School Shade Sails Fund

As students return to school on-site under the Roadmap to Deliver the National Plan, schools are required to increase fresh air flow into indoor spaces whenever possible and to maximise the use of outdoor learning areas or environments. The School Shade Sails Fund (the Fund) provides grants to schools for shade development to facilitate outdoor learning. Schools can apply for up to $25,000 per school campus.

The aim of the Fund is to help schools maximise the use of their outdoor learning areas and environments by creating new safe and shaded outdoor learning spaces in schools to help prevent the spread of coronavirus (COVID-19).

The Fund is administered by the Victorian School Building Authority (VSBA) with grants paid directly to Victorian government schools. Funding will also be available for shade sails at non-government schools. The processes for administering this funding will be established by respective sector bodies.

The projects must be school led, which means schools must deliver projects independently and comply with all policies and regulations.

Each school is eligible for a grant of up to $25,000 per campus to install new shade sail(s).

The Fund requires schools to ‘register’ for funding and provide appropriate information in the registration form, including the proposed size and location of the requested shade sail(s).

Once this information has been assessed as meeting the requirements, schools will be given approval to proceed to the delivery stage, where they are required to submit at least one quote to the VSBA for approval.

This is not a ‘competitive’ application-based Fund and there are no ‘merit’ selection criteria. Schools that meet the eligibility requirements and provide the appropriate registration information (see below), and then follow the appropriate procurement process, will receive funding.

Schools should refer to the Department’s Shade Sails Policy found on the Policy and Advisory Library for more information on the requirements for schools to construct and manage shade sails.

Schools are encouraged to discuss their proposed project with their regional Provision and Planning team.

Timelines

Registrations for the program closed on 22 October 2021. Registrations were assessed on a rolling basis as they were received.

Once your registration is approved and you are notified by the us, schools will need to obtain at least one quote within four weeks.

If the application is unable to demonstrate compliance against all eligibility criteria, it may be ruled ineligible.

VSBA will contact all applicants on the outcome of their applications. Successful projects will be published on the Victorian School Building Authority website.

Eligible schools and sites

The Fund is application-based and open to all government schools.

Each school is eligible for a grant of up to $25,000 per campus for new shade sail(s).

Shade sails should only be installed on DET land, or on land that is leased by the school or DET. Applicants must demonstrate they have permission or other authority, to install the shade sail on leased land.

Shade sails should be maintained through the school’s routine maintenance.

The required registration information must be provided – see below.

Eligible projects

Projects are eligible if they are:

• Funding a new shade sail(s) (repair or replacement shades are not eligible for funding); and
• Supporting outdoor learning (i.e., shade sails cannot go over playgrounds or play equipment)
• Schools must have an appropriate space for the shade sail(s).

Ineligible projects

Projects are ineligible if:

• the shade sails go over playgrounds or play equipment
• funding is sought to repair or replace an existing shade sail
• the shade sail does not support an outdoor learning space.

Eligible structures

Once the registration has been assessed as meeting the requirements, schools will be given approval to proceed to the delivery stage, where they are required to submit at least one quote to the VSBA to approve. Additional information and guidance will be provided to schools to help them with this.

Shade sails must be constructed and/or installed in accordance with the requirements outlined in the Building Quality and Standards Handbook and must be installed or constructed by a registered Victorian Building Authority (VBA) builder. (See Delivery section for further information.)

Schools do not require planning permits to construct shade sails. The VSBA recommends that schools consult with local councils and other relevant bodies where appropriate to minimise the impact on any heritage overlays.

The Fund provides grants to schools for new shade sail structures.

Funding is capped at $25,000 per school campus.

Schools can co-contribute should they want a shade sail that exceeds $25,000, or multiple shade sails.

To help with planning, see the below ‘Project Examples’ section for photos and approximate costs for projects of different sizes.

80% of allocated funding upon:

• submission and approval of quote
• signing of funding acceptance

20% of allocation funding upon:

• submission of the Project Acquittal Form
• payment receipt or invoice
• photographic evidence of the completed works
• proof works are structurally sound
• copy of the signed contract
• confirmation the school’s SAMS plan has been updated.

The online registration form is simple and easy to follow. This is what you will need to provide:

• Basic details about your school and best contact for the project
• Information about any existing shade sails (i.e., how many and where they are located if it is not clear on your existing SAMS plan)
• A brief description of your proposed project (i.e., what area you would like shaded and how it will be used for outdoor learning)
• A marked-up SAMS plan that shows where you are planning to install the new shade sail(s) and approximate size (sqm).

Registrations:

• are made online through SmartyGrants
• can be changed any time until you submit the form
• must have all sections of the form completed for registration to be considered.

To ensure that you supply all relevant information, see the ‘Required Information’ section below in these guidelines before submitting your registration.

We also recommend that you discuss your registration with your reginal Provision and Planning office before submitting.

Any school having any difficulty with the registration process or the timelines should contact the VSBA’s School Grants Unit: school.shade.sails@education.vic.gov.au or 1800 896 950.

Registrations will be assessed against the following assessment criteria.

