect all SMACNA tests and submit results, regulate and adjust
the volume dampers on all ductwork systems to achieve the air quantities shown
on the Construction Documentation and to the satisfaction of the State.
(i)
(i)
(i)
similar tests are carried out on each system when all pipework has been
completed.
Governmental Agencies
(i)
(h)
(C)
Water quantities
(i)
(f)
test pressures are maintained for not less than four (4) hours prior to
inspecting all joints; and
Air quantities
(i)
(e)
(B)
Project Co will:
(A)
provide a complete check on all equipment supplied under this Project
Agreement, and calculate performance of equipment as installed,
performance data sheets shall be forwarded prior to system testing
commencing;
(B)
prepare sheets to cover all work involved in the mechanical systems; and
(C)
arrange for the tests to be carried out, and return all completed sheets to the
State.
Building tuning
(i)
Project Co will further to the commissioning described above, provide post
occupancy commissioning in order to optimise the building systems. This post
occupancy commissioning will consist of 30 hours of commissioning to be carried
out every 3 months for a twelve month period, for a total of 120 hours.
(ii)
The purpose of this commissioning is to improve energy efficiency and comfort
within the New Facility in all seasons.
(iii)
Project Co will be responsible for achieving optimised building system
performance and providing a report on the outcome to the State.
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 31
(k)
Building Management System
(i)
2.8
(A)
point-to-point communication testing;
(B)
testing of control strategies;
(C)
calibration testing;
(D)
testing of temperature control; and
(E)
testing of humidity control.
Vertical Transportation
(a)
2.9
Project Co will conduct testing of every function, connection, interface and control
mechanism supported by the BMS to the satisfaction of the State, including but
not limited to:
Acceptance testing
(i)
Project Co will test and demonstrate the operation ability of any lifts.
(ii)
The following lift services completion activities shall be completed by Project Co
to the satisfaction of the Independent Reviewer:
(A)
speed operational testing;
(B)
ride quality testing;
(C)
risk assessment reporting;
(D)
emergency mode testing;
(E)
trapped person alarm testing;
(F)
security key access testing;
(G)
full traffic analysis;
(H)
full test reports; and
(I)
statement of compliance for each lift.
Electrical Services
(a)
Acceptance testing
(i)
Minter Ellison | Ref: 30-5972805
Project Co will test and demonstrate operational readiness of the following
systems:
(A)
power factor correction unit;
(B)
main switchboard;
(C)
co-generator system;
(D)
UPS system;
(E)
standby generator system;
(F)
general lighting including compliance with all lux level requirements;
(G)
general power;
(H)
earthing system;
(I)
emergency and exit lighting;
Ararat Prison Project Agreement – Schedule 10 | page 32
(b)
(K)
lighting control and dimming systems;
(L)
building management services interfaces;
(M)
testing of all override control systems:
(N)
integrated systems testing; and
(O)
metering and sub-metering testing (including the ability to measure and
calculate the Pass Through Costs for Utilities).
Project Co will:
(A)
check that all earthing provided is installed and tested to the requirements
of AS/NZS 3000 and AS/NZS 3017;
(B)
test the main earth and submit test results to the State;
(C)
check all earthing terminations, and test the resistance and continuity of all
earthing and bonding conductors;
(D)
check that clear labels have been provided for the main earth and the
communications earth; and
(E)
provide separate test results for the Lightning protection system in terms of
the requirements of AS1768.
Switch and distribution boards
(i)
(d)
emergency and exit lighting monitoring system;
Earthing
(i)
(c)
(J)
Project Co will:
(A)
test the main switchboard and all distribution boards to demonstrate
operational functionality;
(B)
check that correct cartridges are fitted to all fuse holders and that all
overload relays have been correctly set;
(C)
check that all interlock circuits function correctly;
(D)
carry out insulation tests;
(E)
check that all circuit breakers function correctly;
(F)
check that spare HRC fuse cartridges and other spare parts have been
supplied and are fitted in racks provided;
(G)
check that all operating handles and other loose items have been supplied
and are in the correct storage positions;
(H)
touch up cabinet scratches and polish off any dirty marks; and
(I)
vacuum out all switchboard and control panel cabinets and refit removed
covers.
Thermographic scan
(i)
Project Co will:
(A)
Minter Ellison | Ref: 30-5972805
provide a thermographic scan of the entire electrical (power) installation
including interiors of switchboards as carried out by qualified personnel.
