Project Remediate Industry Briefing

On the 20th of April, the Hansen Yuncken Project Remediate team held an Industry briefing for consultants and contractors interested in participating in the project. Project Remediate is a NSW Government program to replace flammable cladding on eligible Class 2 residential buildings across NSW. The briefing provided an opportunity for interested organisations and firms to learn about the program of works from key speakers, including NSW Building Commissioner, Mr David Chandler OAM, and members of the Hansen Yuncken project team.

On this page, we have included helpful links to provide more information about the program and a copy of the presentation slides, and a collection of the various questions asked through the briefing. An audio recording of the briefing will be available soon.

If you would like more information about providing services for Project Remediate, please contact remediateroi@hansenyuncken.com.au

 

Helpful links:

NSW Government Website:

For information about Project Remediate.

http://www.nsw.gov.au/project-remediate

Apartment Owners Guide:

Detailed overview of Project Remediate for Stata Managers and Owners Corporations and equally informative for all stakeholders.

https://www.nsw.gov.au/sites/default/files/2021-06/apartment-owners-guide-to-project-remediate.pdf

 

Project Remediate Online Learning Course:

A free, two hour course designed to explain Project Remediate in more detail.

https://store.training.tafensw.edu.au/product/project-remediate-understanding-the-program/

 

Audio Recording

Click here to listen

 

Presentation Notes

Presentation Notes: Part One

Presentation Notes: Part Two

 

Questions and Answers

We have compiled the questions submitted during the briefing. Responses are provided to each and are organised into categories.

 

General

1. How many buildings have registered to date? Of these how many are eligible for Project Remediate funding?
Around 200 buildings have been registered and are eligible for Project Remediate and we expect 80% to proceed with design and remediation under the programme. All buildings assessed to be eligible for Project Remediate are eligible for funding.

2. Can we please obtain a copy of the list of buildings that require the cladding to be removed and replaced?
To protect the privacy of the homeowners, the building details are confidential. These will only be shared at the appropriate time with tenderers and only after the execution of a Confidentiality Deed.

3. For those that have been part of cladding remediation programmes in other states (e.g VIC) how different/similar would you describe Project Remediate as being?
Across Australia, there are a number of approaches to cladding remediation either underway or under development by the respective governments. The key features of Project Remediate are:
  • Delivering a fully designed and documented approach to remediation, with construct only contracts.
  • Utilising a Pattern Book to drive design efficiencies.
  • Adopting measures over and above the NCC to future proof the compliance of solutions and improve fire safety.
  • An assurance layer will assist owners with obtaining insurance free of cladding related exclusions following remediation.
 
Registrations and Pre-Qualification Requirements

4. We registered an interest back before Hansen Yuncken were appointed and got an invite to this event. Are we meant to re-apply in Hansen Yuncken’s website?
The list of applicants who applied via the Office of Project Remediate Registration of Interest portal has been issued to Hansen Yuncken. There is no need to make a new application. New registrations can be made by emailing: remediateroi@hansenyuncken.com.au

5. When are we going to receive our registration as a Consultant even though, we filled in and submitted the application form?
As more packages come to market, Consultants who have completed the Registration of Interest Questionnaire and demonstrated that they are suitable for the programme will be invited to tender the relevant package(s).

6. When can Consultants who submitted a tender know if they are selected and approved for Project Remediate? We have submitted a proposal and still awaiting a response.
There are several proposals/packages under assessment at any given time.Once the tender process is completed all tenderers are notified if they were successful or unsuccessful.

7. Does the programme have any targets or initiatives around engagement and spend with Aboriginal & Torres Strait Islander owned businesses?
Participation from any organisation who has the capability and capacity to undertake the works is encouraged. This includes Aboriginal & Torres Strait Islander owned businesses.

8. Who would be the best person to contact in regard to software support systems?
All enquiries are welcomed through remediateroi@hansenyuncken.com.au.

9. If you are not iCIRT 3-star rated as a minimum then I understand you can’t be involved. Is this correct?
Yes, all Remediation Contractors will be required to complete a standard assessment and achieve a minimum 3-star rating.

10. If a small operator does not have an ISO accreditation, will this mean they won't be able to participate?
Remediation Contractors will need to have a third party accredited WHS system as a minimum, with ISO Accredited WHS System preferred.
 
11. Will the Design and Building Practitioners Act apply to Remediation Contractors?
All Remediation Contractors must be registered in accordance with the Design and Building Practitioners Act. At the end of the works, the Remediation Contractor must declare that the works have been completed in compliance with the declared designs, via the NSW Planning Portal.

