Building the Education Revolution

Working with Your Builder on P21 Projects

(Information for Schools on the Contract Administration Process)
The South Australian Government has agreed to deliver the Primary Schools for the 21st
Century (P21) program within South Australia in accordance with the conditions and rapid
timeframes proposed by the Australian Government in its Nation Building - Economic
Stimulus Plan.
The overall program is very challenging given the number of major building construction
projects that must be completed in a very short space of time. Building Management, a
division of the Department for Transport, Energy and Infrastructure (DTEI) provides asset,
risk and project advice and management to the South Australian Government and its
agencies when a major building construction project is being delivered. DTEI has worked in
partnership with the States Coordinator-General and the Department of Education and
Childrens Services (DECS) to develop a specially designed system that will deliver good
value projects to schools on time and on budget.
You, the School, have a critical role to play in meeting these objectives.
It will not be possible for DTEI to undertake its usual overview and inspection roles during the
Contract, so it is important that you bring to the delivery process your knowledge of the
School site, your resources to work with the Builder and be part of necessary decision
making processes and your watching brief on general design and construction progress.
Of course the overall project objective is to achieve an excellent result for your School with
new and refurbished buildings that represent good value in their support of teaching and
learning.
The Builder will have a consultant team of architects and engineers that will complete the
design of the new or refurbished facilities. These team members will have numerous
questions for the School, particularly in the early days when establishing the project and
completing the design. (Refer Appendix 1 for more details on the role of the Consultants)
The Builder has many obligations under its design and construct contract with the Minister for
Infrastructure including:

finishing the construction works within the approved amount

finishing on time

building to the specified standards

managing a range of risks including design, site, weather, construction etc.

It is important that you recognise that working as a team with the Builder is vital to overall
project success, however it must be on the basis that ultimately design and construction
matters must be decided by the Builder and not directed by the School. Directions from the
School that are not in accordance with the Builders obligations under the Contract will
transfer risks back to Government and could lead to cost (and time) overruns which must be
paid for out of the Schools project budget.
It is also important that you recognise that the architect and engineers are reporting to the

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Builder as its Consultants. You may have experienced conventional arrangements
implemented by DTEI, where the design team is independent of the Builder and reports to
DTEI/DECS. This is not the case under BER and you should avoid working independently
with the Builders Consultants.
Under the Builders Contract there are formal roles for DTEI and for the School through its
appointed School Representative. (In the contract documents the School Representative is
the School Principal. The Principal may nominate a Representative to work on a day-to-day
basis with the Builder if required.)
The Builder has come through a series of important steps to win the right to bid for the
project. For your information the steps are set out in Appendix 2.

What the Builder Must Do

.design and construct your project, on time, on budget and to good quality!
It must appoint a responsible person (not always the same person) to be its representative
and available on site at all times.
The Builder and its architect and engineers will:

work with you to confirm siting of the new building and later to confirm material and
colour selections

investigate and design for site specific issues i.e. electrical requirements, terrain,
demolition, contamination

a little later, work with you to scope the refurbishment works (if applicable)

design and implement the construction program

manage the calling and letting of all subcontractor/trade contracts and manage
subcontractors generally.

Construction Cost
The Builder will submit a Target Construction Sum to DTEI for the Works. The Target
Construction Sum is made up of

for the new building work - a fixed price for the superstructure (all work above ground)
and a target price for the substructure, site works, site services, demolition and
remediation

for the refurbishment work (if applicable) an initial amount nominated by DECS.

The Builder and its design team will commence the process of completing the design of the
new building work with a focus on the site specific elements such as the footings, paving etc.
At a time nominated in the Contract (when the site specific information should be known and
the design is advanced) the Builder must submit a fixed price and program for the project
(the contract sets out the consequences of the submitted price and program not being
acceptable). Assuming all is well, the price and completion date will be approved and from
that point on the Builder has strict obligations to finish on budget and on time.
It is important that you recognise that from the time of approval of the Builders price and
completion date, you must not issue variations to the Builder i.e. ask the Builder to do
additional things or to change the design. The Contract has been structured in this way to
make sure the Builder remains accountable and to control the final cost of your project.
It is also important that you recognise that until the Builders price for new building work is
approved, the cost of your project will not be fully understood and the scope is subject to
variation. If there are risks that the Builder must address at your site (like problems with the

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soil, or high wind loading or poor services etc) the cost of the new building could be higher
than planned for and decisions must be made about the scope of the project and/or the
refurbishment work.