• All requested information provided
• Scope of works to create a safe and shaded outdoor learning space clearly defined
• Marked-up SAMS plan clearly identifies where the new shade sail will be installed and its approximate size in square metres and verifies it’s not over a playground.

Assessment process

We will:

• assess all registrations for eligibility as per the Eligibility Criteria
• assess all eligible registrations against the Assessment Criteria
• Schools will be advised of the outcome of registrations via email within 5 days of submitting a completed registration form.

Once your registration has been approved, you will need to obtain a quote within four weeks to receive the funding.

All projects will be school led. Schools must deliver the projects independently and comply with all policies and regulations. Schools should refer to the Department’s Shade Sails Policy found on the Policy and Advisory Library for more information.

Once your registration is approved and you are notified by us, you will need to obtain a quote within four weeks.

If you wish to make a school contribution and the total cost of your project is over $50,000, you will need to obtain three quotes. All quotes and subsequent delivery must be from a registered Victorian Building Authority (VBA) builder with a current Australian Business Number (ABN) and evidence of Public Liability Insurance coverage.

These are the criteria that you need to consider when seeking a quote:

• shade sail will be installed or constructed by a registered Victorian Building Authority builder with a current ABN and evidence of Public Liability Insurance coverage
• provides high/extreme UV protection (50 SPF or higher) throughout the day and year for students and teachers
• includes supports that are clearly visible, with rounded edges and/or padding and placed to minimise risk of collision
• includes vertical supports that are not scalable by students, and that do not make fences scalable
• does not impede the vision of supervisors
• must have a minimum clearance of 3m in height
• can withstand a variety of weather conditions and high winds
• is located with due cognisance of existing services, such as drainage, power lines, gas, and water
• avoids cables and guy ropes where possible.

Your quote will be checked by the VSBA to ensure it meets the minimum requirements.

Funding will be provided once the VSBA is satisfied with your quote.

Please complete the Acquittal Form to receive the final 20% payment. You can find the form on SmartyGrants.

We require the following documents uploaded to SmartyGrants as part of this form:

• Photographic evidence.
  • Please upload a clear picture(s) of the completed structure
• Proof of Payment
  • Please upload a final tax invoice/receipt as proof of payment. If you do not have this on file, your building provider should be able to assist you.
  • We will calculate the GST exclusive total of the submitted tax invoice/receipts to inform the final costs. Once acquitted, we will progress the final 20% payment as soon as possible.
• Signed Contract
  • Please upload a co-signed copy of the Department of Education’s Minor Works Contract (you can request a copy by emailing school.shade.sails@education.vic.gov.au). The execution page of the contract must be signed by your School Council president and your building provider.
  • You may upload a separate co-signed execution page, but for legal reasons you must also then upload all pages of the Minor Works Contract.
  • The exception to this is Public Private Partnership Schools. If this is applicable to you, please upload your Modification Order for your school shade sail fund structure.
• Proof shade sail is structurally sound.
  • Please provide evidence to confirm the works have been completed safely. Your provider should be able to assist with the following requested documents:
    • Engineering drawings
    • Certificate of Compliance for Proposed Building Work
    • Certificate of Final Inspection (Form 17)
  • These documents confirm that Building Permit requirements have been met.
• Confirmation SAMS Plan is updated.
  • Please confirm you have requested your SAMS Plan is updated. Email sams@education.vic.gov.au a copy of your schools SAMS plan with the school shade sails fund structure marked up.
  • The School Principal should then sign and date the marked-up SAMS Plan and upload to the acquittal form on SmartyGrants.

Information you provide will be dealt with in accordance with the Public Records Act 1973 and the Privacy and Data Protection Act 2014.

At the bottom of the online application form in SmartyGrants, by submitting your application, you’ll agree to the following terms and conditions.

The school accepts the terms and conditions described in the Program Guidelines. I confirm that:

• I am either the principal of the school where the proposed project would take place, or I have received the authority of the principal to submit this application on their behalf.
• the school council (and school council president) is aware of and supportive of this application.
• that this project would be undertaken on land owned by the Department of Education Training (DET, Victorian Government).

I state:

• that the information in this application and attachments is to the best of my knowledge true and correct.
• I will notify the VSBA of any changes to this information and any circumstances that may affect this application, including any changes to the project name, scope of works and contact details for the project.

I warrant that:

• I have obtained or will obtain (where necessary) all permits (including building permits), approvals and authorities necessary and required by law to undertake the works proposed.

I consent to the VSBA:

• referring this application to other areas within the DET for advice on alignment with program principles, compliance with regulatory requirements, and potential risks and issues.
• referring this application to external experts or other government departments for assessment, reporting, advice, comment or for discussions regarding alternative or collaborative grant funding opportunities.

I understand:

• that personal information collected through this application will be managed in accordance with DET privacy policies.
• the VSBA is subject to the Freedom of Information Act 1982 and that if a Freedom of Information request is made, the VSBA will consult with the applicant before any decision is made to release the application or supporting documentation.
• this is an application only and may not necessarily result in funding approval.
• submitting this application, I am agreeing to all terms and conditions set out in the Guidelines and in particular:
  • hold milestone events on request from the Department of Education and Training
  • that no additional state funding will be allocated to the proposed project and if additional costs rise, they must be met by the applicant.
  • that my school has not entered into and will not enter into a construction contract for any works proposed in this application prior to being informed of the application outcome.
  • the project will be completed by the end of June 2022.

