STANDARD CONDITIONS FOR
GOULBURN VALLEY WATER
CONSTRUCTION CONTRACTS
CLIENT HANDBOOK FOR
CONSULTANTS
November 2011
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Client Handbook Revisions
Note: with each edit to this document, the following must be completed in the next available
blank row.
Date
Aug 2010
Sept 2010
Description of Change
Item 2 Annexure B – Clause 8.8 Precedence added to
AS2124 and AS4300
Item 10 OH&S – Model OHS Specification and Tender
Document Requirements revised
Initiator of
Change
Date
Updated
JX
Aug 2010
JX
Sept 2010
Oct 2010
Item 12 Consultant Monthly Reports deleted
JX
Oct 2010
Nov 2011
Authorised delegate text amended
SM
Nov 2011
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
CONTENTS
-
ITEM 1 ANNEXURE A – GENERAL CONDITIONS OF CONTRACT
1
-
ITEM 2 ANNEXURE B – GENERAL CONDITIONS OF CONTRACT
11
-
ITEM 3 ASSET REGISTER
25
-
ITEM 4 RECIPIENT CREATED TAX INVOICE AGREEMENT (RCTI) FORM
29
-
ITEM 5 INSTRUMENT OF AGREEMENT
31
-
ITEM 6 OPERATIONS & MAINTENANCE MANUALS
34
-
ITEM 7 PRACTICAL COMPLETION OF WORKS
35
-
ITEM 8 PROVISIONAL AMOUNT FOR CONTINGENCIES
37
-
ITEM 9 TENDERING
38
-
ITEM 10 OCCUPATIONAL HEALTH & SAFETY
67
-
ITEM 11 INSURANCE REQUIREMENTS
103
-
ITEM 13 VICTORIAN INDUSTRY PARTICIPATION POLICY
105
-
ITEM 14 CLERK OF WORKS
117
-
ITEM 15 INDUSTRIAL RELATIONS
123
-
ITEM 16 ENVIRONMENTAL POLICY
124
-
ITEM 17 SUSTAINABILITY POLICY
127
-
ITEM 18 EXPERT DETERMINATION
129
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 1
ANNEXURE A – GENERAL CONDITIONS OF CONTRACT
The attached Annexures Part A are to be inserted in all Contracts where AS2124 – 1992 and AS
4300-1995 are used.
These are default requirements with the Consultant to advise of any amendments proposed.
1
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
PART A
ANNEXURE to the Australian Standard
General Conditions of Contract, AS2124 - 1992
This Annexure shall be issued as part of the Tender Documents and is to be attached to the
General Conditions of Contract and shall be read as part of the Contract.
The law applicable is that of the state or
Territory of:
(Clause 1)
Victoria
Payments under the contract shall be made
at:
(Clause 1)
Shepparton, Victoria
The Principal:
(Clause 2)
Goulburn Valley Region Water Corporation
The address of the Principal
104 - 110 Fryers Street
SHEPPARTON 3630
(PO Box 185 Shepparton 3632)
Phone: 5832 0400
Fax:
5831 1467
The Superintendent:
(Clause 2)
Name of the Individual
The address of the Superintendent:
Limits of accuracy applying to quantities for
which the Principal accepted a rate or rates:
(Clause 3.3 b)
Contractor solely responsible for determining
quantities of all items (Lump sum contract
only).
Bill of Quantities – the alternative applying:
(Clause 4.1)
Alternative 1 (Lump sum contract only).
The time for lodgement of the priced copy of
the Bill of Quantities:
(Clause 4.2)
A priced bill of quantities must be lodged with
the tender (where applicable).
# Contractor shall provide security in the
amount of:
(Clause 5.2)
# Principal shall provide security in the
amount of: (Clause 5.2)
5% of the contract sum payable to the
principal
# The period of notice required of a party’s
intention to have recourse to retention
moneys and/or convert security (Clause 5.5)
14 Days
Nil
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Client Handbook for Consultants
The percentage to which the entitlement to
security and retention moneys is reduced:
(Clause 5.7)
Security 50%; Retention 50 %
Interest on retention moneys and security-the
alternative applying:
(Clause 5.9)
Alternative 2
The number of copies to be supplied by the
Principal:
(Clause 8.3)
2 copies of the Drawings and specifications.
The number of copies to be supplied by the
Contractor:
(Clause 8.4)
3 copies of the Drawings and specifications.
The time within which the Superintendent
must give a decision and return the
Contractor’s copies: ]
(Clause 8.4)
14 Days
Work which cannot be subcontracted without
approval:
(Clause 9.2)
Any work to be subcontracted requires
Superintendent approval.
The percentage for profit and attendance:
(Clause 11 b)
10%
The amount or percentage for profit and
attendance:
(Clause 11 c)
10%
Insurance of Works- the alternative applying:
(Clause 18)
Alternative 2
The assessment for insurance purposes of
the costs of demolition and removal
of debris:
(Clause 18 ii)
Not applicable
The assessment for insurance purposes
of the consultants’ fees:
(Clause 18 iii)
The value of the materials to be supplied
by the Principal:
(Clause 18 iv)
Not applicable
The additional amount or percentage:
(Clause 18 v)
Nil
Nil
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Public Liability Insurance- the alternative
applying:
(Clause 19)
Alternative 2
The amount of Public Liability Insurance shall
be not less than:
(Clause 19)
$10,000,000 per single occurrence.
The time for giving possession of the site;
(Clause 27.1)
14 days
# The time for Practical Completion
(Clause 35.2)
To be completed (Calendar Weeks)
# Liquidated Damages per day
(Clause 35.6)
To be completed
# Limit of Liquidated Damages
(Clause 35.7)
Clause deleted
# Bonus per
Completion:
(Clause 35.8)
day
for
early
Practical
Clause deleted
# Limit of Bonus:
(Clause 35.8)
Clause deleted
# Compensation for Delay Costs:
(Clause 36)
Nil
# The Defects Liability Period:
(Clause 37)
12 months
The charge for overheads, profit etc. for Day
work:
(Clause 41 f)
10%
Times for payment claims:
(Clause 42.1)
Middle of each month
Unfixed Plant and Materials for which
payment
claims
may
be
made
notwithstanding
that
they
are
not
incorporated in the Works:
(Clause 42.1 ii)
Nil
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Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Retention Moneys on:
(Clause 42.3)
(a)
Work incorporated into the Works
and any work or items for which a
different amount of retention is not
provided, 10% of the value until 5%
of the Contract Sum is held;
(b)
(c)
Items on Site but not yet incorporated
into the Works 100%
Items off site but in Australia 100%;
(d)
Items not in Australia 100%; and
(e)
Disbursements incurred by the
Contractor for customs duties,
freight, marine insurance, primage,
landing and transport in respect of
the work under the contract. 100%.
Unfixed Plant or Materials- the alternative
applying:
(Clause 42.4)
Alternative 2
The rate of interest on overdue payments:
(Clause 42.9)
Commonwealth Bank, Australia, commercial
overdraft rate prevailing at time of payment.
The delay in giving possession of the Site
which shall be a substantial breach:
(Clause 44.7)
21 days
The alternative required in proceeding with
dispute resolution:
(Clause 47.2)
Clause deleted
The person to nominate an arbitrator:
(Clause 47.3)
Not applicable
Location of Arbitration
(Clause 47.3)
Not applicable
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
PART A
ANNEXURE to the Australian Standard General Conditions
of Contract for Design and Construct, AS4300 - 1995
This Annexure shall be completed and issued as part of the tender documents and subject to any
amendments to be incorporated into the Contract, is to be attached to these General Conditions
of Contract and shall be read as part of the Contract.
1
The law applicable is that of the State or
Territory of:
(Clause 1)
Victoria
2.
Payments under the Contract shall be made at:
(Clause 1)
Shepparton, Victoria
3
The Principal:
(Clause 2)
Goulburn Valley
Corporation
4
The address of the Principal:
104 – 110 Fryers Street
Shepparton, Vic, 3630
Region
Water
(PO Box 185 Shepparton 3632)
Phone: 5832 0400
Fax:
5831 1467
5
The Contractor:
(Clause 2)
6
The address of the Contractor:
7
The Superintendent:
(Clause 2)
8
The address of the Superintendent:
9
#The Date for Practical Completion:
(Clause 2)
OR
# The period of time for Practical Completion:
(Clause 2)
10
Name of the Individual
Preliminary Design:
(Clause 2)
To be completed – Calendar Weeks
(A) A Preliminary Design is/is not
included in the Principal’s Project
Requirements
6
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11
The Principal’s Project Requirements are described
in the following documents (additional to those
listed in the Annexure item for Preliminary Design):
(Clause 2)
Documents describing the
Principal’s Project Requirements
are:

Specification No.