Refurbishment Work
For the reasons outlined above, if your project includes refurbishment work to existing
buildings, the Builder will not start the process of considering the scope of work and the
associated design until after the fixed price and time for new building work is approved.
That will be about 10 weeks into the project. It has been arranged in that way to be sure that
the Builder is only being asked to scope refurbishment work for a verified budget amount,
and importantly to give some time for the School to work out its objectives for the
refurbishment work.
Once the final refurbishment budget is known, the Builder will bring its Consultants as
required to meet with the School and scope the work that must be undertaken in the existing
buildings. It will then submit to DTEI for approval an indicative scope of works and target
price for the refurbishment work (together with supporting information). The Builder must
ensure that the delivery of the indicative scope of works can be achieved within the approved
refurbishment budget and within the fixed completion date.
If the indicative scope of works and target price is approved, the Builder proceeds on to finish
the design and submit it with the associated final price for approval.
This might seem a somewhat complex process, but it has been implemented to ensure that
each School gets good value for its refurbishment works in an environment where the usual
budget and risk controls cannot be implemented.

Date for Practical Completion

The Builder must finish by the approved date for completion. The Builder is not entitled to
extensions of time for wet weather or the Architect running late etc. Once again it is
important that the School does not give directions which might allow the Builder to say it has
been delayed by the Government.
When DTEI has told the Builder that the works are practically complete i.e. suitable for use
by the School but not necessarily completely finished, you can move in. The Builder will then
have six more weeks during which all unfinished work or any defects must be completed. At
this stage the Builder gets back a sum of money that has been held by DTEI to make sure
that the work is done properly. Overall there are 12 months during which anything that is
defective (but not something broken by inappropriate use or something that is additional
work) must be repaired by the Builder.

Occupational Health, Safety and Welfare

The Builder will fence off a site area within which the construction activities will take place.
Within that area the Builder is responsible for OHS&W for all persons within the area. The
School will remain responsible in the usual way for OHS&W on the site as a whole.

Development Approval, Certification and Quality management

The Builder has to arrange that the project achieves development approval for the final
design from the State Coordinator-General under the Development Act 1993 (SA) and
arrange for the work to be certified by a private certifier as complying with the provisions of
the Building Rules. The Builder must also arrange for other approvals i.e. SA Water, ETSA
etc
The Builder must ensure that its Consultants provide compliance statements that the works
are in accordance with the project requirements and the Contract.

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Information
The Builder has been given a lot of information about the project but the Government does
not guarantee the accuracy, quality or completeness of the information specified in lists,
schedules, reports etc and the Builder must check the information contained in any
document particularly the following documents (as applicable)

Register of Hazardous Materials (held at your site)

Site Visit Report

Geotechnical Report

Site Survey

School Buildings Refurbishment Guideline (prepared by DECS)

If the Builder relies on any of the information it is responsible for ensuring its accuracy,
currency or completeness.

Employment of apprentices, trainees, Indigenous people and local people with

barriers to employment
The Builder has to meet targets relating to the employment of apprentices, trainees,
Indigenous people and local people with barriers to employment.

What the School Must Do

You will be actively liaising with the Builder making sure that it understands your School and
your site and knows where to find things. The Builder will have lots of questions about the
design of the new building work and the refurbishment work and you should appoint a
Representative that can speak for the School and make decisions quickly so that the Builder
is not held up. If there is any delay the Builder may claim an extension of time for completing
the work and additional costs.
While you should fully cooperate with your Builder, the School should not issue any
directions that may amount to a variation as this may also result in additional costs.
One important area of cooperation is to ensure that if you need to move out of school
facilities so the demolition and/or construction work can commence that you make sure you
have fully moved by the date agreed with the Builder.
The School will fully maintain its OHS&W plan making sure that there is careful assessment
of the construction activities on evacuation plans and the like.
Your School Representative will

work with the Builder and its design team to confirm siting of the new building, material
and colour selection, refurbishment scope etc

make decisions and assist the Builder with queries promptly

ensure the school community provides input into the design process

ensure the Builder is fully briefed on the operational and functional needs of the school
community

work with Asset Services, DECS, to ensure any requirements are implemented on site

facilitate the Builders on-site activities during construction

attend site meetings with the Builder as required

sign-off on photographic evidence provided by the Builder on construction progress (this

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is part of the formal role of School Representative under the Builders Contract)

Occupation of any part of the work

It is important that you do not use or occupy any part of the new building or refurbishment
works until DTEI advises you that the work is complete and the necessary statutory
approvals are in place.

