Etheridge Shire Council is seeking tenders for DRFA Restoration Works Package 4. The works include gravel stockpiling (Separable Portion 1) and road restoration on various roads listed (Separable Portion 2). The contract is indirectly funded by the Commonwealth for value-driven schemes/policies. Practical completion dates are no later than 30th September 2026 for Separable Portion 1 and 30th November 2026 for Separable Portion 2.
The date for practical completion will be confirmed post-tender, but will be no later than 30th September 2026 for separable portion 1, and 30th November 2026 for separable portion 2.
The contract specifies payment terms based on progress claims and a final payment claim, with payment periods defined by the Security of Payment legislation and the contract. The principal shall pay the contractor for work described in the price schedule as a rate only item, the sum of the products ascertained by multiplying the measured quantity of each section or item of work actually carried out under the contract by the rate accepted by the principal for the section or item, and for all other work, including work for which the price schedule provides a lump sum, the lump sum identified in the price schedule, adjusted by any additions or deductions made pursuant to the contract.
The contractor warrants and represents that it will carry out and complete the works and all other obligations under or in connection with the contract in compliance with all requirements of the contract, applicable legislative requirements, and good industry practice. The contractor also warrants that all plant, equipment, materials, parts, consumables or other goods supplied, installed as part of or incorporated into the works shall be new, free from defects, of merchantable quality, comply with the contract, conform to any sample goods approved by the principal or superintendent, comply with all applicable legislative requirements, and be suitable and adequate for their intended purposes.
Tenderers must be suitably qualified.
Liquidated damages will apply if the works do not reach practical completion by the date for practical completion, at a rate of $1,000 per day for each separable portion.
The contract documents do not explicitly mention a mandatory or optional site visit. However, clause 25. 1 states that a competent contractor at the time of tender should have inspected the site and its near surrounds.
The contract mentions that the superintendent may direct the contractor to supply samples in relation to quality assurance and testing, but it does not specify a requirement for sample submission as part of the tender.
The contract specifies that a notice of dispute must be given within 25 business days after a direction of the superintendent is given, otherwise the contractor will be deemed to have irrevocably accepted the direction.
The contract outlines several grounds for disqualification or termination, including substantial breaches of contract such as failing to provide security, failing to comply with directions, wrongful suspension of work, substantial departure from a construction program, or insolvency. Failure to comply with legislative requirements, including those related to work health and safety, is also a significant risk.