I understand and agree with the Terms and Conditions as outlined above.

You must supply the following:

All costing requires the supply and installation to comply with the Building Quality Standards Handbook (BQSH).

Most built shade consists of two parts: the supporting structure and the primary shading material. The most common materials for built shade are metal sheets, polycarbonate, fabrics, and shade cloths. All built shade must comply with and be installed in accordance with the following Australian standards: AS 4685.1 – Playground Equipment.

At the top of the range for materials (and installation) costs will be approximately $800 per square metre. At this cost you will have a 30 square metre structure.

At the bottom of the range for materials (and installation) costs will be approximately $200 per square metre. At this cost you will have a 100-150 square metre structure. The reason for the variance in structure size is related to the fixed costs for the posts and attachments. Shade Sail is the least costly element for construction.

We have prepared these FAQs to give Victorian government schools clarity and additional support. These responses should not be read in isolation to the Program Guidelines.

Where do I start?

The first step is to familiarise yourself with the Fund Guidelines. Then, if you have any questions, contact the VSBA School Grants team at school.shade.sails@education.vic.gov.au.

How will I receive the funding?

Funding will be provided once the VSBA is satisfied with your quote. The funding will be transferred to your school in two milestone payments.

80% of allocated funding upon:

• submission and approval of quote
• signing of funding acceptance

20% of allocation funding upon:

• submission of the Project Acquittal Form
• payment receipt or invoice
• photographic evidence of the completed works
• proof works are structurally sound
• copy of the signed contract
• confirmation the school’s SAMS plan has been updated.

Is there an acquittal process?

Yes. You need to provide all relevant documentation and information on the Acquittal Form found on SmartyGrants. Please see ‘Acquittal’ above for detailed steps.

How do I use SmartyGrants?

You can register for and acquit grants a online through the VSBA SmartyGrants page.

SmartyGrants is a simple and intuitive online system. It will guide you through and give you tips along the way.

Make sure you have created an account for your school using your school email address, rather than registering as an individual. This will allow different individuals to use the one school account.

Many schools will have an existing SmartyGrants account—you may not need to create a new one. If you have forgotten your password, simply select ‘Forgotten password’.

How do I provide the required information?

You do this online, uploading the information as part of your SmartyGrants registration and acquittal. You won’t be able to submit your registration or acquittal without the information we need, so use the ‘Required Information’ section and ‘Acquittal’ section above as a checklist to work through. If you are having trouble, talk to us early; we can problem-solve together.

A great tip is to save the documents separately on your computer, or on a storage device, ready to go. Allow enough time for each file to upload before trying to attach another. Files can be up to 25MB each; it’s recommended to keep files to a maximum of 5MB – the larger the file, the longer its upload time.

Can I save a draft of my registration or acquittal and complete it at a later time?

Yes, your registration or acquittal can be changed any time until you submit the form.

Is this Fund the same as the shade grants program run by Department of Health?

No – they are separate programs with different purposes, but schools can apply to both.

The aim of our School Shade Sails Fund is to maximise the use of outdoor spaces to support outdoor learning.

The aim of the Department of Health’s Shade Grants Program is to reduce exposure to UV radiation by increasing shade in public places, including schools. It is a long running program that is focused on promoting the uptake of sun protective practices.

Importantly, shade sails over playgrounds are not eligible under the VSBA’s Fund but are one of the eligible shade items under the Department of Health’s program.

Can the VSBA deliver the project for my school?

All projects must be school led. Schools must deliver the projects independently and comply with all policies and regulations.

You should refer to the Department’s Shade Sails Policy found on the Policy and Advisory Library for more information.

We are available to assist schools at every step of the way.

Are you a Victorian Building Authority (VBA) Registered Builder quoting to install a shade sail outdoor learning area in a Victorian Government school?

• Victorian government schools will be seeking quotes from VBA Registered Builders to install shade sails across the state.
• Schools will enter into contracts with VBA Registered Builders to install the shade sails.
• Grants of up to $25,000 per campus are available to Victorian government schools.
• Shade sails cannot be installed over playgrounds.
• Repair/replacement of existing shade sails will not be funded.
• Familiarise yourself with the Department of Education and Training’s Shade Sail Policy.
• Build in accordance with the VSBA’s Building Quality Standards Handbook.
• Create a structure that provides a quality outdoor learning area but is also child safe.
• Create a structure that maximises outdoor learning use for different weather conditions and different times of day.
• Schools will receive two milestone payments (80% after VSBA approval of quote and for 20% after acquittal).
• Section 3 of NATSPEC provides technical specifications to supply and install fabric shade sail structure.

The Victorian School Building Authority’s (VSBA) School Shade Sails Fund Round 1 – 2021 has been launched. Grants of up to $25,000 per campus are available to Victorian government schools. Schools may choose to co-contribute to the project to broaden the build scope.

