200713 Dutton Rock Wall - Complete Document Rock Wall Invite to Tender... · 7.1 acceptance of...

GLENELG SHIRE COUNCIL

CONSTRUCTION OF DUTTON WAY ROCK SEA ARMOUR WALL - PORTLAND

INVITATION TO TENDER

Contract No. 200713

February 2008

CONTRACT NO. 200713 Invitation to Tender

CONSTRUCTION OF DUTTON WAY ROCK SEA ARMOUR WALL

Glenelg Shire Council PO Box 152, Portland 3305

CONTRACT NO. 200713

INVITATION TO TENDER

LUMP SUM CONTRACT

The Glenelg Shire Council invites Tenders from Contractors for the constrcution of the

Dutton Way Rock Sea Armour Wall at approximately 600m from the intersection of the Henty Highway.

TYPE OF CONTRACT The Contract will be a Lump Sum Contract not subject to rise and fall in prices.

CLOSING OF TENDERS Tenders shall be lodged in the Tender Box at the Portland Customer Service Centre by 3.00 p.m. on Thursday 20th March 2008.

Further details can be found in Tender Conditions - Schedule 1.

ENQUIRIES

Any enquiries regarding this Invitation to Tender may be directed to: Malcolm Armstrong Infrastructure Engineer

Ph. 03 55222214

Fax 03 55222290 Email – [email protected]


CONSTRUCTION OF DUTTON WAY ROCK

SEA ARMOUR WALL - PORTLAND

Contract No. C200713

Section 1: TENDER CONDITIONS

February 2008

Contract No. C200713 SECTION 1 – TENDER CONDITIONS


GLENELG SHIRE COUNCIL 1

PO BOX 152, PORTLAND 3305

CONTENTS Page No. 1. INTRODUCTION

1.1 Nature of Contract 4

1.2 Interpretation 4

1.3 Definitions 4

1.4 Location of Services 5 1.5 Contact Staff 5

2. TENDERS 2.1 Contents of Tender 5

2.2 Place to Lodge Tenders 6 2.3 Lodgement of Tenders 6

2.4 Time for Lodging Tenders 6

2.5 Number of Copies 6 2.6 Late Tenders 7

2.7 Council not Bound to Accept Tender 7

2.8 Non-Conforming Tenders 7 2.9 Withdrawal of Tenders 7

2.10 In-house Bid 7

2.11 No Collateral Contract 7

3. POST TENDER SUBMISSION 7

4. TENDERER TO BECOME INFORMED 8

5. INFORMATION FOR TENDERERS 5.1 Site Conditions 8

5.2 Quantities 8

5.3 Sales Tax and GST 8

6. EVALUATION OF TENDERS 6.1 Evaluation Criteria 9

6.2 Rectification of Errors and Omissions 9

6.3 Competitive Neutrality 9 7. ACCEPTANCE OF TENDERS

7.1 Acceptance of Tender 10

7.2 In-house Team 10

8. DISCLOSURE OF TENDER INFORMATION 11

9. SPECIAL REQUIREMENTS FOR IN-HOUSE BUSINESS UNIT TENDERS 11

10. SECURITY DEPOSIT 12

11. CONFIDENTIALITY 12





CONTENTS

12. PROBITY OF TENDER PROCESS 12.1 Statutory Declaration 12

12.2 Canvassing 12 12.3 Open Tender Policy 13

SCHEDULES SCHEDULE 1: 14

SCHEDULE 2: TENDER FORM 15 SCHEDULE 3: SCHEDULE OF PRICES 18

SCHEDULE 4: RATES FOR VARIATION PURPOSES 19

SCHEDULE 5: SCHEDULE OF QUANTITIES AND PRICES 20 SCHEDULE 6: CONSTRUCTION EQUIPMENT & FACILITIES 21

SCHEDULE 7: STATEMENT OF CONFORMANCE 22

SCHEDULE 8: RECEIPT OF ADDENDA 23 SCHEDULE 9: VICTORIAN GOVERNMENT PURCHASING POLICIES 24

SCHEDULE 10: SUB-CONTRACT WORKS 25

SCHEDULE 11: MATERIALS TO BE SUPPLIED BY CONTRACTOR 26

SCHEDULE 12: DETAILS OF CURRENT AND PREVIOUS WORKS 27

SCHEDULE 13: DETAILS OF ENVIRONMENTAL TRAINING 28 SCHEDULE 14: QUANTITIES – SPECIAL CONDITION 29

SCHEDULE 15: QUALITY SYSTEM 30

SCHEDULE 16: OCCUPATIONAL HEALTH AND SAFETY 31

SCHEDULE 17: STATUTORY DECLARATION 32

SCHEDULE 18: QUESTIONNAIRE 35





1. INTRODUCTION

1.1 Nature of Contract

The Contract for which a Tender in accordance with these Tender Conditions

(hereinafter called "Tender Conditions") is made is a Lump Sum Contract and all

work performed under it shall be in accordance with the Tender Documents as

defined hereunder.

1.2 Interpretation

In these Tender Conditions and the documents comprising the Tender as defined

hereunder words and expressions shall have the same meanings as are assigned to

them in the General Conditions of Contract and the following words and

expressions shall have the meanings hereby assigned to them except where the

context otherwise requires:

"Tender" means the documents comprising the Tender Documents

completed and executed by or on behalf of the Tenderer and received

by the Glenelg Shire Council in accordance with these Tender Conditions;

"the Tender Documents" means the documents comprising the Form of

Tender for Contract, hereinafter called "Form of Tender", these Tender

Conditions, the General Conditions of Contract, the Specification, the

Drawings, the Schedule of Quantities and Prices, the Schedule of Prices

and any and all drawings, written statements, and schedules required by

any of the aforesaid documents to be or otherwise submitted by the Tenderer;

"Tenderer" means the person or persons identified as such on the Form of

Tender and includes all persons on whose behalf the person named

therein may be deemed to have lodged the Tender.

1.3 Definitions

In these Tender Conditions, the following terms have the meanings indicated, unless

inconsistent with the context:

"Closing Time for Tenders" has the meaning ascribed to it by clause 2.4; "Conforming Tender" means a tender which is not a Non-Conforming Tender;

"the Guidelines" has the meaning ascribed to it by clause 6.3;

"the In-House Team" has the meaning ascribed to it by clause 2.10;





1.3 Definitions (continued)

"Non-Conforming Tender" means any tender which;

1.3.1 does not comply with the requirements of Clause 2.1:

1.3.2 contains any qualification, condition or other indication that the

tenderer is not willing to perform the Contract in strict accordance

with the Contract Documents;

"Schedule" means a schedule to these Tender Conditions; and

"the Tender Box" has the meaning ascribed to it by clause 2.2.

1.4 Location of Services

The works are to be performed at the location stated in Schedule 1.

1.5 Contact Staff

All enquires regarding the tender process or the Contract must be directed to the

member or members of the Council's staff specified in Schedule 1.

2. TENDERS

2.1 Contents of Tender

To be a conforming Tender, the Tender shall comply with these Tender

Conditions, the General Conditions of Contract, the Specification and Drawings.

The Tender shall be signed by the Tenderer or by a duly authorized representative of

the Tenderer and be submitted on the Form of Tender together with the Schedules,

written statements and information required to be lodged by the Tenderer

completed and signed by the Tenderer or by a duly authorized representative of

the Tenderer. The Tenderer shall provide those schedules marked ** with the

Tender. All other schedules are to be submitted within seven days of a written

request to do so.

(a) Schedules - Incorporated into the Contract

** Schedule 2 Tender Form

** Schedule 3 Schedule of Prices

** Schedule 4 Rates for Variation Purposes ** Schedule 7 Statement of Conformance

** Schedule 9 Victorian Government Purchasing Policies

** Schedule 14 Quantities - Special Condition





2.1 Contents of Tender (continued)

(b) Schedules - For evaluation of tenders only

** Schedule 5 Schedule of Quantities and Prices

** Schedule 6 Construction Equipment & Facilities to be used

** Schedule 8 Receipt of Addenda

** Schedule 10 Sub-Contract Works

Schedule 11 Materials to be Supplied by Contractor ** Schedule 12 Details of Current and Previous Works

** Schedule 13 Details of Environmental Training

Schedule 15 Quality System

** Schedule 16 Occupational Health and Safety

** Schedule 17 Statutory Declaration

** Schedule 18 Questionnaire

Schedule 3 - Schedule of Prices shall show the sum of prices for all items of work

described in the Schedule of Quantities and Prices and shall include specific

items for provisional sums and provisional quantities contained in the Contract.

Schedule 5 - Schedule of Quantities and Prices shall show the quantity and price

for each item of work required in order to complete the Works in accordance with the Contract. The amount calculated by extending the quantities and

rates shown in Schedule 5 and totalling the extensions shall agree with the

tendered contract sum less provision amounts.

2.2 Place to Lodge Tenders

Tenders are to be lodged only in the tender box, at the place stated in Schedule 1 ("the Tender Box").

2.3 Lodgement of Tenders

The Tender shall be enclosed in a sealed plain envelope marked in the

manner described in Schedule 1 (“Tender Envelope Marking”).

Tenders can be posted to the Glenelg Shire Council, PO Box 152, Portland

3305” or placed in Tender Box. No Facsimile will be accepted.

2.4 Time for Lodging Tenders

Tenders will be received in the Tender Box only until the time and date stated in Schedule 1 ("Closing Time for Tenders").

2.5 Number of Copies

The number of copies of the tender stated in Schedule 1 must be lodged

in the Tender Box.





2.6 Late Tenders

The Council will not consider late tenders.

2.7 Council not Bound to Accept Tender

The Council is not bound to accept the lowest or any tender.

2.8 Non-Conforming Tenders The Council reserves the right to accept or reject any Non-Conforming

Tender.

A tenderer submitting a non conforming tender shall fully detail in the

Schedule headed "Statement of Conformance" any variance from the

tender documents.

The Council will not negotiate prices in relation to non- conformances.

Tendered prices will not be increased if non-conformances or conditions

are deemed unacceptable unless they are priced with the tender (see

Schedule 6 "Statement of Conformance"). Where unacceptable non-

conformances are not priced the non-conforming tender may not be

further considered.

2.9 Withdrawal of Tenders

Tenders may not be withdrawn within 60 days after Closing Time for

Tenders without the consent of the Council.

2.10 In-house Bid

Staff of the Council ("the In-House Team") may submit a tender for the

Contract.

2.11 No Collateral Contract

The submission of a tender by a tenderer will not give rise to any contract

governing, or in any way concerning, the tender process, or any aspect

of the tender process, for the Contract. The Council expressly disclaims

any intention to enter into any such contract.

3. POST TENDER SUBMISSION

Notwithstanding any other requirement of the Tender Documents, the Council

may require a Tenderer to submit additional information concerning the Tender

before any Tender is accepted.

Should the Tenderer fail to submit the Schedules or any of the information so

required by the date and time stipulated by the Council, the Tender may not be

further considered.





4. TENDERER TO BECOME INFORMED

The Tenderer shall, prior to submitting the Tender, become acquainted with the

nature and extent of the Contract and the work to be carried out and

completed thereunder and to make examinations, investigations, inspections

and deductions pursuant to Clause 12 of the General Conditions of Contract.

If the Tenderer has any doubt as to the meaning or completeness of any portion

of the Tender Documents, the Glenelg Shire Council or the Superintendent shall

be asked for clarification which clarification shall only be valid if issued in writing. Any clarification given pursuant to this clause may also be issued to all other

prospective Tenderers.

5. INFORMATION FOR TENDERERS

5.1 Site Conditions

The tenderer's attention is drawn to the provisions of Clause 12, "Contractor to

Inform Himself" of the General Conditions of Contract (NPWC/RC) and Clause S5

"Latent Conditions" of the Supplementary General Conditions of Contract RC.

Should a tenderer require access to the site to carry out additional investigations

and/or to obtain samples for further testing this is subject to the approval of the

Supervisor.

It is the tenderer's responsibility to interpret and to assess the relevance of the

information and interpretations provided and whether additional testing needs

to be carried out and to pay for any such further testing. Tenderers are advised

to consider seeking an independent evaluation of the site before tendering.

5.2 Quantities

The Tenderer is responsible for determining the actual quantity of the Works.

5.3 Sales Tax and GST

Contract Lump Sums and Schedules of Rates submitted in this tender shall show

amounts which are exclusive of GST (do not include GST) but which include all other

costs, expenses, insurances, duties, imposts, charges and taxes payable by the

Contractor.

The Glenelg Shire Council will add the GST that is required by law to be paid by the

Contractor to the Tendered Contract sum or Schedule of Rates and Prices. The

total sum payable to the Contractor will include the tendered GST-exclusive price

plus the applicable GST on any supply under the Contract.

The GST Related Tax Reforms, such as diesel fuel rebates, removal of wholesale sales

taxes, and reduction, abolition or changes to any State, Commonwealth or Territory





taxes, excise, fees or charges associated with the imposition of GST law will affect

the Tenderer's price exclusive of GST, and should be reflected in the price tendered.





6. EVALUATION OF TENDERS

6.1 Evaluation Criteria

The tender evaluation panel will evaluate tenders in accordance with

evaluation criteria listed in Schedule 1. (“Evaluation Criteria”)

The Council will award the tender on the basis of the best quality and value for

money for the community. In determining the best quality and value for money

for the community, the Council will have regard to the report prepared by the tender evaluation panel and any other factors that it considers relevant.

In evaluating tenders the tender evaluation panel will consider all the Schedules,

written statements and information lodged by the Tenderer. Consideration will also

be given to the likely effect of, in accordance with the Contract, Variations or

Delay in Completion for which the Council might be responsible and for variation in

Provisional Quantities.

6.2 Rectification of Errors and Omissions

The Council reserves the right to:

6.2.1 check tenders for errors and omissions;

6.2.2 by agreement with a tenderer, amend a tender price or rate

submitted by a tenderer to remedy the effect of any errors or

omissions in the calculation of the tender price or rate; and

6.2.3 by agreement with a tenderer, otherwise amend the tender of the

tenderer to remedy the effect of any errors or omissions.

6.3 Competitive Neutrality

The competitive neutrality requirements of the Competition Principles

Agreement between and among the Commonwealth, State and Territory

Governments impose obligations on the Council in relation to the

evaluation of tenders submitted by members of its staff as in-house

business units. The Council will comply with these obligations. In

particular, the Council will comply with the Draft Guidelines for

Implementing Competitively Neutral Pricing Principles in Local

Government ("the Guidelines") issued by the Office of Local Government

in September 1997 and any subsequent replacements or revisions of that

document.

The Guidelines permit the Council to make a transparent subsidy

declaration in the tender documents of its intention to subsidise

employment continuity for members of the Council's staff. If the Council

has determined to make such a subsidy, the details will be specified in

Schedule 1.





7. ACCEPTANCE OF TENDERS

7.1 Acceptance of Tender

Notification of acceptance of a tender by the Council shall be accepted by

the successful Tenderer only by a notice in writing advising acceptance of the

tender, which may be handed to, or facsimiled to, or posted by prepaid post to,

or left at the Tenderer's registered office/business address shown on the Form of

Tender. The successful Tenderer shall be deemed to have received such notice

if posted by prepaid post at the time it would normally be received in the

ordinary course of the post at the address to which it is directed. The Date of

Acceptance of Tender shall be deemed to be the date which appears on the

notice in writing of acceptance of the Tender.