What DTEI/DECS Must Do

DTEI and DECS have developed a management framework aimed at ensuring that all
projects in the BER program are successfully delivered. The framework includes project
selection processes, tendering and contract processes, contract administration, reporting,
monitoring etc for the overall list of projects in the Plan.
DECS Asset Services will provide support to school communities and in particular

manage project processes in accordance with Commonwealth requirements

ensure approved project parameters for scope, quality, time and cost are adhered to

ensure your Schools briefed requirements are met

liaise with the State Coordinator-General

DTEI will conduct the formal tendering and contract arrangements and will

manage the procurement process and contract administration issues

provide advice on quality standards to you and the Builder

provide a suite of technical and design guide notes

conduct random construction quality audits

conduct random cost audits

process contract payments

arrange for cost managers to report on project financials and recommend contract
payments

manage the interface between the Builder and relevant Facilities Manager at completion

manage reporting systems to meet Commonwealth requirements.

Useful Notes
Set out below are notes which it is hoped will assist you as you proceed through working with
your Builder to deliver your BER project.

Communication
Informal communication (information sharing)
The School Representative and the Builders Representative will discuss day-to-day site
management and co-ordination issues. Any community issues related to the school are to
be coordinated through the School Representative.
Formal communication (contractual issues)
DECS Asset Services, DTEI and the Builder will resolve any issues relating to the approved
scope, budget and program for the project, generally with input from the School.

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DTEI and the Builder will discuss any contractual issues e.g. target construction sum, target
construction program, payments, reporting, disputes etc generally with input from the School
Representative.
Refer to Appendix 3 for a communication flow chart.

Meetings
All meetings will be arranged by the Builder. Issues to be addressed include:
Design meetings (in the initial weeks)
siting of new facility

site specific issues i.e. access, fire/bushfire, heritage, noise abatement, environmental

site services i.e. power, water, data

material selections

DECS standards and guidelines

refurbishment functional objectives and requirements (scope) (if applicable)

refurbishment scope and budget alignment (if applicable)

Development Approval/Certification issues

Construction meetings (held regularly throughout the project)

School and Builder site coordination issues

items to be provided by School

items to be re-used/salvaged

progress to date against approved program

proposed activities for following week/fortnight

staging/decanting requirements

hazardous activities, disconnection of services.

Site Administration/Management
The following are notes about the administration of the Contract and the management of the
Builders Site:

working hours are between 7 am to 5 pm (to be confirmed with applicable local

government authority with regard to any site working restriction times) with large items to
be delivered outside of school hours

working days 5 days (Monday to Friday) unless approved otherwise by DTEI

the School and Builder will coordinate access and deliveries

the School and Builder will agree the Builders construction area and the appropriate
hoarding/fencing

the School will advise the Builder on requirements for reporting and identification for the
Builders team and construction workers

the School will be providing the Builder with access to power and water but not to toilets

the Builder will set up its own office and amenities within its construction site and will
ensure that all necessary storage and bins are provided

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there must be agreement on parking arrangements

the Builder will be responsible for inductions onto the construction area and must have
an OHS&W plan including evacuation procedure and management of hazardous
materials (copy of register to be provided by school to Builder)

if the Builder finds asbestos or other hazardous materials it is accountable for their safe
removal. Note that all asbestos products must be removed outside of normal school
hours when staff, students and the general community (i.e. sporting clubs that may use
school facilities) are not present on site. Key issues for consideration include:

school community awareness and consultation

agreed program for removal

air monitoring/ clearance certificate provided by Builder prior to re-occupation by

School

the Builder understands that smoking, alcohol and dogs are not permitted on site

Environmental Site Management

The Builder must implement environmental site management practices to minimise
construction waste, avoid contamination of surroundings, and encourage recycling and
resource conservation.

Approvals
When the Builder wants to be paid for the work completed to date, it must make a payment
claim to DTEI. The claim for payment must be accompanied by photographs which clearly
confirm the completion of the work which is the subject of the claim for payment.
The School Representative will be requested by the Builder to verify that the photographs are
a true record of the progress on Site. The verification is in general terms and the School
Representative will not be requested to verify technical or construction detailing progress.

