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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
ANNEXURE TO
Australian Standard Minor Works Contract
Conditions (Principal Administered)
AS 4906 – 2002
Part A
This Annexure shall be completed and issued as part of tender documents and
subject to any amendments to be incorporated into contract, is to be attached to
these Minor works contract conditions and shall be read as part of the contract.
Item
Principal (clause1)
1
2
Principal’s Address
Principal’s Representative
3
Central Desert Shire Council
ABN 93 873 628 303
PO Box 2257
Alice Springs NT 0871
T 08 8958 9500 F 08 8958 9501
Hiran Wickrama
Contractor (clause 1)
ABN:
Contractor’s Representative
4
5
Contractor’s Address
a) Date for practical completion
(clause 1)
day of
2012
OR
Period of time for practical completion
(clause 1)
6
Contractor’s security
a) Form of (clause 3)
b) Amount or maximum percentage of
contract sum (clause 3)
Retention moneys / Bank Guarantee
(delete one)
5%
(if nothing stated, 5% of the contract sum)
c) If retention moneys, percentage of
each payment certificate (clause 3)
10%
(if nothing stated, 10%, until the limit in item 6(b))
d) Time for provision (except for
retention moneys) (clause 3)
SECTION D – CONDITIONS OF CONTRACT
Not Applicable
within days after date of acceptance of tender
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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
7
Amount of limit of indemnity for damage
to other property of the Principal
(subclause 10.1(a))
A$10million
8
The amount of contract works insurance
cover (clause 11)
Contract Sum
9
The amount of public liability insurance
cover in respect of any one occurrence
shall not be less than (clause 12)
A$10million
10
The time for giving possession of the site Within 28 calendar days after the date of
to the Contractor (clause 17)
acceptance of tender
(If nothing stated, the contract sum plus 20%)
(If nothing stated, 14 days)
11
Liquidated damages (subclause 20.5)
a) Rate
$ 100 per day
b) Limit
(If nothing stated, there is no limit)
12
Delay damages, rate
(subclause 20.6)
$ 50.00
13
Defects liability period
(clause 21)
13 Weeks
14
Time for progress claims
(subclause 23.1)
on the
15
The rate of interest on overdue payments 12% per annum
(If no rate stated, 18% per annum)
(subclause 23.4)
16
Arbitration
(sub-clause 27.3)
(a) The person to nominate an arbitrator
(b) Rules for arbitration
SECTION D – CONDITIONS OF CONTRACT
per calendar day
(If nothing stated, as reasonably assessed by the
Superintendent)
(If no period stated, 26 weeks)
last day of each month
Chief Executive Officer Central Desert
Shire
…………………………………………………..
If nothing stated, Rules 5-18 of the Rules of the Institute
of Arbitrators & Mediators Australia for the conduct of
Commercial Arbitrations
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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
ANNEXURE TO
The Australian Standard Minor Works Contract
Conditions (Superintendent administered)
AS 4906 – 2002
PART B
Deletions, amendments and additions
The following deletions, additions and amendments have been made to AS 4906 2002
Clause 10 ‘Damage to persons and property other than WUC’
Delete the following:
10.2 The Principal shall indemnify the Contractor in respect of claims referred to in
paragraph (d) of subclause 10.1
Clause 14 ‘Insurance provisions’
Replace clause 14.1 with the following:
14.1 Proof of insurance
Before the Contractor commences WUC and whenever requested in writing by
the Principal, the Contractor shall provide satisfactory evidence of such
insurances effected and maintained.
Insurance shall not limit liabilities or obligation under other provisions of the
Contract.
Satisfactory evidence of insurance shall be Certificates of Currency of
Insurance lodged with the Principal’s Representative.
Clause 20 ‘Time and progress’
Delete the following clause 20.6
20.6 Delay Damages
For every day the subject of an Extension of Time (EOT) for a compensable
cause and for which the Contractor gives the Principal a claim for delay
damages, damages certified by the Principal’s Representative in accordance
with Item 14 shall be due and payable to the Contractor.
Clause 23 ‘Payment’
Amend the following clause:
23.2
Certificates
Line 22, replace 21 days with 28 days.
SECTION D – CONDITIONS OF CONTRACT
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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
Clause 28 ‘Goods and Services Tax’
Add the following clause:
Tendered rates and/or prices shall be inclusive of GST.