The notification of the acceptance of tender will create a contract between the parties on the basis of the successful tenderer's tender and the Contract

Documents. The successful tenderer must execute and return to the Council a

formal agreement in the form of the Contract Documents, as amended by the

insertion of any details which tenderers are required to include in tenders within

seven (7) days of its receipt from the Council.

7.2 In-house Team

If an In-House Team is the successful tenderer, in preparing an in-house

agreement, the Council:

7.2.1 will, without limiting the Council’s right to modify the Contract under

clause 7.2.2, delete clauses 5,18,19,20,21 and 22 from the General

Conditions (NPWC/RC) forming part of the Contract Documents; and

7.2.2 may amend or delete any other term of the Contract, provided that:

7.2.2.1 the amendment or deletion does not financially advantage

the In-House Team; and

7.2.2.2 the amendment or deletion does not substantially alter the

Services.

Tenderers should note, however, that:

7.2.3 an amount equivalent to the cost of servicing any security deposit

required under the Contract will be added to the tender price of the In-

House Team in the evaluation of tenders; and

7.2.4 the In-House Team will be allocated a proportion of the Council's

insurance costs (which will be added to the In-House Team's tender price

in the evaluation of tenders).





8. DISCLOSURE OF TENDER INFORMATION

The Freedom of Information Act 1982 gives members of the public rights of access

to information in the possession of the Government and its agencies, limited only by

exemptions and exceptions required for the protection of essential public interests

and private and business affairs of persons in respect of whom information is

collected and held by the Government and its agencies. Until the Contract is

awarded the Council shall endeavour to maintain confidentiality of price and other

information submitted by the tenderer. Following award, unsuccessful tenderers will

be notified of the name of the successful tenderer, a general contract description and the price. No other information regarding the successful tender will be

provided. No information will be released regarding unsuccessful tenders.

9. SPECIAL REQUIREMENTS FOR IN-HOUSE BUSINESS UNIT TENDERS

9.1 Council Business Units are required at the time of submitting a tender for

any Council Works or Services to provide a copy of the Local Work Area Agreement (L.W.A.A.) upon which the bid is based, signed by the

relevant Union/s representing the employees involved in the bid.

Upon signing by the Council’s Chief Executive Officer, the L.W.A.A. shall

be lodged by the Union with the Australian Industrial Relations

Commission (A.I.R.C.) within 7 days.

Subject to the adoption by Council of any recommendation in favour of

an in-house tender, the award of a contract shall be conditional upon

the certification of the L.W.A.A. at the A.I.R.C.

9.2 If the Contractor is a Council Business Unit then no person comprising the

Business Unit shall have power to make any decision on behalf of the

Council to make changes to the services or facilities, equipment or

property of the Council or Fees and Charges, to be used by the

Contractor unless specifically so authorised by the Council.

9.3 The termination of employment of any Business Unit member shall not

necessarily mean this Contract is also terminated.

9.4 If this Contract is terminated the employment of the Council Business Unit

members shall not necessarily be terminated.

9.5 The Contractor may use only those services, facilities, vehicles, equipment

or property of the Council as this Contract specifically authorises the

Contractor to use, and on such terms as are agreed by the Council.

9.6 The Contractor shall ensure that its employees or agents shall keep the

facilities clean, tidy and properly secured, and acknowledges that there

is no intention on the part of the Council to create a tenancy of

whatsoever nature in favour of the Contractor or its employees.





9.7 If the Contractor or, being more than one, any of the Contractors remains

an employee(s) of the Council during the contract period or any part of

it, the provisions of Section 76 of the Local Government Act 1989 apply in

respect of any such person in so far as such person, in any way

concerned, with the delivery of the Services.

10. SECURITY DEPOSIT

Simultaneously with the delivery of a copy of the Contract Agreement duly

executed by the Contractor to the Council, the Contractor must lodge with the

Council the Security Deposit. The Security Deposit may comprise a Bank

guarantee; a Bank cheque; Government bonds; or cash or be in such other

form as is approved by the Council. This Condition does not apply if no Security

Deposit is specified in the Contract Agreement. The in-house business unit is

exempt from this clause.

The Contractor shall not seek or obtain release of this security without obtaining

approval in writing from the Superintendent for the release of the security

deposit.

11. CONFIDENTIALITY

The Contractor must not during or after the Term divulge to any person

whatever or otherwise make use of any confidential information concerning the

commercial interests of the Council and in particular the names personal and

details of any paying clients or customers of the Services performed by the

Contractor. All notes and memoranda concerning the commercial interests of

the Council which shall be acquired, received or made by the Contractor

during the Term shall be the property of the Council and shall be surrendered to

the Council at the end of the Term and be made available at any time upon

request by a Council Authorised Officer.

12. PROBITY OF TENDER PROCESS

12.1 Statutory Declaration

A statutory declaration in the form of Schedule 17 must be made by a

person authorised to make such a declaration on behalf of the tenderer

and submitted with its tender. (NOTE, An In-House Unit is not required to

complete the Statutory Declaration)

12.2 Canvassing

Tenderers must not approach, or request any other person to approach;

(a) any member of the Council's staff; or (b) Councillor of the Council –





Individually to solicit support for their tenders or otherwise seek to

influence the outcome of the tender process.

The tender of any tenderer which engages in conduct prohibited under

12.2 may not be considered by the Council.

12.3 Open Tender Policy

The Council encourages an 'Open Tender Policy'. Interested persons can be present at the closing time of tenders to view the opening of tender

submissions. Names of Tenderers will be read out, but prices and other

information will not be made available.





SCHEDULE ONE

The Services to be provided under the Contract are:

Construction of Dutton Way Rock Sea Armour Wall.

The location at which the Services are to be provided under the Contract is (clause 1.4):

Dutton Way between 600m and 750m North East of its intersection with Henty

Highway, Portland.

The member or members of the Council's staff is or are (clause 1.5): Mr Malcolm Armstrong (03 5522 2214).

The location of the Tender Box is (clause 2.2):

Portland Customer Service Centre

Cliff Street

Portland.

The Envelope containing the Tender shall be marked with the following (clause2.3): “DO NOT OPEN – ATTENTION: TENDER BOX

CONFIDENTIAL – C200713 – CONSTRUCTION OF DUTTON WAY ROCK SEA ARMOUR WALL”

The time and date by which tenders must be lodged are (clause2.4):

3.00pm Wednesday, 21st March 2008.

The number of copies of the tender to be lodged in the Tender Box is (clause 2.5):

Two (2)

The evaluation criteria are (clause 6.1):

Tender price,

Resources and Capacity of the Tenderer to complete the work,

Past performance and quality of work of the Tenderer,

Occupational Health and Safety

Environmental Training.

The details of the employment subsidy, if any, which the Council intends to make are (clause 6.3):

Nil





To be submitted with Tender

SCHEDULE TWO

FORM OF TENDER FOR CONTRACT (LUMP SUM) Contract No : C200713 Brief description of the work under the Contract: Construction of Dutton Way Rock Sea Armour Wall.

I/We the undersigned do hereby tender to undertake, carry out and complete the work under the

Contract briefly described above and to supply all materials and labour and everything of every

kind respectively named shown described referred to or implied in the General Conditions of

Contract and the Specification and Drawings of the work under the Contract for the sum of:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . ($ . . . . . . . . . . . . . . . . . . . . )

which is exclusive of GST and to bring the Works to practical completion within the period or by the

date specified in the Annexure to the General Conditions of Contract referred to above.

I/We submit this Tender in accordance with the attached Conditions of Tendering. We agree to

be bound by the Conditions of Tendering in exchange for the Glenelg Shire Council investigating

and considering this Tender with others received by the Glenelg Shire Council.

Dated this _____________________day of________________________(year)___________________

Full name of Tender ____________________________________________________________________

Australian Company Number (A.C.N) ______________________________________________________

Australian Business Number (A.B.N) _______________________________________________________

Telephone No: ___________________________ Facsimile No: ___________________________________

If a sole trader or partnership, the names and addresses of the individual members are:

(1) __________________________________________________________________________________

(2) __________________________________________________________________________________

(3) __________________________________________________________________________________

Name and position of person submitting Tender for and on behalf and with the authority of the

Tender:

Name: _______________________________________________________________________________

Position: ______________________________________________________________________________

Telephone No: ___________________________ Facsimile No: __________________________________

Signature of person submitting Tender: _____________________________________________________

Witness:______________________________________________________________________________

Address of Tender for service of notices: ____________________________________________________

1 OF 3






1. If the tenderer is a company, it must execute this tender under seal:

THE COMMON SEAL of )

was hereunto affixed in accordance with its )

Articles of Association in the presence of: )

Director

Secretary

2. If the tenderer is a body corporate other than a company, the appropriate sealing

clause should be inserted:

3. Tenderer is an individual:

SIGNED SEALED AND DELIVERED )

)

by _________________________________) ___________________________

in the presence of: )

Witness

2 OF 3






4. Tenderer is a partnership (add extra execution clauses as necessary):


)

by _________________________________) ___________________________


Witness


)

by _________________________________) ___________________________


Witness 5. Tenderer is an In-House Unit: SIGNED on behalf of the Contractor by:

(Signature)

(Title)

3 OF 3






SCHEDULE THREE

SCHEDULE OF PRICES Contract No : C200713

Brief description of the work under the Contract: Construction of Dutton Way

Rock Sea Armour Wall.

Name of Tenderer: .......................................................................................................

Signed: ...........................................................................................................................

Item

No.

Description of Work Amount

$

PARTS 1 TO 6 - SPECIFIED WORKS

1.1 to

6.1 Specified construction of road and associated works

(Brought Forward from Schedule 5)

Part 7 - PROVISIONAL SUM ITEMS: To be spent only at direction of superintendent

7.1 Dayworks (Provisional Sum) $10,000

TOTAL CONTRACT AMOUNT (Excluding GST) $






SCHEDULE FOUR

RATES FOR VARIATION PURPOSES Contract No : C200713



Name of Tenderer: .......................................................................................................

Signed: ...........................................................................................................................

Item Description Unit Rate $






SCHEDULE FIVE

SCHEDULE OF QUANTITIES AND PRICES Contract No : C200713

Brief description of the work under the Contract: Construction of Dutton Way Rock Sea Armour

Wall.

Name of Tenderer: .....................................................................................................................................

Signed: ..........................................................................................................................................................

SCHEDULE 5 MAY BE USED DURING THE CONTRACT PERIOD TO SUPPLEMENT OTHER FORMS OF ASSESSING THE

VALUE OF THE WORKS COMPLETED FOR PAYMENT PURPOSES

Item

No.

Description of Work Estimated

Quantity

Unit

Rate

$

Amount

$

PART 1 - GENERAL

1.1 Site Establishment Item

1.2 Site Management & Supervision Item

1.3 Provision for Traffic Control Item

PART 2 – SLOPE PREPARATION

2.1 Scaling of slope 795 m2

2.2 Supply, place and compact fill as required

226 m3 Solid

PART 3 – DRAINAGE CONSTRUCTION

3.1 Install rock beaching around existing

drainage outfall. Item

PART 4 – ROCK WALL PROTECTION

4.1 Match/rework into existing Rock

Wall southern end Item

4.2 Supply and Place Bluestone Rock

Spalls 0.7 to 2.5 tonne as specified 1630 tonne

4.3 Supply and Place Bluestone Rock

Spalls 70 to 250 kg as specified. 1807 tonne

4.4 Supply and Lay Bidim A64

Permeable Geotextile Fabric or

Equivalent

1514 m2

PART 5 – GUARD RAILING

5.1 Removal of existing guardrail on

Dutton Way to allow works. Item

5.2 Re-erect Guardrail upon works completion

180 m

PART 6 – LANDSCAPING & REHABILITATION

6.1 Planting & Seeding as specified 400 m2

SUB-TOTAL (Carry Forward to Schedule 3) $






SCHEDULE SIX

CONSTRUCTION EQUIPMENT AND FACILITIES TO BE USED Contract No : C200713

Brief description of the work under the Contract: Construction of Dutton Way Rock

Sea Armour Wall.

Name of Tenderer: .......................................................................................................

Signed: ...........................................................................................................................

Item Description and Capacity

Numbers

Proposed

The above schedule shall contain a list of the items of plant (number and type) which are

available in good working order and are proposed to be used on the work under the

Contract.





To be submitted post-Tender when requested

SCHEDULE SEVEN

STATEMENT OF CONFORMANCE Contract No : C200713


Sea Armour Wall.

Name of Tenderer: ..........................................................................................…………

Signed: ............................................................................................................................

The Tenderer is to signify whether or not its Tender conforms with the requirements of the Tender

Documents by striking out below ** that which is not applicable.

This Tender ** does / does not ** conform.

Should the Tender not conform with the requirements of the Tender Documents, the Tenderer shall

list below all areas of non-conformance and the reasons for such non-conformance and shall

value * each such non-conformance so that in the event of the non-conformance being deemed

unacceptable, the contract sum can be adjusted accordingly. If the non-conformances are not

priced and are determined to be unacceptable, the tender may not be further considered.

Area of Non-Conformance and Reason

* Value of

Non-Conformanc

e

($)






SCHEDULE EIGHT

RECEIPT OF ADDENDA Contract No : C200713


Sea Armour Wall.

Name of Tenderer: ..........................................................................................…………

Signed: ............................................................................................................................

The Tenderer is to acknowledge that it received the addenda listed below during the tender

period and that the tender has been prepared having regard to these addenda.

Addenda No.

Brief Description

(e.g. Specification page No., clause No., Schedule

No.)

Date Received

This Tender has been prepared having regard to the addenda listed above.






SCHEDULE NINE

VICTORIAN GOVERNMENT PURCHASING POLICIES

Contract No : C200713


Sea Armour Wall.

Name of Tenderer: ........................................................................................................

Signed: ............................................................................................................................

The Tenderer is to note in the table below the extent, if any, of imported goods and services to be

incorporated into the Works.

Unless otherwise noted, the goods and services proposed for incorporation into the Works will be

assumed to be of Australian origin.

Schedule No. Item Imported Content (%)

Country of Origin

Note: Imported content refers to Country of Origin not Country of Purchase.






SCHEDULE TEN

SUB-CONTRACT WORKS Contract No : C200713



Name of Tenderer: ........................................................................................................

Signed: ............................................................................................................................

The Tenderer is to advise the nature and extent of work proposed to be sub-contracted. The

names of any proposed sub-contractors are not required.

If the tender is subsequently accepted by the Glenelg Shire Council such acceptance will not

constitute approval by the Superintendent pursuant to sub-clause 9.2 of the General

Conditions of Contract.

Nature and Extent of Work to be Sub-Contracted






SCHEDULE ELEVEN

MATERIALS TO BE SUPPLIED BY CONTRACTOR Contract No : C200713



Name of Tenderer: ........................................................................................................

Signed: ............................................................................................................................