Drawings listed in
Specification

Contractor’s
documentation for
accepted design as listed in
the Letter of Acceptance.
12
Limits of accuracy applying to quantities for
which the Principal accepted rates:
(Clause 3.3 b)
Upper limit
Lower limit
13
#Contractor shall provide security in the
amount of:
(Clause 5.2)
5% of Contract Sum made
payable to the Principal
14
# Principal shall provide security in the amount
of:
(Clause 5.2)
Nil
15
Retention moneys shall be deducted progressively
as follows:
(Clauses 5.5 and 42.1)
10 per cent of the value of the
work incorporated into the
Works until 5 per cent of the
Contract Sum is reached
16
The period of notice required of a party’s intention to Not applicable – Clause
convert security into cash or to have recourse to
replaced in Annexure Part B
security or retention moneys:
(Clause 5.6)
17
The percentage to which the Principal’s entitlement
to security and retention moneys is reduced:
(Clause 5.8)
Security 50%, Retention 50%
18
The percentage to which the Contractor’s
entitlement to security is reduced:
(Clause 5.8)
Not applicable
19
Holding of and interest on cash security and
retention moneys – The alternative applying:
(Clause 5.10)
Alternative 2
20
The number of copies of documents to be supplied
by the principal:
(Clause 8.3)
Two copies of drawings and
specifications.
7
Not applicable
Not applicable
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Standard Conditions for Goulburn Valley Water Construction Contracts
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21
Documents, number of copies, and the times or
design stages at which they are to be supplied to
the Contractor:
(Clause 8.4)
Documents No. of Copies
Time/design Stage
As per Specification No.
22
The time within which the Superintendent must
give a decision as to the suitability of documents:
(Clause 8.4)
14 days
23
Work which cannot be subcontracted without
approval:
(Clause 9.2)
WORK BY
WORK BY
CONSULTANTS CONTRACTORS
All work
All work
24
Subcontractors or Selected Subcontractors whose
contracts the Principal may direct be novated:
(Clause 10)
Not applicable
25
The percentage for profit and attendance
(Clause 11 b)
Ten percent
26
Intellectual property rights granted to the Principal
– the Alternative applying:
(Clause 13.2)
Alternative 1
27
Legislative requirements not required to be
satisfied by contractor:
(Clause 14.1)
None
28
Insurance of the work under the Contract – the
alternative applying:
(Clause 18)
Alternative 2
If Alternative 1 applies
(a) The amount for demolition and removal of
debris
(Clause 18 ii)
Not applicable
(b) The amount for consultant’s fees:
(Clause 18 iii)
Not applicable
(c) The value of materials or things to be supplied
by the Principal:
(Clause 18 iv)
Nil
(d) The additional amount of percentage:
(Clause 18 v)
Nil
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Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
29
Public liability policy of insurance – the Alternative
applying:
(Clause 19)
Alternative 2
30
If Alternative 1 applies the amount of public
liability insurance shall not be less than:
(Clause 19)
Not applicable
31
Amount of Contractor’s professional indemnity
insurance shall not be less than:
(Clause 21)
$5,000,000
32
Period for which Contractor’s professional
indemnity insurance shall be maintained after
issue of the Final Certificate:
(Clause 21)
10 years or Victorian statutory
minimum limit, whichever is longest
33
Categories of Consultants and amounts of
Consultant’s professional indemnity insurance:
(Clause 21)
CATEGORY
34
Period for which each Consultant’s professional
indemnity insurance shall be maintained after
issue of the Final Certificate:
(Clause 21)
10 years or Victorian statutory
minimum limit, whichever is longest
35
The time by which access to the Site shall be
given:
(Clause 27.1)
14 days after the Date of
Acceptance of Tender
36
The time for giving possession of the Site to
enable the commencement of further work:
(Clause 27.1)
14 days after the Date of
Acceptance of Tender
37
The times by, or periods within which the
Superintendent is to furnish information,
materials, documents or instructions to the
Contractor:
(Clause 33.1)
Refer Specification
38
Events causing delay:
Clause replaced in Annexure Part B
-
industrial conditions
(Clause 35.5 a i)
Not applicable
inclement weather
(Clause 35.5 a ii)
# Rate of liquidated damages:
(Clause 35.6)
Not applicable
# Limit of Liquidated damages
(Clause 35.7)
No limit
39
40
AMOUNT $
Every Consultant $5,000,000
To be completed ($ per day)
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41
# Bonus for early Practical Completion:
(Clause 35.8)
Clause deleted
42
# Limit of bonus:
(Clause 35.8)
Clause deleted
43
# Other events for which extra costs for delay or
disruption are payable:
(Clause 36)
OTHER EVENTS
44
# The Defects Liability Period:
(Clause 37)
12 months
45
The charge for overheads, administrative
costs, site supervision, establishment costs,
attendance and profit for daywork:
(Clause 41 f)
Not applicable
46
(a) Times under the Contract for payment claims
(Clause 42.1)
OR
(b) Stages of the work under the Contract for
payment claims:
(Clause 42.1)
Middle of each month
47
Unfixed plant and materials for which payment
claims may be made before they are incorporated
in the Works:
(Clause 42.2)
Nill
48
The amount of additional security for unfixed plant
and materials:
(Clause 42.2)
N/A
49
The rate of interest on overdue payments:
(Clause 42.7)
Commonwealth Bank, Australia
Commercial Overdraft rate
prevailing at time of late payment
50
The delay in giving access to the Site which shall
be a substantial breach:
(Clause 44.7 c)
21 days
51
The delay in giving possession of the Site or
sufficient of the Site which shall be a substantial
breach
(Clause 44.7 d)
21 days
52
Further steps required before proceeding – the
Alternative applying:
(Clause 47.2)
Clause deleted
53
The person to nominate an arbitrator:
(Clause 47.3)
Not applicable
10
Not applicable
N/A
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 2
ANNEXURE B – GENERAL CONDITIONS OF CONTRACT
The attached Annexures Part B are to be inserted in all Contracts where AS2124 – 1992 ,
AS 4300-1995 and AS 4305-1996 are used.
These are default requirements with the Consultant to advise of any amendments proposed.
11
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ANNEXURE to the Australian Standard
General Conditions of Contract, AS 2124 -1992
PART B
This Annexure shall be issued as part of the Tender Documents and is to be attached to the
General Conditions of Contract and shall be read as part of the Contract.
DELETIONS, AMENDMENTS AND ADDITIONS
1.
The following Clauses or parts have been deleted from the General Conditions in AS 21241992:
Clause 35.7
Clause 35.8
Clause 45
Clause 47.3
2
The following provisions replace or amend as stated the corresponding provisions of the
General Conditions in AS 2124-1992:
5.4
Time for provision of Security
In Clause 5.4 the number 28 is replaced with the number 14.
5.5
Recourse to Retention Moneys and Conversion of Security
Clause 5.5 is replaced with:
5.5
Conversion of Security
The Contractor may not take any proceeding to enjoin or prevent the Principal from
exercising its rights under any unconditional undertaking.
7.
SERVICE OF NOTICES
Clause 7 is amended by inserting the following additional paragraphs at the conclusion of
the clause:Service of a notice by post will be deemed to have been effected within 3 days on the date
of posting; and
Service of a notice by facsimile will be deemed to have been effected at the time shown on
the transmission print-out by the facsimile machine transmitting the notice.
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8.1 Discrepancies
Clause 8.1 is amended by inserting the following additional paragraph at the conclusion of
the clause:Despite any other provision of the Contract the Contractor shall not be entitled to claim or to
recover any payment from the Principal for extra costs, expenses or losses resulting from
the resolution of any ambiguity or discrepancy which should reasonably have been
identified by the Contractor at the time of preparation of its tender for the Works.
8.6 Confidential Information
In Clause 8.6 the word “agreement” where it first appears is replaced with the words:“consent, which consent must not be unreasonably withheld”.
9.1
Assignment
The paragraph in Clause 9.1 is replaced with the following:(a)
The Contractor shall not assign mortgage charge otherwise encumber or declare itself
trustee or purport to so assign mortgage charge otherwise encumber or declare itself
trustee of or in relation to any of its rights under the Contract without the prior written
consent of the Principal.
(b)
For the purposes of this clause, a change in shareholding of the Contractor such that
a change in control of the Contractor occurs (whether occurring at the one time or
through a series of transfer;s or issues of securities) or a change or alteration occurs
in the corporate structure of the Contractor or the group of companies of which the
Contractor is a member which results in a person (including a corporation) other than
the shareholders of the Contractor at the date of this Contract:
(i)
controlling the composition of the board of directors;
(ii)
controlling the voting power of the board of directors or any class of
shareholders or both; or
(iii) holding more than one half of the issued share capital (either beneficially or
otherwise).
Shall be deemed to be an assignment of the Contract, and furthermore where the
Contractor is a subsidiary of a listed public company and a change in control of that listed
public company is effected solely by transfer of shares in the capital of that listed public
company, that change in control shall also be deemed to be an assignment of the Contract.
(c)
The Principal may at any time freely assign all or any part of its rights and/or
obligations under the Contract to any other person without the need to obtain the
consent of the Contractor. The Contractor agrees at its own expense, on the request
of the Principal, to do everything reasonably necessary to give effect to any such
assignment including, but not limited to, the execution of documents.
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9.2
Subcontracting
The following is added to the end of clause 9.2:Despite this Clause 9.2, the Contractor must comply with the requirements in the Schedule
of Incorporated Documents.”
15
PROTECTION OF PEOPLE AND PROPERTY
The words before “the Contractor shall” are deleted.
35.5 Extensions of Time for Practical Completion
Clause 35.5 (a) is deleted and replaced by:
(a)
delay occurring on or before the Date for Practical Completion limited to:-
strikes not limited to the Site and not caused by any act or omission of the
Contractor;
inclement weather at the Site.
40.1 Variations to the Works Under the Contract
The last paragraph is deleted.
40.5 Valuation
The last paragraph in Clause 40.5 is deleted.
42.7 Final Payment Claim
After the works “the last to expire” in Clause 42.5 the following works are inserted:“and upon completion to the reasonable satisfaction of the Superintendent of all remedial
work.”
47.2 Alternative 1
Delete “Within 14 days after service ….. refer such dispute to arbitration or litigation.”
47.2 Alternative 2
Delete “A party served with a notice …… refer such dispute to arbitration or litigation”
and replace with:
“A party served with a notice of dispute may give a written response to the notice
to the other party and the Superintendent within 28 days of the receipt of the
notice.
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Within 42 days of service on the other party and the Superintendent of a notice of
dispute or within 14 days of the receipt by the other party and the Superintendent of
the written response, whichever is the earlier, the parties at project level shall, confer
at least once to attempt to resolve the dispute. At any such conference, each party
shall be represented by a person having authority to agree to a resolution of the
dispute.
If no resolution of the dispute is achieved the parties shall refer the dispute to the
directors of the parties who within 14 days of the referral, shall confer at least once to
attempt to resolve the dispute.
If no resolution of the dispute is achieved either party may refer the dispute to an
expert in accordance with, and subject to, The Institute of Arbitrators & Mediators
Australia Expert Determination Rules.”
3.
The following Clauses have been added to those of AS 2124-1992:
8.8
Precedence
If the Contract contains any discrepancy or inconsistency then the order of precedence is:(a)
Post tender correspondence and tender in full;
(b)
Annexure to the Australian Standard General Conditions of Contract AS 2124–1992,
Part B;
(c)
General Conditions of Contract AS 2124–1992;
(d)
The General Specification;
(e)
The Technical Specification;
(f)
Appendices; and
(g)
Drawings and Schedule of Drawings.
14.5 Indemnity
The Contractor shall indemnify the Principal against any loss, cost or damage sustained by
the Principal as a result of the Contractor failing to comply with requirements of clause 14.1.
27.6 Contractor to Inform Itself
The Contractor has inspected and reviewed all information relevant to the Works, has
examined the Site and its surroundings, and accepts that the rates and lump sums specified
in the Contract includes the costs of complying will all its obligations under the Contract.
35.9 Conditions Precedent
Service by the Contractor on the Superintendent of notice claiming an extension of time
within the respective times stipulated in Clause 35.5 is a condition precedent to the
Contractors right to an extension of time for the relevant event or delay.
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42.12
Program and Payment
In addition to any other rights under the Contract the Principal may withhold 10% of any
progress payment or payments if:
(a)
the Contractor fails to provide a Contractor’s Program as required under the Contract;
and
(b)
if the Superintendent has served a notice on the Contractor stating its intention to
withhold payment until the Contractor provides a Contractor’s Program, and the
Contractor has not done so within 14 days of the date after the notice.
49
GOODS AND SERVICES TAX (GST)
(i)
GST Definitions
For the purpose of this Clause:
“GST” means GST within the meaning of the GST Act.
“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (as
amended).
“GST Related Tax Reform” includes any changes, reductions or abolition of any State,
Territory or Commonwealth taxes, excises, fees or imposts including, but not limited
to, financial transactions tax, wholesale sales tax, stamp duty, debits tax, associated
with the introduction of the GST Act.
Expressions set out in italics in this clause bear the same meaning as those
expressions in the GST Act.
(ii)
Amounts Otherwise Payable Do Not Include GST
To the extent that a party makes a taxable supply in connection with this Contract,
except where express provision is made to the contrary, and subject to this Clause,
the consideration payable by a party under this Contract represents the value of the
taxable supply for which payment is to be made.
(iii)
Liability to Pay GST
Subject to Clause 49 (iv) if a party makes a taxable supply in connection with this
Contract for a consideration which, under Clause 49 (ii), represents its value, then the
party liable to pay for the taxable supply must also pay, at the same time and in the
same manner as the value is otherwise payable, the amount of any GST payable in
respect of the taxable supply.
(iv)
Input Tax Credits
The Contractor must do all things reasonably available to it to ensure that the amount
of GST payable is minimised and the Principal’s ability to claim input tax credits is not
impeded in any way, including submitting payment claims in relation to supplies made
under this Contract as and when required by the Principal.
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(v)
Payment Claims
The Principal being the recipient of the supply will issue a Recipient Created Tax
Invoice (RCTI). The RCTI will be issued to the Contractor after the Contractor has
submitted a payment claim to the Superintendent.
The Contractor is registered for GST purposes and will notify the Principal in writing if
the Contractor ceases to be so registered.
The Contractor will not issue tax invoices in respect to any payment claims made
under the Contract.
The Principal is registered for GST purposes and will notify the Contractor in writing if
the Principal ceases to be so registered, or ceases to be eligible to issue a RCTI.
The Principal indemnifies the Contractor for any liability for GST and penalty that may
arise from an under statement of the GST payable on any supply for which it issues an
RCTI.
(vi)
Contractor to Pass on Cost Savings
From the date the GST is imposed, and at any time thereafter that the GST Related
Tax Reform takes effect as law, the Contractor will reduce the Contract Sum (with
consequential reductions to further payment to the Contractor under this Contract) to
the extent that the cost to the Contractor of making a supply under this Contract is
reduced, directly or indirectly, by the GST Related Tax Reform. The Principal may, at
any time, require the Contractor to submit evidence of the financial impact of GST
Related Tax Reform on the cost of making supplies under this Contract. The
Contractor will give the Principal access to such information and records as the
Principal reasonably requires to enable the Principal to make its own assessment of
such financial impact.
50
AMOUNTS INCLUDED IN CONTRACT SUM
(a)
The Contractor must allow for and ensure the payment of:
(b)
(i)
all customs duties, tariffs, goods and services taxes and similar taxes and
charges paid or payable on all plant and materials and the Works;
(ii)
all royalties, licence fees and similar and payments for intellectual property
rights in respect of all plant and materials and the Works; and
(iii)
all fluctuations in the value of the Australian dollar against other currencies.
All of the amounts which the Contractor must allow and pay under this clause are
included in the Contract Sum and the Contractor may not claim any adjustment to the
Contract Sum for any of those amounts.
17
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ANNEXURE to the Australian Standard General Conditions of
Contract for Design and Construct, AS 4300 -1995
PART B
This Annexure shall be issued as part of the Tender Documents and is to be attached to the
General Conditions of Contract and shall be read as part of the Contract.
DELETION, AMENDMENTS AND ADDITIONS
1.
The following Clauses or parts of Clauses have been deleted from the General
Conditions in AS 4300 – 1995:
Clause 35.7
Clause 35.8
Clause 45
Clause 47.3
2
The following provisions replace or amend as stated the corresponding provisions of the
General Conditions in AS 4300 – 1995:
5.4
Time for Provision of Security
In Clause 5.4 the number 28 is replaced with the number 14.
5.6
Conversion of Security and Recourse to Retention Moneys
Clause 5.6 is replaced with:
5.6 Conversion of Security
The Contractor may not take any proceedings to enjoin or prevent the Principal
from exercising its rights under any unconditional undertaking.
7
SERVICE OF NOTICES
Clause 7 is amended by inserting the following additional paragraphs at the
conclusion of the clause:
Service of a notice by post will be deemed to have been effected within 3 days of the
date of posting; and
Service of a notice by facsimile will be deemed to have been effected at the time
shown on the transmission print out by the facsimile will be deemed to have been
effected at the time shown on the transmission print-out by the facsimile machine
transmitting the notice.
18
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
8.1
Discrepancies
Clause 8.1 is amended by inserting the following additional paragraph at the
conclusion of the clause:
Despite any other provision of the Contract, the Contractor shall not be entitled to
claim or to recover any payment from the Principal for extra costs, expenses or losses
resulting from the resolution of any ambiguity or discrepancy which should
reasonably have been identified by the Contractor at the time of preparation of its
tender for the Works.
8.6
Confidential Information
In Clause 8.6, the word “agreement” where it first appears is replaced with the
words:
Consent, which consent must not be unreasonably withheld,
9.1
Assignment
The paragraph in clause 9.1 is replaced with the following:
(a)
The Contractor shall not assign mortgage charge otherwise encumber or
declare itself trustee or purport to so assign mortgage charge otherwise
encumber or declare itself trustee of or in relation to any of its rights under the
Contract without the prior written consent of the Principal.
(b)
For the purposes of this clause, a change in shareholding of the Contractor such
that a change in control of the Contractor occurs, (whether occurring at the one
time or through a series of transfers or issues of securities), or a change or
alteration occurs in the corporate structure of the Contractor or the group of
companies of which the Contractor is a member which results in a person
(including a corporation) other than the shareholders of the Contractor at the
date of this Contract:
(i)
controlling the composition of the board of directors;
(ii)
controlling the voting power of the board of directors or any class of
shareholders or both; or
(iii)
holding more than one half of the issued share capital (either beneficially
or otherwise),
shall be deemed to be an assignment of the Contract, and furthermore
where the Contractor is a subsidiary of a listed public company and a
change in control of that listed public company is effected solely by
transfer of shares in the capital of that listed public company, that
change in control shall also be deemed to be an assignment of the
Contract.
(c)
The Principal may at any time freely assign all or any part of its rights and/or
obligations under the Contract to any other person without the need to obtain
the consent of the Contractor. The Contractor agrees at its own expense, on the
request of the Principal, to do everything reasonably necessary to give effect to
any such assignment including, but not limited to, the execution of documents.
19
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
9.2
Subcontracting
The following is added at the end of clause 9.2:
Despite this clause 9.2, the Contractor must comply with the requirements in the
Schedule of Incorporated Documents.
15
PROTECTION OF PEOPLE AND PROPERTY
The words before “the Contractor shall” are deleted.
35.5 Extension of Time for Practical Completion
Clause 35.5(a) is deleted and replaced by:
(a)
delay occurring on or before the Date for Practical Completion limited to:
-
strikes not limited to the Site and not caused by any act or omission of
the Contactor;
-
inclement weather at the Site.
40.1 Variations to the Works Under the Contract
The last paragraph is deleted.
40.5 Valuation
The last paragraph in Clause 40.5 is deleted.
42.5 Final Payment Claim
After the words “the last to expire” in clause 42.5 the following words are inserted:
And upon completion to the reasonable satisfaction of the Superintendent of all
remedial work.
47.2 Alternative 1
Delete “Within 14 days after service ….. refer such dispute to arbitration or litigation.”
47.2 Alternative 2
Delete “A party served with a notice …… refer such dispute to arbitration or litigation”
and replace with:
“A party served with a notice of dispute may give a written response to the notice
to the other party and the Superintendent within 28 days of the receipt of the
notice.
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Within 42 days of service on the other party and the Superintendent of a notice
of dispute or within 14 days of the receipt by the other party and the
Superintendent of the written response, whichever is the earlier, the parties at
project level shall, confer at least once to attempt to resolve the dispute. At any
such conference, each party shall be represented by a person havi ng authority
to agree to a resolution of the dispute.
If no resolution of the dispute is achieved the parties shall refer the dispute to
the directors of the parties who within 14 days of the referral, shall confer at
least once to attempt to resolve the dispute.
If no resolution of the dispute is achieved either party may refer the dispute to
an expert in accordance with, and subject to, The Institute of Arbitrators &
Mediators Australia Expert Determination Rules.”
3.
The following Clauses have been added to those of AS 4300 – 1995:
8.8
Precedence
If the Contract contains any discrepancy or inconsistency then the order of
precedence is:(a) Post tender correspondence and tender in full;
(b) Annexure to the Australian Standard General Conditions of Contract for Design
and Construct, AS 4300–1995, Part B;
(c) General Conditions of Contract for Design and Construct, AS 4300–1995;
(d) The General Specification;
(e) The Technical Specification;
(f)
Appendices; and
(g) Drawings and Schedule of Drawings.
14.3 Indemnity
This Contractor shall indemnify the Principal against any loss, cost or damage
sustained by the Principal as a result of the Contractor failing to comply with
requirements of Clause 14.1.
27.6 Contractor to Inform Itself
The Contractor has inspected and reviewed all information relevant to the Works, has
examined the Site and its surroundings, and accepts that the rates and lump sums
specified in the Contract includes the cost of complying with all its obligations under
the Contract.
21
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
35.9 Conditions Precedent
Service by the Contractor on the Superintendent of notice claiming an extension of
time within the respective times stipulated in Clause 35.5 is a condition precedent to
the Contractor’s right to an extension of time for the relevant event or delay.
42.10 Program and Payment
In addition to any other rights under the Contract the Principal may withhold 10% of
any progress payment or payments if:
(a)
the Contractor fails to provide a Contractor’s program as required under the
Contract; and
(b) if the Superintendent has served a notice on the Contractor stating its intention
to withhold payment until the Contractor provides a Contractor’s Program, and
the Contractor has not done so within 14 days of the date after the
notice.
49
GOODS AND SERVICES TAX (GST)
(i)
GST Definitions
For the purpose of this Clause:
“GST” means GST within the meaning of the GST Act.
“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (as
amended).
“GST Related Tax Reform” includes any changes, reductions or abolition of any State,
Territory or Commonwealth taxes, excises, fees or imposts including, but not limited
to, financial transactions tax, wholesale sales tax, stamp duty, debits tax, associated
with the introduction of the GST Act.
Expressions set out in italics in this clause bear the same meaning as those
expressions in the GST Act.
(ii)
Amounts Otherwise Payable Do Not Include GST
To the extent that a party makes a taxable supply in connection with this Contract,
except where express provision is made to the contrary, and subject to this Clause,
the consideration payable by a party under this Contract represents the value of the
taxable supply for which payment is to be made.
(iii)
Liability to Pay GST
Subject to Clause 49 (iv) if a party makes a taxable supply in connection with this
Contract for a consideration which, under Clause 49 (ii), represents its value, then the
party liable to pay for the taxable supply must also pay, at the same time and in the
same manner as the value is otherwise payable, the amount of any GST payable in
respect of the taxable supply.
(iv)
Input Tax Credits
22
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
The Contractor must do all things reasonably available to it to ensure that the amount
of GST payable is minimised and the Principal’s ability to claim input tax credits is not
impeded in any way, including submitting payment claims in relation to supplies made
under this Contract as and when required by the Principal.
(vii) Payment Claims
The Principal being the recipient of the supply will issue a Recipient Created Tax
Invoice (RCTI). The RCTI will be issued to the Contractor after the Contractor has
submitted a payment claim to the Superintendent.
The Contractor is registered for GST purposes and will notify the Principal in writing if
the Contractor ceases to be so registered.
The Contractor will not issue tax invoices in respect to any payment claims made
under the Contract.
The Principal is registered for GST purposes and will notify the Contractor in writing if
the Principal ceases to be so registered, or ceases to be eligible to issue a RCTI.
The Principal indemnifies the Contractor for any liability for GST and penalty that may
arise from an under statement of the GST payable on any supply for which it issues an
RCTI.
(viii) Contractor to Pass on Cost Savings
From the date the GST is imposed, and at any time thereafter that the GST Related
Tax Reform takes effect as law, the Contractor will reduce the Contract Sum (with
consequential reductions to further payment to the Contractor under this Contract) to
the extent that the cost to the Contractor of making a supply under this Contract is
reduced, directly or indirectly, by the GST Related Tax Reform. The Principal may, at
any time, require the Contractor to submit evidence of the financial impact of GST
Related Tax Reform on the cost of making supplies under this Contract. The
Contractor will give the Principal access to such information and records as the
Principal reasonably requires to enable the Principal to make its own assessment of
such financial impact.
50
AMOUNTS INCLUDED IN CONTRACT SUM
(a)
(b)
The Contractor must allow for and ensure the payment of:
(i)
all customs duties, sales tax, tariffs, goods and services tax and similar
taxes and charges paid or payable on all plant and materials and the
Works;
(ii)
all royalties, licence fees and similar payments for intellectual property
rights in respect of all plant and materials and the Works; and
(iii)
all fluctuations in the value of the Australian dollar against other
currencies.
All of the amounts which the Contractor must allow and pay under this clause
are included in the Contract Sum and the Contractor may not claim any
adjustment to the Contract Sum for any of those amounts.
23
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ANNEXURE TO AS 4305 – 1996 MINOR WORKS CONTRACT CONDITIONS
AMENDMENTS/DELETIONS
Clause 31 is replaced by:
“A party served with a notice of dispute may give a written response to the notice to
the other party and the Superintendent within 28 days of the receipt of the notice.
Within 42 days of service on the other party and the Superintendent of a notice of
dispute or within 14 days of the receipt by the other party and the Superintendent of
the written response, whichever is the earlier, the parties at project lev el shall, confer
at least once to attempt to resolve the dispute. At any such conference, each party
shall be represented by a person having authority to agree to a resolution of the
dispute.
If no resolution of the dispute is achieved the parties shall refer the dispute to the
directors of the parties who within 14 days of the referral, shall confer at least once to
attempt to resolve the dispute.
If no resolution of the dispute is achieved either party may refer the dispute to
mediation by a mediator to be agreed between the parties or failing agreement within
5 days of the referral, by a mediator chosen by the President of the Institute of
Arbitrators and Mediators Australia.
If the dispute is referred to mediation, the parties agree that:
(a)
each shall bear their respective costs of the mediation save that the
mediator’s fees, fees for mediation rooms and costs of shared equipment,
facilities and services of the mediation shall be shared equally between the
parties;
(b)
the venue for the mediation shall be agreed between the parties or failing such
agreement, shall be nominated by the mediator appointed;
(c)
the parties may not be legally represented in the mediation unless the parties
agree otherwise;
(d)
complete confidentiality will be preserved in respect of the mediation and any
documents and information used at or in relation to the mediation; and
(e)
mediation proceedings shall not be used as evidence in any subsequent legal
proceedings or litigation.
In the event that the dispute cannot be resolved after the conclusion of the mediation,
either party may commence litigation in respect of it.
If litigation is not commenced within 28 days of the conclusion of the mediation, the
party who served the notice of dispute (if that party is the Contrac tor) shall be deemed
to have waived all of its rights in connection with the subject matter of the dispute
and shall be absolutely barred from making any claim against the Principal in
connection with the subject matter of the dispute and this Clause 31 ma y be pleaded
by the Principal as a bar to any such claim.”
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 3
ASSET REGISTER
The contractor is to provide an Asset Register at the completion of works to Practical Completion
using the sample format provided. The Certificate of Practical Completion will not be issued until
this information is provided.
Building assets listed in the Asset Register are to include area in square metres, building
materials used for floor, walls and roof and the buildings purpose.
The total value of the assets listed on the Asset Register including contractor installation costs is
to equal the final Contract Sum.
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
SAMPLE ASSET REGISTER
Tag Number
Description
Further
Details
Type
Manufacturer
Model No.
Nominal Size
Serial No.
Connection
Details
Supplier
Details
BACKWASH WATER SYSTEM
VALVES
V061
V062
V063
V064
V065
V066
V067
PUMPS
P009
Backwash Water Inlet Modulating Butterfly Keystone
Valve
Backwash Water
Pump 1 Isolation
Valve
Backwash Pump 1.
Backwash Water
Pump 1 Isolation
Valve
Backwash Water
Pump 2 Isolation
Valve
Backwash Pump 2.
Backwash Water
Pump 2 Isolation
Valve
Backwash Pump 1.
Motor
F1CLE2AE500mm
3.5UC/F79U091DA/F793EP
-LS
F1CLE2AE/F42 500mm
7
Flanged Table D Keystone
Manual
Butterfly Keystone
N/A
Manual
Check
John Valves
Butterfly Keystone
John Fig. 420
500mm
F1CLE2AE/F42 600mm
7
John Valves
Flanged Table D Keystone
Manual
Butterfly Keystone
F1CLE2AE/F42 500mm
7
Flanged Table D Keystone
N/A
Manual
Check
John Valves
Butterfly Keystone
John Fig. 420
500mm
F1CLE2AE/F42 600mm
7
John Valves
Flanged Table D Keystone
Mech.
Seal
MVE400x400380L
F280MK06
124H
Thompson
Kelly Lewis
Western
Electric
Flanged Table D Keystone
MV00110
6410526
Thompson
Kelly Lewis
Western
Electrical
Approx Cost
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Tag Number
P010
Description
Further
Details
Backwash Pump 2.
Motor
Type
Mech. Seal
Manufacturer
Model No.
Thompson Kelly MVE400x400Lewis
380L
Western Electric F280MK06
124H
Nominal Size
Serial No.
MV00111
6402833
Connection
Details
Supplier
Details
Thompson
Kelly Lewis
Western
Electrical
MISCELLANEOUS
4 x Backwash Troughs &
Installation
PF Engineering
PF
Engineering
PUMPS
P011
P012
Washwater Transfer
Washwater Transfer
PUMPS
P013
P014
Filtered Water Cell 1
Filtered Water Cell 2
Samples Pumps 2HM54
Samples Pumps 2HM54
Raw Water Turbidity
Analyser
ABB
4670-401
Instrumentation
Filtered Water
Turbidity Analyser
Floated Water
Turbidity Analyser
pH
Great Lakes
INSTRUMENTATION
AE038
AE039
AE040
AE069
Submersible ITT Flygt
Submersible ITT Flygt
Great Lakes
CP3067.18HT
CP3067.18HT
95T5A0B1N /
8224T2A0C3N
95T5A0B1N /
8224T2A0C3N
50 x 50mm Discharge
50 x 50mm Discharge
3612
3613
ITT Flygt
ITT Flygt
Lowara
Lowara
ABB
Instrument
ation
Combined
Instruments
Combined
Instruments
Approx
Cost
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Tag Number
Description
COMPRESSORS
C001
Compressor No. 1.
C002
Compressor No. 2.
Further
Details
Type
Rotary
Screw
Rotary
Screw
Manufacturer
Model No.
Nominal Size
Serial
No.
Connection
Details
Supplier
Details
Approx Cost
Champion
Compressors
Champion
Compressors
CSA7
31.7 cfm
Champion Compressors
CSA7
31.7 cfm
Champion Compressors
Champion
Compressors
Champion
Compressors
3211
MISCELLANEOUS
Vertical Air Receiver
Refrigerated Air
Drier
CED 103
Champion Compressors
52 cfm
Champion Compressors
10m x 6m x 3m
High (60m2)
Telfords
Building
Systems
EXAMPLE OF BUILDING DESCRIPTION
RAW WATER PUMP
STATION
Building - Tilt Slab
Concrete Walls,
Colourbond Steel
Roof, Concrete floor
28
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 4
RECIPIENT CREATED TAX INVOICE AGREEMENT (RCTI) FORM
All contractors are required to sign the attached RCTI form as part of the contract.
29
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
RECIPIENT CREATED TAX INVOICE AGREEMENT TO BE SIGNED BY CONTRACTORS
Supplier Details
Supplier Name:
Supplier ABN:
Supplier Address:
Recipient Details
Recipient Name:
Recipient ABN:
Recipient Address:
Goulburn Valley Water
84 578 076 056
PO Box 185 SHEPPARTON 3632
SUPPLIER AUTHORISATION
We the supplier as listed above hereby authorise Goulburn Valley Water to issue Recipient
Created Tax Invoices on our behalf for any progress claims in connection with any of our contracts
with Goulburn Valley Water.
We the supplier will not issue Tax Invoices in respect of amounts invoiced by Goulburn Valley
Water on our behalf.
We are registered for GST when signing this agreement and will notify Goulburn Valley Water
should we cease to be registered.
Signed on behalf of the supplier
Authorised Officer
RECIPIENT STATEMENT
Goulburn Valley Water acknowledges that it is registered for GST when it has entered into this
agreement.
We will notify the supplier if we cease to satisfy any of the requirements to issue Recipient
Created Tax Invoices in accordance with the GST Ruling on Recipient Created Tax Invoices (GSTR
2000/10)
Signed on behalf of Goulburn Valley Water
Authorised Officer
Dated:…………………….
30
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 5
INSTRUMENT OF AGREEMENT
The Form of Formal Instrument Agreement shall have the format provided as follows.
31
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
FORM OF FORMAL INSTRUMENT OF AGREEMENT FOR CONTRACTS OVER $1,000,000
AGREEMENT made ……………………….day of ………………………..2010
BETWEEN
……………
…………….
…………….
AND
Goulburn Valley Region Water Corporation
104-110 Fryers St
Shepparton 3630
IT IS AGREED that the annexed documents marked as follows:
TITLE
Letter of Acceptance dated ………
Post Tender correspondence per Attachment 1 of the Letter of Acceptance.
Tender dated ………
AS (Insert appropriate standard) General Conditions of Contract
AS (Insert appropriate standard) Annexure to General Conditions of Contract - Part A.
AS (Insert appropriate standard) Annexure to General Conditions of Contract - Part B
The Specification
shall together comprise Contract ………. between the parties AND if the contractor or Principal is
two or more persons they shall be bound jointly and severally.
Signed by the contractor:
THE COMMON SEAL OF
……………………………………………..
……………………………………………..
in the presence of
……………………………………………..
OR
SIGNED (SEALED AND DELIVERED by the said ……………………..
……………………………………………..
IN THE PRESENCE OF
……………………………………………..
Signed by the Principal:
The COMMON SEAL of the Goulburn Valley Region Water Corporation was hereto
affixed in the presence of:
……………………………………………………………. Chair/Non-Executive Director
……………………………………………………………. Secretary/Managing Director
32
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
FORM OF FORMAL INSTRUMENT OF AGREEMENT FOR CONTRACTS LESS THAN $1,000,000
AGREEMENT made ……………………….day of ………………………..2010
BETWEEN
........................................................
........................................................
........................................................
AND
Goulburn Valley Region Water Corporation
104-110 Fryers St
Shepparton 3630
IT IS AGREED that the annexed documents marked as follows:
TITLE
Letter of Acceptance dated ………
Post Tender correspondence per Attachment 1 of the Letter of Acceptance.
Tender dated ………
AS (Insert appropriate standard) General Conditions of Contract
AS (Insert appropriate standard) Annexure to General Conditions of Contract - Part A.
AS (Insert appropriate standard) Annexure to General Conditions of Contract - Part B
The Specification
shall together comprise Contract ………. between the parties AND if the contractor or Principal is
two or more persons they shall be bound jointly and severally.
Signed by the contractor:
THE COMMON SEAL OF
……………………………………………..
……………………………………………..
in the presence of
……………………………………………..
OR
SIGNED (SEALED AND DELIVERED by the said ………………………………….
……………………………………………..
IN THE PRESENCE OF
……………………………………………..
Signed by the Principal:
SIGNED for and on behalf of, and with the
authority of, the GOULBURN VALLEY REGION
WATER CORPORATION, by its authorised
delegate in the exercise of a power conferred by
an instrument of Delegation dated 1 May 2013
in the presence of:
)
)
)
)
)
............................................................
Witness Signature
33
…………………………………………………
(Signature)
…………………………………………………
Print Name (authorised delegate)
Position: ………………………………….
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 6
OPERATIONS & MAINTENANCE MANUALS
Standard O&M Manual documents may be downloaded from the Goulburn Valley Water
website www.gvwater.vic.gov.au under the Business – Contractors & Consultants section.
34
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 7
PRACTICAL COMPLETION OF WORKS
The following clauses shall be included in the Tender/Contract document.
35
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Practical Completion of Works
Practical Completion shall not be granted until the Contractor has completed successful testing and
commissioning, submitted “as-built” drawings, the Asset Register and Operations & Maintenance
Manual.
Defect Rectification
All defects noted at the time of issuing the Certificated of Practical Completion shall be completed within
28 days or a mutually agreed timeframe as determined by the Superintendent. Failure to rectify the
works within the timeframe shall result in the works being carried out by others at the Contractors cost.
These costs shall include all costs associated with the rectification work.
36
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 8
PROVISIONAL AMOUNT FOR CONTINGENCIES
No contingency amounts are to be allowed for in the Contract Schedules. However, consultants are to
allow for a contingency amount in the report on tenders with allowances made generally to the following
limits.