Department of Health Shade Grants Program

As VBA Registered Builders you may be familiar with the long-standing Department of Health’s Shade Sail Grants program. This is a separate program, but schools can apply to both. The aim of the VSBA’s School Shade Sails Fund is to maximise the use of outdoor spaces to support outdoor learning. The aim of the Department of Health’s Shade Grants Program is to reduce exposure to UV radiation by increasing shade in public places, including schools. It is a long running program that is focused on promoting the uptake of sun protective practices. Importantly, shade sails over playgrounds are not eligible under the VSBA’s Fund but are an eligible shade item under the Department of Health’s program.

What does a VBA Registered Builder need to do to quote?

• You must receive a Request for Quote from a Victorian government school.
• Be a VBA Registered Builder with a current Australian Business Number - ABN.
• Have a minimum of $10 million Public Liability Insurance.
• Be able to complete the structure by 31 May 2022.

What needs to be included in my quote?

As a guide your quote needs to align as closely as possible with the following Departmental policy/requirements:

• Shade Sails Policy
• VSBA’s Building Quality Standards Handbook.
• NATSPEC – Section 3 – Fabric Shade sail Structure

The VSBA accepts there are currently challenges complying with all these requirements, particularly due to the availability of materials in Australia and can accept quotes which relate to works and materials of a similar or higher standard/specification instead. The VSBA’s primary concern in relation to these works is to ensure they have been deemed to be structurally sound and pose no risk to student and staff safety, which is why we ask schools for a copy of the certified structural computations from a structural engineer as part of their funding acquittal.

Where you are unable to meet any policy requirements, or are proposing a departure from the standards, you must clearly outline these in the quotes you provide to schools, so that the VSBA can approve your work on this basis.

Your quote (invoice) should contain the following:

• Identity of supplier
• Invoice number and date
• ABN of supplier
• ABN or identify of recipient
• What is supplied, incl quantity and price
• GST - the Department will only pay schools the GST-free (ex-GST) amount

What will the shade sail structure do?

• Provide high/extreme UV protection (50 SPF or higher) throughout the day and year for students and teachers
• Include supports that are clearly visible, with rounded edges and/or padding and placed to minimise risk of collision
• Include vertical supports that are not scalable by students, and that do not make fences scalable
• Does not impede the vision of supervisors
• Must have a minimum clearance of 3m in height
• Can withstand a variety of weather conditions and high winds
• Is located with due cognisance of existing services, such as drainage, power lines, gas, and water
• Avoids cables and guy ropes where possible.

Safety requirements - structural engineer approval computations

Obtain approval for the work and a copy of the certified structural computations from a structural engineer. Copies of documents to be submitted by school to VBSA at acquittal.

How will my business be paid?

Schools will enter into a contract and make payments with you directly.

NATSPEC Section 3 Fabric Shade Sail Structure

301 SCOPE OF WORKS

• A Design Construct package shall be provided by the shade structure provider / installer for shade sails.
• Shade structure to be installed in following locations as shown on the layout plans:
  • Outdoor learning areas.

302 TECHNICAL SPECIFICATIONS AND STANDARDS

All materials and workmanship shall comply with the relevant current Australian Standards and Codes. Key standards include:

Standards:

• AS 3600 Concrete structures
• AS 1379 Specification and supply of concrete
• AS 3610 Formwork for concrete
• AS 4100 Steel structures
• AS 4671 Steel Reinforcing Materials
• AS 1554.3 Structural steel welding-welding of reinforcement
• AS / NZS 4486.1 – Play spaces and play space equipment – Part 1:Development, installation, inspection, maintenance and operation
• AS / 4174 Synthetic Shade cloth, AS4174
• AS / NZS 4399: Sun protective clothing - Evaluation and classification,
• AS 4055 Amdt 1 – Wind loads for housing
• AS 2741 (R2014) – Shackles
• Australian Building Codes Board (ABCB) – National Construction Code (NCC) Building Code of Australia (Volume 1 & 2)

Sampling and Testing:

• PART B: 02 SITE AND GROUNDWORKS 0261 LANDSCAPE – FURNITURE AND FIXTURES
  • AS 1012 Methods of testing concrete

303 GENERAL

Quality Assurance

• Shade Structure Provider / installer to submit the following before contracted to complete the works:
  • Written evidence of experience and skills in past and present relevant projects.
  • Contract terms and conditions.

Design Drawings

• Design drawings to be provided for approval to include all post locations, sail dimensions, post heights, top of footing levels relative to FSL’s.
• Design should incorporate appropriate level of four-dimensional form in the sails to facilitate fabric stability and longevity. Site levels should be considered in this regard.

Shade Diagrams

• The shade structure provider / installer to provide shadow diagrams at summer, winter solstice and equinox as part of design drawings.

Engineering

• Shade structures to be built to a locally approved wind rating in line with 1170.2 Structural design wind actions as determined by a certified engineer based on the specific site conditions.
• Footing details to include geotechnical report with footings designed and certified by the shade provider’s structural engineer.

Shop Drawings

• Shade Structure Provider / installer to provide:
  • Complete drawings showing all details of fabrication, assembly, installation, fixing and explanatory notes and specifications, including all engineering data.