Proposed Use

Description of Material

Proposed Source

Royalty if

Applicable

Note:

The above schedule should contain the following information where relevant:

1. Where the source is not specified, the proposed source or sources of supply for all filling and

pavement materials.

2. Where the source is situated on Crown Land, the amount of royalty to be paid to the State

and included in the tender.

3. The above schedule does not necessarily include all materials to be supplied by the

Contractor.






SCHEDULE TWELVE

DETAILS OF CURRENT AND PREVIOUS WORKS



Sea Armour Wall.

Name of Tenderer: ........................................................................................................

Signed: ............................................................................................................................

Client, Company

and Contract

Person

Location of

Works

Value and

Completion

Date

Year and

Contract

Duration

Brief Description of

Works

CURRENT WORKS

PREVIOUS WORKS

Note: The above Schedule shall contain the following information:

(1) A list of current works, their value and expected completion dates.

(2) A list of works of a similar nature performed by the Tenderer during the previous three years.






SCHEDULE THIRTEEN

DETAILS OF ENVIRONMENTAL TRAINING Contract No : C200713



Name of Tenderer: ........................................................................................................

Signed: ............................................................................................................................

Name of Educational

Organisation

Name of Course Name of Attendee Date of Course

Completion

Note: The above Schedule shall contain the following information:

(1) A list of all supervisors and employees who have completed recognised environmental

training courses and/or programs.

(2) Details of such courses and dates that courses were completed.

Details submitted will be considered during tender evaluation.






SCHEDULE FOURTEEN

QUANTITIES – SPECIAL CONDITION Contract No : C200713



Name of Tenderer: ........................................................................................................

Signed: ............................................................................................................................

Date: ...........................................................

The Glenelg Shire Council has provided preliminary quantities to Tenderers.

THE TENDER HEREBY ACKNOWLEDGES AND WARRANTS AND EXPRESSLY AGREES THAT THE

GLENELG SHIRE COUNCIL does not in any way guarantee and warrant the accuracy or

completeness of any information of any kind whatsoever provided, supplied or communication by the GLENELG SHIRE COUNCIL to it, as to or in respect of the quantities,

items of work or materials which may be comprised in or associated with the performance

of the works AND the Tenderer FURTHER HEREBY ACKNOWLEDGES, WARRANTS AND

EXPRESSLY AGREES that the GLENELG SHIRE COUNCIL has provided, supplied or

communicated such information on the aforesaid basis and without any representation,

statement or promise that such information is accurate or complete or provides a proper or adequate basis for the Tenderer's assessment of the items of quantities, items of work or

materials or work required to be performed, or compromised in or associated with the Works.

AND FURTHER THE TENDERER HEREBY ACKNOWLEDGES, WARRANTS AND EXPRESSLY AGREES THAT the GLENELG SHIRE COUNCIL shall not be liable in contract, tort or pursuant to any

statute or otherwise for or in respect of any information of any kind whatsoever provided, supplied or communicated by the GLENELG SHIRE COUNCIL to the Tenderer in relation to

quantities, items of work or materials and any present or future liability including liability for

breach of any contract, or in negligence or pursuant to any information in relation to

quantities, items of work or materials by the GLENELG SHIRE COUNCIL to the Tenderer and

in particular as a result of, or arising in any way in connection with any discrepancy, error, omission or difference between the actual quantities or items of work or materials required

to complete, or required to be supplied in respect of the Works or comprised in any part

thereof, and the quantities or items of work or materials provided, supplied or

communicated by the GLENELG SHIRE COUNCIL.

AND FURTHER THE TENDERER HEREBY ACKNOWLEDGES, WARRANTS AND EXPRESSLY AGREES THAT the aforesaid warranties, acknowledgements and agreements made by it shall bind

its successors and assigns.






QM __ __ __ __ / __ __ __ __

SCHEDULE FIFTEEN

QUALITY SYSTEM




Name of Tenderer: ........................................................................................................

Signed: ............................................................................................................................

Date: ...........................................................

Name of Tenderer:

(a) Has the Glenelg Shire Council registration been obtained for the use of the Tenderer's

Corporate Quality Manual for tendering at the level of quality system specified for this contract? (Refer Specification Clause 160.A1)

YES

NO

If yes, quote the registration number

A copy of the Manual is not required to be submitted with this Schedule.

If no, a Quality Manual prepared in accordance with the Australian Standard for

Quality Systems specified in Clause 160.A1 of the Specification shall be attached to,

and form part of, this Schedule.

(b) In addition the Quality System descriptions for the activities listed below may be requested during the tender consideration period:

Nil






SCHEDULE SIXTEEN

OCCUPATIONAL HEALTH AND SAFETY

SAFETY SYSTEM




For guidance in the preparation of Occupational Health and Safety management systems and site

safety plans the VicRoads document "Contractor Requirements, Occupational Health and Safety,

February 1994" is recommended. The document contains three sections:

Section A Occupational Health and Safety Act (1985)

Part III Sections 21-23

Section B Tenders

Section C Site Safety Plans

Tenderers must provide evidence of their ability and capacity to comply with the requirements of the

Occupational Health and Safety Act (1985), Part III, Duties of Employers, and shall as part of this

schedule address those matters listed in Section B of the above document as a means of

demonstrating compliance.

Note to Tenderers Prior to commencing work the successful tenderer will be required to submit a site safety plan specific

to the contract and which as a minimum addresses those matters listed in Section C of the above

document.






SCHEDULE SEVENEEN

STATUTORY DECLARATION Contract No : C200713

Brief description of the work under the Contract: Construction of Dutton Way Rock Sea

Armour Wall.

I, _______________________________________ do solemnly and sincerely declare that:

Definitions

1. In this Statutory Declaration:

"Bidders" means any tenderers for the Contract and includes the Tenderer; "the Contract" means the contract that the Tender Conditions to which this Statutory Declaration is a schedule pertains;

"Industry Association" means any organisation of which Bidders are members;

"the Tenderer" means [insert name of company, other body corporate, firm, or individual]

_____________________________________________________________________________

_________________________________________________________; and

"Tender Price" means the amount indicated by a Bidder as the lowest amount for which that Bidder is prepared to perform the Contract.

*Introduction

2. I am the Tenderer and make this declaration on my own behalf.

*Introduction

2 2.1 I hold the position of [insert Managing

director or other title] of the Tenderer and am duly authorised by the

Tenderer to make this declaration on its behalf.

2.2 I make this declaration on behalf of the Tenderer and on behalf of myself.

[*Delete alternative which is not applicable]

1 of 3






SCHEDULE SEVENTEEN Continued

STATUTORY DECLARATION Contract No : C200713 Brief description of the work under the Contract: Construction of Dutton Way Rock Sea Armour

Wall.

No knowledge of Tender Prices

3. Prior to the Tenderer submitting its tender for the Contract, neither the Tenderer, nor any

of its employees or agents, had knowledge of the Tender Price, or proposed Tender

Price, of any other Bidder who submitted, or of any person, company, other body corporate or firm that proposed to submit, a tender for the Contract.

Disclosure of Tender Price

4. Prior to the close of tenders for the Contract, neither the Tenderer, nor any of its

employees or agents, disclosed the Tenderer's Tender Price to:

4.1. any other Bidder who submitted a tender for the Contract; 4.2. any person, company, other body corporate or firm proposing to submit a

tender for the Contract; or

4.3. any person or organisation connected or associated with a Bidder, person,

company, other body corporate or firm of a kind referred to in clauses 4.1 or 4.2.

Provision of Information

5. Neither the Tenderer, nor any of its employees or agents, has provided information,

except for a published catalogue or price list normally made available to customers of

the Tenderer, to:

5.1. any other Bidder who has submitted a tender for the Contract;

5.2. any person, company, other body corporate or firm proposing to submit a tender for the Contract; or

5.3. any other person, company, other body corporate or firm for the purpose of

assisting in the preparation of a tender for the Contract.

Genuine Competition

6. The Tenderer is genuinely competing for the Contract.

Industry Association Agreements 6. Neither the Tenderer, nor any of its employees or agents, has entered into any

contract, agreement, arrangement or understanding, other than as disclosed to the

Council in the Tenderer's tender, that the successful Bidder for the Contract will pay any money to, or provide any other benefit or other financial advantage to, an Industry

Association in respect of the Contract.

2 of 3






SCHEDULE SEVENTEEN Continued

STATUTORY DECLARATION Contract No : C200713 Brief description of the work under the Contract: Construction of Dutton Way Rock Sea Armour

Wall.

Unsuccessful Tenderers' Fees

8. Neither the Tenderer, nor any of its employees or agents, has entered into any

contract, agreement, arrangement or understanding that the successful Bidder for the Contract will pay any money to, or provide any other benefit or other financial

advantage to, any other Bidder who or which unsuccessfully tendered for the Contract.

Qualifications to Tenders

9. Neither the Tenderer, nor any of its employees or agents, has entered into any contract, agreement, arrangement or understanding that Bidders for the Contract

would include an identical or similar condition or qualification in their tenders for the

Contract.

I acknowledge that this declaration is true and correct and I make it in the belief that a

person making a false declaration is liable to the penalties of perjury.

DECLARED at in the State

of Victoria on 2008

)

)

Before Me:

Signature:

Full Name:

Address:

Qualifications: [insert details of basis on which entitled to witness a Statutory Declaration

under section 107A(1) of the Evidence Act 1958.]






3 of 3






SCHEDULE EIGHTEEN

QUESTIONNAIRE Contract No : C200713


Wall.

Tenderers are required to submit such information as is necessary to enable the Council to assess their ability to carry out the Services. This questionnaire has been prepared to assist tenderers in

supplying this information.

Tender's Name:

Address:

Telephone No: Facsimile No:

1. Is the tenderer an individual, partnership, company limited by shares or other form of

body corporate?

If a partnership, give name and address of partners:

2. How many years has the tenderer been in business as a contactor under its present

business name?

3. In what other type of business has the tenderer a financial interest?

4. How many years experience has the tenderer had in the type of work it would be

required to perform under the Contract?

1 of 4






SCHEDULE EIGHTEEN Continued

QUESTIONNAIRE Contract No : C200713


Wall.

5. What is the experience of the principal staff of the tenderer in the type of work it would be required to perform under this Contract?

Name and Position Location and Description of Work and for Whom

Work Performed

In what capacity?

6. State the number of personnel, plant and equipment (if applicable) that the tenderer

intends to employ on performing this Contract.

Personnel

Plant and Equipment

7. What is the value in percentage terms and monetary terms of the local content included

in the tender? (Local content is described as labour, materials or plant that is sourced

from the Municipal District of the Shire of Glenelg)

Item Percentage of Total Tender that is Local Content

Tender Amount of Local Content

Labour

Materials

Plant

8. Location of depot (if applicable) the tenderer intends to use for this Contract.

2 of 4







QUESTIONNAIRE Contract No : C200713 Brief description of the work under the Contract: Construction of Dutton Way Rock Sea Armour

Wall.

9. Give details of the tenderer's financial ability to carry out the Services.

10. List banks or other financial institution from which references may be obtained.

11. List names and telephone numbers of professional referees.

Name Position Organisation Telephone

12. Occupational Health and Safety

All additional information not requiring a “yes” or “no” response should be included as an attachment.

Copies of policies, procedures, extracts from log books, samples of reports and samples of

completed checklists should be included to demonstrate that the tenderer has an

appropriate health and safety management system in place. Any procedure manuals,

etc, will be returned on request.

• Does the Tenderer have a health and safety policy in place? Yes No

(Please attach a copy) ( ) ( ) • Do the Tenderers employees receive health and safety training? Yes No (Please provide details) ( ) ( )

• Does the Tenderer periodically conduct audits of its work practices Yes No and the work place? (Please provide details) ( ) ( )

• Does the tenderer perform regular preventative maintenance on Yes No Equipment that it intends to use as part of this contract? ( ) ( )

• What chemicals does the Tenderer intend to use as part of this N/A

Contract? (Please attach an extract of register of chemicals) ( )

• Does the Tenderer have material safety data sheets for each Yes No N/A

Chemical? ( ) ( ) ( )

3 of 4







QUESTIONNAIRE Contract No : C200713 Brief description of the work under the Contract: Construction of Dutton Way Rock Sea Armour

Wall.

• Will the Tenderer be operating or using equipment that requires

certificates of competency to use or operate? (Please provide all Yes No

certificates of those employees who will be using or operating ( ) ( ) equipment)

Does the Tenderer have or use any of the following? Yes No • Health and Safety Representatives. ( ) ( )

• Health and Safety Personnel. ( ) ( ) • Health and Safety Consultants. (Please provide details) ( ) ( )

• Does the Tenderer have any procedures for accident Yes No

investigation and reporting? (Please provide details) ( ) ( )

• Does the Tenderer have any other relevant health and safety Yes No

policies or procedures? (Please provide details) ( ) ( ) 13. Other information or documents to be supplied by the tenderer:

The Tenderer should include any other information and/or documents which are required by the Conditions of Tendering or the Services Specification or which the

Tenderer considers relevant to its offer.

4 of 4


CONSTRUCTION OF DUTTON WAY ROCK SEA ARMOUR WALL -PORTLAND

Contract No. 200713

SECTION 2: FORM OF AGREEMENT

February 2008

GLENELG SHIRE CONNCIL 41

PO BOX 152, PORTLAND, 3305

THIS DEED is made on _____________________________

BETWEEN


of Cliff Street, Portland, Victoria

("the Principal")

- and -

_____________________________

of _____________________________

("the Contractor")

It is agreed that the AS2124-1992, General Conditions of Contract, the Specification and the

Tender Conditions together with all Schedules and the Tender, each marked “Contract No.

200713 – CONSTRUCTION OF DUTTON WAY ROCK SEA ARMOUR WALL - PORTLAND” together

comprise and evidence the Contract between the parties.

Executed as a deed by the parties on the date set out at the

commencement of this Form of Agreement:

Execution clause for the Council (insert appropriate execution clause):

SIGNED for and on behalf of the )

GLENELG SHIRE COUNCIL )

(Signature)

(Name & Title)

(Date)

Execution clause for Contractor (strike out alternatives which are not

applicable):

If the Contractor is a company, it must execute this Contract under seal:

THE COMMON SEAL OF

)

)

was hereunto affixed in accordance )



with its Articles of Association

in the presence of:

)

)

)

Director

Secretary

If the Contractor is a body corporate other than a company, the appropriate sealing

clause should be inserted:



Contractor is a partnership, (add extra execution clauses as necessary):

SIGNED SEALED AND DELIVERED

by

in the presence of:

)

)

)

Witness

SIGNED SEALED AND DELIVERED

by

in the presence of:

)

)

)

Witness





SECTION 3: - GENERAL CONDITIONS OF CONTRACT

Contract No. 200713

FEBRUARY 2008



- FACE SHEET

PART 1 - GENERAL CONDITIONS OF CONTRACT

PART 2 - SUPPLEMENTARY GENERAL CONDITIONS OF CONTRACT

- ANNEXURE

VicRoads CONTRACT No. CT 200713 SECTION 3 – GENERAL CONDITIONS OF CONTRACT




GENERAL CONDITIONS OF CONTRACT

comprising

PART 1: General Conditions of Contract NPWC-RC

PART 2: Supplementary General Conditions of Contract RC

DOCUMENT NO. CS-GCC-01(Municipal)

Release 1 January 2004 Issue of Municipal Version Manager Contract

Services

REVISION DATE REVISION DESCRIPTION APPROVED BY





PART 1: GENERAL CONDITIONS OF CONTRACT NPWC-RC PREAMBLE

These General Conditions of Contract NPWC-RC are based on the General Conditions of Contract

NPWC Edition 3 (1981) published by the National Public Works Conference but include the following

changes whereby particular Roads Corporation terminology has been substituted and particular

expressions and provisions inappropriate to Roads Corporation practice and requirements have

been deleted or adjusted. Contractors are advised to read the document in full and not rely upon

the following notes as an accurate guide to the changes, or the effect of the changes, when read

together with the General Conditions of Contract NPWC3.