Clause 29 ‘Builders Licence
Add the following clause:
The Contractor must be licensed in the Northern Territory of Australia by the
Building Practitioners Board under the Building Act 2007 to carry out the
WUC.
All WUC must be supervised by a registered Building Practitioner.
All plumbing Sub–Contractors used by the Contractor must be licensed under
the Plumbers and Drainers Licensing Board.
All electrical Sub-Contractors used by the Contractor must be licensed under
the Electrical Workers and Contractors Licensing Board.
All the above licenses must be kept current until the completion of the
contracted works.
Clause 30 ‘Commencement of Work’
Add the following clause:
The Contractor shall not be permitted to commence work on the site until
satisfactory evidence has been provided to the Superintendent of:
(a) Insurance cover taken out as specified in the schedule at Addendum A to
AS4906 - 2002 Annexure Part A
(b) The payment of Levies and Fees as specified in the schedule at
Addendum A to AS4906 - 2002 Annexure Part A.
Clause 31 ‘Warranties’
Add the following clause:
31.1
Warranties
The Contractor must claim for and on behalf of the Principal, the benefit of any
warranty applying to materials and products installed by the Contractor.
Clause 32 ‘Submission and format of Progress Claims’
Add the following clause:
32.1
Delivery of progress claims
All payment claims must be addressed and delivered to:
SECTION D – CONDITIONS OF CONTRACT
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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
The Director of Infrastructure,
Central Desert Shire,
PO Box 2257
Alice Springs, NT 0871
32.2
Progress claim format
Any progress claim submitted under this contract shall be a Tax Invoice in
accordance with ‘A New Tax System Services Tax) Act 1999’. The Principal is
not obliged to make any payment under this Contract unless the Contractor
has provided a complying Tax Invoice in respect of that payment.
The Contractor shall provide the following information on each claim:
· Invoice number
· Project name including location
· Claim Number & cumulative percentage of claim
· Value of work claimed
· Issue Date
· Number of hours of indigenous employment and training associated
with the claim The invoice shall record the hours associated with the
progress claim and the cumulative total of hours. If no hours have been
worked or reported then the respective claim shall record nil.
Progress claims must clearly state the percentage of and description of the
stage of works being claimed in accordance with the tender price breakdown
submitted or as amended by the Principal. Preliminaries shall be claimed
progressively as a percentage of the total work completed or at a greater
percentage where details to justify the claim are provided for assessment by
the Principal.
32.3
Variation claims
The Contractor shall submit separate progress claims for Contract Variation
claims. The progress claims must display:
· Invoice number
· Project name including location
· Variation claim number
· Issue date
· Number of hours of indigenous employment and training associated
with the claim. The invoice shall record the hours associated with the
progress claim and the cumulative total of hours. If no hours have been
worked or reported then the respective claim shall record nil.
32.4
Original tax invoices
The Principal shall only pay against originals tax invoices. Faxed or
photocopied copies will not be processed.
32.5
Non-complying claims
Any payment claim submitted by the Contractor that does not comply with all
the requirements specified in this clause, will be returned to the Contractor
and the Contractor will be required to submit a new payment claim dated at
time of issue.
SECTION D – CONDITIONS OF CONTRACT
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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
Clause 33 ‘Precedence’
Add the following clause:
Should any ambiguity, discrepancy or inconsistency exist in the Contract
Documents then the order of precedence for this Contract shall be as per
below:
AS4906 –2002 and Annexures A & B and Addenda
Engineer’s Reports (where issued)
Schedules
Drawings (larger scale)
Drawings (smaller scale)
Specification
Clause 34 ‘Notification & Site Inspections’
Add the following clause:
The Contractor is responsible for providing the notifications and confirmations
as tabled in Addendum B to Annexure Part B.
The Contractor or nominee must be present at site inspections as tabled in
Addendum C to Annexure Part B.
Clause 35 ‘Contractor Conduct’
Add the following clause:
The Contractor must ensure that the “Conduct for Central Desert Shire
Contractors” requirements advised to the Contractor by the Principal’s
Representative are adhered to by all staff and all Sub-Contractors engaged
during the period of the Contract.