Certificate of Compliance

• Shade structure provider / installer to provide certificate of Compliance Design (Regulation 126)

Building Permit

• Obtain a building permit for the works (or ensure that the works are included under the builder’s Building permit) and all necessary inspections are carried.

As built underground services

• It is responsibility of shade structure provider / installer to obtain all as built underground services plans from the head contractor and ensure all post footing are located outside the minimum clearance zone from underground services.

Samples

• The shade structure provider / installer to provide samples of all materials to be provided for approval prior to installation.

Handling

• During handling, storage and transportation take care not to damage any materials.
• Liaise with head contractor to determine delivery times, locations and provision for onsite storage.

Warranty

• Provide written warranty for physical properties of all materials with a term of not less than 10 years.

304 SHADE FABRIC

PART B: 02 SITE AND GROUNDWORKS 0261 LANDSCAPE – FURNITURE AND FIXTURES

General

• Membrane to comply with current Australian standards AS / 4174 -1994 Synthetic Shade cloth, AS4174-1994 / Amdt 1- 1996
• Membrane to be cut to ‘form’ and not stretched to ‘shape’ i.e properly patterned to suit the form.
• Webbing or cable around perimeter of sails top to be Engineer’s Specification.
• Where cable edges are utilised, exit points from sail to be suitably reinforced to prevent wearing.
• Sails to be suitably reinforced to address specific areas of stress concentration to maximise sail longevity.
• Webbing or PVC reinforcement to be appropriately concealed by shade cloth to prevent UV breakdown.
• Corners – to be PVC reinforced and concealed by the shade cloth fabric.
• Wire exit point to be reinforced.

Shade fabric to be:

• UVR Block: High UVR Block >92% +
• Nominal Thickness: 1.6mm
• Nominal fabric mass: 340gsm ± 20
• Tensile Strength – Weft: 2400N/50mm
• Bursting Pressure (Mean): 3500 kPa
• Warranty: 10 years UV degradation warranty on fabric
• Or similar approved equivalent produce

305 POST, FRAME AND RIGGING

• Posts to be CHS steel post to be hot dip galvanised after fabrication and in accordance with AS/ NZS 4680 with two pack paint finish + anti-graffiti coating to manufacture’s specification.
  • Surface Prep: Whip blast to Class 1
  • Tie Coat: Tie coat minimum 100-micron DFT
  • Top Coat: Minimum 60-micron DFT
  • Posts Colour: Dulex APO Grey - Satin
  • Post Height: Varies (7 M high Max)
• CHS Posts to be installed on a lean away from the direction of pull (Typically 5 degrees lean)
• CHS Posts to have welded caps and lugs.
• All fittings, fasteners, turnbuckles and forged ‘D’ Shackles and perimeter wire to be 316 Stainless steel forged to Engineers specification.
• Tensioning device and turnbuckles to be incorporate a failsafe system to prevent dislodgment. An additional failsafe wire or safety chain to be fastened from the shade sail to the post.
• There must be adequate provision for adjustment and tensioning of shade sails by way of turnbuckles, chain system or similar (independent of fabric tension)
• D Shackles to be a minimum 12 mm in diameter and to include a failsafe tie wire inserted through the eye of the pin and secured to the D Shackle to ensure that the pin remains secure.
• Rigging etc. must be ‘closed’ (hooks, hooks turnbuckles, ‘S’ hooks, snap links etc must not be used)

306 HEIGHTS AND CLEARANCES

• Embellishments such as bins, seats, shelters need to be located minimum 2.5m or more to prevent climbing.
• Shade sail to be minimum:
  • Minimum clearance for shade sails over sandpit to be 2.8 M above FSL.
  • Minimum clearance over playground elements above FSL to be:
    • At least 2.5m above parts of equipment intended to be stood or climbed on (e.g. decks, climbers)
    • At least 2.5m above parts of equipment that are not intended for climbing/play but have unintended climbing access and can be stood on (e.g. roofs that can be easily climbed on).

PART B: 02 SITE AND GROUNDWORKS 0261 LANDSCAPE – FURNITURE AND FIXTURES

• At least 1.5m above parts of equipment that are not intended for climbing/play but have unintended climbing access and can’t be readily stood on without good balance skills (e.g. a beam, tops of barriers with no adjacent hand support).
• At least 1.5m above other parts of the equipment around the edges of the shelter.
• At least 1.0m above other parts of the equipment under the shelter if there are things that can be gripped under the shelter (e.g. I beams, cross bars); or the shelter material can be easily cut (e.g. shade cloth).
• At least 0.5m above other parts of the equipment under the shelter if there is nothing to grip under the shelter and the shelter material cannot be easily cut (e.g. steel).
• Where possible Shade sail posts to be installed outside the safety fall zone. They may be located in an adjacent mulch, garden bed or grass area beyond the safety fall zone. Where they are installed in grass areas, the posts should have a 500 x 500 concrete apron surrounding the base.
• Install shade sail posts at a minimum 0.5m offset from the edge of a pathway (where applicable), to provide safe clearance for pedestrians.
• Footing to be at least 300 mm below the bottom of the finished safety surface to AS 4685, Australian standards for playgrounds.