25% for projects that are at the concept stage.

15% for projects after the functional design is complete.

10% for projects (Contract Amount: 0 – $1,000,000) after the detailed design is complete

$100,000 + 5% for any dollar in excess of $1,000,000 for projects (Contract Amount: $1,000,000
– $2,500,000) after the detailed design is complete.

$175,000 + 21/2% for every dollar in excess of $2,500,000 for projects (Contract Amount:
$2,500,000 - $5,000,000) after the detailed design is complete
37
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 9
TENDERING
No projects are to be tendered without all relevant statutory approvals and conditions being confirmed in
writing and included, where appropriate, into the Tender documents.
Exceptions to this rule may be permitted where written confirmation is received from the Corporation.
The following section includes the Corporation’s General Conditions of Tendering and a generic Tender
Booklet for incorporation into tender documents. These documents have been compiled to reflect the
Corporation’s tendering policy.
The General Conditions of Tendering shall be amended only in line with the embedded notes and then
the Annexure completed.
The Tender Booklet shall be modified to reflect the works, including the standard form of contract and the
General Conditions of Tendering.
These are default requirements with the Consultant to advise the Corporation’s Project Manager of any
amendments proposed
38
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
CONDITIONS OF TENDERING
Invitation to Tender
The Goulburn Valley Region Water Corporation invites Tenders from suitably qualified Contractors for the
performance of a Contract is a Lump Sum Contract Not Subject to Rise & Fall or a Schedule of Rates
Contract Not Subject to Rise & Fall. (delete the type that does not apply – and this text)
Tenders subject to variation in prices and rates will be deemed as non-conforming.
Tender Documents and Enquires
Tender documents
can
be
http://www.gvwater.vic.gov.au/ .
obtained
from
the
Goulburn
Valley
Water
website
Enquiries in relation to the Tender should be addressed in the first instance to the person nominated in
Annexure A to Conditions of Tendering.
Tender documents may be inspected during business hours at the Fryers Street, Shepparton, office of the
Corporation.
Lodgement of Tenders
Tenders shall be lodged in the Tender Box at the Shepparton office of the Corporation and the Tender
shall comprise, at a minimum, the lodgement of the Tender Booklet. Tenderers that fail to include the
Tender Booklet in full will be deemed to be non-conforming.
The Tender shall be enclosed in a sealed envelope endorsed with “Tender Box” and the Corporation’s
Contract Number. Tender documents are to be printed double sided, and binding if used, shall be easily
removable.
Tenders submitted by mail are to be sent for delivery in the ordinary course of mail before the closing
time for lodgement of tenders.
Tenders transmitted by facsimile or email and received before the Tender closing time will be accepted.
The Corporation cannot guarantee the availability of its facsimile or email facilities to receive
transmissions at any time, so the Tenderer is solely responsible for the successful transmission of the
Tender prior to the close of the Tender. If transmitted by facsimile or email, the Tenders must include the
Tender Booklet in full and the original completed Tender Booklet must be received by the Corporation
within two working days of the closing time for lodgement of tenders. The facsimile number and email
details are in Annexure A to Conditions of Tendering.
The Tender Box is located at the following address:
104-110 Fryers Street
PO Box 185
SHEPPARTON Vic 3630
Tenders transmitted by facsimile or email
Facsimile – (03) 5831 1467
Email – tenders@gvwater.vic.gov.au
The Corporation is not responsible for any costs or expenses incurred by the Tenderer in preparing and
lodging its tender.
39
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Tenderer to Become Informed
The Tenderer shall: (a) Become fully informed of the contents of the Contract documents, the potential site
conditions and circumstances under which the Works are to be executed and without in any
way affecting the generality of the foregoing; to have carefully examined the Drawings,
Specifications, Schedules, and General Conditions of Contract and any reports, maps,
diagrams, drawings or other information which, not being part of the Specifications or
Drawings, are nevertheless available to the Tenderer from the Corporation.
(b)
Form conclusions, before submitting the Tender, as to the type and condition of ground and
services that are to be encountered at any Site.
(c)
Assess all aspects of the Works and make provision for any out of "usual hours" of work.
"Usual hours" of work means the hours between 8.00 am and 5.00 pm from Monday to
Friday inclusive, but excluding statutory public holidays.
(d)
For any unscheduled "out of hours" work, the Corporation shall provide supervision and/or
assistance, as required and will recover all reasonable costs, as assessed by the
Superintendent, from the Contractor.
The requirement for the Tenderer to inspect the site of the work prior to submitting the Tender is detailed
in Annexure A to Conditions of Tendering.
A site inspection may be arranged by contacting the person nominated in Annexure A to Conditions of
Tendering.
Should any tenderer be unable to attend at the specified time alternative inspection
arrangements may be made at the Corporation’s discretion.
No claims will be considered for extra costs arising from: (a) Failure on the part of the Tenderer to become fully informed of the contents of the Contract
documents.
(b)
The nature of the Corporation’s assets being different from that anticipated by the Contractor
at the time of Tendering.
If the Tenderer has any doubt as to the meaning or completeness of any portion of the Tender
Documents, the Corporation’s Contact identified above shall be asked for clarification, which when given,
shall only be valid if issued in writing. Any clarification given pursuant to this clause may also be issued
to all other prospective Tenderers.
Non-conforming Tenders
A non-conforming Tender is any tender which does not comply with all the requirements herein and the
Corporation may, in sole discretion, consider a non-conforming tender.
Any non-conforming tender shall fully detail all variances with the tender documents in the Schedule "Statement of Conformance" contained within the Tender Booklet.
No conditions or qualifications will be considered by the Corporation unless clearly stated in the Schedule
or the body of any letter accompanying the Tender. Printed conditions on the reverse side of any tender
letter shall be specifically excluded unless repeated in the Schedule or body of the tender letter.
The Corporation will not negotiate prices in relation to non-conformances. Tendered prices will not be
increased if non-conformance or conditions are deemed unacceptable unless they are priced with the
tender. Where unacceptable non-conformances are not priced the non-conforming tender will not be
further considered.
40
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Post Tender Submission
Notwithstanding any other requirements of the Tender Documents, the Corporation may require a
Tenderer to submit additional information concerning the Tender before any Tender is accepted.
Should the Tenderer fail to submit the information so required by the date and time stipulated, the
Tender may be deemed as non-conforming.
Acceptance of Tenders
The Corporation shall not be bound to accept the lowest or any Tender for the Work under the Contract.
The Corporation reserves the right to accept part or the whole of any offer received.
A Tender shall be accepted only by a notice in writing advising acceptance of the Tender by the
Corporation, which may be handed to, or posted by prepaid post to, or left at the address notified on the
Tender Form.
The successful Tenderer shall be deemed to have received such notice if posted by prepaid post at the
time it would normally be received in the ordinary course of the post at the address to which it is directed.
The Date of Acceptance of Tender shall be deemed to be the date, which appears on the notice in writing
of acceptance of Tender.
Withdrawal of Tenders
A tender may not be withdrawn prior to the expiration of 90 days following the date of closing of Tenders,
as notified in the advertisement or other instrument inviting the submissions of Tenders, unless with the
agreement of the Corporation.
Disclosure of Information
The Freedom of Information Act 1982 gives the public rights of access to information in the possession of
Government and its agencies, limited only by exemptions and exceptions required for the protection of
essential public interests and private and business affairs of persons, in respect of whom information is
collected and held by Government and its agencies.
Notwithstanding, until the Contract is awarded, the Corporation shall endeavour to maintain
confidentiality of price and other information submitted by the Tenderer. Following award of Tender,
unsuccessful tenderers will, on request, be notified of the name of the successful tenderer. No other
information regarding the successful tender will be provided. No information will be released regarding
unsuccessful tenders.
Ownership of Tender Documents
Tender documents are provided to prospective tenderers on a “Commercial in Confidence” basis, the
information contained herein is confidential and shall not be distributed or made public without the
written consent of the Corporation. Notwithstanding that a document deposit may be required the
documents shall remain the property of the Corporation.
Code of Practice for Tendering
All Tenderers must comply with the Victorian Government Code of Practice for the Building and
Construction Industry. Lodgement of a Tender shall be evidence of the Tenderer’s agreement to comply
with the Code throughout the tendering process and for the duration of any Contract that may be
awarded.
Failure to comply with the Code may be taken into account by the Corporation when considering this or
any subsequent tender and may result in this or any subsequent tender being passed over.
41
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Taxes and Duties
The Tender sum is deemed to be inclusive of all expenses of the Contractor, insurance, duties, imposts
and taxes, which shall be paid by the Contractor, but are exclusive of any GST.
The GST payable by the contractor under the GST law on the Contract sum, invoiced to the Corporation
under this Contract shall be paid by the Corporation to the Contractor.
Payroll tax shall be deemed to be included in the Tender prices.
The Tender prices shall be deemed to include any customs duty and any pri-mage applicable on all
imported materials, plant and equipment required in connection with the works under the Contract.
Review of Tenders
The Corporation is seeking to select the best value for money tender and the principal selection criteria
upon which tenders will be assessed, and the weighting to be given to each criterion, are indicated in
Annexure A to Conditions of Tendering.
(Note the following paragraph is to deleted if the Victorian Government’s “Victorian Industry Participation
Policy” does not apply – delete this text)
Assessment of the VIPP in the Evaluation Process will occur where there are two or more Tenders that
offer similar value for money, where the VIPP Statements may be used to differentiate between the value
and benefit of the tenders.
Capacity to Undertake Works
Tenderers are required to demonstrate their capacity to undertake the works and the number staff that
will be engaged on each project. Schedules for Relevant Experience, Management/Supervisory
Personnel, Sub-Contractors and Materials and Suppliers are contained within the Tender Booklet.
Time for Completion of Works
Tenderers are required to submit an outline Program of Works in the form of a time-based bar chart in
weeks from the date of Letter of Acceptance. A detailed program will be required at the time of
acceptance. A template for the outline program of works is contained within the Tender Booklet.
It is expected that the successful contractor will be able to commence work within the period indicated in
Annexure A to Conditions of Tendering of the tender being awarded, subject to the approval of plans and
receipt of any necessary clearances.
Tenderer OHS Management System Questionnaire
Tenderers shall complete the Tenderer OH&S Management System Questionnaire contained within the
Tender Booklet. Tenderers shall be required to verify their responses noted in the questionnaire by
providing evidence of their ability and capacity in relevant matters. By submission of the tender and
questionnaire the Tenderer acknowledges and confirms as accurate all details contained in the
questionnaire and any verifying documents.
Financial Assessments & Referee Checks
The Corporation may use an independent Assessor to conduct financial assessments and referee checks.
For this assessment to be completed, a representative from one of these organisations may contact you
requesting financial or other information. The independent assessment is specifically for use by the
Corporation for the purpose of evaluating tenders and will be treated as strictly confidential.
Submission of a Tender will be taken as agreement that the Tenderer agrees that it will co-operate with
an independent assessor during the conduct of financial assessments and referee checks.
42
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Collusive Tendering
To ensure that the tenderer has not entered into any inappropriate contract arrangement or
understanding to pay any monies to a trade association or with any other prospective tenderer, and that
the tenderer has no knowledge of the tender price or intended tender price of any other tenderer or
prospective tenderer, the tenderer shall complete the Statutory Declaration form included in the Tender
Booklet.
Industrial Relations
No claims by the Contractor for site allowance conditions that may apply to the project including those
existing from the Victorian Building Industry Agreement or any other industrial relations conditions or
disputes will be allowed by the Superintendent. It shall be the responsibility of the Contractor to negotiate
these aspects with the relevant Unions and bear any associated costs.
Victorian Industry Participation Policy
(Note this clause “Victorian Industry Participation Policy” is to deleted if the Victorian Government’s contribution the
contract is estimated to be less than $1million – delete this text)
The Tenderer is to provide a Victorian Industry Participation Policy (VIPP) Statement prepared in
accordance with the Guidelines for Preparation of VIPP Statements. A pro-forma for the submission of the
VIPP Statement is contained within the Tender Booklet.
The final method of ensuring Victorian Industry Participation will be negotiated with the best value for
money Tenderer and the approved method will be included in the successful Tenderers contract. This
may be used by the Department of State and Regional Development for future VIPP compliance auditing.
43
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Annexure A to Conditions of Tendering
Nominated Person for Tender Enquiries (Clause
0)
Nominated Person
Phone
Mobile
Fax
Email
Inspection of Site (Clause 0)
Lodgement of Tenders (Clause 0)
Tender Close Time & Date
Selection Criteria (Clause 0)
Time for Commencement (Clause 0)
A compulsory site inspection with representatives of
the Corporation is required.
Location:
Date & Time:
or
A compulsory site inspection is not required.
Delete which ever is not applicable (and this text)
By 2.00pm on Tuesday insert closing date (day month
year)
Criteria
Weighting
Initial Price
%
Relevant Experience & Track Record
%
Project Team & Management
%
OH&S System
%
Time Management
%
(Insert criteria and weighting – delete
%
this text)
(insert the number of weeks) Weeks
44
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
INSERT CONTRACT TITLE
CONTRACT NO. XX/XXXX/XX
TENDER BOOKLET
Goulburn Valley Region Water Corporation
104 – 110 Fryers Street (PO Box 185)
SHEPPARTON VIC 3630
45
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
THIS PAGE IS BLANK
Tenderer
Signature of Tenderer
Date of Tender
.......................................................................................................................................
......................................................... Name ..................................................................
.........................................................
46
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
This Tender Booklet comprises the following Tender Schedules
-
Tender Form
49
-
Schedule 1 – Tenderer Information
50
-
Schedule 2 - Statutory Declaration
51
-
Schedule 3 - Dissection of Lump Sum
52
-
Schedule 4 - Schedule of Rates
53
-
Schedule 5 – Personnel, Plant & Equipment
54
-
Schedule 6 - Relevant Experience
56
-
Schedule 7 - Management/Supervisory Personnel
57
-
Schedule 8 - Sub-Contractors
58
-
Schedule 9 - Materials and Suppliers
59
-
Schedule 10 - Program of Works
60
-
Schedule 11 - Tenderer OH&S Questionnaire
61
-
Schedule 12 - Receipt of Addenda
62
-
Schedule 13 - Tender Conformance
63
-
Schedule 14 - Recipient Created Tax Invoice Agreement
64
-
Schedule 16 - Victorian Industry Participation Policy (VIPP) Statement
65
Tenderer
Signature of Tenderer
Date of Tender
.......................................................................................................................................
......................................................... Name ..................................................................
.........................................................
47
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
THIS PAGE IS BLANK
Tenderer
Signature of Tenderer
Date of Tender
.......................................................................................................................................
......................................................... Name ..................................................................
.........................................................
48
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Tender Form
(Insert tender form relevant to the general conditions of contract – delete this text)
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
49
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 1 – Tenderer Information
Tenderers are required to provide contact information as follows:
Business Name
ABN Number
Address
Contact Details
Name
Address
Telephone No.
Fax No.
Mobile No.
Email
Alternative
Contact
Name
Address
Telephone No.
Fax No.
Mobile No.
Email
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
50
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 2 - Statutory Declaration
This Statutory Declaration forms part of a tender submitted by __________________________ for
Contract No. insert contract number of Goulburn Valley Water for the insert contract title.
I,__________________________________________________________________________
of _____________________________________________ in the State of ________________
sincerely declare
THAT
1.
I hold the position of ___________________________________________ and am duly
authorised by _______________________________________________ ("the Tenderer")
to make this declaration on its behalf.
2.
*
Neither the Tenderer nor any of its servants or agents has entered into any
contract, arrangement or understanding to pay monies to any trade association, apart
from the normal amount (annual subscription, turnover or contract fee) imposed by that
trade association
or
*
the Tenderer has agreed to pay a special fee to a trade association of
$_____________ if it is successful in the tender.
(* Delete and initial as may be appropriate)
3.
Neither the Tenderer nor any of its servants or agents had any knowledge of the price of
any other tenderer prior to submitting its tender nor has the Tenderer or any of its
servants or agents disclosed to any rival tenderer the Tenderer's price prior to the
closing of tenders.
4.
The Tenderer submitted its tender in good faith and has not deliberately set its tender
price above the level of rival tenderers.
5.
As at the date of this declaration, the Tenderer intends to do the work set out in the
tender.
6.
Neither the Tenderer nor any of its servants or agents has entered into any contract,
arrangement or understanding for the purpose or one of the purposes being that, in the
event that it is successful in the tender, it will pay to any unsuccessful tenderer any
moneys in respect of or in relation to the tender or any contract resulting there from.
AND I make this solemn declaration conscientiously believing the same to be true and by virtue of
the provisions of an Act of the Parliament of Victoria rendering persons making a false declaration
punishable for wilful and corrupt perjury.
DECLARED at ______________in the in the State of _____________ this
day of ______________ Two thousand and Seven_____________
Before ___________________________
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
51
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 3 - Dissection of Lump Sum
(Note this schedule is only required where the works are a Lump Sum contract – if not delete this
schedule – delete this text)
The Tenderer shall provide a priced breakdown of the various components of work and activities.
Tenderers may, if desired, add addition items to the Dissection to more fully describe the work
offered. The Dissection of Lump Sum will be used for tender assessment, to assess progress of
the works, for the determination of progress payments and for the assessment of variation
claims.
Item
Description
Unit
Quantity
Unit Price
$¢
Amount
$¢
Total Sum (Excluding GST)
The dissection amounts shown above shall be exclusive of any Goods and Services Tax whether
levied on inputs to the work under the Contract or on the work under the Contract. Any such
Goods and Services Tax costs so levied shall be to the account of the Corporation.
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
52
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 4 - Schedule of Rates
(Note this schedule is only required where the works are a Schedule of Rates contract – if not
delete this schedule – delete this text)
The Schedule of Rates shall be used for tender assessment, to assess progress of the works, for
the determination of progress payments and for the assessment of variation claims. Tenderers
shall make all allowances in the rates for all temporary facilities, site establishment, equipment
servicing and maintenance, power, fuel and other consumables, transport fees, overheads,
complying with the General Conditions of Contract, the specification, insurances, fees and profit.
Item
Description
Unit
Quantity
Unit Price
$¢
Amount
$¢
Total Sum (Excluding GST)
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
53
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 5 – Personnel, Plant & Equipment
The Tenderer shall provide a list of the resources to be used on this contract and the working rate
(and, where applicable, the standby rate) sought for the use of the resource on any additional
works requested and approved by the Superintendent including dayworks. The rates shall include
all overhead administrative costs, all operator costs including site allowances, mobilisation costs,
fuel, servicing, profits and taxes etc., but excluding supervision costs for the resource and
excluding GST.
Tenderers are also required to provide the charge (expressed as a percentage of cost) to be
applied to the actual cost of materials, services and subcontract work to cover the Contractor's
overheads, administrative costs, site supervision, establishment costs, attendance, taxes and
profit.
The rates nominated below will be used by the Superintendent to make evaluations under the
General Conditions of Contract.
Personnel
The unit rates of personnel and labour are to be inclusive of all costs to the Principal irrespective
of the number of hours worked each week. Where appropriate, rates shall include the cost of
vehicles, travelling and accommodation.
This Schedule is for the purpose of assessing variations and also for use if daywork is ordered by
the Superintendent.
Labour rates per man-hour shall include the supply of all necessary tools and consumables
incidental to the work and a percentage on cost for overheads and profit.
Normal
Overtime
Classification
Hourly
Hourly
Rate
Rate
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
54
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Plant
The provision for the mobilisation of plant to site is to be included in the equipment hourly rate.
Rates shall include all costs including mobilisation costs, fuel, servicing, profits and taxes
excluding GST. Payment for equipment on daywork will be based on actual equipment working
hours.
Item
Description
(ie. make, model, HP, capacity etc.)
Normal
Hourly
Rate
Overtime
Hourly
Rate
Materials, Services and Sub-Contracts
Tenderers are to provide the percentage to be added to the actual cost of materials and services
supplied for dayworks to cover overheads and profits.
Materials
........................................................... %
Services
........................................................... %
Sub-Contracts
........................................................... %
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
55
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 6 - Relevant Experience
The Tenderer is to list comparable works or significant works completed within the last five years.
Ref No.
Project and
Principal
Value of Project
Value of Works to
Complete
Scheduled
Completion Date
1.
2.
3.
4.
5.
6.
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
56
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 7 - Management/Supervisory Personnel
The Tenderer is to list management and supervisory personnel.
Personnel
Name
Experience & Qualifications
Contract
Commitment
(FT/PT
Percentage)
1. Project Manager
2. Site Manager /
Foreman
3. Quality
Management
Representative
4. Environmental
Management
Representative
5. First Aid Officer
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
57
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 8 - Sub-Contractors
The Tenderer is required to provide the names of the firms to whom the tenderer, if its tender is
successful, would subcontract works or supply materials required for the works.
The tenderer will be deemed to have satisfied itself that each of the proposed subcontractors and
suppliers is fully competent to execute those portions of the work that would be allocated to
them, in full compliance with the Contract.
If the tender is subsequently accepted by Goulburn Valley Water such acceptance will not
constitute approval by the Superintendent pursuant to the General Conditions of Contract. The
tenderer acknowledges that any change or addition to this list that the Contractor may desire will
be subject to the prior approval of the Superintendent.
Component of Work to be Sub-Contracted
Tenderer
Signature of Tenderer
Date of Tender
Name(s) and Address(es) of Sub-Contractors for
Each Component to be Sub-Contracted
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
58
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 9 - Materials and Suppliers
The Tenderer is to advise the proposed materials and suppliers to be used for the projects.
Name(s) and Address(es) of Supplier for each
material
Proposed Material
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
59
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 10 - Program of Works
Item Description
1
2
3
4
5
6
7
8
9
10
Week
11
12
13
14
15
16
17
18
19
20
The Tenderer shall provide a program of works. The Program of Works submitted with the tender
shall conform to all requirements of the Specification.
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
60
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 11 - Tenderer OH&S Questionnaire
This questionnaire forms part of the Corporation’s tender evaluation, which must be
completed by tenderers and submitted with a tender offer.