Ararat Prison Project Agreement – Schedule 10 | page 33
Two scans shall be carried out at a time to be mutually agreed with the
State (test 1 within four (4) weeks of Technical Completion); and
(B)
(e)
a comprehensive report is to be submitted within two (2) weeks following
the completion of each scan.
Load Capacity
(i)
Project Co must demonstrate and test the load capacity of all power points
operating simultaneously across the New Facility and Existing Facility.
(ii)
Project Co must confirm the operation of the electrical distribution infrastructure
and its ability to simultaneously supply every point across the New Facility and
Existing Facility continuously.
2.10 Communications systems
(a)
Acceptance testing
(i)
(b)
Project Co will be required to prove the following functionality for each
communication system. Stage 1 Technical Completion Tests will be conducted for
those systems that are delivered as part of the Stage 1 Facility. Complete system
tests will be required as part of the Stage 2 Technical Completion Tests, proving
the functional output of the system as a whole (including systems completed for
the Stage 1 Works), not just the technical operation of a selected component or
additional systems provided as part of the Stage 2 Works. It is expected that
Project Co will have thoroughly tested every component within a system and its
ability to perform the stipulated functions.
Structured cabling system
(i)
(ii)
Project Co will ensure the information and communications technology
commissioning process is closely coordinated with the information and
communications technology contractor (being a Subcontractor of Project Co) and
the engineering services commissioning. Major information and communications
technology commissioning stages shall include:
(A)
pre-deployment bench testing;
(B)
deployment of hardware;
(C)
programming;
(D)
testing of carrier interfaces, local area networks and wide area networks
links;
(E)
patching;
(F)
handset rollout;
(G)
wireless network testing and configuration; and
(H)
user acceptance testing.
During information and communications technology commissioning, Project Co
shall demonstrate that the Design Requirements and the other requirements of the
Agreement have been met, and must:
(A)
Minter Ellison | Ref: 30-5972805
conduct performance testing of all terminations and outlets in accordance
with AS/NZS 3080, AS/NZS 3087, the system manufacturer’s
requirements, and compliant with Class-E;
Ararat Prison Project Agreement – Schedule 10 | page 34
(c)
(d)
(C)
provide copies of the test result and Molex certification.
(i)
Project Co must ensure that the information and communications technology
contractor provides all specialist testing personnel for testing information and
communications technology equipment and systems in the equipment list; and
(ii)
Project Co must provide a project manager specifically allocated to managing the
information and communications technology installation, testing, commissioning
and handover. Project Co's project manager shall also closely coordinate with the
relevant State or the Precinct Operator’s representative to ensure that all
information and communications technology occupancy issues are coordinated
with the services commissioning and relevant Program.
MATV
Project Co will:
(A)
prove that the MATV system provides a signal on every channel free of
noise, horizontal bars, smearing, ghosting, hum, etc, scoring a grade four
or above of the impairment scale described on the ITU/R Recommendation
500-1, KYOTO, 1978, Vol. XI;
(B)
prove that the MATV system can provide the required level of signal to all
TVs across the Existing Facility and New Facility simultaneously;
(C)
prove that the MATV system and its component meet the requirements of
the Australian Standards;
(D)
prove that MATV points within the Existing Facility can display all
content served; and
(E)
provide that the Prisoner Information Channel software suite can create
media content sufficient to satisfy the State’s needs.
Public Address System (PAS)
(i)
(f)
perform testing as per Molex requirement; and
Communications testing personnel
(i)
(e)
(B)
Project Co will:
(A)
prove that control room staff can make announcements to any zone as well
as the Existing Facility and New Facility;
(B)
prove that the PAS allows announcements to be made from any handset in
the Existing Facility and New Facility;
(C)
prove that announcements are integrated to the cell intercommunication
system; and
(D)
prove the PAS provides the coverage dictated.
Voice Telecommunication System (VTS)
(i)
Minter Ellison | Ref: 30-5972805
Project Co will:
(A)
prove that VTS operates as a single integrated system across the Existing
Facility and New Facility;
(B)
prove that VTS provides the functionality required by DOJ TSM; and
Ararat Prison Project Agreement – Schedule 10 | page 35
(C)
(g)
Prisoner phone system
(i)
(h)
(i)
Project Co will:
(A)
prove the functionality of the Prisoner phone system; and
(B)
prove that recordings can be retrieved and played back for any
conversation in the span dictated.