307 DOCUMENTATION

• Shade sail provider to provide design documentation and technical specifications for each item and to include, but not be limited to:
  • Geotechnical report (if not provided by the head contractor)
  • Produce Specifications for all items
  • Detailed design drawings in plan, elevation and sections, showing:
    • Post sizes, location
    • Footing sizes, details (certified drawings)
    • Fixing details,
    • Shade sail details
• These drawings must show the relationship of shade sails to any other equipment or elements to be constructed as per landscape layout plan.
  • Building approval (if applicable)

308 INSTALLATION

• Liaise with Head Contractor / landscape contractor to determine when poles must be erected, their exact position and finished ground levels.
• Arrange for minimal fabrication works on site. Ensure all erection works are undertaken by a licensed contractor.
• Make good any damage to steelwork after erection.
• Prevent chaffing of fabric during installation. Clean and dry fabric after erection.
• All shade sail post installed within the play softfall area to have safety post padding: Colour to be Grey.
• Refer to Chapter ‘0262 External Sports and Playground Surfacing’

309 AT COMPLETION

At completion, the contractor must supply technical specifications, including but not limited to:

• Certification – inspections, final approvals and documentation from a certified compliance engineer, detailing:
  • that the design, construction and installation of the shade sails are undertaken to the manufacturers specifications and comply with Australian Standards and all other relevant statutory requirements codes, regulations and standards.
  • building approvals (if applicable)
• As constructed drawings and specifications which should detail the location of any sub-surface services (e.g. drainage, electrical).

PART B: 02 SITE AND GROUNDWORKS 0261 LANDSCAPE

• The supplier must supply inspection and maintenance manuals / information for each item of equipment with illustrated where possible. It should include:
  • Maintenance requirements – the manufacturer’s instructions specifying the type, frequency and methods of the inspections and maintenance regime.
  • Specific maintenance requirements for the membrane, structure and components.
  • Running-in requirements e.g. tightening of fastenings.
  • Parts and service manuals.
• Construction and/or maintenance tools including non-standard maintenance tools for bolt tightening and replacement parts.
• All required signage should be installed prior to hand-over (where applicable).
• Manufacturer’s guarantees / warranties and any other documents or items, including quality management, compliance and accreditation.

We have prepared this guidance to give Victorian government schools, companies and sole traders clarity and additional support, in relation to the School Shade Sails Fund Minor Works Contract.

Information for victorian government schools, companies and sole traders

The VSBA has frequent communication with companies and sole traders who are quoting and constructing ventilated outdoor learning areas in Victorian Government schools as part of the School Shade Sails Fund (SSSF).

The VSBA appreciates that there are current circumstances outside the control of companies and sole traders that have impacted their capacity to meet the demand for quotes, and in some instances, the timelines for construction.

What are these circumstances?

We are aware of supply chain issues that are impacting on delivery of shade sail construction components and services such as the engineering of materials.

We are also aware of workforce availability issues related to the Coronavirus (Covid-19) and skill shortages that impact access to structural engineers, building surveyors and registered builders. We understand that these workforce issues are causing some delay to timelines.

How are we managing the timelines for schools that are struggling to meet the SSSF’s final acquittal date of 31 May 2022?

Every school campus that has registered with the SSSF has been asked to complete a ‘Project Update Form’ in the SmartyGrant portal.

This form allows schools to estimate their project’s start date and completion date, as well as flagging any issues or risks with the project (such as delays caused by staffing or material shortages).

The VSBA is keeping track of schools that have sought an extension to their delivery timeline due to difficulties with meeting the final acquittal date.

Individual schools can seek an extension to their acquittal date by submitting a ‘Project Update Form’ in the SmartyGrant portal.

Victorian government schools - companies/sole traders contracting arrangements

What is the SSSF Minor Works Contract?

The SSSF provides a grant of up $25,000 to schools that have submitted a quote and have been approved to build a ventilated outdoor learning area.

Schools then contract their approved company/sole trader to build the structure.

The SSSF Minor Works Contract is the template, developed by the Department of Education and Training (DET), to assist the school and the company/sole trader to contract for the construction of an SSSF approved project.

Where can I obtain the latest version of the SSSF Minor Works Contract?

Please email school.shade.sails@education.vic.gov.au.

Why have there been other versions of the SSSF Minor Works Contract?

DET reviews and updates documents on a regular basis. We understand that updates to the SSSF Minor Works Contract may have caused some confusion, however, these updates aimed to make it easier for schools and Contractors to sign the contract. We anticipate no further changes to the SSSF Minor Works Contract.

Are previous signed versions of the SSSF Minor Works Contract valid?

Yes.

All schools who have not previously signed the SSSF Minor Works Contract are advised to sign the latest version.

However, if you have previously signed an earlier version of the SSSF Minor Works contract you are not required to sign a new one.

Who signs the Minor Works Contract?

For Schools – the School Council President.

For companies with more than one Director – either Designated Directors or a Designated Director and Company Secretary.

For Sole Traders – Sole Director.

Where a trust/trustee arrangement is in place and schools are unclear who may sign, they should contact VSBA via school.shade.sails@education.vic.gov.au.