Practical Completion (Handover)

When the Builder believes that the works are completed such that they are suitable for
occupation, DTEI will be requested to issue a Certificate of Practical Completion.
You can expect that at Practical Completion the Builder has

shown you certificates of compliance i.e. electrical, gas and fire

ensured safe access to the building

fully cleaned the new facilities

tagged all keys and checked their operation

trained and inducted the School and Facilities Manager on the use of facilities and
equipment

agreed protocols for you to report any defects to the Builder during the next six weeks.

Completion
There is a six week period after Practical Completion until the works will be reassessed for
completion so that the Builder can request that the security money be returned and all
payments on the project can be finalised.
You can expect that at Completion the Builder has

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completed all outstanding items of work and corrected any defects identified to that time

provided you with operating and maintenance manuals

removed all amenities, hoarding etc, left the site clean and removed the site sign

reaffirmed protocols for you to report any defects to the Builder during the 12 month
defects liability period.

Information
DTEI has established a contract information hotline if you have any enquiries relating to
design or construction matters. Please don't hesitate to ring the number at (08) 8207 7122
and our person will be able to either assist you personally or direct you to a DTEI person who
can.

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Appendix 1

Role of the Builders Consultants

The following services shall be provided by the design team.
1.

Quality management services

1.1

Compliance statements that the Works are in accordance with the Principals Project
Requirements at the following milestones:
(a)

substructure complete

(b)

structural frame complete

(c)

first fix

(d)

second fix

(e)

commissioning

(f)

practical completion

(g)

final completion.

1.2

Statement of approval where materials, products or finishes are substituted for those in the
reference documents

1.3

Statement that samples submitted are in accordance with the intent of the Principals Reference
Design or are an approved substitution.

1.4

Statement that tests required under the Contract have been undertaken and have passed.

1.5

Statement of outstanding items and defects at Practical Completion.

1.6

Statement that all outstanding items are complete.

1.7

Statement that operation/maintenance manuals are in accordance with the Contract.

1.8

Collection and retention of Quality Control documents including the above statements,
inspection reports, submission approvals, test results, planning approval, building rules
certification, site contamination assessment, geotechnical report, correspondence and notes of
meetings with authorities, authority approvals, warranties and warranty schedule,
commissioning reports, waste management plan etc. for a period of three (3) years or the
warranty period, whichever is greater.

2.

Architectural Consultant

The following services shall be provided by a recognised professional in the discipline of architecture,
with preference for an architect (registered).
2.1

2.2

Determination of the final siting of the building including:

(a)

Adherence to the applicable development plan

(b)

Observance of boundaries and easements

(c)

Relationship to other site features existing buildings/significant trees

(d)

Orientation

(e)

Traffic planning, car parking, vehicular and pedestrian access

(f)

Application of standard design i.e. mirroring/flipping of plan as required to suit the

Site.

Determination of aesthetic decisions

(a)

Selection of materials and finishes that integrate with the schools context and

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environment
2.3

3.

Determination of site specific issues

(a)

Design for access

(b)

Design for fire/bushfire

(c)

Heritage considerations

(d)

Noise abatement

(e)

Environment (arid, coastal etc - corrosion & material specification issues etc)

Structural / Civil / Geotechnical / Environmental Engineering and Surveying Consultant

The following services shall be provided by a recognised professional in the relevant discipline
with preference for engineering services for a certified practicing engineer.

3.1

3.2

4.

Design of Structure
(a)

Calculations for the superstructure design taking into account site specific conditions
such as wind loading and corrosive environment.

(b)

Geotechnical investigation, design and documentation of site specific foundations.

Design of Site Works

(a)

Site survey as required

(b)

Contamination management

(c)

Finished floor level determination

(d)

Earthworks design

(e)

Stormwater disposal design

(f)

Pavements/retaining walls/landscaping design

(g)

Design for access (accessible pathways and thresholds in accordance with AS1428
and the Disability Discrimination Act - 1992)

Services Engineering Consultants

The following services shall be provided by a recognised professional in the relevant discipline
of engineering, with preference for a certified practicing engineer

4.1

Completion of services design

(a)

Connections to water, gas, power, sewer, data, communications, security

(b)

Upgrade of existing services infrastructure (if required)

(c)

Implementation of design solutions to climatic conditions that are different from

Adelaide (eg arid, coastal etc).

Prescribed Role For Consultants Refurbishment Work

1.

Quality management services (by appropriate Consultant)

The following services shall be provided by a recognised professional in an appropriate discipline.