Audio Visual (AV) system
(i)
All audio visual systems provided by Project Co shall be fully tested and
commissioned by Project Co at completion of the installation.
(ii)
Project Co will prove all of the AV functionality of each relevant Functional Unit.
(iii)
The Completion Manual shall include audio visual test log sheet forms.
(iv)
Project Co must ensure that all testing of the audio visual system is undertaken by
an experienced commissioning representatives of the installation company and,
where required, under the supervision of an accredited representative of the
particular equipment item’s manufacturer or supplier.
Video conferencing rooms
(i)
(j)
prove that VTS provides the call handling abilities stated from each type of
handset, anywhere within the Existing Facility and New Facility.
Project Co will prove the functionality of each video conferencing room.
Communications contractor manual
(i)
Minter Ellison | Ref: 30-5972805
Project Co must ensure that the information and communications technology
contractor prepares and, after completion of the information and communications
technology testing in accordance with this Section 2.9(j) of Appendix A, provides
to Project Co a manual including:
(A)
all data relating to the information and communications technology
systems, equipment and their interfaces;
(B)
details of the configuration and programming of equipment;
(C)
information on operation and maintenance of the information and
communications technology system and equipment;
(D)
cabling infrastructure drawings including the following details, and shall
be inclusive of all cables installed by Project Co:
(I)
fibre optic cabling infrastructure;
(II)
horizontal cabling;
(III)
patching records;
(IV)
cable risers;
(V)
cabling redundancy;
(VI)
building distributor rack layouts and rack elevations; and
(VII)
PABX Comms Room rack layouts and elevations.
Ararat Prison Project Agreement – Schedule 10 | page 36
(ii)
Project Co must ensure that the manual is prepared and presented in plain English
and in a manner that will enable non-technical personnel to obtain an
understanding of it.
(iii)
Project Co must provide the information and communications technology
contractor's manual as part of the Completion Reports.
2.11 Fire Protection Services
(a)
Acceptance Testing
(i)
Project Co will provide demonstration of the following system operations at
completion:
(A)
fire alarm system operation including point testing;
(B)
multi point aspirating smoke detection system operation;
(C)
full function fire alarm system test including operation of all interfaced
system for fire mode operation;
(D)
sprinkler and fire hydrant system flow testing to prove water supply; and
(E)
occupancy warning system testing.
2.12 Fire Engineering
(a)
Acceptance testing
(i)
Statements of compliance – fire safety engineer and building surveyor
(A)
Project Co must obtain from a registered fire safety engineer and building
surveyor, a statement that the New Facility and Existing Facility )if
applicable) complies with all Building Regulations, the Building Code of
Australia and any other applicable Laws and with all relevant Quality
Standards.
2.13 Hydraulic Services
(a)
Acceptance testing
(i)
Minter Ellison | Ref: 30-5972805
Prior to Technical Completion, Project Co will carry out the following
commissioning and testing requirements and provide full written reports of all
results:
(A)
all defective systems will be made operational to the full requirements set
out for each service; and
(B)
commissioning and testing will cover but be not limited to the testing,
operating and adjusting the following items:
(I)
air and flow test all sewer drainage and trade waste drainage
systems;
(II)
air and flow test all sanitary plumbing systems;
(III)
air and flow test all downpipes systems;
(IV)
in drain camera inspection of all gravity drainage lines;
(V)
pressure test all cold and heated water pipe lines;
(VI)
temperature control at all hot water outlets;
Ararat Prison Project Agreement – Schedule 10 | page 37
(VII)
operation of all fixtures, taps and points of demand;
(VIII) flow rates all fixtures fittings and points of demand;
(IX)
operational test of all fixtures and fittings simultaneously;
(X)
temperature within the heated water reticulation systems;
(XI)
operation of all water pumps;
(XII)
operation of all sewerage pumps;
(XIII) operation of all rainwater pumps;
(XIV) operation and temperature settings of hot water generation systems;
(XV) operation and temperature settings of solar systems;
(XVI) operation of all valves, backflow devices, pressure devices
temperature and controls and systems under operational conditions;
(XVII) BAS connections to building management systems; and
(XVIII) schedules for all equipment, valves and operational items.
(XIX) tank control systems testing; and
(XX) metering and sub-metering testing (including the ability to measure
and calculate the Pass Through Costs for Utilities).