Clause 36 ‘Jurisdiction’
Add the following clause:
36.1
The laws in force in Northern Territory, including law with respect to capacity
to contract and manner of performance, apply to this Contract.
36.2
The courts of Northern Territory have exclusive jurisdiction to determine any
proceeding in relation to this Contract.
36.3
Any proceeding brought in a Federal Court must be instituted in the Alice
Springs Registry of that Federal Court, and neither the Principal nor
Contractor may apply to transfer any proceedings to another registry of the
Federal Court.
SECTION D – CONDITIONS OF CONTRACT
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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
ADDENDUM A
ANNEXURE TO AS4906 – 2002 PART B
INSURANCES, STATUTORY LEVIES & FEES
Note: All Tenderers are advised to purchase a copy of AS4906-2002 from Standards
Australia.
INSURANCES & LEVIES
DESCRIPTION
BY
Public & Product Liability
Insurance
Public Liability coverage as per Annexure Contractor
Part A.
Workcover Compensation and
Employer’s Liability
Workcover Certificate of Registration
Contractor
(provide copy of certificate and evidence
of levy payment)
NT Build Portable Long Service
Leave Levy (where applicable)
Statutory Levy of 0.5% of estimated Principal
value of works including GST.
Note : Levy is applicable to all works over
A$200,000 (including GST)
FEES
DESCRIPTION
BY
Department of Lands and
Planning (as applicable)
Planning Approval
(as applicable)
Not Applicable
Building Certification
Building Certification and Certificate of Principal
Occupancy
(as applicable)
Department of Health and
Community Services
Notification of intent to install a Septic Contractor
Tank outside of a Building Control Area
Self certifying
(as applicable)
plumber
Note: Unless otherwise stated all of the above charges, levies & fees will form part of the
lump sum price of the tender and are payable by the Contractor. If a Contractor obtains
payment exemption for any of the charges, levies or fees listed above the Principal
reserves right to issue a credit variation to claim back the amount that would otherwise
have been payable by the Contractor.
SECTION D – CONDITIONS OF CONTRACT
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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
ADDENDUM B
ANNEXURE TO AS4906-2002 PART B
NOTIFICATION SCHEDULE
ACTIVITY
NOTICE
CONTACT PERSONS
Inspections prior to
commencement on site
5 working days
prior
Principal’s Representative
Commencement on site
through to Practical
Completion
5 working days
prior
Principal’s Representative
Shire Service Manager
Shire Service Manager Lajamanu
Sue Greggery Phone 8975 0886
ADDENDUM C
ANNEXURE TO AS4906-2002 PART B
SCHEDULE OF INSPECTIONS
ACTIVITY
Commencement on site
Practical Completion
SECTION D – CONDITIONS OF CONTRACT
REPRESENTATIVES
Contractor
Principal’s Representative
Shire Service Manager
Contractor
Principal’s Representative
Shire Service Manager
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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
ADDENDUM D
ANNEXURE TO AS4906 – 2002 PART B
ABORIGINAL EMPLOYMENT & TRAINING
Aboriginal employment and training is encouraged in the delivery of this construction
project. Contractor’s performance will include assessment of Aboriginal employment
and training outcomes. Such assessment shall include the direct employment of
Aboriginal workers by the Contractor and / or through entering into arrangements
with Central Desert Shire (CDS) Community Development Employment Projects
(CDEP) where CDEP participants are engaged to help deliver the project.
Community CDEP Participation and Employment
The Contractor may provide the Central Desert Shire CDEP participants with on-thejob training and work experience and undertake to assist with meeting specific work
experience requirements where possible.
The Contractor may assist and support the provision of training and employment of
nominated community members for the duration of the construction program by
entering into an agreement with Central Desert Shire’s CDEP. Under such an
agreement Central Desert Shire will provide CDEP participants to work under the
supervision of the Contractor for up to 38 hours per week per participant.
The Contractor shall:
· Assist with the training and employment of CDEP participants during the
period of construction (refer to details below)
· Providing work supervision and on-site training as applicable and appropriate
· Providing appropriate occupation health and safety working conditions
· Pay Central Desert Shire CDEP for participant labour.
Central Desert Shire CDEP shall provide the following:
· Identification and nomination of CDEP participants
· Ensure participants hold a current White Card.