General :

Marginal notes have been added to indicate some of the relevant clauses of the Supplementary

General Conditions of Contract RC but the Contractor should not rely on these marginal notes as

indicating all of the relevant clauses.

The Supplementary General Conditions of Contract RC are to be read as supplementary to these

General Conditions of Contract NPWC-RC.





GENERAL CONDITIONS OF CONTRACT NPWC-RC CONTENTS

Clause No. Clause Title

1. Construction of Contract

2. Interpretation

3. Nature of Contract

4. Reserved

5. Security, Retention Moneys and Other Performance Undertakings

6. Evidence of Contract

7. Service of Documents

8. Documents Generally and Drawings and Specification

9. Assignment and Subcontracting

10. Reserved

11. Adjustment of Provisional Sums and Provisional Quantities

12. Contractor to Inform Himself

13. Royalties, Patent and Other Industrial Property Rights and Fees

14. Requirements of Statutes and Subordinate Legislation

15. Protection of Persons and Property

16. Care of the Works

17. Insurance of the Works

18. Property Damage and Public Risk

19. Public Liability Insurance

20. Accident or Injury to Employees

21. Insurance of Employees

22. Evidence of Insurance

23. Superintendent

24. Superintendent's Representatives

25. Contractor's Representatives

26. Control of Contractor's Employees and Subcontractors

27. Site

28. Setting Out of the Works

29. Materials, Labour and Constructional Plant

30. Materials and Work

31. Examination and Testing of Materials and Work

32. Working Hours

33. Programming of the Works

34. Progress and Suspension of the Works

35. Times for Commencement and Completion

36. Cleaning up by Contractor

37. Defects Liability

38. Warranties

39. Urgent Repairs

40. Variations

41. Responsibility for and Notice of Measurement

42. Reserved

43. Reserved

44. Default or Bankruptcy of Contractor

45. Settlement of Disputes

46. Right of Corporation to Recover Moneys

47. Waiver of Conditions

48. Notification of Claims





1. CONSTRUCTION OF CONTRACT

The Contract shall be governed by and construed with reference to the laws for the time being

in force in the State or Territory named in the Annexure hereto.

All prices and sums of money and all payments made under the Contract shall be in Australian

currency and payments shall be made at the place named in the Annexure hereto.

All communications between Glenelg Shire Council, the Superintendent and the Contractor

shall be in the English language.

All measurements of physical quantities shall be in Commonwealth legal units of measurement

within the meaning of the Weights and Measures (National Standards) Act 1960 as amended

from time to time.

2. INTERPRETATION

In the Contract (as hereinafter defined) the following words and expressions shall have the

meanings hereby assigned to them, except where the context otherwise requires:

"clause" means clause of these General Conditions of Contract and "sub-clause" means

the relevant sub-clause of the clause indicated by the context;

"Constructional Plant" means all plant, motor vehicles, appliances and things (including

scaffolding, formwork and the like) of whatsoever nature used or in use in or about the

execution of the work under the Contract but does not include materials, plant,

equipment or other things intended to form or forming part of the Works;

"contract sum" means:

(a) where payment is to be made on a Lump Sum basis, the sum which is stated in the

Contract to be payable to the Contractor for the execution of the work by the

Contractor and the performance of the obligations of the Contractor under the

Contract;

(b) where payment is to be made on a Schedule of Rates basis, the sum ascertained by

calculating the products of the rates and the corresponding quantities set out in the

Schedule of Rates and adding to the sum thereof the total of any lump sums,

provisional sums, contingency sums or other sums included in the Schedule of Rates;

(c) where payment is to be made on a Lump Sum and a Schedule of Rates basis, the

aggregate of the sums referred to in paragraphs (a) and (b);

but excluding any additions or deductions which may be required to be made pursuant

to the Contract;

"Corporation" means the Municipality to which the Principal of this contract is responsible;

"date of acceptance of tender" means the date which appears upon the notice in writing

of acceptance of the Contractor's tender issued by Glenelg Shire Council or upon the

acceptance in writing by either party of an offer (including a counter-offer) for the

execution of the work under the Contract and the performance of the obligations of the

Contractor under the Contract;

"Drawings" means the drawings referred to in the Specification and any modification of

such drawings notified to the Contractor by the Superintendent and includes such other

drawings as may from time to time be supplied to the Contractor by the Superintendent,

See also

clause

S1

See also

clause

S2





or the use of which has been permitted by the Superintendent, for the purposes of the

Contract;

"final contract sum" means the total sum which, subject to the provisions of the Contract,

will have become payable to the Contractor by Glenelg Shire Council upon the

completion of the work under the Contract and the performance of the obligations of the

Contractor under the Contract;

"month" means calendar month;

"person" includes a firm or body corporate or unincorporated as well as an individual;

"Practical Completion" is that stage in the execution of the work under the Contract when:

(a) the Works or a separable part of the Works, as the case may be, are complete

except for minor omissions and minor defects -

(i) which do not prevent the Works or that separable part of the Works from

being reasonably capable of being used for its intended purpose, and

(ii) in relation to which the Superintendent determines that the Contractor has

reasonable grounds for not promptly rectifying them, and

(iii) rectification of which will not prejudice the convenient use of the Works or of

that separable part of the Works, and

(b) those tests which are required by the Contract to be carried out and passed before

the Works or the separable part of the Works, as the case may be, are handed over

to Glenelg Shire Council have been carried out and passed, and

(c) such documents and other information required under the Contract which, in the

opinion of the Superintendent, are essential for the use, operation and maintenance

of the Works have been supplied;

"Schedule of Rates" means any schedule included in the Contract which, in respect of any

section or item of work to be carried out, shows the rate or respective rates of payment for

the execution of that work and which may also include lump sums, provisional sums,

contingency sums, other sums, quantities and prices;

"separable part of the Works" means a part of the Works specified in the Specification or

Drawings as a separable part;

"site" means the lands and other places to be made available and any other lands and

places made available to the Contractor by Glenelg Shire Council for the purpose of the

Contract;

"Specification" means the Specification for work to be carried out as existing at the date of

acceptance of tender and any modification of such Specification thereafter directed or

the use of which has been permitted by the Superintendent pursuant to his powers in that

behalf contained in the Contract;

"Superintendent's Representative" means a person appointed in writing from time to time

by the Superintendent pursuant to Clause 24;

"Temporary Works" means the works on the site (other than Constructional Plant) which are

required for the execution of the work under the Contract but which do not form part of

the Works to be handed over to Glenelg Shire Council;

"the Contract" means the document which constitutes or evidences or, as the case may

be, all the documents which constitute or evidence the final and concluded agreement





between Glenelg Shire Council and the Contractor concerning the execution of the work

under the Contract;

"the Contractor" means the person who as party to the Contract is bound to execute the

work under the Contract in accordance with the Contract and includes that person's

heirs, executors, administrators and permitted assigns and in the case of a corporate body

its successors and permitted assigns;

"the Works" means the whole of the work to be executed in accordance with the

Contract, including all variations provided for by the Contract, which by the Contract are

to be handed over to Glenelg Shire Council;

"work under the Contract" means the work which the Contractor is or may be required to

execute under the Contract and includes all variations, remedial work, Constructional

Plant and Temporary Works.

The clause headings and sub-clause headings and the marginal notes in these General

Conditions of Contract shall not be deemed to be part thereof and shall not be used in the

interpretation or construction thereof or of the Contract.

Words in the singular shall include the plural and words in the plural shall include the singular,

according to the requirements of the context.

Words importing the masculine gender shall include the feminine gender or the neuter gender,

as the case may require.

The Contractor is referred to the Supplementary General Conditions of Contract RC for further

definitions.

3. NATURE OF CONTRACT

3.1 Description

The Contractor shall be paid either on a Lump Sum basis or on a Schedule of Rates basis or

partly on a Lump Sum basis and partly on a Schedule of Rates basis as stated in the Annexure

hereto.

Sub-clause 3.2 shall apply to payments on a Lump Sum basis and Sub-clause 3.3 shall apply to

payments on a Schedule of Rates basis.

Unless otherwise stated in the Contract, the Contract shall not be subject to adjustment for rise

and fall in costs.

3.2 Lump Sum

(a) Where payment is to be made on a Lump Sum basis the Contractor shall execute the

work and perform his obligations under the Contract and the sum payable by Glenelg

Shire Council to the Contractor therefore shall be the lump sum accepted by Glenelg

Shire Council adjusted by any additions or deductions pursuant to the Contract.

(b) A Bill of Quantities shall not form part of the Contract except to the extent provided for in

the Contract.

3.3 Schedule of Rates

(a) Moneys Payable

Where payment is to be made on a Schedule of Rates basis the Contractor shall execute

the work and perform his obligations under the Contract and Glenelg Shire Council shall

See also

clause

S3

See also

clause

S10





pay the Contractor for the measured quantity of each section or item of work actually

carried out under the Contract at the rate therefor set out in the Schedule of Rates as

adjusted by any additions or deductions pursuant to the Contract.

The rates and lump sums in the Schedule of Rates are deemed to include the cost of the

whole of the work under the Contract, services and other incidentals associated with or

necessary for the execution of the work under the Contract and the performance of the

obligations of the Contractor under the Contract. Where a section or item does not

appear in the Schedule of Rates the cost thereof shall be deemed to be included in the

rate or price for the section or item associated with that section or item but where there is

no section or item associated with that section or item the cost thereof shall be deemed

to be included in the rates or prices generally. Where any section or item in the Schedule

of Rates is unpriced by the Contractor all costs applicable to that section or item shall be

deemed to be included elsewhere in the Schedule of Rates.

An order shall not be required to be given by the Superintendent by reason of the actual

quantity of a section or item being greater than or less than the quantity shown in the

Schedule of Rates for that section or item.

(b) Quantities

The quantities in the Schedule of Rates issued by Glenelg Shire Council are estimated

quantities only and are not to be taken as actual or correct quantities of work to be

carried out.

(c) Adjustment of Rate

When limits of accuracy are set out in the Contract, if the actual quantity of a section or

item of work carried out proves to be greater than the upper limit or less than the lower

limit of the limits of accuracy set out in the Contract either party to the Contract may

notify the other party to the Contract in writing that he considers that in respect only of

quantities greater than the upper limit or less than the lower limit of the limits of accuracy

set out in the Contract an adjustment in the rate for that section or item should be made,

setting forth his reasons therefor. Any adjustment to the rate shall be as agreed between

the Contractor and the Superintendent or, in the event of failure to agree, as determined

by the Superintendent PROVIDED HOWEVER that if the actual quantity is greater than the

upper limit of the limits of accuracy set out in the Contract the Superintendent may direct

that the portion of the section or item of work which is greater than that upper limit shall

be carried out by the Contractor as Daywork and payment will be made as for Daywork

under Sub-clause 40.3.

4. RESERVED

5. SECURITY RETENTION MONEYS AND OTHER PERFORMANCE UNDERTAKINGS

5.1 Purpose

Security, retention moneys and performance undertakings shall, when the same or any of them

are required, be provided and given for the purpose of ensuring the due and proper

performance of the Contract and of satisfying the obligations of the Contractor under the

Contract.

5.2 Provision of Security

If security is required the Contractor shall provide it in accordance with this clause in the

amount set out in the Annexure hereto.





5.3 Form of Security

The security shall be in the form of cash, Government Bonds or Inscribed Stock, or an

unconditional undertaking or certificate in a form approved in writing by Glenelg Shire Council

and given by a bank approved in writing by Glenelg Shire Council.

If the security is not transferable by delivery it shall be accompanied by an executed transfer

thereof to Glenelg Shire Council and the costs and expenses (including all stamp or other

duties) of and incidental to the said transfer shall be borne and paid by the Contractor.

5.4 Time for Lodgement of Security

The security shall be lodged by the Contractor with Glenelg Shire Council within fourteen days

after the date of acceptance of tender or within such further time as is approved in writing by

Glenelg Shire Council.

Failure on the part of the Contractor to lodge the security within the time so allowed is to be

deemed to constitute a breach going to the root of the Contract so that notwithstanding

anything to the contrary in the Contract:

(a) if it so elects Glenelg Shire Council may give to the Contractor a notice in writing that

Glenelg Shire Council treats itself as discharged from all further obligations on its part under

the Contract; and

(b) it may:

(i) institute proceedings in any court of competent jurisdiction to recover any damages

that it may have sustained by reason of the breach;

(ii) exercise all or any other rights or remedies conferred on it whether at Common Law

or under the provisions of the Contract.

5.5 Conversion of Security

If Glenelg Shire Council becomes entitled to exercise all or any of its rights under the Contract in

respect of the security Glenelg Shire Council may convert into money the security that does not

consist of money. Glenelg Shire Council shall not be liable for any loss occasioned by such a

conversion.

5.6 Retention Moneys

Any retention moneys will be retained by Glenelg Shire Council from moneys due under

payment schedules issued by the Superintendent pursuant to Sub-clause S17.1.

5.7 Reduction of Security and Retention Moneys

Glenelg Shire Council may, at any time after the Superintendent has issued a Certificate of

Practical Completion under Sub-clause S17.2 in respect of the Works or a separable part of the

Works, make or allow a reduction of the amount of the security or the retention moneys by an

amount which, in its opinion, is just and equitable PROVIDED HOWEVER that the reduction shall

not reduce the amount of the security and retention moneys below fifty per centum of the

security and retention moneys held by Glenelg Shire Council at the time the reduction is made

or allowed by it.

Any reduction under this sub-clause shall not operate so as to waive, prejudice, release or

discharge any of the conditions of the Contract or any of the obligations imposed on the

Contractor by the Contract.





5.8 Release of Security and Retention Moneys

Glenelg Shire Council shall account to the Contractor for the security and any retention

moneys as provided in Sub-clause S17.6, subject to the rights of Glenelg Shire Council under the

Contract.

5.9 Interest on Security

Interest will not be payable by Glenelg Shire Council on any cash security or on the cash

proceeds of any security converted into money pursuant to Sub-clause 5.5 or on any retention

moneys.

5.10 Deed of Guarantee, Undertaking and Substitution

Where the Contractor is a corporation that is a subsidiary of another corporation or is a

corporation that is related to another corporation, the Contractor shall, if so requested in

writing by Glenelg Shire Council, lodge with Glenelg Shire Council at the time of execution of

the Formal Instrument of Agreement a Deed of Guarantee, Undertaking and Substitution for the

performance of the obligations and the discharge of the liabilities of the Contractor under the

Contract in a form approved in writing by Glenelg Shire Council, duly executed by the

Contractor and that other corporation.