 

12. What qualifications does a Superintendent for the Owners Corporation require?
All candidate organisations for the Superintendent roles will be required to:

  • Demonstrate previous relevant experience undertaking this role.
  • Obtain Working with Children Checks for all individuals who undertake a site visit or come on to site.
  • Have the ability and capacity to work on multiple projects at a time.
  • Have experience with the relevant AS contract types.

 Experience with recladding projects, Class 2 Buildings and Fully Occupied Buildings is preferred.

13. As a single employee consultancy with 25+ years experience, however do not have a QA system - does this rule out our company for the superintendent role?
A set objective of the programme is to provide a clear processes and measurable positive outcomes. As such quality assurance provisions and systems are essential.

 

Engagement of Consultants and Contractors
  
14. What is the process for Superintendent engagement? 
Like all Consultants and Contractors, the Superintendent packages will be tendered. After the post tender assessments are complete, the preferred tenderer is recommended to the Office of Project Remediate for approval and recommended to the Owners Corporation for engagement where required.
 
15. Are we potentially tendering projects that will not proceed if the Owners Corporations opt out of the programme? 
Project Remediation is a voluntary, opt in programme. Owners Corporations have no obligation to proceed and may exit the programme up to the 100% design presentation. Therefore, there is a possibility a particular project may not proceed.
 
16. At tender phase for remediation works how many companies will be involved in quoting? 
The tender list will consist of 3 to 4 tenderers. This allows for contingency and a fair and equal opportunity to bid for the package.
 
17. Is there a detailed schedule with a list of Contractors assigned to each project? 
No, like all Consultants and Contractors, the Remediation Contractor packages will be tendered. These details will only be shared with relevant parties at the appropriate time.
 
18. Regarding the building batches, will Remediation Contractors be expected to tender all six buildings in a 3 week process or will this be staggered? 
These numbers are indicative. They will be refined as projects come to market based on market capacity.

 

Programme
 
19. What is the programme for the first tranche of the project?
The building investigation phase is currently being completed, the design phase is underway and construction is anticipated to commence around the third quarter of 2022. Actual dates are subject to Owners Corporations electing to proceed to the construction phase.

 

Building Investigation Works

20. To what degree is it proposed to audit the internal portions of the buildings to enable the project teams understanding of their holistic fire safety condition?
All buildings participating in Project Remediate will be reviewed by FRNSW to determine any deficiencies of the active and passive fire safety provisions prior to remediation works commencing. Where possible, Hansen Yuncken are coordinating these works to minimise impact for the Owner’s Corporation.
 
21. How will the primary structure be confirmed adequate if it is not pre-certified?
The Building Investigation Consultants will collect information about the existing structure during the triage phase. The respective Facade Engineer will review and assess the superstructure for structural adequacy in the design phase.

22. Could you please advise if the Curtain Wall spandrel glazing/cladding and the insulation behind this area are covered by site investigation and potential replacement?
Panels to be removed during the investigation stage are strategically selected by the Building Investigation Consultants to adequately identify and establish the Project Brief from which a 100% complete design solution is developed. 

 

Design Solutions
 
23. Is the Architect required to team up with a Facade Engineer, BCA Consultant and a Quantity Surveyor or are we assigned those Consultants after approval?
The Architect will be responsible for selecting and engaging the Facade Engineer, BCA Consultant and a Quantity Surveyor. Hansen Yuncken has established a list of nominated organisations to select the subconsultants from.
 
24. Previous indications are that Performance Solutions that justify partial retention of combustible cladding would not be entertained. Is that still the case? 
Project Remediate will be delivered in accordance with the recommendations of the Cladding Product Safety Panel. We anticipate there may be some exceptional instances, for example at interfaces, where a Performance Solution may be required to retain small amounts of combustible cladding and avoid unnecessary and onerous work to other buildings elements. This will be dealt with on a case-by-case basis.
 
25. Are Fire Engineers involved in assessing the existing external wall systems to check if it is feasible to develop a Fire Engineer Performance Solution? 
Project Remediate will be delivered in accordance with the recommendations of the Cladding Product Safety Panel. Where a Performance Solution is required, engagement of a Fire Engineer will be considered by the Lead Consultant.

26. How will costs and timings be managed if the alternative options proposed trigger a DA?
All works are intended to be undertaken under Fire Orders. Where possible negotiations will be held with Councils to see whether the proposed alternate material could be acceptable under the terms of the Fire Order. If an Owners Corporation chooses a material that triggers a Development Application, Hansen Yuncken will discuss this and its implications on programme and fees. Ultimately, we will support the decision of the Owners Corporation and this work will be undertaken as a variation to the Design Consultant’s contract.
 
