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In the preparation of construction documents, the architect should endeavour to minimise the likelihood of cost adjustments to the contract as a result of any work associated with site contamination.
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Insufficient information in the construction documents may result in cost adjustments as tenderers may be unable to:
- establish the quantities of contaminants
- determine the appropriate method of dealing with the contamination, types of equipment required and sequence of construction.
To minimise the likelihood of cost adjustments, it is suggested that one of the following options be included in the tender documents.
Option A
Tender documents are prepared on the basis that tenderers will be responsible for determining the extent and quantity of contaminants and safely disposing of them.
Under this option, all risks are borne by the tenderer and it should be expected that tender prices will reflect this. All available information should be provided to tenderers to assist them in their assessment. The more accurate the information provided, the less risk and the less loading of the price for the unforeseen.
Notice to tenderers clause
A suitable clause might be:
A contamination investigation of the site has been carried out by [investigator] and is included in the tender documents for information only.
Each tenderer must make its own assessment of the types and quantities of contaminated materials involved, equipment to be used, precautions to be taken and time required for this work. No adjustment for costs or time will be allowed should conditions differ from those assumed or quantities vary from those allowed.
Attention is also drawn to specification clause that covers site conditions.
By submitting a tender, the tenderer acknowledges that it understands and accepts these conditions.
Specification clause
A suitable clause might be:
A contamination investigation of the site has been carried out by [investigator] and is included in the construction documents for information only. The investigation shows that [findings] has been found.
If the land is identified as contaminated, or the presence of acid sulphate soils are found, prepare a Ground Contamination Management Plan, in conformance with the state Environmental Protection Authority (EPA) and the relevant state planning guidelines and submit to the architect for review. Include the following details:
- Preliminary investigation
- Detailed investigation
- Site Remedial Action Plan (RAP)
- Stockpile sites
- Site auditing and reporting procedures
- Record of maintenance procedures, including record of remediation work, certificates issued and restrictions place on the site
Remove the contaminated material in accordance with the RAP and to the satisfaction of the EPA.
Option B
Tender documents are prepared on the basis that tenderers will be responsible for making all allowances for methods of excavation and safely disposing of contaminants but quantities required are indicated in the tender documents and subject to adjustment.
Under this option, the risks of removal and disposal are borne by the tenderer but quantity risks are borne by the owner. Tender prices will reflect this and, as for Option A, all available information should be provided to tenderers to assist them in their assessment. It is recommended that provisional quantities be included within the contract price to minimise the impact on the contract price when the actual quantities are adjusted against allowance.
Notice to Tenderers clause
A suitable clause might be:
A contamination investigation of the site has been carried out by [investigator] and is included in the tender documents for information only.
The tenderer must make its own allowances for methods of removal and disposal of contaminated material, equipment to be used, precautions to be taken and time required for these works. No cost adjustment will be allowed due to the tenderer’s failure to accurately allow for methods of removal and disposal of contaminated material, equipment to be used and time required for these works.
Keep a detailed and accurate record of the quantities involved so that these can be adjusted against the provisional quantities allowed in the contract price.
Attention is also drawn to specification clause that covers site conditions.
By submitting a tender, the tenderer acknowledges that it understands and accepts these conditions.
Specification clause
A suitable clause might be:
A contamination investigation of the site has been carried out by [investigator] and is included in the construction documents for information only. The investigation shows that [findings] has been found.
Prepare a Ground Contamination Management Plan, in conformance with the state Environmental Protection Authority (EPA) and the relevant state planning guidelines and submit to the architect for review. Include the following details:
- Preliminary investigation
- Detailed investigation
- Site Remedial Action Plan (RAP)
- Stockpile sites
- Site auditing and reporting procedures
- Record of maintenance procedures, including record of remediation work, certificates issued and restrictions place on the site
Remove the contaminated material in accordance with RAP and to the satisfaction of the EPA.
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