(b)
Load Capacity
(i)
Project Co must demonstrate and test the capacity of the Hydraulics systems to
provide sufficient water to every tapping (e.g. basins, showers and toilets)
operating simultaneously across the New Facility and Existing Facility.
(ii)
Project Co must confirm the operation of the infrastructure and its ability to
simultaneously supply every point across the New Facility and Existing Facility
continuosly.
2.14 Civil Engineering
(a)
(b)
Acceptance testing
(i)
Project Co must provide a complete electronic set of as-built documentation of the
completed works together with copies of all approvals obtained for the works.
(ii)
Project Co must conduct testing of all stormwater management pumping systems
in accordance with authority discharge approvals.
Certification
(i)
A Form 11 certificate of compliance under the Building Code of Australia must be
obtained by Project Co for all elements of civil testing from an independent design
consultant.
(ii)
Proof must be provided that the design and construction of all civil works meets
Quality Standards, complies with all applicable Laws and that it satisfies the
Design Requirements in terms of design life, flexibility and sustainability.
2.15 Structural Engineering
(a)
Acceptance testing
(i)
Minter Ellison | Ref: 30-5972805
Project Co must provide:
Ararat Prison Project Agreement – Schedule 10 | page 38
(A)
evidence that the materials used and construction undertaken comply with
project requirements;
(B)
a complete set of as-built structural documentation in approved electronic
format; and
(C)
evidence that all variations and alterations made to the certified
documentation have been evaluated and approved.
2.16 [Not disclosed]
2.17 Integrated Testing
3.
(a)
The Completion Tests must include, as a minimum, testing which spans across all services
disciplines and other disciplines, as required to obtain satisfactory operation of an overall
system (Integrated Testing) at the completion of Stage 2 Works.
(b)
Without limiting paragraph (a), situations where Integrated Testing is required as a
minimum include:
(i)
critical operational tests of installations: computer rooms, control rooms,
emergency generators, co-generation plant, back-up system operation and
alarming;
(ii)
essential services systems: fire mode operation tests; and
(iii)
performance testing of systems or situations that cover more than a single
discipline: energy testing, load tests on mechanical and boiler systems, failure
simulation tests, running of services systems over the unoccupied testing period.
(c)
Integrated Testing must demonstrate that all systems and interfaces between systems are
operating correctly, ensuring that the operation of the system as a whole is successful.
(d)
Each phase of the Integrated Testing, to be agreed with the State, must be completed to the
satisfaction of the Independent Reviewer prior to commencement of the next test.
(e)
Project Co must ensure that all relevant Subcontractors:
(i)
are available for each Integrated Test; and
(ii)
provide Project Co Staff and resources necessary for each test, and that such
Project Co Staff has the suitable experience to deal with Defects or programming
faults found during Integrated Testing.
(f)
Where artificial loads (including heat and electrical) are required to enable a full load
testing to be carried out by Project Co, then Project Co must procure the temporary loads
as part of the Completion Tests;
(g)
Integrated Testing must only be carried out on completed systems
Commercial Acceptance Tests
(a)
Without limiting Section 2 of Appendix A to these Completion Requirements, the
Commercial Acceptance Tests must (to the extent they relate to the Stage 1 Works or the
Stage 2 Works) include:
(i)
evacuation procedure testing;
(ii)
testing of Plant and Equipment other than Category 3 Equipment and Category 4
Equipment; and
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 39
(iii)
(b)
4.
air quality tests.
Requirements in respect of testing equipment and testing personnel must be available for
testing prior to Stage 1 Technical Completion and Stage 2 Technical Completion (as
applicable).
Post Completion Testing
Without limiting Section 2 of Appendix A to these Completion Requirements, Project Co must
perform any Post Completion Tests described within the Completion Manual or the relevant
Completion Report.
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Annex A to the Completion Requirements
1.
2.
Effect of Annex A
(a)
The overriding obligation of Project Co in respect of the Completion Tests is that Project
Co must demonstrate that all of the Design Requirements in respect of the New Facility
have been met and that the New Facility is Fit for the Intended Purposes.
(b)
This Annex A sets out a non-exhaustive list of documentation, drawings, technical
manuals, registers and other such information relevant to the Security Systems as
described in section 13 of the Technical Specification that must be provided by Project Co
as part of the Completion Manual in order for Project Co to achieve Stage 1 Commercial
Acceptance and Stage 2 Commercial Acceptance.