27. In the design phase and completion of design documentation, is a Design Compliance Declaration required? 
Yes, under the Design and Building Practitioners Act, a Design Compliance Declaration is required.
 
28. If the OC decide not to proceed with the programme, are they still provided with the IFC documentation?
If at the 30% OC Design Presentation the Owners Corporation elect not to proceed, they will receive the cost plan and investigation report.
If at the 100% OC Design Presentation the Owners Corporation elect not to proceed, the documents and designs are retained by Project Remediate.
 
29. Will Fire Engineer’s Performance Solutions be employed to address the junction between any Curtain Walls and the slab edge (as the code is generally silent on this)?
It is unlikely that this situation will be encountered. As a minimum we expect a smoke seal to be used between the Curtain Wall and slab edge and possibly a fire stop. The detail will be developed and specified during the design phase with review if needed from the Global Facade Consultant. Note also that this is unlikely to be relevant to the reclad aspect of the project and more likely identified as a defect in the triage process to be rectified as a separate exercise.
 
30. Will FP1.4 Weatherproofing performance solutions be required due to limited Deemed to Satisfy (DtS) options? Who will write these; architects or facade engineers?
There is no Deemed to Satisfy pathway for FP1.4 related to walls (facades), other than in conventional wall construction such as cavity double brick or brick veneer (with cavity) construction, where the AS3700 series standards can be used to infer DtS. The Design Consultants will need to be qualified to produce and declare a regulated design. This is likely to be the Facade Engineer.

 

Remediation Works
 
31. How do you prevent Cladding Contractors with little or no cladding experience participating in the programme?
All Contractors (and Consultants alike) will need to be approved and go through an initial Pre-Qualification process prior to being deemed suitable to tender for the relevant packages. Experience is a critical assessment element considered as part of this process.
 
Additionally, all Remediation Contractors will be required to undertake an ICIRT assessment and achieve a minimum 3-star rating.
 
32. What are your expectations of the Head Contractor in relation to council permits, traffic control and approvals? Will Hansen Yuncken be managing?
Hansen Yuncken has an overarching role in Project Remediate and will not be directly managing permits and approvals associated with the investigation and construction works. This is the responsibility of the Building Investigation Contractor for the triage phase or the Remediation Contractor for the construction phase.
Hansen Yuncken, with the assistance of the Design Consultants if required, will liaise with councils or other authorities to obtain the relevant remediation order or approval.
 
33. Will you be creating panels of suppliers for ancillary services associated with the remediation programme? e.g. Security Guards, Traffic Controllers etc.
Hansen Yuncken will be creating panels of Remediation Contractors. It is their responsibility to procure and contract the relevant sub-consultants if and as needed.

34. Will every project require a Superintendent appointment?
Yes, a Superintendent is to be engaged for every remediation project. Single firms may be appointed to multiple sites.

35. Can you please clarify the minimum number of projects that would need to be taken on by a Superintendent? The presentation (I thought) said 36 (not SME!)
The Superintendent will be engaged for a whole tranche of projects. This can be as many as 36 projects although it is more likely to be 28-32 projects spread over a 10 month delivery period.  As small-medium enterprise (SME) defined by:

  • The Australian Taxation Office small and medium enterprise (SME) has a turnover less than $250M
  • The Australian Bureau of Statistics outlines that a SME has less than 199 full time employees.

This package falls under the definition of SME.

 

Recycling


36. Any recyclability strategy for combustible cladding?
Hansen Yuncken has undertaken a market study which resulted in pursing an agreement for recycling which will proactively reduce the amount of bulk waste material that goes to landfill. The benefits this provides include:

  • Certainty and transparency on rates.
  • Material tracking.
  • Approx. 98-99% of material to be recycled in the instances where only cladding panels are required to be removed.

Or approx. 63% if all the associated facade elements are required to be removed.

 

Latent Conditions
 
37. Does the project crossover with other building issues? Especially failed open roof balconies.

Project Remediate only deals with combustible cladding and the associated façade elements. It is acknowledged that through the process, other building issues may be identified. In these circumstances, the Owners Corporation may elect to remediate other issues concurrently with the programme.
 
38. How will non cladding related defects exposed during the works be dealt with? Will they be variation to the Remediation Contractor or will works be put on hold while the defect(s) are rectified?
If an issue or defect is identified through the process which must be addressed as part of the cladding remediation works, it will be deemed a latent condition and dealt with as a variation.
 