GVW has a responsibility to ensure contractors that perform works can adequately manage
their own health and safety. This questionnaire provides us with an overview of your
organisation’s OHS management system.

The answers to the questionnaire will be reviewed by GVW as part of the tender evaluation.
Answers must be correct and able to be verified.

Tenderers may be required to verify their responses before or at the tender interview.

Yes
1.
Do you have a documented health and safety policy? If yes provide a copy
2.
Do you have an OH&S manual or plan? If yes provide a copy of contents page(s).
3.
Are health and safety responsibilities clearly identified for all levels of staff?
4.
Have safe operating procedures or specific safety instructions been prepared relevant to
your operations? If yes, provide a summary listing of procedures or instructions.
5.
Do you have any permit to work systems? If yes, provide examples of permits:
6.
Do you have a documented incident investigation procedure? If yes provide a copy of a
standard incident report form.
7.
Are there procedures for maintaining, inspecting and assessing the hazards of plant
operated/owned by the company? If yes provide copies of sample procedures
8.
Are there procedures for storing and handling hazardous substances? If yes provide
copies of sample procedures
9.
Are there procedures for identifying, assessing and controlling risks associated with
manual handling? If yes provide copies of sample procedures
No
10. Is a record maintained of all training and induction programs undertaken for employees
in your company? If yes, provide examples of safety training records
11. Are regular health and safety inspections at worksites undertaken? If Yes, provide details
of when and by whom:
12. Are standard workplace inspection checklists used to conduct health and safety
inspections? If yes, provide an example:
13. Are toolbox meetings regularly held where health and safety issues may be raised and
discussed
14. Has the company ever been convicted of an offence by the Victorian WorkCover Authority
or an Authority in another State? If yes provide details.
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
61
N/A
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 12 - Receipt of Addenda
The Tenderer is to acknowledge that it received the addenda listed below during the tender
period and that the tender has been prepared having regard to these addenda.
Addenda No.
Brief Description
(e.g. Specification page No., clause No., Schedule No.)
Date Received
This Tender has been prepared having regard to the addenda listed above.
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
62
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 13 - Tender Conformance
The Tenderer is to signify whether or not its Tender conforms to the requirements of the Tender
documents by striking out below ** that which is not applicable.
This Tender ** does / does not ** conform.
Should the Tender not conform with the requirements of the Tender Documents, the Tenderer
shall list below all areas of non-conformance and the reasons for such non-conformance.
Specification Clause
Details of Non-Conformance
……………………………..
……………………………………………………………………………………………………….
………………………………
………………………………………………………………………………………………………..
………………………………
………………………………………………………………………………………………………..
………………………………
………………………………………………………………………………………………………...
………………………………
…………………………………………………………………………………………………………
………………………………
…………………………………………………………………………………………………………
………………………………
…………………………………………………………………………………………………………
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
63
GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 14 - Recipient Created Tax Invoice Agreement
Supplier Details
Supplier Name:
Supplier ABN:
Supplier Address:
...................................................................................................................
...................................................................................................................
...................................................................................................................
Recipient Details
Recipient Name:
Goulburn Valley Water
Recipient ABN: 84 578 076 056
Recipient Address:
PO Box 185, Shepparton Vic 3632
Supplier Authorisation
We the supplier as listed above hereby authorise Goulburn Valley Water to issue Recipient
Created Tax Invoices on our behalf for any progress claims in connection with any of our contracts
with Goulburn Valley Water.
We the supplier will not issue Tax Invoices in respect of amounts invoiced by Goulburn Valley
Water on our behalf.
We are registered for GST when signing this agreement and will notify Goulburn Valley Water
should we cease to be registered.
Signed on behalf of the supplier
..................................................................
Authorised Officer
Recipient Statement
Goulburn Valley Water acknowledges that it is registered for GST when it has entered into this
agreement.
We will notify the supplier if we cease to satisfy any of the requirements to issue Recipient
Created Tax Invoices in accordance with the GST Ruling on Recipient Created Tax Invoices (GSTR
2000/10)
Signed on behalf of Goulburn Valley Water .............................................................
Authorised Officer
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
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GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Schedule 15 - Victorian Industry Participation Policy (VIPP)
Statement
(Note this schedule “Victorian Industry Participation Policy” is to deleted if the Victorian Government’s
contribution the contract is estimated to be less than $1million – delete this text)
Tenderers are required to demonstrate that they have considered the industry development
implications of their tender according to the Victorian Government’s Industry Participation Policy.
1.
Value Added Activity
Tenderers should specify the level of local (Victorian/Australian/NZ) value added activity,
expressed as a percentage of the overall contract price. (A definition of value added is provided in
the “Guidelines for Preparation of VIPP Statements”).
Tenderer’s Response
2.
Employment
Tenderers should provide details of actual new employment opportunities to be created and the
proportion of these opportunities, which will be filled by people from the local communities
involved.
Tenderer’s Response
3.
Skills and Technology Transfer
Tenderers should identify opportunities for increasing the skills of Victorians and Australians and
the potential to undertake the innovation, research and development of technology.
Tenderer’s Response
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
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GOULBURN VALLEY REGION WATER CORPORATION
Contract insert contract number insert contract title
Tenderers are also to nominate the method of assessment to ensure that contractor compliance
with the VIPP Statement is achieved during the contract duration. The method of assessment
should set out how and how often the achievement of local industry participation levels would be
monitored and reported.
VIPP Performance Standards (Note: these are indicative only of the methodology to be applied. A timeline and
measured milestones may be more appropriate in some cases).
Benefit
Outcome
Measure
The final method of assessment will be negotiated and the approved method will be included in
the successful tenderers contract. This may be used by the DSRD for future VIPP compliance
auditing.
Tenderer
Signature of Tenderer
Date of Tender
........................................................ .............................................................................
........................................................ Name .................................................................
........................................................
66
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 10
OCCUPATIONAL HEALTH & SAFETY
The following section includes clauses relating to OHS requirements of tenderers to be
incorporated into specification and tender documents. The requirements should then be
specifically incorporated into the contract. This can be easily achieved by a suitable clause in the
contract that references the OHS specification requirements.
Also included are guidelines for the preparation of risk assessments and health
and safety plans which are to be included in the tender documents.
Guidelines for the review of the risk assessments, health and safety plans.
Tenderer OH & S questionnaires and sample OH & S site
inspection checklist are provided for the Consultants information.
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Model OHS Specification and Tender Document Requirements
Clauses for All Contracts
(Cut and paste the relevant clauses into the contract documentation – delete this text)
Clause 1 General Occupational Health & Safety Requirements
The Principal is obliged to provide and maintain, so far as is practicable, a working environment
for its employees and members of the public, that is safe and without risk to health. As a
condition of this Contract, the Principal requires that any Contractors or subcontractors that may
be engaged to perform works on its behalf shall at all times identify and exercise all necessary
precautions for the health and safety of all persons including Contractor employees, the
Principal’s employees and members of the public who may be affected by the services.
The Contractor shall inform itself of all occupational health and safety policies, procedures or
measures implemented or adopted by the Principal and/or the occupiers of any premises at or
within which the Contractor will perform Works under this Contract.
The Contractor shall comply with all such policies, procedures or measures; and in the event of
any inconsistency, will comply with such procedures or measures as they produce the highest
level of health and safety.
For Principal managed work sites the Contractor’s occupational health and safety representative
must be inducted to the specific work site by the Principal. The Principal provided induction
training shall be integrated into the Contractor’s health and safety documentation prior to
commencing the Works under the Contract.
The Contractor shall forthwith comply with any and all directions by the Principal relating to
occupational health and safety.
All Contractors and their employees must have a Construction Induction Card issued by WorkSafe.
Clause 2 Legislative Compliance
The Contractor shall comply with and ensure that its employees, subcontractors and agents
comply with any Acts, regulations, local laws and by-laws, Codes of Practice, Australian Standards
and the Principal’s relevant occupational health and safety policies and procedures which are in
any way applicable to this Contract or the performance of the Works under this Contract.
Clause 3 Contractor Health and Safety Co-ordination Plan
(Delete this clause if Works are not Major Works – and this text)
The Contractor, must as a minimum requirement, demonstrate compliance with all duties of an
employer specified in the Occupational Health and Safety Act 2004.
Prior to commencing the Works under the Contract on site the Contractor shall submit to the
Superintendent, for approval, a Health and Safety Co-ordination Plan specific to the Works under
the Contract. The Health and Safety Co-ordination Plan shall consider and respond to the specific
occupational health and safety hazards and issues relevant to the Works under the Contract and
shall document the systems and methods to be implemented for the term of the Contract. The
Contractor shall complete the Health and Safety Co-ordination Plan in conformance with
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
requirements set out in the Principal Guidelines for Preparing Health and Safety Co-ordination
Plans (Appendix XX).
The Contractor’s Health and Safety Co-ordination Plan shall include as a minimum the following:
a) Company OHS policy and objectives;
b) Organisation structure & responsibilities - list of the names, positions and responsibilities
of all persons whom will have specific responsibilities for health and safety;
c) Arrangements for the co-ordination of the health and safety of persons engaged to
perform construction work;
d) Arrangements for Incident Management;
e) Site Safety Rules, with the arrangements for ensuring that all persons at the workplace
are informed of the rules;
f)
Risk Assessments, Safe Work Method Statements, practices and procedures;
g) OHS Training and Induction;
h) OHS Auditing and Inspection procedures;
i)
OHS Consultation procedures;
j)
Arrangements for preventing and responding to bullying in the workplace;
k) Arrangements for the Plan to be monitored, maintained and kept up to date; and
l)
OHS Performance monitoring.
A copy of the Health and Safety Co-ordination Plan and of any revisions to the Plan are to be
available at site for the duration of the Works under the Contract. The Health and Safety
Co-ordination Plan must available for inspection by all persons involved in the Work under the
Contract.
Clause 4 Risk Assessment
The Contractor shall prepare and submit Risk Assessments prior to commencing the Works under
the Contract. The Principal’s Job Safety and Environmental Assessment (JSEA) Form (or similar)
shall be used to record the risk assessment and risk control methods to be employed by the
Contractor.
The Contractor shall prepare and submit Safe Work Method Statements for all high risk
construction Works under the Contract.
The completed Risk Assessment and Safe Work Method Statements shall be submitted to the
Superintendent for approval prior to commencement of Works under the Contract.
A preliminary risk assessment of the Works has identified the following possible risks associated
with the Works:



Project Team is to compile a list of potential risks (add additional risks that are identified
and delete those risks that do not apply – and this text)
Manual handling;
High Risk Construction works;
o Excavations – trenches and shafts;
o Working near overhead and underground services;
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Working with asbestos;
Working on or near roadways;
Working on or near railways;
Hot works activities;
Works in a confined space;
Working at height;
Powered mobile plant;
Works in, over or adjacent to water or other liquids where there is a risk of
drowning;
o Works involving diving;
o Works involving demolition;
Exposure to hazardous substances;
Ultra violet radiation and sun;
Working with electrical tools;
Provision of sanitary facilities;
First aid management;
Public access;
o
o
o
o
o
o
o
o






The Contractor shall include assessment of these risks when completing the Risk Assessments
and Safe Work Method Statements for the Works under the Contract.
The Principal’s requirements for minimising risks associated with exposure to ultra violet radiation
when working in sunlight are that all Contractor employees, including subcontractors, must wear
long sleeved shirts with a collar and long trousers. The Contractor shall also given consideration
to providing broad brimmed hats, brim attachments or neck flaps for hard hats, sunglasses and
sunscreen.
Note - The specific requirements of the Principal related to the management of the preliminary
risks identified that are different then that would be normally expected by WorkSafe shall be
incorporated into the tender/contract documentation in the way of appendices. (Delete this text)
Clause 5 Incident Notification
If the Contractor is required by the section 38(1) of the Occupational Health and Safety Act 2004
and or by any other regulations to give any notice of an accident occurring during the
performance by the Contractor of Works under the Contract, the Contractor shall at the same time
or as soon thereafter as possible in the circumstances give a copy of the notice to the Principal.
The Contractor must promptly notify the Superintendent and Principal of any accident, injury,
property or environmental damage which occurs during the performance of the Works under the
Contract. All lost time incidents shall be immediately notified to the Principal. The Contractor
must and within three days of any such incident provide a report giving complete details of the
incident, including results of investigations into its cause, and any recommendations or strategies
for prevention in the future.
This requirement extends to the provision of information and documentation provided to the
contractor in relation to the Works under the Contract by another statutory, government or
municipal authority.
Clause 6 Non Compliance
If during the performance of Works under the Contract the Superintendent or the Principal
informs the Contractor that it is the opinion of the Superintendent or the Principal that the
Contractor is:
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants

not conducting the Work in compliance with the Contractor’s Health and Safety
Co-ordination Plan, health and safety management procedures, relevant legislation or
health and safety procedures provided by the Principal from time to time, or

conducting the Work in such a way as to endanger the health and safety of Contractors
employees or the Principal’s or its Contractors’ and subcontractors’ employees, plant,
equipment or materials,
the Contractor shall promptly remedy that breach of health and safety.
Clause 7 Signage
(Delete this clause if works are not Major Works – and this text)
The Contractor must place signs that are clearly visible from the outside of the Work site that
show the name and contact numbers of the Contractor. These signs are to remain for the
duration of the Works under the Contract.
Clause 8 Visitors
Visitors to the Work site, including persons temporarily at the Work site to deliver plant, supplies
or materials, shall not be required by the Principal to have a Construction Induction Card or
undergo an induction if they are accompanied at all times by a person who has received induction
training specific to the Works under the Contract. The Contractor shall keep a register of all
visitors which includes the date and time, the visitor’s name, the company they represent, the
purpose for the visit and the accompanying person.
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Contractor Information to Assist Them to Complete Risk Assessments and Safe Work Method
Statements
Contractor Information
Completing Risk Assessments / Job Safety & Environmental
Assessment (JSEA’s)
and
Safe Work Method Statements Rev 2 June 2009
Job Safety & Environment Risk Assessment Forms must be completed by the contractor and
submitted to GVW for approval prior to commencement of works.
Assessing Risks
Each major task or activity must be assessed for hazards. Each hazard is then assessed for risk
and classified using the risk matrix displayed on the JSEA form or on the contractors own risk
assessment tool. If their own risk assessment tool is used, as a minimum it must include the
information as GVW’s JSEA form.
An example JSEA is included for guidance, contractors must ensure that
Important Notes:

All risk assessments are required to be reviewed by GVW or the Superintendents
Representative including risk assessments completed throughout the works.
Safe Work Method Statements / Safe Operating Procedures
Where risks are identified you may include detail in the control column of the JSEA or develop a
Safe Work Method Statements which outlines the works with detail on methods of controlling the
risks (as per those identified on the JSEA).
72
EXAMPLE JSEA FORM
73
74
Contractor Information to Assist in Preparing
Health and Safety Plans
CONTRACTOR INFORMATION
GUIDELINES FOR PREPARING
HEALTH AND SAFETY PLANS Rev 2 June 2009
Introduction
This document provides information to assist contractors when preparing a Site Specific Health and
Safety Management Plan. Prior to commencement of contract works you must submit the Plan which
details the health and safety systems and procedures applying during the term of the contract.
The Health and Safety Plan will be reviewed by GVW prior to commencement of the contract and will
be subject to approval by GVW. The Plan will also be audited by GVW or its nominated representative
during the works.
1.
Contract Description
A brief description of the scope of work which must include as a minimum the following
details:
 Summary of major activities and types of work to be performed.
 List tasks or specialist procedures requiring special consideration from a health and safety
perspective eg:
2.
-
Presence of public
-
Traffic management
-
Work restrictions (work times, confined spaces)
-
Exposure to hazards (noise, dust, elevated heights)
Contract OHS Structure and System
You must outline your management structure and responsibilities applicable to OHS which
should include as a minimum the following information:
 A copy of your Company health and safety policy, (this to be displayed at worksites).
 An outline of your OH&S management structure, i.e. names and/or positions of those with
specific health and safety responsibilities.
 Position and/or name of senior person who will liaise with GVW on health and safety
matters.
75
3.
Contract Induction and Safety Training
You must provide GVW with information on health and safety induction and any other relevant
safety training relevant to the contract works which should include as a minimum the
following information:
 An outline of the induction process for employees and subcontractors.

Sample register of personnel who have satisfactorily completed the contract induction.

Provide a register of names and/or positions of contract employees with authorisations,
permits, competency certificates, licences etc who may be required to supervise or undertake
specialist work activity.
4.
Safe Work Practices and Procedures
Safe Work Method Instructions / Statements or procedures must be developed. Where possible
existing health and safety company procedures should be used. However, contract specific safe work
procedures may need to be developed. These may be identified when undertaking the Risk
Assessment.
The following information must be provided:

A list and copies of company safe work procedures / instructions relevant to the contract.

Detail site operations which will be subject to permit to work systems.
5.
Job Safety and Environmental Assessment
Risk Assessment is an integral part of the Health and Safety Plan and considers the following:

Identifies hazards associated with contract tasks and activities.

Determines the level of risk.

Establishes appropriate risk control measures.
Each major task or activity must be assessed for hazards. Each hazard is then assessed for risk and
classified using the risk matrix displayed on the JSEA form (available from GVW) or on the contractors
own risk assessment tool. If their own risk assessment tool is used, as a minimum it must include the
information as GVW’s JSEA form.
Additional risk assessments may be undertaken during the course of the contract as required but
these, where possible, must be reviewed by GVW or the Superintendent.
6.
Workplace Health and Safety Inspections
The Health and Safety Plan should outline the how the work site shall be inspected which should
include as a minimum the following information:
7.
-
Checklists to be used.
-
Frequency of inspections.
-
Team members involved.
-
Actioning of inspection findings
Health and Safety Consultation
Information must be provided on how the contractor will resolve any health and safety issues that
arise during the works
76
8.
Emergency Procedures
There is the potential for a range of emergency situations to occur both on-site and off-site in relation
to contract works. These situations need to be identified and emergency procedures developed and
made known to all persons working on the site.
The following information should be documented:



9.
Emergency procedures including relevant telephone numbers for contract.
Register of emergency equipment and locations i.e. first aid equipment, fire extinguishers.
Register of current qualified First Aiders.
Incident Recording & Investigation
All incidents involving personal injury, medical treatment or property damage must be recorded and
investigated. The following should be provided in the plan:

Information of incident reporting and investigation system and procedures.
77
Information to Assist with Reviewing
Contractor Risk Assessments
Background
GVW is responsible for reviewing Risk Assessments to ensure that:
 the Contractor has identified hazards associated with activities;
 the Contractor has indicated control measures which have considered the degree of risk
associated with the task
Step 1 - Identify Tasks
Check works have been separated into significant tasks or activities. Tasks may be identified by the
likely hazards associated with each task. Hazards may arise as a result of:



the nature and type of services performed;
the location of the work;
materials, chemicals or equipment used;



the time of the work;
proximity to the public or other Contractors;
the work environment.
Step 2 – Identify Hazards
Contractors shall identify the range of hazards associated with each task. A hazard can be defined
as the potential to cause injury or illness to one or more people. When determining hazards the
hazard types below may be considered:

Physical Hazards, eg. noise, plant related hazards, working at height, manual handling,
ergonomic, traffic hazards, collapse, falling objects etc;

Chemical Hazards, eg. inhalation, skin contact with chemicals, ingestion of chemicals;

Electrical Hazards, eg. direct electrocution, contact with overhead or underground cables;

Biological Hazards, eg infection, needle stick injury, handling of wastes;

Radiation Hazards, eg. UV light, lasers;

Psychological, eg. Workplace conditions leading to stress.
The attached Hazard Identification and Control Table lists a variety of hazards and examples of
control measures which may be considered. This hazard list is not exhaustive and other controls may
be considered for the hazards listed.
78
Step 3 - Assess the Risk
Risk is defined as the probability of a hazard causing injury or illness. Risk is a combination of the
length and time of exposure to the hazard and the likelihood of the hazard being realised.
The hazards should be assessed according to the risk matrix displayed on the GVW Job Safety &
Environmental Assessment form (or similar).
A primary goal shall be to eliminate Extreme, Very High and High risks associated with the contract
and should be a major focus of the Risk Assessment. Contractors should detail risk control
measures which adequately address all identified risks. When determining risk control strategies,
the hierarchy of controls should be considered.
The assignment of risk rating may take into consideration:

Past accident/incident

WorkCover claims data;
reports;

Personal experience and professional
judgement.

Industry experience and data;
Step 4 - Control Measures
GVW must ensure that the Contractor has identified suitable control measures for each hazard. In
some cases the Contractor will have a greater understanding of the technical requirements of the
works and in these cases GVW would not be expected to make a judgement as to whether the control
strategy chosen by the Contractor is the best available safe system of work.
Where the specific task does not involve specialty technical expertise, GVW should provide feedback
to the Contractor if they feel the identified control measure is in any way inadequate.
Further guidance regarding the selection of the most suitable control methods is provided in
Appendix 2, Document 3 Risk Assessment Form. In summary the selection of suitable control
measures should take into consideration:

Level of risk

Hierarchy of controls

Practicability of implementation
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Hazard Identification and Control Table
The following table provides examples of control measures for a range of generic hazards. These examples are provided as a guide only and important site specific factors must also be
considered. Note also that this table of examples does not include all possible hazards.
Hazard
Possible Cause
Control Measure
1. Traffic Hazards
1.1
Trucks entering, exiting a work site
1.2
Working in close proximity to roads
2.2
Use of heavy hand held tools eg grass slasher
2.3
Handling of heavy objects
3.1
3.2
Hot Materials
Fire in the Workplace
3.3
Exposure to sun
4.1
4.2
Faulty electric leads and tools
No earth leakage detectors
4.3
4.4
4.5
4.6
Electric leads on ground
Electrical leads in damp areas
Electric leads tied to metal rails
Faulty plant not isolated
Use of traffic signalmen
Installation of temporary traffic signals
Use of Safety Signs
Speed restriction signs displayed and enforced
Use of witches hats or temporary barriers to cordon off sections of
road
Closure of road
Use of Safety Signs
Speed restriction signs displayed and enforced
Use of support harness
Limits on duration of use
Provide mechanical aids
Redesign object or task
Provide appropriate protective clothing and training
Keep workplace clear of waste materials
Issue of hot work permit
Remove flammable materials or store correctly
Provide adequate fire fighting equipment
Employee fire fighting training
Eliminate ignition sources from flammable atmospheres
Provide protective clothing and sunscreen
Reduce exposure time
Tools and leads inspected and tagged
Residual current devices in all circuits
Residual current devices tested regularly
Electrical leads kept elevated and clear of work areas
All electric leads kept dry
All electric leads are kept insulated
Ensure permit to work system followed
Lock-out and equipment tag procedure
4.7
Contact with underground or overhead cables
2. Manual Handling
3. Contact with Heat
4. Contact with Electricity
80
Location of services to be established
Overhead cables to be protected
Services to be isolated when working in proximity
Establish safe clearance distances and use of spotters
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Hazard
5. Exposure to Noise
Possible Cause
5.1
Plant and equipment not silenced
5.2
Not wearing appropriate protection
5.3
Excessive exposure time to noisy areas
Control Measure
Fit noise suppression to noisy plant and equipment
All personnel to wear appropriate PPE (hearing protectors)
Regulate employee exposure to noise
6. Contact with High Pressure
6.1
6.2
6.3
6.4
6.5
7.1
7.2
7.3
7.4
7.5
Burst air lines
Hoses becoming uncoupled
Using compressed air to clean clothing
Improper handling of gas cylinders
Defective pressure gauges
Incorrect handling procedures
Lack of information
Not wearing appropriate PPE
Incorrect storage
Elevated exposure levels
8.1
8.2
8.3
8.4
Exposure to arc welding
Not wearing appropriate PPE
Exposure during radiography operations
Exposure to lasers
9.Struck Against
8.5
9.4
Exposure to sun
Protruding objects in access routes
10. Struck By Object
9.5
9.6
10.1
Not wearing appropriate PPE
Personnel running in the workplace
Objects falling from work platforms
10.2
Debris from grinding operations
10.3
Wind blown particles
Air hoses in good condition and regularly inspected
All hose couplings fitted with pins or chains
Prohibit and instruct employees on dangers
Cylinders stored upright and secured
All pressure gauges inspected regularly for defects
All employees trained in MSDS requirements
Review Material Safety Data Sheet and assess risks
All personnel provided with appropriate PPE
Hazardous substances stored and labelled correctly
Provide mechanical ventilation
All personnel provided with appropriate PPE
Welding operations shielded
All personnel wear appropriate PPE
Correct procedures developed and followed
Regular equipment check
Follow documented safe work procedure for laser
Provide protective clothing and sunscreen
Protruding objects are removed or marked
Provide appropriate PPE (hard hat, safety boots)
Provide appropriate PPE & training
Personnel exercise restraint and walk
All work platforms fitted with toe-boards
Fence off areas below to prevent access
Materials stacked securely
All personnel wear appropriate PPE (hard hats)
Secure loose objects to structure
Personnel wear appropriate PPE
Shield grinding operations
All personnel wear appropriate PPE
10.4
Loads slung from cranes
7. Contact with Chemicals
8. Contact with Radiation
Loads not slung over personnel
Taglines are used to prevent loads swinging
Loads slung correctly
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Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Hazard
11. Fall from Height
Possible Cause
11.1
No handrails
11.2
Working outside handrails
11.3
Floor penetrations not covered
11.4
Ladders not secured
11.5
12.1
12.2
12.3
12.4
12.5
13.1
Unsafe area
Access routes obstructed by materials
Leads and hoses across access routes
Slippery surfaces
Safety footwear not appropriate
Poor visibility
Operating plant
13.2
Moving plant
14. Overstress
13.3
13.4
13.5
14.1
Moving loads
Loads tipping or swinging
Materials being positioned
SWL exceeded during lifting operations
15. Ergonomic Hazards
14.2
15.1
Sprains and strains
Poor work posture
15.2
Use of excessive force
15.3
Repetitive movements
16.Asbestos Hazards
16.1
Accidental disturbance or contact
17.Biological Hazards
17.1
Needlestick injury
12.Slips and Falls
13.Caught Between
82
Control Measure
All work platforms have secure handrails
Persons wear full fall arrest type harness
All floor penetrations covered or barricaded
All ladders secured to prevent movement
Ladders to extend at least 1m above landings
Tag and fence to prevent access
All access routes kept clear of materials and debris
All leads kept clear of ground or covered
All surfaces used for access kept dry and in good condition
Personnel wear appropriate safety footwear
Provide adequate lighting
Guarding of rotating plant and hand tools
Safe work procedures to be followed
Provide roll over cage protection
Pre-start daily safety inspection
Personnel kept clear when operating plant
Fit reverse alarms to plant and check operation
All personnel kept clear during crane operations
Load slings properly secured
Safe Work Procedures for moving heavy loads
Compliance with SWL and radius charts on cranes
All lifting gear checked regularly
All personnel trained in manual handling techniques
Workstation to conform with ergonomic standards
Seating to conform with ergonomic standards
Training of employees
Provide adequate task lighting
Provide mechanical aids
Modify workplace design
Modify task requirements
Job rotation
Asbestos materials identified and labelled
Asbestos materials removed from workplace
Safe work procedures developed
Provide appropriate waste disposal containers
Provide employees with PPE
Develop safe work procedures and train staff
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Hazard
18. Excavation/ Trenching
19.Plant Overturn
Possible Cause
17.2
Potential exposure to HIV, hepatitis
17.3
Potential exposure to legionella bacteria
18.1
Collapse of earth
18.2
18.3
18.4
19.1
19.2
Fall into excavation
Asphyxiation
Inadequate access to excavation
Crane overturn
Mobile plant overturn
83
Control Measure
Develop safe work procedures and train staff
Immunisation program
Provide employees with PPE
Implement microbial control procedures
Shoring to be provided in accordance with Code of Practice
Shoring to be inspected regularly
Provide barricades around excavation
Provide exhaust ventilation and test atmosphere
Provide safe access by steps or ladders
Cranes to be set up on solid ground and away from edge of excavation
Plant to be fitted with roll over cage protection
Safe work procedures developed
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
A Checklist for Project Officer Reviewing Tenderer OH & S
Questionnaires
GUIDELINES FOR REVIEW OF TENDER
OHS MANAGEMENT
SYSTEM QUESTIONNAIRE
Use the checklist to review the completed questionnaire which establishes the level of
competency of the tenderer with regard to health and safety.
Review of Tenderer OHS Management System Questionnaire
Project Name:
Project reference Number:
Company Name:
Date review Completed:
Person Reviewing
Position of person reviewing
Indicate in the following manner:
 Acceptable
 Not Acceptable
N/A Not Applicable
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
1. Company Health and Safety Policy Provided
2. OHS Management System or Plan – Contents Pages Provided
The company OHS Manual or Plan should include as a minimum:

Occupational health and safety policy

Management OH&S responsibilities

General occupational health and safety procedures

Safe work procedures relevant to the company operations

Public safety procedures

Induction and training procedures

Issue resolution and OHS consultation mechanisms
3. Health and Safety Responsibilities
Health and Safety responsibilities in the company should be
documented and may comprise:

OHS responsibility statements

part of employee’s job description

part of formal and informal performance appraisal

Line managers and supervisors should be formally held
accountable for health and safety performance of their
employees.
4. Safe Work Procedures
The tenderer should be able to demonstrate safe work procedures
which:

are relevant to company operations

contain a description of the tasks and associated hazards

outline control measures and methods to minimise health and
safety risks

make reference to any relevant Legislation, Codes of Practice or
Australian Standards
5. Safe Work Permits
Where relevant, the tenderer should be able to demonstrate safe
work permits for the following types of work:

Work in Confined Spaces (Confined Space Entry Permits)

Hot Work (Hot Work Permit)

Lockout permits (plant, electrical systems, steam)
6. Incident Reporting and Investigation
Tenderers should be able to provide evidence of the following:

incident report and investigation form
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants

evidence of completed investigation forms
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
7. Plant Safety
The tenderer should have mechanisms in place to identify hazards,
assess their risks and the implement control measures associated
with plant. This may include:

Completion of risk assessments.

plant maintenance and inspection forms

pre-start daily safety inspection forms for plant

plant fault reporting system and forms
8. Hazardous Substances
The tenderer should provide evidence demonstrating safe handling
and storage of hazardous substances:

manifest or register of chemicals used by the company

Material Safety Data Sheets for chemicals used

safe handling procedures, including personal protective
equipment

relevant training documentation
9. Manual Handling
The tenderer should be able to demonstrate evidence of:

Completion of risk assessments

systems used to control manual handling risks (eg: lifting aids,
work procedures)
10. Training
Tenderer should be able to demonstrate evidence of:

records of training and competencies of employees (licences,
permits, certificates)

records of any ‘on the job’ training

tool box meetings conducted

induction training program
11. Regular Inspections
Tenderer should provide evidence of:

workplace inspection schedules

types of inspections undertaken
12. Standard Inspection Checklists
Copies of inspection checklists used.
13. Hazard Reporting from tenderer
Evidence may include:

Toolbox meeting proformas or other documented hazard
reporting procedures and forms.
14. Conviction of Health and Safety Offence
If conviction reported, determine:
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants


nature and circumstances of incident
corrective actions undertaken
88
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Tenderer OH & S Questionnaire
Goulburn Valley Water
Tenderer
OHS - Management System Questionnaire

This questionnaire forms part of GVW’s tender evaluation which must be completed by
tenderers and submitted with a tender offer.

GVW has a responsibility to ensure contractors that perform works can adequately manage
their own health and safety. This questionnaire provides us with an overview of your
organisation’s OHS management system.

The answers to the questionnaire will be reviewed by GVW as part of the tender evaluation.
Answers must be correct and able to be verified.

Tenderers may be required to verify their responses before or at the tender interview.
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Project Name:
Project Reference Number:
Company Name:
Date questionnaire completed:
Person Completing Questionnaire Name:
Position:
Signed:
Yes
1. Do you have a documented health and safety policy? If yes provide a copy
2. Do you have an OH&S manual or plan? If yes provide a copy of contents page(s).
3. Are health and safety responsibilities clearly identified for all levels of staff?
4. Have safe operating procedures or specific safety instructions been prepared
relevant to your operations? If yes, provide a summary listing of procedures or
instructions.
5. Do you have any permit to work systems? If Yes, provide examples of permits:
6. Do you have a documented incident investigation procedure? If Yes provide a
copy of a standard incident report form.
7. Are there procedures for maintaining, inspecting and assessing the hazards of
plant operated/owned by the company? If yes provide copies of sample
procedures
8. Are there procedures for storing and handling hazardous substances? If yes
provide copies of sample procedures
9. Are there procedures for identifying, assessing and controlling risks associated
with manual handling? If yes provide copies of sample procedures
10. Is a record maintained of all training and induction programs undertaken for
employees in your company? If Yes, provide examples of safety training records
11. Are regular health and safety inspections at worksites undertaken? f Yes, provide
details of when and by whom:
12. Are standard workplace inspection checklists used to conduct health and safety
inspections? If Yes, provide an example:
13. Are toolbox meetings regularly held where health and safety issues may be raised
and discussed
14. Has the company ever been convicted of an offence by the Victorian WorkCover
Authority or an Authority in another state. If yes provide details.
90
No N/A
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
91
92
Goulburn Valley Water Major Projects
OH&S Information and Requirements for Consultants
This information has been developed to provide guidance to consultants when developing specifications and designs for GVW major projects. Some
projects may require specialist OH&S advice and further assistance should be sought before specifications are submitted to GVW for review
Plant and Equipment (pumps, motors, generators, mixers, etc, and associated pipework, valves, controls)
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
General plant and equipment
Hazards
Identify and assess plant and equipment hazards at the design stage
of the project.
Where possible Eliminate risks
Contractor and consultant to review equipment for safety.
Ensure machine guarding is implemented as per the following
hierarchy:
 Fixed guarding (where access is not generally required)
 Interlocked guarding (where access is required for cleaning or
maintenance)
 Physical barrier which requires the use of a tool to remove.
 Presence sensing device
Ensure devices are appropriately:
 Identified and labelled
 Readily and conveniently located
 Located so as to prevent unintentional activation
 Able to be locked in the off position to enable the disconnection
of the power source.
 Emergency stops are coloured red
 Controls allowing operation during maintenance and cleaning
have been assessed for risk
a.
Review design to ensure guarding is appropriate and that control
hierarchy has been followed.
b.
Where a more effective guarding system is available but has not been
used provide information to GVW for assessment.
Reference: OH&S Regs 2007 –
Section 3.5.3 Hazard
identification.
Machinery Guarding
Reference: OH&S Regs 2007 –
Section 3.5.4 Guarding
Operators controls, emergency
stops and warning devices
Reference: OH&S Regs 2007 –
Section 3.5.5 Operator’s Controls
Review design to ensure plant hazards and risks are, where possible
eliminated or reduced as far as possible
Review design to ensure devices conform to legal requirements.
Noise (Generated by plant and equipment and processes)
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
92
Consultant Requirements
93
General Noise
Reference: OH&S Regs 2007 –
Section 3.2.1 Designers, Section
3.2.2 Manufacturers
Ensure noise for plant and equipment is identified and designed so
that its noise level is as low as practicable
Where noise may exceed 85dBA determine the sound level and
provide a record of the level.
Review the design of the plant and equipment to ensure that the noise level
has been taken into account in the design of the project
Review information and records of noise measurement and provide
recommendations and feedback to GVW
Where noise exceeds 85 dBA identify and assess effective measures to
reduce noise to below 85dBA, may include:
 Isolation and Separation form the work area
 Sound insulations, noise barriers, mufflers
Minimising vibration noise
Hearing Protector Signs and
Labels
Where levels of noise may exceed 85dBA signage in the form of
mandatory hearing protective signs (minimum size 300 x 450 mm)
are required to be installed at all entrances to the area. Signs shall
state the following:
“HEARING PROTECTION MUST BE
WORN IN THIS AREA”
93
Ensure mandatory hearing protection signage has been installed at all
entrance to area where noise levels may exceed 85 dBA
94
Pressure Vessels (Air Compressors / Receivers, Air Dispersion Vessels,)
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
Registration of Pressure Vessels
Boiler and pressure vessels (other than gas cylinders) categorised as
hazard level A, B or C are required to be registered with the
WorkSafe Victoria.
Ensure all relevant pressure vessels are registered with WorkSafe Victoria in
the name of GVW
Reference: OH&S Regs 2007 –
Section 3.5.50 Registration of
Plant
Note: smaller pressure equipment ie. some air compressors and
receivers are not required to be registered with WorkSafe Victoria.
Australian Standard – AS3920
part 1 – Assurance of product
quality, pressure equipment
manufacture.
Australian Standard – AS
3788:1996 Pressure equipment –
in-service inspection
Documentation in the form of a pressure vessel hazard identification
and risk assessment is required to be completed for all boiler and
pressure vessels.
Ensure hazard identification and risk assessment documentation is provided
to GVW.
Labelling of Piping, Tanks, Containers and Chemical Storage Areas
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
Pipe Labels
Where possible ensure all pipes are labelled as per AS 1345.
Review design and project specification to ensure all pipework is labelled
with labelling as per AS 1345
Reference:
Dangerous Goods (Storage and
Handling) Regs 2000, Reg 441 –
Marking of Pipework.
Examples include:
Australian Standard – AS1345,
Identification of the contents of
pipes conduits and ducts.
Ensure all tanks / container are marked and labelled accordingly
Reference:
Dangerous Goods (Storage and
Handling) Regs 2000, Reg 429
and 430
Ensure tanks are marked with the following:
 Identification of the contents (black lettering on white label,
minimum label size 600 x 150mm).
 Maximum volume of the tank / container
 Maximum safe fill volume of the tank / container
 Where required relevant dangerous goods placarding
including: outer warning placards and bulk placards
Labelling of Chemical SDorage
Areas
Ensure a chemical storage area is marked with the following:
 Type of chemical storage area (eg. Sodium hypochlorite
Ensure all chemical storage areas are marked and labelled accordingly
Labelling / Marking of Tanks
94
95
Labelling of Piping, Tanks, Containers and Chemical Storage Areas
Health and Safety Matter
Reference:
Dangerous Goods (Storage and
Handling) Regs 2000, Reg 429
and 430
Safety Signs Generally
Designer, Manufacturer and Supplier Requirements

Ensure that explanatory safety signage is assessed and where
required provided common examples include:
 Signage for personal protective clothing and equipment.

Chlorine Gas Installations
Reference:
AS/NZS 2927 – The storage and
Handling of Liquefied Chlorine
gas.
Consultant Requirements
storage area, etc.) (black lettering on white label, minimum
label size 600 x 150mm.
Where required dangerous goods placarding including outer
warning placards and package storage placards
Liaise with GVW to identify relevant additional safety signage required for
chemical storage areas.
Danger – No Smoking, No Ignition Sources Signs
Liaise with Goulburn Valley Water to ensure compliance with
relevant signage requirements of AS/NZS 2927 – The storage and
Handling of Liquefied Chlorine gas
Ensure liaison with Goulburn Valley Water regarding the signage
requirements of AS/NZS 2927
Chemical Storage Areas (Dangerous Goods Storage and Handling)
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
Hazard Identification and Risk
Assessment
In consultation with Goulburn Valley Water’s representative hazards
associated with the chemical storage area must be identified and
assessed in regard to the following:
 Types and properties of chemicals (dangerous goods) to be used
 Storage and handling structures and plant
Provide documentation to Goulburn Valley Water to confirm that chemical
storage areas comply with relevant Dangerous Goods regulatory
requirements and Australian Standards
Reference:
Dangerous Goods (Storage and
95
96
Chemical Storage Areas (Dangerous Goods Storage and Handling)
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Handling) Regs 2000, Reg 404,
405, 407.


Safety Information
Compliance with relevant
Australian Standards
Location and layout of storage and handling areas
Adverse reaction and interaction between other chemicals stored
at the location.
The following safety information is required to be provided to
Goulburn Valley Water representative for chemical storage areas:
 Relevant material safety data sheets
 Where required a dangerous goods manifest
Ensure relevant standards have been reviewed and requirements
incorporated into the design of the chemical storage areas including
the following standards:
Consultant Requirements
Follow up with designer to ensure all safety information is provided and
forward on to GVW
Review to ensure designer has taken into account the relevant standards for
the storage of various dangerous goods classes in the design of the
dangerous goods storage area.
AS 3780 – The storage and handling of corrosive substances
AS/NZS 2927 – The storage and handling of liquefied chlorine gas.
AS 4326 – The storage and handling of oxidising agents
AS/NZS 4452 – The storage and handling of toxic substances.
AS 2507 – The storage and handling of agricultural and veterinary
chemicals
AS/NZS 3833 – The storage and handling of mixed classes of
dangerous goods in packages and intermediate bulk containers
AS/NZS 1596 – The storage and handling of LG Gas
Specific Control Requirements
Dangerous Goods (Storage and
Handling) Regs 2000,
Division 3 & 4
Dangerous Goods Notification
to WorkSafe Victoria
Ensure specific requirements of the Dangerous Goods Regulations
are reviewed and incorporated into the design of the project
including:
Ensure all relevant requirements are reviewed and incorporated into the
design of the storage area.


Security of premises
Isolation and interaction with other substances, plant and
processes
 The condition and repair of structures and plant
 Pipework
 Protection form impact
 Spill containment
 Adequate ventilation
 Control of ignition sources
 Equipment for the clean up of dangerous goods
 Fire protection equipment
Where required dangerous goods notification shall be made on behalf
of Goulburn Valley Water
Dangerous Goods (Storage and
96
Ensure, where required that dangerous goods notification is made on behalf
of Goulburn Valley Water to WorkSafe Victoria.
97
Chemical Storage Areas (Dangerous Goods Storage and Handling)
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Handling) Regs 2000,
Reg 506
97
Consultant Requirements
Fixed Platforms, Elevated Walkways, Stairways and Ladders
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
General
Ensure that an initial assessment is made to determine if works
cannot be carried out at ground level this may include:
 Relocation of valves and equipment
 Installation of sight glasses, and measuring tape that can be read
from the ground, etc.
 All guard railing to conform to AS 1657. Gates within guard
railing span to be spring loaded and inward swinging (unable to
be accidentally pushed open by person accessing platform).
 Inward swinging gates to be installed in positions where
foreseeable periodic maintenance is required.
 Elevated platforms conforming to AS 1657 to be provided at the
top of tanks and water towers.
 Elevated walkways to be provided with fully enclosed guard
railing.
 Ladder landings to be provided every 6 metres (where possible,
if not possible additional safety devices must be fitted)
 Internal ladder systems where the access is normally closed may
be provided with retractable handgrip stanchions or where
possible permanent stiles or handrails shall extend above the
opening.
 Fixed rung ladders to be installed where foreseeable periodic
maintenance is required.
 Ladder cages to be fitted to all ladders in excess of 6 metres in
height (some exception for certain pump stations where rescue
access is required).
 Where possible stairways shall be installed in preference to step
ladders. Where Step ladders are proposed these shall be
discussed with Goulburn Valley Water.
Ensure an initial assessment is carried out and feedback is provided to
Goulburn Valley Water on the outcome of the assessment.
Access Hatches and openings

A review design drawing to ensure that AS 1657 is being complied with
fully.
Where Fixed Fall Prevention
Structures cannot be
Implemented.
I.e. guard railing, elevated
walkways, ladder, stairways
Placement of Plant and
Equipment

Elevated Walkways and
Platforms including Guard
Railing
Reference:
AS 1657 – Fixed Platforms,
walkways, stairways and ladders
– design, construction and
installation.
Ladders and Landings
Reference:
AS 1657 – Fixed Platforms,
walkways, stairways and ladders
– design, construction and
installation.


Where possible suitable guard railing is required around access
hatches. An inward swinging gate shall be provided for side or
through access to the ladder.
Identify and assess the fall hazard and determine the safest
method for working at height.
Consult with Goulburn Valley Water and their representative to
determine what type of fall prevention or protection method can
be installed.
Ensure, where possible, all items of plant and equipment
required to be accessed by employees when working at height is
provided inside the elevated work area.
98
Review design drawings to ensure that AS 1657 is being complied with
fully.
A review design drawing to ensure that AS 1657 is being complied with
fully.
A review design drawing to ensure that AS 1657 is being complied with
fully.
A review design drawing to ensure that AS 1657 is being complied with
fully.
Safe Access and Egress
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
General
Assess the requirement for safe access and egress by operators,
visitors and contractors to carry out foreseeable tasks including:

Maintenance

Cleaning and inspection
Ensure designer has assessed the provision for safe access and egress from
and around plant and equipment and the site.
Provide safe permanent access to ensure employees can safely
access spill containment or bunded areas.
Review design to ensure safe access is provided to spill containment areas.
Reference:
OH&S Act 2004, Section 21 and
23
Spill Containment and
Chemical Storage Areas
Reference:
OH&S Act 2004, Section 21 and
23
Sampling and Inspection
Points
Reference:
OH&S Act 2004, Section 21 and
23
Lighting
Slips / Trips
Reference:
OH&S Act 2004, Section 21 and 23
For example: access over bunding may require a permanent step
ladder.
Provide made access to all chemical storage rooms where chemicals
may be loaded into store or service

Minimise steps when transferring chemical packages into stores
through providing ramps

Provide sufficient space to load chemical safely

Provide sufficient space to decant mix and pour chemicals
safely
Where possible provide made access to routine sampling and plant
and equipment inspection locations.

Identify if routine sampling or inspection is required and assess
how task can be performed safely by employees.
Review design to ensure safe access to sampling and inspection points is
provided.
Assess and discuss with Goulburn Valley Water the need for
adequate night time lighting.
Discuss provision for night time lighting with Goulburn Valley Water and
where required design lighting accordingly.
Identify potential slipping or tripping hazards in the project and where possible
engineer out.
Examples include:

Slippery gravel

Large aggregate

Steps and stairs of varying rises, treads or goings
Review design to ensure safe access is provided and hazards are engineered out of the project.
99
Safety Information
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
General

Ensure safety information is reviewed and passed on to Goulburn
Valley Water
Reference:
OH&S Act 2004, Section 21




All safety information including operating manuals must be in easy
to read English
Risk assessments should address Victorian OH&S Legislation
Where possible safety information and operations manuals should be
in electronic format
Material safety Data Sheets shall be provided to GVW where
chemicals are being used during commissioning of new plant and
equipment
Where required emergency manifest information shall be provided
for the site
Confined Spaces
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
Risk Assessment
Ensure confined spaces are identified and assessed for risks and where
possible entry into confined spaces is engineered out of the project.
Examples include:
 Relocation or replacement of valves, and equipment, etc.
 Provision for task to be done outside confined space.
Ensure designer has identified confined spaces with the projects,
assessed their risks and attempted to engineer out the need to enter the
confined space.
Where it is not possible to engineer out entry to the confined space the following shall be
incorporated into the design, where possible:

Access to the space via fixed ladder, stairway or other (not relevant for manhole
access)

Adequate space / provision made for the setting up of confined space entry equipment,
including a Tripod and provision for two standby persons to carry out their task
without congestion.