For the purpose of this sub-clause:

(a) a corporation is a subsidiary of another corporation if, under the Act of the State or the

Act or Ordinance of the Territory under which the first-mentioned corporation is

incorporated or registered, it is to be deemed to be, for the purposes of that Act or that

Ordinance, a subsidiary of that other corporation; and

(b) a corporation is related to another corporation if, under the Act of the State or the Act or

Ordinance of the Territory under which the first-mentioned corporation is incorporated or

registered, it and the other corporation are to be deemed to be, for the purpose of that

Act or that Ordinance, related to each other.

6. EVIDENCE OF CONTRACT

6.1 Contract in Absence of Formal Instrument of Agreement

Until the Formal Instrument of Agreement referred to in the next succeeding sub-clause is

executed by the parties, the agreement in writing between the Contractor and Glenelg Shire

Council for the execution of the Works, including the documents or the parts of the documents

to which reference may properly be made in order to ascertain the rights and obligations of

the parties in relation to the work under the Contract, shall constitute the Contract between

them.

6.2 Formal Instrument of Agreement

(a) As soon as practicable after the date of acceptance of tender Glenelg Shire Council shall

prepare in duplicate a Formal Instrument of Agreement.

(b) Within fourteen days after being requested in writing by Glenelg Shire Council so to do the

Contractor shall execute both copies of the Formal Instrument of Agreement at the place

and in the manner directed in writing by Glenelg Shire Council and shall return both

copies to Glenelg Shire Council duly executed by the Contractor.

(c) On receipt from the Contractor of the two copies of the Formal Instrument of Agreement

duly executed by the Contractor Glenelg Shire Council shall as soon as practicable

execute both copies of the Formal Instrument of Agreement, and thereafter as soon as

practicable shall have both copies duly stamped unless an exemption from such





requirement applies by Act of Parliament or Act or Ordinance of a Territory, as the case

may be, and shall forward one of such copies to the Contractor.

(d) If the Contractor fails to duly execute the Formal Instrument of Agreement within the time

and in the form prescribed in paragraph (b) of this sub-clause Glenelg Shire Council shall

be entitled to treat such failure as a default under Clause 44.

6.3 Precedence of Documents

The documents comprising the Contract are listed in the Formal Instrument of Agreement.

Any direction given by the Superintendent pursuant to Clause 23 shall not alter the respective

obligations of Glenelg Shire Council or the Contractor which obligations shall be determined by

reference to the Contract documents which themselves shall unless otherwise expressly

provided be accorded the following order of precedence:

(a) The Formal Instrument of Agreement

(b) Letter of Award of Contract

(c) Form of Tender

(d) Post Tender and Pre Award Correspondence

(e) Schedules

(f) Contract Specific Clauses

(g) General Conditions of Contract

(h) Standard Specifications

(i) Drawings

except that where structural drawings are included in the contract, these drawings shall take

precedence over contract specific clauses and all subsequently listed documentation.

Unless otherwise expressly provided, annexures and appendices shall be accorded the

respective authority of the document incorporating the same into the Contract. In the event

of any difference between any document and its annexure or appendix, the document shall

prevail.

7. SERVICE OF DOCUMENTS

7.1 Service of Documents on Contractor

Subject to Clause 25, any document which is to be or may be issued or given to or served upon

the Contractor under the Contract shall be deemed to have been sufficiently issued or given to

or served upon the Contractor if it is handed to the Contractor or is sent by prepaid post to or is

left at the address of the Contractor stated in the tender of the Contractor for the Works or at

such other address as is notified in writing by the Contractor to Glenelg Shire Council.

7.2 Service of Documents on Corporation or Superintendent

Any document which is to be or may be issued or given to or served upon Glenelg Shire

Council or the Superintendent under the Contract shall be deemed to be sufficiently issued or

given to or served upon Glenelg Shire Council or the Superintendent, as the case requires, if it is

handed to Glenelg Shire Council or the Superintendent or is sent by prepaid post to or is left at

the address of Glenelg Shire Council or of the Superintendent stated in the Annexure hereto.

7.3 Service by Post

Any document sent by prepaid post shall be deemed to have been issued or given to or

served upon the Contractor or Glenelg Shire Council or the Superintendent, as the case may

be, at the time at which it would normally arrive in the ordinary course of the post at the

address to which it is directed.





8. DOCUMENTS GENERALLY AND DRAWINGS AND SPECIFICATION

8.1 Discrepancies in Documents

The several documents which constitute or evidence the Contract shall be taken as mutually

explanatory and anything contained in one but not in another shall be equally binding as if

contained in all. Any ambiguity, discrepancy or inconsistency shall be explained by the

Superintendent upon reference thereof in writing to him by the Contractor or on discovery

thereof by the Superintendent, who shall thereupon direct the Contractor as to the

interpretation to be followed. If the Contractor finds any such ambiguity, discrepancy or

inconsistency he shall immediately refer it in writing to the Superintendent.

Minor items not expressly mentioned in the Contract but which are necessary for the

satisfactory completion and performance of the work under the Contract shall be supplied and

executed by the Contractor without adjustment to the contract sum.

8.2 Drawings and Specification

The Drawings, if any, and the Specification represent generally the forms, dimensions and

descriptions of work to be carried out. The Contractor shall make allowance for slight variations

in dimensions shown on Drawings which may be caused by unavoidable inequalities in the sizes

of materials and any such variations shall be as agreed upon between the Contractor and the

Superintendent or, failing such agreement, as decided by the Superintendent. Where any

discrepancy exists between figured and scaled dimensions, the figured dimensions shall prevail.

Drawings made to larger scales and those showing details of particular parts of any work shall

be taken as correct in preference to those made to smaller scales and for more general

purposes.

8.3 Documents to be Supplied by Corporation and Superintendent

Except as otherwise provided in the Contract, Glenelg Shire Council shall issue, or cause to be

issued, to the Contractor free of charge five copies of the Drawings, Specification and other

written information required by the Contract to be supplied to the Contractor by Glenelg Shire

Council.

The Superintendent shall, if requested in writing by the Contractor at a reasonable point in the

progress of the work under the Contract, supply to the Contractor such additional drawings

and other written information as the Superintendent shall decide are necessary for the

execution of such work and such additional drawings or other written information so supplied

by the Superintendent to the Contractor shall be deemed to be part of the original documents

which constitute or evidence the Contract.

All documents supplied to the Contractor under this clause shall remain the property of Glenelg

Shire Council and shall be returned by the Contractor to Glenelg Shire Council on demand in

writing. Such documents shall not, without the prior written approval of Glenelg Shire Council,

be used, copied or reproduced for any purpose other than the execution of the work under

the Contract.

8.4 Documents to be Supplied by Contractor

The Contractor shall supply to the Superintendent free of charge five copies, or such other

number as may be specified in the Contract, of such Drawings and other written information as

he is required by the Contract to so supply, together with such further copies as the Contractor

requires for his own use.

If the Superintendent considers that such Drawings and other written information are suitable

for use for the purposes of the Contract, he shall give the Contractor permission so to use them





and shall return the Contractor's copies to him. The copies supplied for retention by the

Superintendent shall remain the property of Glenelg Shire Council.

Notwithstanding the grant of permission to use any such Drawings or other written information

referred to in the preceding paragraph of this sub-clause the Contractor shall be bound to

carry out and complete the work under the Contract strictly in accordance with the Contract.

Permission for the use of any such Drawings or other written information shall not relieve the

Contractor from the full responsibility for the correctness of such Drawings or other written

information except in so far as any error in or omission from such Drawings or other written

information has been caused by an error in or omission from any document which Glenelg

Shire Council has issued, or caused to be issued, to the Contractor or which the Superintendent

has issued to the Contractor for the purposes of the Contract.

8.5 Availability of Documents

During the execution of the work under the Contract one complete set of the Drawings,

Specification and other written information issued or supplied by Glenelg Shire Council, the

Superintendent and the Contractor shall be kept by the Contractor at the site or other location

approved in writing by Glenelg Shire Council and shall be available at all times for reference by

Glenelg Shire Council, the Superintendent and any persons nominated in writing by either of

them.

9. ASSIGNMENT AND SUBCONTRACTING

9.1 Assignment

The Contractor shall not, without the prior written approval of Glenelg Shire Council and except

on such terms and conditions as are determined in writing by Glenelg Shire Council, assign,

mortgage, charge or encumber the Contract or any part thereof or any benefit or moneys or

interest thereunder.

9.2 Subcontracting

The Contractor shall not subcontract the whole of the work under the Contract. The

Contractor shall not subcontract any part of the work under the Contract unless:

(a) he has made prior application in writing to the Superintendent giving full particulars of the

part of the work under the Contract he wishes to subcontract and of the proposed

subcontractor and he has obtained the written approval of the Superintendent, which

approval shall not be unreasonably withheld, to the application; or

(b) he is specifically authorised by the Contract to subcontract that part of the work under the

Contract.

9.3 Contractor's Responsibility

(a) An approval to subcontract any part of the work under the Contract given by the

Superintendent in pursuance of Sub-clause 9.2 shall not relieve the Contractor from any of

his liabilities or obligations under the Contract.

(b) Notwithstanding any such approval to subcontract the Contractor shall be liable to

Glenelg Shire Council for the acts, defaults and neglects of any subcontractor or any

employee or agent of the subcontractor as fully as if they were the acts, defaults or

neglects of the Contractor or the employees or agents of the Contractor.

10. RESERVED

11. ADJUSTMENT OF PROVISIONAL SUMS AND PROVISIONAL QUANTITIES

See also

clause

S4





11.1 Adjustment of Provisional Sums

In the event of the amount included in the Contract in respect of any provisional sum (whether

so described or described as prime-cost sums or as prime-cost items or otherwise) not being

expended or being greater or less than the amount directed in writing by Glenelg Shire Council

to be expended by the Contractor against the provisional sum, the amount unexpended or

the amount of the difference, as the case may be, shall be certified by the Superintendent and

shall be taken into account in determining the final contract sum.

Where any adjustment is made pursuant to the preceding provisions of this sub-clause, that

adjustment, unless the Superintendent otherwise determines, shall not include any amount on

account of profit to or attendance on the part of the Contractor. Any variation to the work to

which the provisional sum relates shall be dealt with in accordance with Clause 40.

11.2 Adjustment of Provisional Quantities

If, in respect of any work for which a provisional quantity is included in the Contract, the

Superintendent directs that a greater or lesser quantity than the provisional quantity shall be

carried out, or that no work shall be carried out, the value of the difference between the

provisional quantity and the quantity carried out pursuant to that direction, calculated at the

rate for that work stated in the Contract, shall be certified by the Superintendent and shall be

taken into account in determining the final contract sum.

12. CONTRACTOR TO INFORM HIMSELF

The Contractor shall be deemed to have:

(a) examined carefully and to have acquired actual knowledge of the contents of the

Drawings, Specification, Schedules, Conditions of Tendering, these General Conditions of

Contract and the Special Conditions (if any) and any other information made available in

writing by Glenelg Shire Council to the Contractor for the purpose of tendering; and

(b) examined all information relevant to the risks, contingencies and other circumstances

having an effect on his tender and which is obtainable by the making of reasonable

enquiries; and

(c) examined the site and its surroundings; and

(d) satisfied himself as to the correctness and sufficiency of his tender for the work and that his

price covers the cost of complying with all his obligations under the Contract and of all

matters and things necessary for the due and proper performance and completion of the

Contract.

Failure by the Contractor to do all or any of the things he is deemed to have done under this

clause will not relieve the Contractor of his liability to perform and complete the Contract in

accordance with the terms and conditions thereof.

13. ROYALTIES PATENT AND OTHER INDUSTRIAL PROPERTY RIGHTS AND FEES

13.1 Use of and Breach of Existing Intellectual Property Rights

Unless otherwise provided for in the Contract, all payments (whether or not accrued due and

payable at the date of the Contract) for royalties and patent rights, registered designs, trade

marks or names, copyright and other protected rights and all fees then or thereafter to

become payable for or in connection with any land, matter or thing used or required to be

used in performance of the Contract or to be supplied under the Contract, shall be the

responsibility of the Contractor and shall be paid by him to those to whom and at the time at

which they become payable.

See also

clause

S5





The Contractor shall indemnify Glenelg Shire Council against any action, suit, proceeding or

claim or demand, in respect of all costs or expenses arising whether directly or indirectly from or

incurred by reason of any infringement or alleged infringement of letters patent, registered

design, trade mark or name, copyright or other protected rights in respect of any machine,

equipment, work, material or thing, system or method of using, fixing of or working, or any

arrangement used or fixed or supplied by the Contractor for the purposes of the Contract.

The indemnity shall not cover any infringement or alleged infringement of any letters patent,

registered design, trade mark or name, copyright or other protected right due to the use of the

Works or part thereof otherwise than in accordance with the Contract.

In the event of any claim or demand being made or action, suit or proceeding being brought

against Glenelg Shire Council in respect of any matters covered by the indemnity, Glenelg

Shire Council shall immediately notify the Contractor in writing thereof, and the Contractor

shall, with the assistance of Glenelg Shire Council, if he makes a request in writing for such

assistance, but at the sole expense of the Contractor, conduct any litigation that may arise

therefrom and all negotiations for the settlement of the claim, demand, action, suit or

proceeding. The Contractor shall not make any settlement or consent to any judgment order

or verdict against Glenelg Shire Council without first obtaining Glenelg Shire Council's written

consent thereto.

Glenelg Shire Council shall not make any admission in relation to any claim, demand, action,

suit or proceeding against Glenelg Shire Council with respect to any matter covered by the

indemnity unless within seven days after the date of the receipt by him of the notification in

writing from Glenelg Shire Council referred to in the preceding paragraph of this clause the

Contractor fails to open negotiations for the settlement of the claim, demand, action, suit or

proceeding or to take all necessary and proper steps to defend any claim, demand, action,

suit or proceeding.

The Superintendent may, before the issue of the Final Certificate pursuant to Sub-clause S17.7,

direct the Contractor to furnish to the Superintendent a signed statement or a statutory

declaration that all payments and all fees referred to in the first paragraph of this clause have

been paid or satisfied.

13.2 Intellectual Property Created Pursuant to the Contract

Any Intellectual Property arising in the course of the works or the performance of the Contract

shall be vested exclusively in Glenelg Shire Council and the Contractor shall execute such

notices, waivers or assignments as necessary to enable Glenelg Shire Council to register or

otherwise obtain title to the Intellectual Property. The Contractor shall deliver up all documents,

data, models, designs, estimates, reports, calculations, computer software, specifications and

drawings made in the course of the Contract to Glenelg Shire Council upon termination or

completion of the Contract or as requested.

This provision does not restrict the Contractor's ongoing rights to the use of original ideas,

equipment, processes or systems created outside the terms of this Contract.

Where the work under the Contract is created or depends upon or functions better with the

help of other material supplied by the Contractor (such as software), in its production,

operation or use, the Contractor shall provide such other material to Glenelg Shire Council

either outright or upon perpetual licence and at no cost or nominal cost. The Contractor shall

provide evidence satisfactory to Glenelg Shire Council that such arrangements have been

made for the lawful use of all such materials.