Specific queries regarding elements of the SSSF minor works contract

This advice is intended to clarify elements of the SSSF Minor Works Contract and reduce the administrative burden on schools, companies, and sole traders.

Where there is mutual agreement to simplify contractual processes to expedite the building of SSSF projects, VSBA supports such endeavours.

Whilst the SSSF Minor Works Contract has been developed to be consistent with other minor works programs administered by VSBA, if schools (School Principal and School Council President) and their Contractors agree, the following sections of the SSSF Minor Works Contract may be marked ‘Not Applicable’.

However, before making any sections of the SSSF Contract ‘not applicable’, the school should ensure they understand and accept the implications and any risks associated with this. If schools are unsure about any of this, they should contact the School Shade Sails Fund team at school.shade.sails@education.vic.gov.au.

Is Item 12 – Rate of Liquidated Damages able to be marked ‘Not Applicable’?

Yes, the rate of Liquidated Damages can be marked ‘Not Applicable’ by agreement between schools and their contracted companies/sole traders.

The purpose of Liquidated Damages is to cover financial loss if the project is not completed on time.

However, there is already a SSSF program protection in place to manage the completion of the works:

• The VSBA will forward the final (Milestone 2) payment of 20% to schools at Final Acquittal.

Final Acquittal entails proof of the satisfactory completion of the works.

Is Item 18 – Retention Amount able to be marked ‘Not Applicable’?

Yes, by agreement between schools and their contracted companies/sole traders.

The purpose of retention money is to reduce risks for the schools and it serves as security that the contracted companies/sole traders will comply with their contractual obligations and complete the works under the SSSF Minor Works Contracts on time.

However, there are also other SSSF program protections in place to manage the satisfactory completion of the works:

• The VSBA will forward the final (Milestone 2) payment of 20% to schools at Final Acquittal.
• Mandatory SSSF program Provider and Product Warranty covers structural defects.

Final Acquittal entails proof of the satisfactory completion of the works.

Is Item 19 – Security able to be marked ‘Not Applicable’?

Yes, by agreement between schools and their contracted companies/sole traders.

(This item relates to Item 18 – Retention amount).

Is Item 20 – Interest able to be marked ‘Not Applicable’?

Item 20 – Interest – only applies if Item 18 – Retention Amount – applies. Accordingly, Item 20 does not need to be amended, however it can be marked ‘Not Applicable’ only if Item 18 is marked ‘Not Applicable’.

Is Item 21– Professional Indemnity Insurance able to be marked ‘Not Applicable’?

This depends on whether or not the Contractor is undertaking any design as part of the works before commencing work under the SSSF Minor Works Contracts.

If a Contractor is not undertaking any design – Item 21 can be amended and marked as ‘Not Applicable’.

If a Contractor is undertaking any design – Item 21 should remain as drafted: ‘Minimum coverage $1 million per claim’.

Professional Indemnity Insurance is applicable for professional groups such as engineers and architects can provide cover in the event of a breach of contract, or a mistake from professional services made while providing professional services or advice, or recommendations to a client. It can also cover against liability for breach of professional duty when providing a service for a fee. If Company/Sole Trader signatories to SSSF Minor Works Contracts do not have Professional Indemnity Insurance, then they can rely on the Professional Indemnity Insurance of their certifying engineers.

Professional Indemnity Insurance should not be confused with Public Liability Insurance, which the Contractor is also required to obtain under SSSF Minor Works Contracts

What happens to the SSSF Minor Works Contract when it has been signed by both parties?

Companies and Sole Traders will keep a copy for their records.

Schools will keep a copy for their records. At Final Acquittal schools are required to upload the SSSF Minor Works Contract to the SmartyGrant portal as evidence the project has been completed.

The SSSF requires the following five documents as evidence of completion:

1. Photographic evidence of the completed works
2. A copy of the payment Receipt/Invoice to the Registered Builder
3. A signed copy of the Minor Works Contract with the Builder (all pages)
4. A copy of the Certified Structural Computations from the Structural Engineer (Certificate of Final Inspection FORM 17 and Copy of Engineering Drawings)
5. Confirmation school has requested SAM’s Plan to be updated – email: sams@education.vic.gov.au noting site of SSSF structure. SAMS Plan uploaded to Smartygrants to be signed and dated by Principal as confirmation SAMS plan information has been updated.

These documents must be submitted to the Smarty Grants portal after the completion of the project to progress to ‘Payment Milestone 2’ (final 20% payment).

How does payment work?

These are school-led procurement processes, and the payment schedule is by negotiation between schools and their contracted Company/ Sole Trader.

It is not recommended that schools make any payments prior to their quote being approved by the VSBA.

Funding will be provided once the VSBA is satisfied with the quote that has been submitted by a school. The funding is paid to schools in two milestone payments:

1. 80% of allocated funding upon submission and approval of quote and signing of funding acceptance.
2. 20% of allocation funding upon submission of the Project Acquittal.

Agreement for payment:

• Schools and Companies/Sole Traders may agree to a payment schedule.
• Schools do not have to pay Companies/Sole Traders 80% (Milestone 1 payment) at the commencement of construction.
• A Company/Sole Trader may submit to the school a monthly progress payment claim.