Provision for fall protection in the form of suitable anchor points for standby personnel
for sewer pump stations and similar infrastructure (not relevant for new manholes)

Confined space shall be signed with a fixed steel
sign or stencil which indicates the following:
‘DANGER CONFINED SPACE – ENTRY BY PERMIT
ONLY” (size: 450 x 300mm – where possible)
Review design to identify if confined spaces may be engineered out. Where this cannot be
achieved ensure that adequate consideration has been made for entering confined spaces
safely.
Reference:
OH&S Regs 2007 Section 3.4.6
and 3.4.7
General
Reference:
OH&S Regs 2007 Section 3.4.6 and 3.4.7
100
Electrical Safety
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
Flexible Leads
Where possible provision shall be made for fixed wiring in
preference to flexible leads particularly for chemical transfer pumps.
 All flexible leads shall have been inspected and tested by a
competent person as per AS/NZS 3760 (in-service safety
inspection and testing of electrical equipment).
 All flexible leads shall be marked or tagged with the inspection
details and a register of the inspection details provided to GVW.
Where possible RCD shall be installed on all electrical circuits. As a
minimum circuits with GPO’s must be fitted with RCD.
An assessment shall be made by the designer to identify the number
and most appropriate location for general power outlets. Sufficient
power outlets shall be provided to ensure that the use of power
boards, double adaptors, etc. is minimised.
Review design to check if fixed wiring can be installed instead of flexible
wiring.
Check to ensure flexible wiring is appropriately inspected and tested.
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
Lifting Means (beams, gantry’s,
etc)

Check to ensure lifting means are adequately marked.
Cranes (hoists, chain-blocks,
motorised gantry cranes, etc.)

Lifting Chains

Reference:
AS 1418.1 – Cranes (including,
hoists and winches) – general
requirements

Inspection and Testing
Residual Current Devices
(RCD)
Adequate Power Outlets
Check with GVW as to the number and placement of general power outlets.
Lifts and Cranes
All lifting equipment must be marked with their Safe Working
Load (SWL). Computations which verify the SWL shall be
provided to Goulburn Valley Water for their records.
All cranes must be marked with their SWL and be rated as per
the lifting means whichever is the lesser load as appropriate in
accord with AS 1418.1
All lifting chains and lifting components shall be marked with
their SWL and be manufactured to AS 1418.1
Marking of lifting beams shall be by black lettering on a yellow
background and must be of sufficient size to be seen from the
ground.
101
Manual Handling
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
Minimising Manual Handling
Hazards
Foreseeable hazardous manual handling hazards shall be identified
by the designer / supplier. Where hazards are identified these shall
be reviewed by Goulburn Valley Water.
Hazards identified in the project design shall where possible be:
 Eliminated or Engineered out
Review designs to identify hazardous manual handling and discuss with
GVW
Where possible these shall be light enough for one person to lift and
handle safely without causing a manual handling hazard.
Check Pit Lids to ensure they are light enough for one person to lift.


Review the design and check the operations and positioning of valves
Reference:
OHS Regs 2007 Part 3.1
Pit Lids
Reference:
OHS Regs 2007 Part 3.1
Position of Valves
Chemical Storage
Where possible valves shall be mechanical.
Where this is not possible sufficient space must be provided
around the valve to allow for one or two persons to operate it.
Where chemicals are to be loaded into store sufficient space shall be
provided for this task to be carried out using mechanical aids (i.e.
trolley, pallet jack, etc.)
Review designs to identify if manual handling hazards can be eliminated.
Review the design to ensure there is sufficient space to load chemicals into
store.
Fire Fighting Equipment
Health and Safety Matter
Designer, Manufacturer and Supplier Requirements
Consultant Requirements
Fire Fighting Equipment
An assessment must be made to identify the following:
 Number of portable fire extinguishers
 Size
 Type
 Appropriate Location
 Compliance requirements with Building Code of Australia
 Compliance with CFA Dangerous Goods requirements
 Compliance with local municipality requirements
Review the design to ensure fire fighting requirements meet the relevant
standard.
Reference:
Building Code of Australia
Section E 1.6, Table 1.6
AS 2444 – Portable fire
extinguishers and fire blankets –
selection and location
102
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 11
INSURANCE REQUIREMENTS
The following insurance requirements shall be listed in the Tender/Contract document.
103
GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
NOTES ON CONTRACTOR’S INSURANCE
Insurance Clause
As stated in the Annexure in respect of Works and Public Liability Insurance, the Corporation as
the Principal will provide the following insurance with the designated limits:

Works Insurance – Building Works - $10,000,000 for any one contract.

Works Insurance – Civil Works - $5,000,000 for any one contract.

Public Liability - $10,000,000 each and every occurrence.
Where a Contractor believes that Goulburn Valley Water’s Contract Works insurance policy does
not provide adequate cover for any reason, then they shall be responsible for providing any such
additional coverage as they deem necessary, and the costs shall be borne by the Contractor.
The Contractor shall ensure that they do not undertake any work in a manner that may void
Goulburn Valley Water’s Contract Works Insurance policy.
Goulburn Valley Water shall recover from the Contractor any insurance excess that applies to any
claim that they initiate, or to any claim that results directly from work under their control.
Recovery of such insurance excess shall be out of money due on the Contract where possible, or
from payments due on other contracts with the Contractor or by direct invoice. The following
excess amounts apply to each and every claim:






Material damage - $25,000 for each and every event involving water, subsidence, collapse,
landslip, cyclone, storm, tempest, earthquake, testing, commissioning, tunnelling and
boring.
Material damage - $5,000 each and every event all other claims.
Public Liability – Third Party Property damage - $5,000 for each occurrence.
Public Liability – Third Party Personal injury to entities of the insured - $25,000 for each
occurrence.
Public Liability – Third Party Personal injury - $5,000 for each occurrence.
Public Liability – Workers on site - $25,000 for each occurrence.
A number of exclusions apply. The more specific works related items are:
1.
The maximum length of trenches open at any time shall not exceed 500 metres.
2.
Any works involving trenches deeper than 5 metres are subject to individual consideration.
3.
Construction of dams, reservoirs. Irrigation, flood mitigation works or works in, under or
above water.
A copy of the insurance policy shall be made available at the request of the Contractor.
The Contractor shall provide a complete copy of the Policy, including a certificate of
currency, confirming:
Professional Indemnity Insurance
1.
2.
3.
Currency of Policy.
Sums insured as per Contract Condition.
Extension to Indemnify the Principal.
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ITEM 13
VICTORIAN INDUSTRY PARTICIPATION POLICY
The following section outlines clauses relating to the Victorian Industry Participation Policy (VIPP)
to be incorporated into specification and tender documents.
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Victorian Industry Participation Policy
In April 2001, the Victorian Government announced the introduction of the Victorian Industry
Participation Policy (VIPP). The VIPP requires that all short listed bidders for projects over $3m in
metropolitan and $1m in regional Victoria provide a VIPP statement. The VIPP statement requires
information on the expected level of local content, the employment opportunities and the
opportunities for skills and technology transfer. Guidelines for preparing the statement and a pro
forma for your response are attached.
The desired outcome of the VIPP is that it will foster industry development by encouraging bidders
to genuinely and systematically consider Australian (and New Zealand) supply. Its objectives are
to:

boost employment and business growth in Victoria by expanding market opportunities for
Victorian companies;

provide contractors for major projects with increased access to Victorian suppliers that can
deliver best value for money;

expose Victorian companies to world’s best practice in workplace innovation, e-commerce
and use of new technologies and materials;

develop industry's international competitiveness and flexibility in responding to changing
global markets by giving Victorian companies a fair opportunity to compete against
overseas suppliers; and

promote a cultural change in Australian business, raising awareness of Victorian suppliers
and shifting perceptions from "imports are always best " to "local suppliers are world class".
Further information concerning the VIPP can be obtained at the DSRD Web site at
http://www.dsrd.vic.gov.au
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Lodgement of VIPP Statement
The VIPP Statement is to be provided in a separate sealed envelope and must accompany and be
lodged at the same time as the project tender. The conditions of tender lodgement as specified
in the project specification will apply to the VIPP Statement.
The envelope must be clearly marked as a VIPP Statement and include the applicable contract
number and title.
VIPP Implementation Plan
In addition to the above requirement, all short-listed bidders for projects over $2.5 million will
also be required to submit an implementation plan that identifies how those bidders intends to
meet their VIPP requirements. In these cases, both VIPP Statements and Implementation Plans
must be certified by the Department of Innovation, Industry and Regional Development (DIIRD) or
Industry Capability Network Victorian Branch (ICN Vic)
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GUIDELINES FOR PREPARATION
OF VIPP STATEMENTS
Objectives of VIPP
The Victorian Industry Participation Policy (VIPP) is intended to encourage growth in Victorian
industry, employment and technology. The desired outcome of the VIPP is that it will foster
industry development by encouraging bidders to genuinely and systematically consider Australian
(and New Zealand) supply. Its objectives are to:

boost employment and business growth in Victoria by expanding market opportunities for
Victorian companies;

provide contractors for major projects with increased access to Victorian suppliers that can
deliver best value for money;

expose Victorian companies to world’s best practice in workplace innovation, e-commerce
and use of new technologies and materials;

develop industry's international competitiveness and flexibility in responding to changing
global markets by giving Victorian companies a fair opportunity to compete against
overseas suppliers; and

promote a cultural change in Australian business, raising awareness of Victorian suppliers
and shifting perceptions from "imports are always best " to "local suppliers are world class".
Support Services Available
Tenderers are advised that the services of the Department of State and Regional Development
(DSRD), the Industrial Supplies Office (ISO) and the Building Policy Group (BGP) will be available
to assist them in implementing the VIPP. This will involve:

the identification of local products and capabilities that meet contract requirements;

an assessment and comparison of local products and capabilities with overseas
equivalents;

the selection of products and services that meet the contract requirements on a best value
basis; and

monitoring and reporting on the outcomes for Victorian industry involvement.
Free ISO services are available to support bidders in identifying and developing the above
information, including during the tender process. For projects valued over $50m, it is mandatory
for the preferred bidder to consult with the ISO.
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Contact details are:
ISO:
Level 4, 10 Queens Road
Melbourne 3004
Telephone:
9866 6155
DSRD:
4/55 Collins Street
Melbourne 3000
Telephone:
9651 9743
Fax:
9651 9743
BPG:
Level 27, Casselden Place
2 Lonsdale Street
Melbourne 3000
Telephone:
9235 6914
Fax:
9285 6432
Bendigo Regional Office
50 Mitchell Street
Bendigo
Telephone:
5441 8611
Fax:
5442 5452
Gippsland Regional Office
33 Breed Street
Traralgon
Telephone:
5176 1901
Fax:
5174 7845
The DSRD is the main contact for general enquiries regarding the VIPP.
Pro-Forma for Submission
A pro-forma for the submission of the VIPP Statement by the tenderer is attached to this
document.
Assessment of the VIPP in the Evaluation Process
It is required that the short listed tenderers complete a VIPP Statement as part of the evaluation
process of this tender. VIPP Statements must be submitted separately in a sealed envelope. The
envelope will only be opened and the content of the Statement used in accordance with the
following principles:

Value for money will remain the primary criterion for the selection process.

Where there are two or more Tenders that offer similar value for money, the VIPP
Statements may be used to differentiate between the value and benefit of the tenders.

Where there is a clear preferred Tenderer based upon value for money selection, the
Statement of that tenderer only may be initially opened and considered to determine
whether it is a genuine attempt to address the VIPP. Where a Statement does not reflect a
genuine attempt to address the VIPP the Corporation may reject the Tender and negotiate
with the next preferred Tenderer.

The Corporation may negotiate with Tenderers (including the preferred Tenderer) whose
Statements have been opened under the above principles, for the purpose of improving the
benefits offered under the VIPP.
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VIPP Compliance
Where a tender has been awarded and the VIPP Statement has been accepted, the scope of the
VIPP benefits will be included in the contract and recorded centrally for assessment of
compliance.
The DSRD may monitor the Contractor’s compliance to the VIPP Statement accepted and an
auditor or other nominated representative of the DSRD shall have access to and be permitted to
obtain information from the Contractor’s records and staff. The Contractor must provide
authorisation for the DSRD (as part of the VIPP Statement) to obtain information from the
persons, firms or corporations nominated in the VIPP Statement. The DSRD’s Representative will
exercise reasonable discretion in assessing the Contractor’s performance and shall take into
account any issue raised by the Contractor which fairly represents a cause of failure to comply
beyond the Contractor’s reasonable control.
The results of the measure of performance of the VIPP obligations will also be centrally recorded
by the DSRD. Such information will be made available to departments and agencies of the
Victorian Government to be used in assessing other tender proposals for VIPP purposes in the
future.
Definitions
Definitions of terms used in this document are given below.
Value for money – refers to the acquisition of the appropriate quantity and quality of goods or
services at the best price or lowest cost. Wherever possible, whole-of-life costing of projects is
assumed.
Local – covers Victoria, Australia or New Zealand, so as to be in accord with the Australia New
Zealand Government Procurement Agreement entered into by Australian State and Federal
Governments and New Zealand.
Local content or industry – refers to goods and services sourced from or industry based in
Victoria, Australia and New Zealand.
Value adding – refers to adding value, usually expressed in dollar terms, to intermediate inputs
used by manufacturers or service providers.
In respect of products or services, “Australian value add” means the supply price of those
products or services less the amount spent on imported products and services. The latter
includes all components, embedded software and design, manufacturing, assembly and supply
services used for or in the supply of those products or services.
In determining the amount spent on imported products or services, all amounts paid (by the
Contractor or its Approved Subcontractors) to foreign persons (which do not include New Zealand
persons) must be taken into account, including:
(i)
all licence fees paid for intellectual property rights if those intellectual property rights are
owned by a person other than an Australian or New Zealand person;
(ii)
the cost of all imported products (including components for other products) sourced locally;
and
(iii)
all amounts paid to foreign persons as transfer pricing or as distribution of profits resulting
from the supply of the products or services.
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For the purpose of this definition, "foreign person" means any person who is not a resident of
Australia or New Zealand.
Local content provided by sub-contractors is included in the Australian value add, as is value
added to imported content.
Regional Victoria – the area within the municipal districts of the councils – excluding Metropolitan
Melbourne councils – established under the Local Government Act 1989.
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VIPP Implementation Plan For
Projects Over $2.5 Million
In addition to completing a VIPP Statement, short-listed bidders for major projects as defined
above are required to complete a VIPP Implementation Plan. The Implementation
Plan should briefly demonstrate (suggested maximum of 2-3 pages) how the company, if
successful in winning a tender where the VIPP applies, intends to achieve the goals detailed in
the VIPP Statement.
Four key elements are to be covered in the Plan as follows:
1.
Identification of local products and capabilities that meet the contract requirements.
This could include:

A proposal for consulting with the ICN, Government organisations, local industry and other
groups to identify the availability of local products to meet the requirements of the project;

Detailing the means by which local industry is alerted to upcoming tenders and project
requirements;

Methods for promoting the concept of local industry participation with consultants,
subcontractors and others involved with the contract;

A commitment to liaising with international suppliers to increase opportunities for local
industry including manufacturing under overseas licensing arrangements and technology
transfer;

Establishing procedures and policies that encourage local industry participation; and

Identification of work packages and items with the potential for import replacement of
products or services.
2.
Assessment and comparison of local products and capabilities with overseas equivalent
This could include:

Procedures to be based on ”whole of life” cost parameters and appropriate quality and
performance indicators;

Benchmarks for the evaluation of proposals and alternatives;

Procedures for assessing the local content in a product or service; and

Guidelines for ensuring that local products and services are considered alongside imported
alternatives.
3.
Selection of products and services
The Plan should describe the procedures for the selection of products and services that provides
the best value solution based on the identification and assessment processes.
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4.
Monitoring and reporting on outcomes for local industry involvement
This could include:

Dollar value of local industry involvement benchmarked against expected levels;

Frequency of monitoring and the reporting mechanism;

Procedures for corrective action should inappropriate or ineffective activities for
encouraging local industry be identified;

Frequency and level of internal assessment of the effectiveness of the implementation of
the Plan;

Frequency of external assessment of sub-contractor and supplier commitment to local
industry participation; and

Level of use of ICN and other organisations to assist in the identification of competitive
local sources of supply.
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Contract No. ………………………………
Victorian Industry Participation Policy
(VIPP) Statement Template
TO BE INCLUDED AS PART OF TENDER DOCUMENTATION
All short-listed bidders are required to provide a VIPP Statement to demonstrate that they have
considered the industry development implications of their tender according to the Victorian
Government’s Industry Participation Policy. This seeks to maximise opportunities for local SMEs
to compete for government business on the basis of best value for money over the life of the
goods or services. (A sample VIPP Statement is provided overleaf.)
Short-listed bidders are required to complete the following statement sections:
Contract / Project Name:
Bidding Company / Organisation:
Representative’s Name:
Contact Details:
Address:
Phone:
1.
Email:
Value Added Activity (local content)
Bidders should specify the level of local (Victorian/Australian/NZ) value added, expressed as a
percentage of the overall contract price –
If possible, bidders should list the main items which are not locally produced below –
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2.
Employment
Bidders should provide details, in numbers, of actual new employment opportunities to be
created in Australia and New Zealand as a result of the contract and, wherever possible, the
location within Australia and New Zealand of these opportunities –
3.
Skills and technology transfer
Bidders should briefly identify and describe opportunities for increasing the skills of Victorians
and Australians and the potential to undertake further innovation and / or research and
development of project related technology – (Further Information can be supplied on a separate
page.)
4.
Industry
Bidders should briefly identify the Industry from the list provided in the guidelines and describe
the type of project under tender
1. Industry
2. Project Description
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Declaration:
The Bidding Company or Organisation states that in submitting the Tender and the VIPP
Statement, the identified Bidder:

Agrees to take all reasonable steps to comply with the Victorian Industry Participation Policy
principles;

Agrees that compliance with VIPP commitments will be monitored as part of overall
performance management; and

Acknowledges that failure to comply with a VIPP Statement will be centrally recorded by the
Victorian Government and may be taken into account when considering subsequent
tenders for VIPP purposes.
Signature of Bidding Company or Organisation’s Representative –
Date
Support Services Available:
Bidders are advised that the services of the Department of Innovation, Industry and Regional
Development (DIIRD) and the Industry Capability Network Victoria Branch (ICN Vic) at
www.icnvic.org.au are available to assist them implementing the Victorian Government’s Industry
Participation Policy (VIPP).
Free ICN services are available to support bidders in identifying and communicating the above
information, including during the tender process. For projects valued over $10m ($2.5m in
Regional Victoria), it is mandatory for the short-listed bidders to consult with the ICN and to obtain
certification of their VIPP Statements and Implementation Plans.
Contact ICN at www.icnvic.org.au or on Tel. (03) 9864 6734.
Tenderers Signature:
…………………………………
Date:
…………………………………
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ITEM 14
CLERK OF WORKS
A copy of the Corporation’s position on the role of the Clerk of Works is attached.
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THE ROLE OF THE CLERK OF WORKS
CONDITIONS OF CONTRACT
The General Conditions of Contract provides for the appointment of the following persons:
Superintendent.