"Intellectual Property" for this clause includes but is not limited to copyright and rights in or to

trademarks, patents, designs, circuit layouts, or confidential know-how.





13.3 Moral Rights

The Contractor warrants that:

(a) it has obtained valid consents from all relevant authors in the creation of any copyright

work under this contract so that the use by Glenelg Shire Council or its assignees of such

work will not infringe any copyright, including any author's moral rights under the Copyright

Act 1968; and

(b) the consents permit Glenelg Shire Council in its absolute discretion, reproducing,

publishing, copying, adapting, performing, communicating to the public, materially

distorting or in any other way changing or using the work (or a substantial part of

adaptation of it) –

(i) with or without attribution of authorship;

(ii) with no title, the same title or any other title; and

(iii) in any way it sees fit.

The Contractor indemnifies Glenelg Shire Council and agrees to keep Glenelg Shire Council

indemnified in respect of any actual or threatened breach of any of the above warranties.

14. REQUIREMENTS OF STATUTES AND SUBORDINATE LEGISLATION

14.1 Complying with Statutory Requirements

The Contractor shall comply with the requirements of all Acts of the Parliament of the

Commonwealth and with the requirements of the provisions of all Acts of the Parliament of the

State or Acts or Ordinances of the Territory in which the work under the Contract or any part

thereof is carried out and with the requirements of all ordinances, regulations, by-laws, orders

and proclamations made or issued under any such Act or Ordinance and with the lawful

requirements of public and other authorities in any way affecting or applicable to the Works or

the execution of the work under the Contract.

If, in the opinion of the Contractor, the provisions of any document forming part of the

Contract are at variance with any such requirements, the Contractor shall give written notice

to the Superintendent specifying the departure from such provisions which he considers

necessary to comply with such requirements and the reasons therefor, and applying for

instruction thereon. The Superintendent shall, as soon as practicable after receiving the

Contractor's written notice, give to the Contractor such lawful instructions as he thinks fit and

the Contractor shall comply with those instructions.

14.2 Notices and Fees

The Contractor shall give all notices necessary to comply with the aforesaid requirements and

shall pay and bear all fees payable in connection therewith.

14.3 Surrender of Documents Evidencing Approval of Authorities

Prior to the issue of the Certificate of Practical Completion for the Works, or upon demand in

writing made by Glenelg Shire Council or the Superintendent at any time and from time to

time, the Contractor shall surrender to Glenelg Shire Council any documents in his possession

issued by or evidencing the approval of public or other authorities in connection with the work

under the Contract.

14.4 Privacy

The Contractor agrees in respect of Personal Information held in connection with this Contract:

(a) that it shall be bound by the Information Privacy Principles and any applicable Code of

Practice with respect to any act done or practice engaged in by the Contractor for the





purpose of this Contract, in the same way and to the same extent as Glenelg Shire Council

would have been bound by the Information Privacy Principles and any applicable Code of

Practice in respect of that act or practice had it been directly done or engaged in by

Glenelg Shire Council; and

(b) to immediately notify the Superintendent where it becomes aware of a breach of 14.4(a)

above, by it or any of its agents or employees (past or present).

In this clause:

"Code of Practice" means a code of practice as defined in, and approved under, the

Information Privacy Act (Vic) 2000;

"Information Privacy Principles" means the principles so identified and set out in the Information

Privacy Act (Vic) 2000;

"Personal Information" means information or an opinion (including information or an opinion

forming part of a database) that is recorded in any form and whether true or not, about an

individual whose identity is apparent, or can be reasonably ascertained, from the information

or opinion.

This Clause 14.4 shall continue to have effect after the termination or expiration of this Contract.

15. PROTECTION OF PERSONS AND PROPERTY

The Contractor shall provide, erect and maintain all barricades, guards, fencing, temporary

roadways, footpaths, signs and lighting and provide and maintain all watching and traffic

flagging lawfully required by any public or other authority or necessary for the protection of the

work under the Contract or of other property or for the safety and convenience of the public

and others and shall remove the same when no longer required.

The Contractor shall avoid obstruction or damage to roadways and footpaths, drains and

watercourses and public utility and other services on or adjacent to the site which are visible or

the location of which can be ascertained by the Contractor from the appropriate authority or

from the Contract and shall have any obstruction removed immediately and at his own cost

shall have made good all damage caused by him, his employees, agents or subcontractors or

the employees of any such agents or subcontractors. In the event of the Contractor's failure to

do so, Glenelg Shire Council may have the remedial work carried out and the cost incurred

shall be a debt due from the Contractor to Glenelg Shire Council which may be deducted or

recovered by Glenelg Shire Council pursuant to Clause 46.

The Contractor shall avoid interference with or damage to property on or adjacent to the site

and shall provide temporary protection for and shall repair and reinstate all damage caused

thereto by him, his employees, agents or subcontractors or the employees of any such agents

or subcontractors, either directly or indirectly.

The Contractor shall prevent nuisance to the owners, tenants or occupiers of properties

adjacent to the site and to the public generally.

16. CARE OF THE WORKS

16.1 Liability of the Contractor to Date of Practical Completion of the Works

From the commencement of the Contract to the Date of Practical Completion of the Works

(as defined in Sub-clause S17.2) the Contractor shall be solely liable for the care of the Works,

the Temporary Works and all materials, Constructional Plant and other things that are brought

on to the site by or on behalf of the Contractor or any of his subcontractors for the purpose of

carrying out the work under the Contract or that are entrusted to him by Glenelg Shire Council

for that purpose.

The Contractor shall at his own cost make good to the satisfaction of the Superintendent any

loss of or damage to the Works, the Temporary Works or the aforesaid materials, Constructional

Plant and other things resulting from any cause whatsoever (save and except the Excepted





Risks as defined in Sub-clause 16.2) when such making good is necessary for the satisfactory

completion of the Works. When so ordered by the Superintendent any such loss or damage

caused by any of the Excepted Risks as defined in Sub-clause 16.2 shall be made good by the

Contractor as a variation to the Contract and dealt with pursuant to Clause 40.

If a Certificate of Practical Completion is issued for a separable part of the Works pursuant to

Sub-clause S17.2, then the Contractor's liability for the care of that separable part of the Works

as defined above shall cease on the Date of Practical Completion of that separable part of

the Works, except for his liability during the Defects Liability Period for that separable part of the

Works, or for any Operational Maintenance Period specified in the Contract for that separable

part of the Works, as stated in Sub-clause 16.3.

Nothing contained in this sub-clause shall relieve the Contractor of his responsibilities or liabilities

under Clause 18.

16.2 Excepted Risks

The Excepted Risks are:

(a) Any negligent act or omission of Glenelg Shire Council, the Superintendent or the

employees, professional consultants or agents of Glenelg Shire Council.

(b) Any risk specifically excepted in the Specification.

(c) War, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil

war, rebellion, revolution, insurrection or military or usurped power, martial law or

confiscation by order of any Government or public authority.

(d) Ionising radiations or contamination by radioactivity from any nuclear fuel or from any

nuclear waste from the combustion of nuclear fuel not caused by the Contractor or his

employees or agents or subcontractors.

16.3 Liability of the Contractor after Date of Practical Completion

(a) After the Date of Practical Completion of the Works or a separable part of the Works the

Contractor shall, subject to the provisions of paragraphs (b), (c) and (d) respectively in this

sub-clause, indemnify and keep indemnified Glenelg Shire Council against all loss or

damage to the Works or the separable part of the Works or to the relevant Temporary

Works arising out of or resulting directly or indirectly from any negligent act or omission of

the Contractor or any subcontractor or any employee or agent of the Contractor or of

any subcontractor or out of any default of the Contractor under the Contract; and for the

purposes of this sub-clause the word "default" shall be construed, but without restricting its

generality of meaning, as including faulty design, workmanship or materials.

(b) If a Certificate of Practical Completion is issued for the Works and no Certificate of

Practical Completion has been issued for any separable part of the Works the indemnity

shall extend to the Works and the Temporary Works during the period commencing on the

Date of Practical Completion of the Works and ending on the day on which the Defects

Liability Period for the Works, or the Operational Maintenance Period specified in the

Contract for the Works, as the case may be, expires.

(c) If a Certificate of Practical Completion is issued for a separable part of the Works the

indemnity shall extend to that separable part of the Works during the period commencing

on the Date of Practical Completion of that separable part of the Works and ending on

the day on which the Defects Liability Period for that separable part of the Works, or the

Operational Maintenance Period specified in the Contract for that separable part of the

Works, as the case may be, expires.

(d) If a Certificate of Practical Completion is issued for the Works and a Certificate of Practical

Completion has been issued for a separable part of the Works the indemnity shall, without

limiting or affecting the indemnity applicable in relation to the separable part of the

Works, extend to the Works and the Temporary Works other than the separable part of the

Works.





17. INSURANCE OF THE WORKS

Unless otherwise provided in the Annexure, before commencing work under the Contract, the

Contractor shall take out an insurance policy to cover his liabilities as set out in Clause 16

against any loss of or damage resulting from any cause whatsoever to the Works, the

Temporary Works and all materials and other things that are brought on to the site by or on

behalf of the Contractor or any of his subcontractors for the purpose of carrying out the work

under the Contract or that are entrusted to him by Glenelg Shire Council for that purpose; and

for the purpose of this clause the expression "materials and other things shall be construed, but

without restricting its generality of meaning, as including Constructional Plant (unless otherwise

insured to the satisfaction of the Superintendent).

The insurance cover may exclude:

(a) the cost of making good fair wear and tear or gradual deterioration but not the loss or

damage resulting therefrom;

(b) the cost of making good faulty design, workmanship and materials but not the loss or

damage resulting therefrom;

(c) consequential loss of any kind, but not loss of or damage to the Works;

(d) damages for delay in completing or for the failure to complete work;

(e) loss or damage resulting from ionising radiations or contamination by radioactivity from

any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel resulting

from any cause;

(f) loss or damage resulting from the excepted risks (b) and (c) defined in Sub-clause 16.2.

The insurance cover shall extend to the Contractor's liabilities and obligations as set out in

Sub-clause 16.3.

Unless otherwise specified elsewhere in the Contract, and subject to such reductions as are

appropriate having regard to the next succeeding paragraph, the insurance cover shall be for

an amount not less than the contract sum to which shall be added a further sum not less than

the total of the respective amounts stated in the Annexure hereto for the value of materials to

be supplied by Glenelg Shire Council for the purpose of the work under the Contract and the

assessments for insurance purposes of architects', engineers' and surveyors' fees and of costs of

demolition and removal of debris relating to and necessarily incurred in the reinstatement of

loss or damage to the Works.

The insurance policy shall be in the joint names of Glenelg Shire Council, the Contractor and all

subcontractors employed from time to time in relation to the Works for their respective rights,

interests and liabilities and unless otherwise specified elsewhere in the Contract, shall be

effected with an insurer or insurers approved in writing by Glenelg Shire Council and in terms

approved in writing by Glenelg Shire Council, which approvals shall not be unreasonably

withheld. The policy shall be maintained until the Contractor's liabilities and obligations

respectively stated in Sub-clause 16.3 cease.

The insurance policy shall include a cross-liability clause in which the insurer agrees to waive all

rights of subrogation or action that he may have or acquire against all or any of the persons

comprising the insured and for the purpose of which the insurer accepts the term "insured" as

applying to each of the persons comprising the insured as if a separate policy of insurance had

been issued to each of them (subject always to the overall sum insured not being increased

thereby).

18. PROPERTY DAMAGE AND PUBLIC RISK Subject to the next succeeding paragraph of this clause, the Contractor shall indemnify and

keep indemnified Glenelg Shire Council against all loss of or damage to the property of

Glenelg Shire Council (other than the Works and the Temporary Works or a separable part of

the Works but including existing property in or upon which the work under the Contract is being

carried out) and from and against any claim, demand, action, suit or proceeding that may be





made or brought by any person against Glenelg Shire Council, the Superintendent or the

employees, professional consultants or agents of Glenelg Shire Council or any of them in

respect of personal injury to or the death of any person whomsoever or loss of or damage to

any property whatsoever arising out of or as a consequence of the construction or

maintenance of the Works by the Contractor or his employees, agents or sub-contractors and

also from any costs and expense that may be incurred in connection with any such claim,

demand, action, suit or proceeding. The Contractor shall not, under the last preceding paragraph of this clause, be rendered liable

for or in respect of personal injury to or the death of any person or loss of or damage to

property resulting from any breach by Glenelg Shire Council of any provision of the Contract or

any negligent act or omission of Glenelg Shire Council, the Superintendent or the employees,

professional consultants or agents of Glenelg Shire Council or for or in respect of any claims,

demands, actions, suits or proceedings, costs and expenses whatsoever in respect thereof or in

relation thereto. 19. PUBLIC LIABILITY INSURANCE Before commencing work under the Contract, the Contractor shall take out a Public Liability

Policy of Insurance in the joint names of Glenelg Shire Council, the Contractor and all

sub-contractors employed from time to time in relation to the Works for their respective rights

and interests to cover their liabilities to third parties, including the liabilities as set out in

clause 18. The Public Liability Policy of Insurance shall include a cross-liability clause in which the insurer

agrees to waive all rights of subrogation or action that he may have or acquire against all or

any of the persons comprising the insured and for the purpose of which the insurer accepts the

term "insured" as applying to each of the persons comprising the insured as if a separate policy

of insurance had been issued to each of them (subject always to the overall sum insured not

being increased thereby). The Public Liability Policy of Insurance shall be for an amount not less than the sum stated in the

Annexure hereto and, unless otherwise specified elsewhere in the Contract, shall be effected

with an insurer or insurers approved in writing by Glenelg Shire Council and in terms approved in

writing by Glenelg Shire Council, which approvals shall not be unreasonably withheld. The

policy shall be maintained during the currency of the Contract.

20. ACCIDENT OR INJURY TO EMPLOYEES

The Contractor shall indemnify and keep indemnified Glenelg Shire Council against liability for

all loss or damage resulting from personal injury to or the death of (other than such injury or

death resulting from any breach by Glenelg Shire Council of any of the provisions of the

Contract or any negligent act or omission of Glenelg Shire Council, the Superintendent, or the

employees, professional consultants or agents of Glenelg Shire Council) the Contractor or any

subcontractor or any employee or agent of the Contractor or of any subcontractor occurring

during the currency of the Contract and arising out of or in connection with the execution of

the work under the Contract or the performance of the Contract and against all claims,

demands, actions, suits or proceedings, costs and expenses whatsoever in respect thereof or in

relation thereto, whether at Common Law or under any statute.

21. INSURANCE OF EMPLOYEES

Before commencing work under the Contract, the Contractor shall ensure that a suitable

insurance policy is taken out giving cover to himself and all subcontractors against any liability,

loss, damage, claim, demand, action, suit or proceeding, costs and expenses whatsoever

arising at Common Law or under any statute or other legislative provision, including any statute

or such provision relating to workmen's compensation, as a result of personal injury to or the

death of any person employed by the Contractor or by any subcontractor in or about the

execution of the work under the Contract or the performance of the Contract.