1.1

Compliance statements that the Works are in accordance with the approved
Refurbishment design and documentation, DECS and DTEI Guidelines, at the following
milestones:
(a)

demolition complete

(b)

structural work complete

(c)

first fix complete

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(d)

second fix complete

(e)

commissioning

(f)

practical completion

(g)

final completion

1.2

Statement that the Refurbishment Work is in accordance with the Principals Project
Requirements.

1.3

Statement of outstanding items, omissions and defects at Practical Completion.

1.4

Statement that all outstanding items are complete.

1.5

Statement that operation/maintenance manuals are in accordance with the Contract.

1.6

Collection and retention of Quality Control documents including the above statements,
inspection reports, submission approvals, test results, planning approval, building rules
certification, correspondence and notes of meetings with authorities, authority approvals,
warranties and warranty schedule, commissioning reports, waste management plan etc. for a
period of three (3) years or the warranty period, whichever is greater.

2.

Architectural Consultant

The following services shall be provided by a recognised professional in the discipline of architecture,
with preference for an architect (registered).
2.1

2.2

Determination of the scope of the Refurbishment Work to be undertaken taking account

of the Upper Limit Prime Cost Sum including:
(a)

meetings with the nominated School Representative to determine the extent of work
that provides the best value-for-money educational outcome

(b)

inspection of existing buildings

(c)

obtaining existing building information, drawings etc.

(d)

creating new building base plans where necessary and supplying them to other
Consultants

(e)

Reviewing Building Code requirements as part of the Refurbishment Works and

incorporate new works to ensure compliance where necessary

(f)

undertaking preliminary design and documentation for submission to the Principal for
approval

(g)

making alterations required by the Principal and completing Refurbishment design

and documentation to ensure Development and Building Rules approval can be
obtained

(h)

co-ordinating the design with all disciplines.

Determination of aesthetic decisions

(a)

2.3

Selection of materials and finishes that integrate with the schools context and
environment.

Consideration of site specific issues in the Refurbishment;

(a)

Design for access

(b)

Design for fire/bushfire

(c)

Heritage considerations

(d)

Noise abatement

(e)

Environment (arid, coastal etc - corrosion & material specification issues etc)

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3.

Structural / Civil / Geotechnical / Environmental Engineering and Surveying Consultant

The following services shall be provided by a recognised professional in the relevant discipline
with preference for engineering services for a certified practicing engineer.

3.1

3.2

4.

Design of Structure
(a)

Meetings with the nominated school representative, Architect and Builder

(b)

Inspection and determination of the existing buildings structure and its condition,

(c)

Production of preliminary documentation for approval by the Principal including

alterations or additions to the existing superstructure or repairs to existing damaged
or deteriorated structure.

(d)

Geotechnical investigation where Refurbishment includes additions,

(e)

Liaison and supply of documents and estimates to the Principals Cost Manager to
enable an agreement on the scope of Refurbishment work for the nominated Upper
Limit Prime Cost Sum.

(f)

Production of final documentation for Certification and construction.

Design of Site Works

(a)

Design and documentation of siteworks associated with Refurbishment including

design for access (accessible pathways and thresholds in accordance with AS1428
and the Disability Discrimination Act - 1992)

(b)

Liaison and supply of documents and estimates to the Principals Cost Manager to
enable an agreement on the scope of Refurbishment work for the nominated Upper
Limit Prime Cost Sum.

Services Engineering Consultants

The following services shall be provided by a recognised professional in the relevant discipline
of engineering, with preference for a certified practicing engineer
(a)

Meetings with the nominated school representative, Architect and Builder

(b)

Inspection and determination of the existing services, their type, layout and condition

(c)

Design and documentation of alterations, additions or replacement of the existing

services to suit the Refurbishment design

(d)

Liaison with Service Authorities

(e)

Connections to water, gas, power, sewer, data, communications, security

(f)

Upgrade of existing services, service connections, switchboards etc.

(g)

Production of preliminary documentation for approval by the Principal

(h)

Liaison and supply of documents and estimates to the Principals Cost Manager to
enable an agreement on the scope of Refurbishment work for the nominated Upper
Limit Prime Cost Sum

(i)

Production of final documentation for Certification and construction

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Appendix 2

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Appendix 3

BER Communication Flow Chart

Plan delivery

Facilitation

Builder
Professional
services

SCHOOL

Minister for
Infrastructure/DTEI
Contracts

Information

DECS

Consultants

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