Superintendent’s Representative.

Clerk of Works or Inspector.
The Clerk of Works acts as an inspector under the direction of the Superintendent (or his
Representative) but has no power to issue directions under the Contract.
REPONSIBILITIES
The Clerk of Works is employed by the Water Corporation but is directly responsible to the
Superintendent, through the person nominated, for the carrying out of detail supervision to
ensure that the works are constructed in accordance with the requirements of the Contract
Documents.
PRIMARY ROLE
The contract between the Principal (Goulburn Valley Water) and the Contractor requires certain
works to be performed in accordance with the contract documents.
The documents of primary importance to the Clerk of Works are:
General Specification

Project Specification

Drawings
He/She should make himself/herself conversant with the drawings, specifications etc. and assist
the contractor in his interpretation of these documents.
He/She should refer any possible discrepancies in these documents or drawings, or any items
that require clarification or are not fully understood to the Superintendent’s Representative.
The Clerk of Works’ primary role is to ensure that the Contractor carries out the works in
accordance with the requirements of these documents (or as otherwise directed by the
Superintendent’s Representative).
The Clerk of Works should also make himself/herself aware of the contents of all of the General
Specifications.
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The Clerk of Works will therefore carry out:
INSPECTIONS
To satisfy himself/herself that the Contractor is constructing the works:
i)
In the correct locations and programmed order.
ii)
To the correct dimension
iii)
Using approved construction methods and safe working practises.
iv)
Using approved materials and components.
v)
Complying with the Superintendent’s instructions.
vi)
Doing as little damage as possible to property and vegetation.
vii)
Complying with the requirements of other Statutory Authorities.
viii)
The completed works are of a satisfactory standard.
Note that inspections should NOT be carried out at the same time every day.
MEASURING & TESTING
(a)
(b)
To satisfy himself/herself of the quality of the works in that they are:i)
Within the specified tolerance for line, level, dimension and grade.
ii)
Pipelines meet specified test pressures.
iii)
Equipment meets specified performance requirements.
iv)
Materials meet specified density or strength requirements.
To determine as constructed details of the works for the purpose of:i)
Preparation of quantities for progress payments.
ii)
Plotting of constructed plans as a permanent record of completed works (where
specified).
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KEEPING OF RECORDS including:i)
A record of resources (plant labour and materials, when and for what purpose) employed by
the contractor on the site.
ii)
Results of quality control measurements and testing
iii)
Minutes of meetings and conversations concerning the works.
iv)
Such items as disputes, accidents, or any incident considered important.
v)
Amounts of materials and labour in respect of works involving claims for extras or
deductions.
vi)
Receipt of delivery dockets for materials paid for by Principal on a schedule of rates basis.
vii)
Man hours in connection with overtime work carried out at the cost of the Principal.
viii)
A check on the contractor’s labour, material and plant returns for all work to be charges on
a day – work basis.
ix)
Photographic and documented records (as and when appropriate) of:(a)
The site prior to the commencement of the works;
(b)
The works in progress, especially critical components buried or covered during the
course of the works.
(c)
Completed sections of the works.
This information is required to compare with final reinstatement and to assess validity of
complaints by property owners.
REPORTING including:i)
Informing the Superintendent (or his Representative) either verbally or in writing, of the
results of such inspections, tests and measurements.
ii)
Promptly informing the Superintendent when he is required to give opinions, approvals or
directions under the contract.
It should be noted that the Clerk of Works shall not;
(a)
Authorise variations to the Contract and/or previous instructions of the Superintendent
without the Superintendent’s prior approval.
(b)
Issue instructions and/or directions to other than the Contractor’s nominated
representative.
LIAISON – the Clerk of Works is required to liaise with:i)
The Contractor to enable him to carry out his obligations under the contract.
ii)
Representatives of other Statutory Authorities whose assets are affected by the works (with
the Contractor if necessary).
iii)
Owners and occupiers of properties affected by the works (with the Contractor if necessary).
iv)
Other Corporation staff with an interest in the progress of the works.
v)
Members of the general public, emergency services and any other persons affected by the
works.
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CUSTOMER SERVICE
The Clerk of Works is the Corporation’s primary contact with customers during the construction
phase.
Clerks of Works should carry out their duties in such a manner as to enhance the Corporation’s
public image.
Means by which this can be achieved include:i)
Meeting with owners and/or occupiers to discuss the proposed works prior to
commencement (with the Contractor if necessary).
ii)
Attend to the reasonable requests and concerns of owners during the construction period.
iii)
Ensure that properties are correctly reinstated following completion of construction.
OCCUPATION HEALTH & SAFETY
1)
The Clerk of Works shall satisfy himself/herself that the Contractor has complied with OH&S
requirements. The Clerk of Works shall therefore:
i)
Ensure all site inductions are carried out and are site specific if relative to a GVW work
area.
ii)
Carry out daily inspections on all matters pertaining to OH&S and advise the
contractor in writing of any contraventions and provide notice to the Superintendent
accordingly.
iii)
Ensure the Contractor has an approved OH&S management plan in place.
iv)
Confirm all of the contractors health and safety responsibilities have been fully
documented.
v)
Confirm health and safety systems are displayed/available at the work sites i.e.
 Accident Report Book
vi)

Induction Records

Workplace Inspection Records

Emergency Procedures

Copies of Licences and Training

Risk Assessments available

MSDS available
Have the appropriate mechanisms in place to identify plant safety hazards, assess their
risks and implement appropriate controls. This may include;

Completion of risk assessments

Plant maintenance and inspection forms

Plant fault reporting systems
vii)
Ensure regular tool box meetings are carried out by the Contractor.
viii)
In conjunction with the Contractor carry out weekly/fortnightly site safety walks.
Complete a GVW audit, (desktop review) of the Contractors OH&S systems as required
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Environmental Management
In regard to environmental duties involving contractors the Clerk of Works is responsible for the
following:
1) Ensure the contractors Environmental Management Plan (EMP) submitted for the works
has been approved in principal by GVW’s Environment Group.
2) Undertake a risk assessment of the works QF-GVW-050 to ensure all environmental
aspects have been identified in regard to the contract and remediation measures are
included in the contractor’s EMP.
3) Carry out periodic inspections to ensure environmental aspects relevant to the contract
are in accordance with the EMP and advise the contractor in writing of any non
conformances.
4) Complete QF-GVW-044 on a monthly basis to ensure contractor works are being
undertaken in accordance with the EMP
5) Raise potential adverse environmental issues to ensure remediation actions are
implemented promptly to minimise/eliminate potential environmental impacts.
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ITEM 15
INDUSTRIAL RELATIONS
The following clause shall be included in all Construction Contract Documents.
“Then contractor shall, at its own cost, be responsible for and assume all risks of and incidental
to industrial relations with its workforce and those of its subcontractors, consultants and agents.”
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ITEM 16
ENVIRONMENTAL POLICY
A copy of the Corporation’s requirements for an EMS is attached. The requirements shall be noted
by Consultants and incorporated into specification and tender documents.
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Environmental risk assessment involving contracts
Goulburn Valley Water’s Environmental Management System (EMS) is certified to international
standard ISO 14001 and has adopted its principles as the framework for its EMS.
The focal point of the EMS is the Environment Policy which states the Corporation has a
commitment to the continuous improvement of its environmental performance.
Contractors working for or on behalf of Goulburn Valley Water have important responsibilities in
regard to performing works under the terms and conditions of their contracts. Contractors must
assess their potential to impact on the environment and formally identify the environmental
aspects and impacts involved in the proposed works.
An Environmental Management Plan will be required to be submitted to the Corporation’s
Environmental Group for review prior to the start of the proposed work. The Contractor shall,
within 14 days of the date of acceptance of tender, submit a Site Environmental Management
Plan (SEMP) to Goulburn Valley Water. The SEMP shall identify the environmental risks associated
with the works, rate the risks (e.g. high medium or low) and describe the measures proposed by
the contractor to reduce such risks. The requirement of an SEMP is designed to make contractors
aware of their environmental risks and develop sound practises to minimise potential
environmental impacts.
The SEMP shall include, as a minimum, a document indicating such matters as, but without
limitation:

















A risk assessment of the works identifying all environmental risks and control
measures
A staff induction covering environmental aspects of the site and notification
procedures in place.
Details of training provided to staff in emergency response procedures, spill
control and remediation;
Details of the placement of site accommodation, toilets and storage compounds;
Contractor's vehicle access and areas where access is to be restricted;
Protection measures for existing vegetation;
Remediation of vegetation;
Methods of dust control;
Control of discharges from and within the site;
Methods of erosion control
Methods of controlling surface run off from the site;
Methods of controlling noise
Hours of operation;
Details of monitoring inspections and audits to be undertaken by the contractor
A list of chemicals to be held onsite, appropriate storage facilities and spill
containment measures used.
Material Safety Data Sheet’s for all dangerous goods held onsite
Details of recycling and disposal of construction waste
It is suggested that the identified environmental aspects, risks and contingencies measures
proposed are summarised in a table in the SEMP. See the 1.1 table below.
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Further guidance in regard to the submission of SEMP’s may be located in EPA Publication –
Environmental Guidelines for Major Construction Sites.
Goulburn Valley Water will undertake audits of the contractors SEMP to ensure management
controls are being implemented. The Corporation’s Superintendent and Environment Group will
be available to assist contractors with additional information if required.
The Corporation’s Superintendent will complete monthly environmental checklists (QF- GVW-044),
to ensure compliance with Goulburn Valley Water’s Environmental Management System.
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ITEM 17
SUSTAINABILITY POLICY
A copy of the Corporation’s Sustainability Policy is attached. The requirements shall be noted by
Consultants and incorporated into specification and tender documents.
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Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
Sustainability Policy
Goulburn Valley Water understands that the sustainability and vitality of our regional industries
and communities, water resources and natural environment are all intrinsically linked. We believe
that to remain a viable, valued and important corporate member of the community, we must
provide essential water services to meet changing consumer needs in a way that also contributes
to the sustainability of the region as a whole, ensuring that it remains the place where we want to
live and work. While we recognise that the task is not simple, we also believe the benefits of
acting now are significant. The opportunity clearly exists to:

inspire and shape new economic and regional development,

secure a range of water sources to support future development while protecting the
environment,

optimise the long-run investment in water infrastructure and operations, and

develop innovative water systems and business solutions that are transferable elsewhere.
Goulburn Valley Water’s Sustainability Policy is:
The Corporation recognises that we exist in a global environment and we are committed
to collaboratively working with our community to foster and shape regional development
and resource management; taking account of environmental, social and economic
factors. We will achieve this through the following goals:

Ensuring ongoing organisational relevance and effectiveness

Ongoing improvement in business efficiency

Minimising the environmental footprint

Delivering integrated community benefits
Contractors working for, or on behalf of, Goulburn Valley Water have important responsibilities in
regard to incorporating sustainability considerations into their contracts and proposed works. To
this end, contractors are encouraged to assess their potential to contribute to sustainability using
triple bottom line considerations – economic, environmental and social. The Corporation’s
Sustainability Team will be available to assist contractors with additional information if required.
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
ITEM 18
EXPERT DETERMINATION
A copy of the Expert Determination Agreement is attached.
(Not to be bound into Contract)
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Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
EXPERT DETERMINATION AGREEMENT
This AGREEMENT is made the
day of
2008
BETWEEN:
(“the Claimant”)
AND:
(“the Respondent”)
AND:
of
(“the Expert”)
RECITALS:
A.
The Claimant and the Respondent (collectively “the parties”) are presently in dispute
over matters arising out of or in connection with
(“the Dispute”).
B.
The Dispute has been referred by the parties to expert determination by the Expert.
C.
The Expert has agreed to determine the Dispute on the terms set in this Agreement.
THE PARTIES AGREE AS FOLLOWS:
1.
APPOINTMENT
1.1
The parties hereby engage the Expert, and the Expert accepts the engagement, to act as
an expert in determination of the Dispute.
1.2
The parties agree to participate in good faith in the Process.
1.3
The parties agree that the determination of the dispute by the expert shall be final and
binding upon them.
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Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
2.
THE PROCESS
2.1
The Expert shall act as an expert and not as an arbitrator. The Process conducted under
or in any connection with this Agreement (“the Process”) is not an arbitration within the
meaning of any legislation or rules dealing with commercial, industrial, court-annexed or
any other form of arbitration.
2.2
The Process shall commence with the acceptance by the Expert of the appointment by
notice in writing to the parties. The Process shall conclude when the Expert has notified
the determination of the dispute in writing to the parties.
2.3
The Expert shall make a determination on the Dispute as submitted by the parties in
accordance with this Agreement.
2.4
The Expert shall make the determination according to law and shall conduct the Process
in accordance with the requirements of procedural fairness. The Expert shall make the
determination on the basis of information received from the parties and the Expert’s
own expertise. The Expert shall not be bound by the rules of evidence and may receive
any information in such manner as the Expert thinks fit.
2.5
The Expert shall disclose all information and documents received from either party to the
other party. The Expert shall not consult with a party other than in the presence of the
other party except where a party, having received due notice, fails to make a written
submission or appear at any conference.
2.6
If the Expert becomes aware of circumstances that might reasonably be considered to
adversely affect the Expert’s capacity to act independently or impartially, the Expert shall
inform the parties immediately. In such circumstances the Expert shall terminate the
Process unless the parties agree otherwise.
2.7
The parties may be required by the Expert to attend a preliminary conference to make
such procedural and administrative arrangements as are necessary and appropriate
(including the Expert’s terms of appointment) to enable the Process to proceed. At any
conference with the Expert a party may have legal or other representation. The
conference shall be held in private, but may include authorised representatives or
experts for the parties.
2.8
All proceedings and submissions relating to the Process (including the fact that any step
in the Process is occurring) shall be kept confidential between the parties and the
Expert. No information relating to or arising out of the Process may be divulged to any
other person, except with the prior written consent of the parties or as may be required
by law or to the extent necessary to enforce the determination by the Expert.
2.9
Any dispute arising between the parties in respect of any matter concerning this
Agreement or the Process, (including the Expert’s jurisdiction) shall be submitted to and
determined by the Expert.
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GOULBURN VALLEY REGION WATER CORPORATION
Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
3.
PRE-DETERMINATION STEPS [OPTIONAL]
3.1
Within [[
]] days of the date of the commencement of the Process, the
Claimant in the dispute shall provide to the Respondent and the Expert a statement in
writing detailing the nature of the dispute, any agreed statement of facts and a written
submission on the dispute in support of the Claimant’s contentions of fact and law.
3.2
Within [[
]] days after the provision of the above submission, the
Respondent shall provide to the Expert and to the Claimant a written response to the
Claimant’s submission.
3.3
Within [[
]] days after the provision of the Respondent’s response, the
Claimant may provide a written response to the Expert and to the Respondent.
3.4
The Expert may require further written submissions or documents from either or both
parties, giving each party a reasonable opportunity to make a written response to the
other’s submission, and/or call a conference between the parties and the Expert.
3.5
If the Expert decides that a conference between the parties is necessary, the Expert
shall arrange for a conference at a venue and time convenient for the parties and shall
notify them accordingly. A conference may take the form of a view.
3.6
At least [[
]] days prior to the conference the Expert shall inform the parties
in writing of any specific matters he wishes to be addressed at the conference.
3.7
At the time and place notified for the conference the parties or their representatives
shall appear before the Expert and may make oral representations.
3.8
At the conference the Expert may permit the making of such submissions as may be fair
and expedient in the circumstances.
4.
DETERMINATION
4.1
As expeditiously as possible after the receipt of the submissions or after a conference,
the Expert shall determine the dispute between the parties and notify such
determination in writing to the parties. The Expert shall give to the parties a brief
statement of the reasons for the determination.
4.2
Where the determination made by the Expert contains a clerical mistake, an error arising
from an accidental slip or omission, a material miscalculation of figures or a material
mistake in the description of any person, thing or matter, a defect of form, the Expert
may correct the determination.
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Client Handbook for Consultants
5.
COSTS OF THE DETERMINATION
5.1
Unless the parties agree otherwise, each party shall bear its own costs and shall share
equally the costs of the Expert and the Process.
5.2
6.
RELEASE AND INDEMNITY OF THE EXPERT
6.1
Except in the case of fraud, the Expert shall not be liable to any of the parties in relation
to any cause of action for anything performed or omitted by the Expert. The parties
jointly or individually hereby release and indemnify the Expert against all legal actions,
suits, proceedings, disputes, accounts, claims, demands, costs, expenses and damages
of any kind, arising out of or in connection with the Process or any other process
connected to this Agreement.
7.
EXPERT’S FEES
7.1
The parties shall pay for all the time taken by the Expert in the preparation for, the
performance of, and in connection with, the Process and any other process arising out of
or in connection with this Agreement. The Expert’s fees shall be calculated at the rates
set out in Schedule A, including the Expert’s reasonable fees and expenses.
7.2
The parties shall be jointly and severally liable to the Expert and to the security holder for
their respective fees and reasonable expenses.
7.3
Upon completion, termination or abandonment of the Process, and the Expert shall
instruct the security holder to:
7.3.1
pay the Expert’s fees and expenses from the security;
7.3.2
notify the parties of any balance of security then held, if the Expert is continuing to
perform the work under the Agreement; or
7.3.3
relay to the parties any balance of security held, if the Expert’s work has been
completed.
7.4
To the extent that the Expert’s invoices are not furnished by security, the parties shall
pay the Expert’s fees and expenses within 30 days of the date of the Expert’s invoice.
8.
SECURITY FOR THE EXPERT’S FEES
8.1
On or before [[
]], each party shall lodge with Rialto Adjudications
Pty Ltd (“the security holder”) the sum of $[[
]] (“the security”) as
security for the Expert’s fees and expenses.
8.2
The parties shall be jointly or individually responsible to the security holder for its
administrative fees in relation to the security.
8.3
Each party shall lodge with the security holder additional security as instructed by the
Expert at any time in the amount and within the time stipulated.
8.4
The Expert shall refrain from continuing the Expert Determination or any other process
under or in connection with the Agreement until the parties comply with their obligations
with respect to security.
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Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
8.5
Each of the parties authorises the security holder to :
8.5.1
make payment of the Expert’s fees and expenses from security on the Expert’s
instructions;
8.5.2
deduct, from the security, the security holder’s administrative fees and expenses in
accordance with specific provisions in this Agreement.
………………………………………………….
Signed for and behalf of the Claimant
………………………………………………….
Signed for and behalf of the Respondent
………………………………………………….
Signed by the Expert
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Standard Conditions for Goulburn Valley Water Construction Contracts
Client Handbook for Consultants
SCHEDULE A
SCHEDULE OF FEES
The Expert’s Fees shall be calculated at the following rates:
1.
per day
2.
per hour
3.
travelling/accommodation expenses
4.
secretarial services, sundries
5.
photocopying, fax
6.
security holder’s fees
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