Insurance effected by the Contractor pursuant to the last preceding paragraph of this clause

shall be extended to cover all liabilities of Glenelg Shire Council at Common Law and under

any applicable statute or other legislative provision.

The insurance cover in respect of the liabilities of Glenelg Shire Council at Common Law shall

be for an amount not less than the sum stated in the Annexure hereto and, unless otherwise

specified elsewhere in the Contract, the policy shall be effected with an insurer or insurers

approved in writing by Glenelg Shire Council, which approval shall not be unreasonably

withheld. The policy shall be maintained during the currency of the Contract.

The Contractor shall ensure that every subcontractor is similarly insured.

For the avoidance of doubt, and without in any way limiting the generality of the other parts of

Clause 21, the Insurance effected by the Contractor and any subcontractors must cover the

obligations and liabilities of the Contractor and any subcontractor pursuant to the Accident

Compensation Act 1985 as amended from time to time and any successor to that Act

(hereinafter called "WorkCover Insurance").

22. EVIDENCE OF INSURANCE

22.1 Inspection and Provisions of Insurance Policies

Before commencing work under the Contract and whenever requested in writing at any time

and from time to time thereafter so to do by Glenelg Shire Council, the Contractor shall

produce evidence to the satisfaction and approval in writing of Glenelg Shire Council of the

insurances effected and maintained by the Contractor and his subcontractors for the purposes

of Clauses 17, 19 and 21 or any of them.

If, after being requested in writing by Glenelg Shire Council so to do, the Contractor fails to

produce evidence of compliance with his insurance obligations under Clauses 17, 19 and 21 or

any of them which is to the satisfaction and approval of Glenelg Shire Council, Glenelg Shire

Council may effect and keep in force any such insurance and pay such premiums as may be

necessary for that purpose and the amount so paid shall be a debt due from the Contractor to

Glenelg Shire Council which may be deducted or recovered by Glenelg Shire Council pursuant

to Clause 46, or Glenelg Shire Council may refuse payment upon any certificate until evidence

of compliance with his insurance obligations under Clauses 17, 19 and 21 or any of them is

produced by the Contractor to the satisfaction and approval of Glenelg Shire Council.

The Contractor shall ensure that each policy of insurance effected as required by Clauses 17,

19 and 21 or any of them shall contain provisions acceptable to Glenelg Shire Council that will:

(a) require the insurer, whenever the insurer gives to or serves upon the Contractor or a

subcontractor a notice of cancellation or any other notice under or in relation to the

policy, at the same time to inform Glenelg Shire Council in writing that the notice has been

given to or served upon the Contractor or the subcontractor; and

(b) provide that a notice of claim given to the insurer by Glenelg Shire Council or the

Contractor or a subcontractor shall be accepted by the insurer as a notice of claim given

to the insurer by Glenelg Shire Council and the Contractor or by Glenelg Shire Council and

the subcontractor, as the case may require.

The Contractor shall, as soon as practicable, inform Glenelg Shire Council in writing of the

occurrence of an event that may give rise to claim under a policy of insurance effected as

required by Clauses 17, 19 and 21 and shall ensure that Glenelg Shire Council is kept fully

informed of subsequent action and developments concerning the claim. The Contractor shall

take such steps as are necessary or appropriate to ensure that a subcontractor will, in respect

to an event or claim of a like nature arising out of or relating to the operations or responsibilities

of the subcontractor, take in relation to Glenelg Shire Council the like action to that which the

Contractor is required to take under this paragraph.





The effecting of insurance as required by Clauses 17, 19 and 21 or any of them shall not in any

way limit the liabilities or obligations of the Contractor under other provisions of the Contract.

22.2 Further WorkCover Obligations

Evidence required to be produced by the Contractor of insurances for the purposes of

Clause 22 (and any other clause of the Contract) shall include evidence that the Contractor

and his subcontractors have complied with all requirements imposed on them by the Accident

Compensation Act 1985 or the Accident Compensation (WorkCover Insurance) Act 1993 or

any successors of those Acts and, the requirements of this Contract and shall include evidence

in a form satisfactory to Glenelg Shire Council that either:

A. (i) they have effected WorkCover insurance policies with an Authorised Insurer; and

(ii) all levy payments or premiums required to be paid in relation to the WorkCover

insurances have been paid up-to-date during the currency of the contract;

OR

B. they were during the currency of the contract approved self-insurers as defined in the Acts

referred to.

The words "the currency of the contract" includes the period from the date of acceptance of

tender up to the time of issue of the Final Certificate pursuant to Clause S17.7.

Without limiting the generality of any other part of Clause 22 if the Contractor or any

subcontractor defaults in relation to the requirements of Clause 21 (as amended) in relation to

the requirements of the Accident Compensation Act and the Accident Compensation

(WorkCover Insurance) Act or any successors thereof and as a result Glenelg Shire Council

incurs or suffers loss, expense or damage then the Contractor shall indemnify and reimburse

Glenelg Shire Council in respect of such loss, expense or damage as if it were a debt due from

the Contractor to Glenelg Shire Council which may be deducted or recovered by Glenelg

Shire Council pursuant to Clause 46.

Loss, expense or damage for the purposes of this clause includes, but is not limited to:

(i) compensation paid by Glenelg Shire Council to any workers, or premiums paid by

Glenelg Shire Council to any insurer to remedy the default or any premium or other sums

payable by Glenelg Shire Council pursuant to Section 10A of the Accident

Compensation Act 1985 or any statutory successor thereof or any legislation similar to, or

which has a similar effect to Section 10A of that Act; and

(ii) any increase in Glenelg Shire Council's premium for WorkCover insurance or any other

insurances; and

(iii) any other consequential loss, expense or damage.

23. SUPERINTENDENT

The work under the Contract shall be executed in accordance with the Contract and in

accordance with any directions of the Superintendent pursuant to the provisions of the

Contract.

For the purposes of this clause the word "direction" includes any agreement, approval,

authorisation, certificate, decision, demand, determination, direction, explanation, instruction,

notice, notification, order, permission, rejection, request or requirement which the

Superintendent may make, give or issue pursuant to the provisions of the Contract.

See also

clause

S6





Any direction which may be or is given to the Contractor by the Superintendent pursuant to the

provisions of the Contract may, unless the Contract expressly provides otherwise, be given

either orally or in writing. When any such direction is in the first instance given orally the

Superintendent shall as soon as practicable after it is so given confirm it in writing addressed to

and issued or given to or served upon the Contractor.

24. SUPERINTENDENT'S REPRESENTATIVE

The Superintendent may from time to time in writing appoint persons named by him to exercise

such of the powers, duties, discretions and authorities vested in him as he may think fit and shall

give notice to the Contractor of the name of each person so appointed and the extent of the

powers, duties, discretions and authorities exercisable by that person.

Upon receipt of such notice, the Contractor shall recognise and accept each person so

appointed as lawfully entitled to exercise for the purposes of the Contract the powers, duties,

discretions and authorities referred to in the notice.

The Superintendent may at any one time appoint more than one person to exercise a

particular power, duty, discretion or authority vested in him. If two or more persons may

exercise a particular power, duty, discretion or authority and the Contractor believes that any

such exercise gives rise to a conflict of directions then the Contractor must ask the

Superintendent to decide which direction is to prevail and the decision of the Superintendent is

conclusive.

An appointment under this clause does not prevent the exercise of a power, duty, discretion or

authority by the Superintendent and the Superintendent may at any time revoke any such

appointment by notice to the Contractor.

Where the word "Superintendent" is used in these General Conditions of Contract or elsewhere

in the Contract, it shall, so far as concerns the powers, discretions and authorities exercisable by

the Superintendent's Representative by virtue of his appointment under this clause, be deemed

to include a Superintendent's Representative.

25. CONTRACTOR'S REPRESENTATIVES

The Contractor shall personally superintend the execution of the work under the Contract or

have during the currency of the Contract a competent representative acceptable to the

Superintendent present on the site at all times during which any activities relating to the

execution of the work under the Contract are taking place and if required by the

Superintendent at such other times and at such other places at or in which any activities

relating to the execution of the work under the Contract are taking place.

The Contractor shall notify the Superintendent in writing of the name of his representative on

the site and of the name of any other representative at any other place in which any activities

relating to the execution of the work under the Contract are taking place, and of any

subsequent changes. Any direction as defined in Clause 23 shall:

(a) if given to the representative on the site in respect of the execution of the work under the Contract on the site be deemed to be a direction issued or

given to or served upon the Contractor in respect of the execution of the

work under the Contract on the site; or

(b) if given to the representative at any other place in respect to the execution

of part of the work under the Contract in that place shall be deemed to be

a direction issued or given to or served upon the Contractor in respect to

the execution of that part of the work under the Contract at that place.

Matters within the knowledge of a representative of the Contractor shall be





deemed to be within the knowledge of the Contractor.

In the absence from the site of the Contractor and his representative, the Superintendent may

take such action as he considers necessary to prevent loss of or damage to the whole or any

part of the work under the Contract or to any property or to prevent personal injury to any

person. The cost of any action so taken by the Superintendent shall, if the Superintendent

determines that the action is of a kind that the Contractor would have been liable to take at

his own expense if he or his representative had not been absent, be a debt due from the

Contractor to Glenelg Shire Council which may be deducted or recovered by Glenelg Shire

Council pursuant to Clause 46.

Any action taken by the Superintendent under this clause shall not relieve the Contractor of

any of his liabilities or obligations under the Contract.

26. CONTROL OF CONTRACTOR'S EMPLOYEES AND SUBCONTRACTORS

The Contractor shall employ and ensure that his subcontractors employ in connection with the

work under the Contract only such persons as are careful, skilled and experienced in their

respective trades and callings.

The Superintendent may object to and direct the Contractor to remove or have removed from

the site or from any activity connected with the work under the Contract within such time as

the Superintendent directs any person employed by the Contractor or by any subcontractor

who, in the opinion of the Superintendent, misconducts himself or is incompetent or negligent in

the performance of his duties; and the Contractor shall comply with such direction and any

such person shall not be employed on the site or on activities connected with the work under

the Contract without the prior approval of the Superintendent.

27. SITE

27.1 Possession of Site

Glenelg Shire Council shall on or before the expiration of the time stated in the Annexure

hereto give to the Contractor possession of sufficient of the site to enable him to commence

work in accordance with Sub-clause 35.1, and thereafter to execute the work under the

Contract in accordance with the requirements of the Contract.

Should any delay take place in giving the Contractor such possession of the site the delay shall

be deemed not to constitute a breach of contract but shall be a ground for an extension of

the time for completion pursuant to Sub-clause 35.4.

Possession of the site shall confer on the Contractor a right only to such use and control as shall

be necessary to enable him to execute the work under the Contract in accordance with the

Contract; but Glenelg Shire Council may at any time after reasonable notice take possession of

any portion of the site for the purpose of carrying out any other work or for any purpose

whatsoever. The Contractor shall permit the execution of work by contractors, artists,

tradesmen and other persons engaged by Glenelg Shire Council or the Superintendent whose

names have been previously notified to the Contractor by the Superintendent and shall fully

co-operate with the contractors, artists, tradesmen and other persons so engaged by Glenelg

Shire Council or the Superintendent and with Glenelg Shire Council and shall carefully

co-ordinate his own work with that being carried out or to be carried out by such contractors,

artists, tradesmen and other persons or by Glenelg Shire Council.

27.2 Extra Land Required by Contractor

The Contractor shall procure for himself and at his own cost the occupation or use of or

relevant rights over any land in addition to the site which he may deem requisite or necessary

for the execution of the work under the Contract or for the purposes of the Contract and shall,





as a condition precedent to the issue of the Final Certificate, if so required by the

Superintendent, provide a properly executed release from all claims or demands (whether for

damages or otherwise howsoever) from the owner or occupier of and from other persons

having an interest in such land.

27.3 Access to Work

The Contractor shall at all reasonable times give to Glenelg Shire Council and to the

Superintendent and to any other persons authorised in writing by Glenelg Shire Council or by

the Superintendent access to the work under the Contract and shall provide every reasonable

facility necessary for the supervision, examination and testing of any work or materials for the

Contract at any place where any such work is being or is to be carried out or materials are

being prepared.

27.4 Delivery of Materials to or Work on Site before Possession

Until possession of the site is given in accordance with Sub-clause 27.1, no materials shall be

delivered to or work performed on the site by or on behalf of the Contractor unless approval is

given by the Superintendent.

27.5 Use of Site by Contractor

The Contractor shall not without the prior written approval of Glenelg Shire Council or unless the

Contract so provides, use the site or permit or suffer the site to be used for camping or any

residential purpose.

27.6 Finding of Minerals, Fossils and Relics

Valuable minerals, fossils, articles or objects of antiquity or of anthropological or archaeological

interest, treasure trove, coins and articles of value found on the site during the execution of the

work under the Contract shall as between the parties be and remain the property of Glenelg

Shire Council, and the Contractor, immediately upon the discovery thereof, shall take

precautions to prevent the loss or removal of or damage to any such article or thing and notify

the Superintendent of its discovery. The extra costs, if any, incurred by the Contractor in taking

such precautions which the Superintendent determines were reasonable shall be borne by

Glenelg Shire Council.

28. SETTING OUT OF THE WORKS

28.1 Information to be Supplied to Contractor

The Superintendent shall supply the information necessary to enable the Contractor to set out

the Works and shall provide the Contractor with such survey marks as are specified in the

Contract, or if not so specified, as the Superintendent determines to be necessary for setting

out the Works.

28.2 Contractor to Set Out the Works

Subject to the last preceding sub-clause, the Contractor shall at his own expense set out the

Works correctly in accordance with the Contract and shall provide all instruments and

materials necessary for that purpose.

28.3 Care of Survey Marks

The Contractor shall preserve and maintain in their true positions all survey marks referred to in

Sub-clause 28.1.

Should any survey mark be disturbed or obliterated, the Contractor shall immediately notify the

Superintendent and shall, unless the Superintendent otherwise determines, rectify such





disturbance or obliteration to the satisfaction of the Superintendent. Unless the disturbance or

obliteration has been caused by Glenelg Shire Council, its employees or agents, the cost of

rectification shall be borne by the Contractor.

28.4 Errors in Setting Out

If at any time during the progress of the work under the Contract, any error is discovered in the

position, level, dimensions or alignment of any part thereof, the Contractor shall immediately on

his discovery of the error notify the Superintendent and shall, unless the Superintendent

otherwise directs, rectify the error. Unless the error has been caused by incorrect data issued

by the Superintendent, the cost of rectification shall be borne by the Contractor.

The Superintendent may check the setting out of the work under the Contract by the

Contractor but the fact that the Superintendent may have carried out such checks shall not

relieve the Contractor of any responsibility for the correct setting out of the work.

28.5 Survey Mark

The term "survey mark" used in this clause means a survey peg, bench mark, reference mark,

signal, alignment, level mark or any other mark used or intended to be used for the purpose of

setting out, checking or measuring the work under the Contract.

29. MATERIALS LABOUR AND CONSTRUCTIONAL PLANT

29.1 Provision of Materials, Labour and Constructional Plant

The Contractor shall, unless the Contract otherwise provides, supply at his own cost and

expense everything necessary for the proper completion of the work under the Contract and

the proper performance of his obligations under the Contract.