39. Who will be funding latent defects? Will there be a thorough ECI done to confirm these?
Any correction of latent defects will be funded by the Owners Corporation. If a cladding related issue or defect is identified during the triage phase it will be considered and addressed proactively during the design phase. If the defect is identified during the construction phase the novated Design Consultants will be required to find an appropriate resolution during the construction phase.

 

Insurances
 
40. Does the designer still need to maintain insurance? I presume so despite Project Remediate providing project wide insurance.
The insurance offered by Project Remediate is only for works undertaken for the programme. For these works, Professional Indemnity, Public and Product Liability and Contractors All Risk insurances will be in place and Project Remediate will not require Consultants to have additional insurance. Consultants may seek a reduction in turnover-based premium for their existing insurance from their insurer. However, if a Consultant or Contractor deems the insurance does not adequately cover their liabilities, it is their responsibility to take out and pay for any additional insurance. Consultants will need to maintain their own insurance for other projects.

41. What happens if the time of claim is after the programme is finished? Are we still insured?
The insurance policy period is 10 years from remediation contract execution.

42. Please explain how we as a Consultant are insured for this project outside of our existing Professional Indemnity insurance? 
The Professional Indemnity Insurance provided by Project Remediate will cover Consultants for works undertaken within the Project Remediate programme only. The Office of the Building Commissioner and the Managing Contractor will obtain and maintain Professional Indemnity Insurance arrangements that provide coverage to all participants within the programme.

43. If working on a Class 2 build, do you need to have Home Owners Warranty Insurance?
Currently, remediation work under the program would require Home Building Compensation Fund Insurance (previously Home Owners Warranty Insurance). Project Remediate is, however, currently requesting an exemption from the State Insurance Regulatory Authority due to the range of other insurances and assurance layers that are being provided through the programme.
 
44. Has the Insurance Industry confirmed their acceptance of a "low risk environment", hence lower fees, created by the Project Remediate Assurance Certificate?
Yes, a range of insurance products has been negotiated to cover works undertaken through Project Remediate, including Professional Indemnity, Public and Product Liability and Contractors All Risk insurances. All unit owners will therefore be provided consistent insurance coverage. Consultants working on Project Remediate will not require to have additional insurance. The insurance industry has also indicated that by following the recommendations of the Cladding Product Safety Panel, remediation work performed through Project Remediate will result in a remediated cladding system that would not be subject to any cladding-related additional premium or exclusions.

 

Products and Materials
 
45. Will there be a list of materials suppliers that are eligible for use? Are companies who previously supplied dangerous materials allowed to now supply material?
The material types (not suppliers) specified for Project Remediate will be those that satisfy the NCC and the Cladding Product Safety Panel recommendations.
 
46. What are the standards for Warranties on products/panels? Will products with a 100% Manufacturers Warranty be favoured?
Product warranty periods are considered by the design team and the owners corporation as part of the product selection and design process.
 
47. What are the common cladding products in the current Australian market which are deemed to comply as non-combustible?
Materials specified for Project Remediate will be those that satisfy the NCC and the Cladding Product Safety Panel recommendations contained in Reports 1 and 2  published on the CPSP website. 
 
48. When did Engineered Ceramics get added to list of approved products and what tests were required as evidence?
CPSP Report 2 contains its recommendation relating to engineered ceramic cladding systems.

 

Cavity Barriers
 
49. What will the policy be on the provision of cavity barriers within facade voids that span across fire rated floor slabs and internal fire rated party walls?
Cavity barriers form part of the design requirements under the Project Remediate. Cavity barriers represent physical barriers to seal off compartments and are to be installed in appropriate locations, such as around windows and between storeys of a building, to prevent the spread of flame and smoke.
 
50. Can we promote the TDG19 ventilated cavity barrier fire test from the Northern Hemisphere ASFP as AS1530.4 does not accommodate a ventilated cavity barrier?
The Global Facade Consultant is currently reviewing the options for cavity barriers. It is expected open state cavity barriers will be tested in accordance with the fire resistance test method specified in the UK ASFP Technical Guidance Report – TGD 19. Vertical closed state will be tested in accordance with AsS530.4 
 
51. With cavity barriers mandated, does that mean that no DtS requirements will then be verified by the fire engineer for compliance with performance requirements?
The cavity barriers will be designed by the Facade Engineer and reviewed by the Global Facade Consultant.

 

 

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