Construction issues

Issues and disputes may come up after the contract has been signed and/or works have commenced.

Common issues and how to address them are listed below.

It is important to note that this is general guidance and each matter will be different and should be assessed by schools and the SSSF team individually. However, the below information has been prepared to help you assess the situation and be able to discuss with the Contractor in the first instance.

If a resolution cannot be reached, please contact the SSSF team for further assistance.

Issues arising due to delays or cost increases

A common issue that frequently arises in many construction projects is for a delay or request for extra cost to be paid to the Contractor.

Delays can occur for various reasons, including issues with the site conditions that make it difficult to work with such as rocky or very wet/dry soil (these are also often referred to as ‘latent conditions’.

Extra costs can occur as a result of delays or, for example, an increase in material or labour costs or needing to hire additional equipment, particularly in a post-COVID environment.

Where delays or cost increases arise, a Contractor may seek to vary the contract they have entered into with the school, to extend the deadline for completion of the works, or to increase the amount owed to them to cover these additional costs.

Who has responsibility for delays or extra cost?

The Contractor has responsibility and takes on the risk for project delays or cost increases, under the standard SSSF Minor Works Contract that should be used.

Clause 1 of the SSSF Minor Works Contract allocates risk, by noting that the Contractor accepts all ‘Contract Risks’. These risks are defined in the contract, and include:

• All delays, cost increases, re-execution of work or modification of the methodology for the carrying out of the work under the Contract caused by:
  • adverse site or weather conditions;
  • the physical conditions and characteristics of the site (including sub-surface, latent conditions or hidden defects and asbestos or contamination of any kind) and its surroundings; and
  • the work under Contract progressing at a rate different than may have been anticipated by the Contractor; and
• The availability of labour or materials necessary for the carrying out of the work under the Contract.

Does it matter that no-one knew about the risks when signing the contract?

Clause 1 applies whether the risks are ascertainable or not.

This means that it is not relevant whether the Contractor did know about the conditions or risks when signing the contract, such as soil conditions that make it difficult to proceed with the construction works.

Allocating risk between the Principal (in this case, the School) and the Contractor is one of the main functions of agreements such as the SSSF Minor Works contract. Contractors are commercial operators who should be competent to enter into contracts and complete the works they are contracting for, such as constructing shade sails.

Where Contractors enter into agreements, they should understand the risk allocated to them and price for this accordingly. That is, they can provide a quote that reflects and protects itself from the risk of encountering issues on the project.

Are there any exemptions that a Contractor can use to justify a delay?

Yes, although Contractors are generally responsible for delays, they are able to claim an extension of time under the contract in two circumstances.

Clause 9 of the SSSF Minor Works contract sets out an exemption to clause 1 which allows a valid extension of time claim to be made where there is a ‘Delaying Event’ on the project.

A delaying event under the contract includes either:

1. Inclement weather: meaning weather that is unsafe or unreasonable for an employee to work because of severe weather conditions; or
2. Contaminated soil: meaning any waste defined as either category A, category B, category C or category D in the Environment Protecting (Industrial Waste Resources) Regulations 2009.

It is important to note that when relying on these definitions, contaminated soil mainly includes contamination such as chemicals and asbestos. It does not include soil that has natural features which may it difficult to proceed with construction, such as rocky soil or soil with a high-water table.

Similarly, inclement weather does not include wet soil or like conditions that make construction difficult. It means weather which makes the actual act of construction unsafe or unreasonable for employees and prevents construction proceeding.

How should schools respond if a Contractor asks for a contract variation for delays or extra costs?

Schools should make an assessment of the individual circumstances of their project and seek to understand clearly what the Contractor is asking for before responding. Schools can use the above guidance to help with this.

If the Schools considers it appropriate, they can respond to the Contractor using the above information and noting that the Contractor has assumed the risk under the contract.

A common example of a situation that may arise is where a Contractor states that rock has been found on the construction site and they require additional time and cost to remove the rocks or work with the rocky soil or the need to hire additional equipment to remove the rock or to work with the rocky soil. In this case, schools may wish to note that the Contractor is liable for this extra cost under the contract, as clause 1 allocates the risk to them.

If no resolution can be found, Schools may get in contact with the SSSF team to discuss further. Ultimately, what approach to take depends on the specific circumstances of the project, for instance whether the School has access to any additional funds or is happy to provide an extension of time. Each extension of time / variation request should be treated individually on a case-by-case basis, and if unsure how to proceed then please reach out to the SSSF team in the first instance before responding to the Contractor.

After the project has been acquitted

What about insurance?

DET does not provide schools with insurance coverage for shade sails and like structures.

If your school has a separate Property Insurance Policy with the VMIA, you may wish to consider increasing your level of coverage to ensure that you are appropriately insured.

Schools that do not currently have VMIA School Council Property Insurance should note that DET does not provide reinstatement coverage for shade structures.

These assets can be protected under a separate policy with the VMIA and as funded entities of the State, you are mandated to arrange insurance coverage through the VMIA.

Should you wish to effect coverage with the VMIA, please contact the VMIA on (03) 9270 6900. If you require additional assistance, please refer to the Policy Advisory Library (Insurance for Schools).