· Payment of wages
· Protective footwear & clothing
· Commitment to provide workplace attendance in accordance with the
conditions and Award detailed below.
· Invoice the Contractor for participant labour.
Hours of Work
Hours of work shall be based upon up to normal working hours of 38 hours per week.
Start, finish and breaks times are to be mutually negotiated.
Overtime may be offered by the Contractor without obligation. Availability of overtime
for CDEP participants and their availability to undertake overtime is to be mutually
negotiated between the local CDEP Supervisor and the Contractor (or the
Contractor’s representative). Any agreement by both parties regarding overtime is to
be confirmed weekly prior to the commencement of the new working week. A
maximum of 10 working hours per day is to apply. Overtime will accrue only after the
total hours of the normal working week have been worked.
SECTION D – CONDITIONS OF CONTRACT
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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
Rates for overtime shall be at time and a half during normal working days, double
time for weekends and public holidays.
The working week is to commence on the same day as the Central Desert Shire pay
period (fortnightly commencing on a Monday). Hours are to be counted in not less
than half hour units.
Meal breaks shall not be counted as working hours. Within any working day a meal
break of not less than 30 minutes shall be provided.
Morning and afternoon tea breaks each of 15 minutes shall be counted as working
hours.
Any changes to the hours of work are to be negotiated between the CDEP
Supervisor and the Contractor.
Public Holidays & Weekend Work
The CDS CDEP participants shall not be obliged to work on weekends or on public
holidays but may do so where mutually negotiated.
Rates
CDEP participants shall be paid at the applicable hourly rate applied by Central
Desert Shire. For the financial year 2011-12 the rate for normal hours is $25.0 per
hour.
Training
Formal training modules may be organized and delivered by a training provider for
the area. The CDS CDEP Supervisor shall inform the Contractor of the intended
times at which training modules will be undertaken. Formal training will be
undertaken during the CDEP hours provided by Central Desert Shire. The Contractor
shall not be liable for labour costs while CDEP Participants are engaged in formal or
accredited training.
Additional on-site training and supervision by the Contractor is encouraged to
promote trainees’ productivity, skill level and capabilities. Providing opportunities for
trainees to work alongside other skilled employees and sub-contractors is also
encouraged.
SECTION D – CONDITIONS OF CONTRACT
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Central Desert Shire Council
1 Bagot Street Alice Springs NT 0870
PO Box 2257 Alice Springs NT 0871
www.centraldesert.nt.gov.au
T:08 8958 9500 F: 08 8958 9501
ADDENDUM E
ANNEXURE TO AS4906 – 2002 PART B
INSURANCE CERTIFICATE OF CURRENCY REQUIREMENTS
Insured
The description of the “Insured” should indicate that the company required to have
insurance cover under the contract is included under the heading “Insured”.
Class of Insurance
This must be the type required under the contract between the parties. Companies or
sole traders must have at least A$20 million Public and Product Liability cover or
cover to the value stated in Annexure Part A.
Business & Product Description
The description of the “Business” should be noted in the Certificate of Currency as
referenced in the policy that has been effected. You should ensure that the
“Business” description in the policy represents the activities, being the subject matter
of the contract.
The description of “Products” should be noted in the Certificate of Currency as
referenced in the policy that has been effected. You should ensure that the
“Products” description in the policy represents the sourced products being the subject
matter of the contract.
Insurer/Broker
The certificate may be issued be either the insurer (preferably) or the broker on their
letterhead.
Policy Number
The certificate must state the insurance policy number
Period of Insurance
The insurance period should cover the period of the contract. Where the policy
expires during the currency of the contract, the company will renew the policy and
provide a copy of the current certificate.
Limit of Liability
This must be at least the amount stated in Annexure Part A Product and Public
Liability for any one occurrence.
Signature/Stamp
The certificate must be signed by an officer of the insurer or broker on the
appropriate letterhead and with the insurer s/brokers stamp displayed.
Interested Party
The Insurance Policy document and Certificate of Currency must list the Principal as
an interested party.
Note: Although these requirements have specific references to Public & Product Liability insurance the
principles outlined are to be applied to Certificates for all other types of insurance, e.g. Construction
Works insurance.
SECTION D – CONDITIONS OF CONTRACT
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