(c)
This Annex A does not in any way limit Project Co's overriding obligations as set out in
paragraph (a).
Security System Documentation
Project Co must provide and update as necessary as part of the Completion Manual such
documentation as required to detail and describe each facet of the installed Security Systems (to
the extent that they relate to the Stage 1 Works or the Stage 2 Works) including:
(a)
system overview for each element of the Security System defining its function,
architecture, mode of operation, and components within that system;
(b)
full training modules for each Security System, complete with concise ‘cheat sheets’ of no
more than four (4) pages each describing the main functions and actions. Secondary
laminated sets must be provided to the Precinct Employees at the MCR and Gatehouse;
(c)
as built drawings for each Security System as well as overall systems integration
drawings. All drawings must be provided in CAD form with appropriate legends, title
block and revision numbers. As well as building layouts and system diagrams, as built
drawings are to include:
(i)
conduit runs, cable tray, catenary wire and duct routes and details of installation;
(ii)
schematic wiring diagrams for each type of equipment with correct circuit and
termination identification;
(iii)
full networking diagram including schedule of all assigned IP addresses, internal
and external;
(iv)
all structural penetrations;
(v)
fabrication drawings of all non-standard equipment; and
(vi)
rack layout elevations;
(d)
an electronic asset register of every component installed, detailing at a minimum; item no.,
serial number, description, model, make and physical location;
(e)
the cabling system must be fully documented on a cable schedule which must detail the
device location, equipment connection details, any auxiliary cabling and field cabling
including cable markings and cable type;
(f)
technical information (manufacturer’s brochure) on each installed component;
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(g)
all operations manuals for each installed component;
(h)
a copy of each piece of software on disk, to be supplied with a documented list of each
program installed, on which machine it is installed, the system it is associated with, and all
relevant licence numbers and related information (including expiry dates);
(i)
commissioning and testing data for each separate system and component. As an example
of layout:
(j)
(i)
alarm point schedule detailing at minimum: alarm type, model, make, text
descriptor on security system, control equipment location, powered from, input
number, all tests carried out, signed and dated;
(ii)
security panel schedule detailing at minimum: panel ID number, panel type,
model, make, additional expansion boards fitted, description, location, attached
devices, battery backup time, all tests carried out, signed and dated;
(iii)
cable test and Inspection results detailing at minimum: cable ID, cable type, cable
pair, description, cable route, originating equipment, destination equipment, input
number, all tests carried out, signed and dated; and
(iv)
camera test schedules detailing at minimum: camera number, model, make, type,
title on system, role, alarm associated with, image from camera showing current
field of view, camera settings, lens attached, housing and mounting details, tests
carried out, signed and dated. For PTZ cameras, an image must be attached for
each preset programmed, detailing appropriate preset title, role, preset settings,
etc;
all related maintenance documentation for each component. This must provide for each
manufacture’s literature, diagrams, illustrations, drawings and instructions to cover every
action necessary for the efficient maintenance of the installation. It must include:
(i)
a routine maintenance schedule detailing period of maintenance and activities
undertaken for each piece of equipment;
(ii)
supporting information such as keys or special tools required to carry out service;
(iii)
service history of repairs; and
(iv)
details of all warranties for equipment supplied;
(k)
four (4) hard copies of the manuals must be provided to the State, presented in hardcopy
format, correctly indexed and colour coded. Four (4) electronic copies on DVD must be
attached with each;
(l)
an electronic drawing register. The register must act as an over-arching program, be
integrated with each engineering service allowing all systems to be viewed and bringing
together all electronic drawings as a single interface. The system must support as a
minimum:
(i)
a high level view of the Precinct;
(ii)
each service and system to be designated as a layer;
(iii)
a drop down list allowing all layers to be turned on and off;
(iv)
the ability for a user to zoom in and out on the drawing with live updating of
drawing layers;
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Ararat Prison Project Agreement – Schedule 10 | page 42
(v)
the system must use a proportional zooming technique to allow only data for
drawings appropriate to the image size. Thus, drawings of a system within the
building must not be revealed until the operator has zoomed in to the building;
(vi)
ability to print the screen view to a file or printer;
(vii)
the ability for the electronic drawing register to be integrated with each
engineering service allowing all systems to be viewed; and
(viii)
the ability to update all material within the electronic drawing register throughout
the Term.
Minter Ellison | Ref: 30-5972805
Ararat Prison Project Agreement – Schedule 10 | page 43