29.2 Constructional Plant

All Constructional Plant shall comply with the requirements in relation thereto of the relevant

laws in operation in the State or Territory in which the work under the Contract is being carried

out.

29.3 Contractor not to Remove Materials or Designated Constructional Plant

No Constructional Plant that is from time to time designated in writing by the Superintendent

and no materials shall be removed from the site without the prior written approval of the

Superintendent, which approval shall not be unreasonably withheld where they are no longer

immediately required for the proper completion of the work under the Contract.

29.4 Manufacture and Supply of Materials

The Contractor shall give the Superintendent upon request full particulars of the mode and

place of manufacture and source of supply and the performance capacities and such other

information as the Superintendent considers necessary in respect of any of the material,

machinery or other equipment to be used in connection with the Contract. The Contractor

shall before he arranges manufacture off site of any works or fabricated material to be used in

connection with the Contract give the Superintendent reasonable written notice of his

intention to do so.

30. MATERIALS AND WORK

30.1 Quality of Materials and Work

Materials used in the work under the Contract and standards of workmanship shall be in

conformity with the provisions of the Contract. In the absence of any such provision in the

Contract in respect of any material or standard of workmanship that material or standard of

See also

clause

S7

See also

clause

S8





workmanship, as the case may be, shall be of a kind which is suitable for its purpose and is

consistent with the nature and character of the Works.

Unless otherwise specified in the Contract, any materials to be incorporated in the Works shall

be new and, where applicable, materials and workmanship shall be in accordance with the

relevant standard of the Standards Association of Australia.

30.2 Protection of Materials

The Contractor shall at his own cost provide adequate storage and protection for all materials

so as to preserve their quality and fitness for the Works.

30.3 Materials or Work not Complying with the Contract

The Superintendent may, at any time before the issue of the Final Certificate pursuant to

Sub-clause S17.7, reject any material or work which is not in accordance with the Contract and

may direct its replacement, correction or removal whether it has been the subject of a

payment or not and such rejection or direction shall be made or given as soon as practicable

after the discovery by the Superintendent of its non-compliance with the Contract. If the

Superintendent directs the Contractor to replace or correct any material or work, the

Contractor shall commence the work of replacement or correction within seven days after the

receipt by him of the direction and shall complete the work promptly and to the satisfaction of

the Superintendent. If the Superintendent directs the Contractor to remove from the site any

material which is not in accordance with the Contract, the Contractor shall do so promptly. All

such replacements, corrections and removals shall be at the Contractor's cost.

If the Contractor fails to comply with the preceding paragraph of this sub-clause Glenelg Shire

Council may have the work of replacement, correction or removal carried out by other persons

and the cost incurred by Glenelg Shire Council in having the work so carried out shall be a debt

due from the Contractor to Glenelg Shire Council which may be deducted or recovered by

Glenelg Shire Council pursuant to Clause 46.

31. EXAMINATION AND TESTING OF MATERIALS AND WORK

Reserved

32. WORKING HOURS

Subject to the provisions of the third paragraph of this clause, no work outside the customary

working hours or on other than ordinary working days, or outside such other working hours or

working days as are provided in the Contract, will be allowed without the prior approval of the

Superintendent.

All costs attributable to the supervision by or on behalf of Glenelg Shire Council of work

approved pursuant to the last preceding paragraph shall be borne by Glenelg Shire Council.

If in the interests of safety of the Works or to protect life or property the Contractor finds it

necessary to carry out, without the prior approval of the Superintendent, work outside

customary working hours or on other than ordinary working days or outside such other working

hours or working days as are provided in the contract, he shall inform the Superintendent in

writing of the circumstances as early as possible.

For the purposes of this clause:

"customary working hours" means ordinary hours of work fixed by or under any statute,

ordinance or subordinate legislation or by any relevant award, determination, judgment

or order of any competent court, board, commission or other industrial tribunal or by any

relevant industrial agreement that is in force in the State or Territory in which the Works

are being carried out or, where hours of work are not so fixed, means the hours of work

normally observed in the relevant trade or industry in that State or Territory;

"ordinary working days" means ordinary days of work fixed by or under any statute,

ordinance or subordinate legislation or by any relevant award, determination, judgment

See also

clause

S8





or order of any competent court, board, commission or other industrial tribunal or by any

relevant industrial agreement that is in force in the State or Territory in which the Works

are being carried out or, where days of work are not so fixed, means the days of work

normally observed in the relevant trade or industry in that State or Territory but does not

include a day that is a public holiday in that State or Territory.

33. PROGRAMMING OF THE WORKS

33.1 Construction Programme

If the Contract neither includes nor requires the Contractor to supply a construction

programme showing the dates by which or the times within which the various stages or parts of

the work under the Contract are to be executed or completed, the Superintendent may direct

the Contractor to supply to him such a construction programme. The Contractor shall, within

the time stated in the direction, supply to the Superintendent such a construction programme

and the Contractor shall, subject to Clause 34, adhere to that construction programme unless

a deviation therefrom is directed by the Superintendent pursuant to Sub-clause 33.2.

Where the Contract neither includes nor requires the Contractor to supply a construction

programme and the Superintendent has not directed the Contractor to supply to him such a

construction programme the Contractor may, within a reasonable time after the date of

acceptance of tender, supply a construction programme showing the dates by which or the

times within which the various stages or parts of the work under the Contract are to be

executed or completed. If such a construction programme is supplied by the Contractor he

shall, subject to Clause 34, adhere to that construction programme unless a deviation

therefrom is directed by the Superintendent pursuant to Sub-clause 33.2.

33.2 Deviation from Construction Programme

The Superintendent may from time to time direct a deviation from a construction programme

included in the Contract or supplied by the Contractor pursuant to a requirement of the

Contract or a direction of the Superintendent under Sub-clause 33.1 and, in any such event,

the Superintendent may direct the Contractor to supply to him a further construction

programme. The Contractor shall, within the time stated in any such direction, supply such a

further construction programme.

Any such further construction programme shall have effect and be subject to the same

conditions as if it were a construction programme included in the Contract or supplied by the

Contractor pursuant to a requirement of the Contract or a direction of the Superintendent

under Sub-clause 33.1.

The supply of a construction programme or of a further construction programme under this

clause shall not relieve the Contractor of any of his obligations under the Contract.

33.3 Order of Work

If a construction programme has not been provided pursuant to any preceding provision of this

clause the Superintendent shall have full power to direct in what order and at what time the

various stages or parts of the work under the Contract shall be performed.

33.4 Extra Costs

The Contractor shall not be entitled to any extra cost resulting from:

(a) a deviation from a construction programme directed by the Superintendent pursuant to

Sub-clause 33.2; or

(b) a direction given by the Superintendent pursuant to Sub-clause 33.3;

unless the need for the deviation or the direction was due to an act, default or omission of

Glenelg Shire Council or the Superintendent.





34. PROGRESS AND SUSPENSION OF THE WORKS

34.1 Rate of Progress

The Contractor shall proceed with the work under the Contract at a rate of progress and in a

manner satisfactory to the Superintendent.

34.2 Suspension by Superintendent

Where the suspension of the whole or any part of the work under the Contract becomes

necessary:

(a) because of an act, default or omission of:

(i) Glenelg Shire Council or an employee or professional consultant or agent of Glenelg

Shire Council; or

(ii) the Contractor or an employee or agent of the Contractor; or

(iii) a subcontractor or an employee or agent of that subcontractor; or

(b) for the protection or safety of:

(i) the employees or agents of the Contractor or of a subcontractor or the employees,

professional consultants or agents of Glenelg Shire Council or any other person

concerned in the performance of the whole or any part of the work under the

Contract; or

(ii) the executed work or any part of the executed work; or

(iii) the public or any property;

the Superintendent may (but shall not be obliged to) order the Contractor to suspend the

progress of the whole or any part of the work under the Contract specified in the order for such

time or times as the Superintendent may think fit.

34.3 Suspension by Contractor

Should the Contractor wish to suspend the progress of the whole or any part of the work under

the Contract he shall in writing notify the Superintendent and explain the reasons for the

suspension. The Superintendent shall thereupon, if he thinks it necessary or reasonable so to do,

grant permission for a suspension of the whole or any part of the work under the Contract for

such time or times as he may think fit.

34.4 Recommencement of Work

The Superintendent shall, when the reason for any suspension no longer exists, direct the

Contractor to recommence work on the whole or on the relevant part of the work under the

Contract and the Contractor shall comply with the direction promptly.

34.5 Cost of Suspension

The extra cost, if any, of completing the Works incurred by the Contractor by reason of any

suspension under Sub-clause 34.2 or Sub-clause 34.3 shall be borne and paid for by the

Contractor PROVIDED HOWEVER that if the suspension is due to an act, default or omission of

Glenelg Shire Council or an employee, professional consultant or agent of Glenelg Shire

Council the Contractor shall be entitled to payment of the amount of any extra cost of

completing the Works incurred by him that is attributable to such an act, default or omission.

See also

clause

S9





34.6 Effect of Suspension

The suspension of the progress of the whole or any part of the work under the Contract under

this clause shall not affect the obligation of the Contractor to execute the work under the

Contract to Practical Completion of the Works or a separable part of the Works within the

period or by the date stated in the Annexure hereto with reference to Sub-clause 35.2 or within

any extended time allowed by the Superintendent pursuant to Sub-clause 35.4.

35. TIMES FOR COMMENCEMENT AND COMPLETION

35.1 Time for Commencement of Work on the Site

Subject to Clause 27 and save as otherwise provided in the Contract, the Contractor shall

commence work on the site within fourteen days after Glenelg Shire Council has given to the

Contractor possession of sufficient of the site for the commencement of such work by him, or

within such further time as may be approved by the Superintendent, and thereafter the

Contractor shall execute the work under the Contract in accordance with the Contract.

The Contractor shall before commencing work on the site give the Superintendent notice in

writing of the commencement of not less than seven days or of such lesser period as may be

acceptable to the Superintendent.

35.2 Time for Completion of the Works

The Contractor shall execute the work under the Contract to Practical Completion of the Works

within the period or by the date stated in the Annexure hereto or within any extended time

granted or allowed by the Superintendent pursuant to Sub-clause 35.4.

Where the Contract specifies that a separable part of the Works shall be executed to Practical

Completion within a period or by a date different from the period or date fixed by the Contract

for Practical Completion of the Works the Contractor shall execute that separable part of the

Works to Practical Completion within the period or by the date so specified or within any

extended time granted or allowed by the Superintendent in relation thereto pursuant to

Sub-clause 35.4.

Upon the Date of Practical Completion of the Works or a separable part of the Works the

Contractor shall deliver up the Works or that separable part of the Works to Glenelg Shire

Council.

35.3 Use of Partly Completed Works

Glenelg Shire Council shall have the right to use or occupy any part of the Works that the

Superintendent certifies to be useable notwithstanding that part of the Works or some other

part of the Works has not been completed. The use or occupation in a proper and normal

manner of any part of the Works by Glenelg Shire Council under this sub-clause shall not limit or

affect the Contractor's rights and obligations under the Contract.

35.4 Extension of Time for Completion

Where the Contractor is delayed in the execution of the Works by any cause arising out of any

breach of the provisions of the Contract or out of any other act or omission on the part of

Glenelg Shire Council, the Superintendent or the employees, professional consultants or agents

of Glenelg Shire Council or by any other cause (except a cause arising out of any breach of

the provisions of the Contract or any other act or omission on his own part or on the part of his

employees, agents or sub-contractors or their employees or agents) which he considers to be

such as to justify an extension of the time fixed by the Contract for Practical Completion of the

Works, the Contractor shall, if he desires to claim an extension of time for Practical Completion

of Works, give to the Superintendent not later than twenty eight days after the cause of delay





arose notice in writing of his claim for an extension of time for Practical Completion of the

Works, together with a statement of the facts on which he bases his claim.

If the Superintendent determines that the cause of the delay is such as to justify an extension of

time for Practical Completion of the Works the Superintendent shall grant the Contractor such

extension of time for Practical Completion of the Works as the Superintendent thinks fit and

shall, as soon as practicable after he has granted that extension of time, notify the Contractor

thereof.

If the Superintendent determines that the cause of the delay is not such as to justify an

extension of time for Practical Completion of the Works, the Superintendent shall as soon as

practicable thereafter notify the Contractor of that determination.

Notwithstanding that the Contractor has not given notice of a claim for an extension of time for

Practical Completion of the Works pursuant to this sub-clause, the Superintendent may, at any

time and from time to time and for any reason he thinks sufficient, by notice addressed to the

Contractor extend the time for Practical Completion of the Works by nominating a date

specified in the notice as the date for Practical Completion of the Works and the date so

specified in the notice shall, for the purpose of the Contract, be deemed to be the date for

Practical Completion of the Works.

Where the Contract specifies that a separable part of the Works shall be executed to Practical

Completion within a period or by a date different from the period or date provided for

Practical Completion of the Works the provisions of this sub-clause shall apply to and with

respect to the extension of time for Practical Completion of that separable part of the Works;

and for that purpose references in this sub-clause to the Works shall be read as references to

that separable part of the Works.

Any extension or extensions of time granted or allowed by the Superintendent pursuant to this

sub-clause may be granted or allowed at any time before the issue of the Final Certificate.

No claim for extra costs incurred by the Contractor by reason of or as a result of or arising from

the exercise by the Superintendent of the power to grant or allow any extension of time under

this sub-clause shall be entertained by Glenelg Shire Council unless the need for the extension

of time was due to any breach of the provisions of the Contract by or any other act or omission

on the part of Glenelg Shire Council, the Superintendent or the employees, professional

consultants or agents of Glenelg Shire Council.

35.5 Liquidated Damages for Delay in Completion

If the Contractor fails to reach Practical Completion of the Works or of a separable part of the

Works, as the case may be, within the relevant time referred to in Sub-clause 35.2 or within any

extended time granted or allowed pursuant to Sub-clause 35.4, the Contractor shall be liable to

Glenelg Shire Council, by way of pre-estimated and liquidated damages and not as a penalty,

for the amount or amounts stated or referred to in the Annexure hereto for every week and a

proportionate part of that amount or of those amounts for every part of a week that shall

elapse after that time or the extended time until the whole of the Works or the separable part

of the Works, as the case may be, has been executed to Practical Completion or taking over or

cancellation under Sub-clause 44.1 occurs, whichever is the sooner and that amount or those

amounts shall be respectively a debt or debts due from the Contractor to Glenelg Shire Council

which may be deducted or recovered by Glenelg Shire Council pursuant to Clause 46.

Where Glenelg Shire Council has used or occupied any part of the Works pursuant to

Sub-clause 35.3, the amount of pre-estimated and liquidated damages for which the

Contractor is liable to Glenelg Shire Council by virtue of this sub-clause may be reduced to an

amount determined by the Superintendent and notified by him to the Contractor.





36. CLEANING UP BY CONTRACTOR

The Contractor shall keep the work under the Contract clean and tidy as it proceeds, and

regularly remove from the site rubbish and surplus material arising from the execution of the

work under the Contract including any work performed during the Defects Liability Period for

the Works or during any Operational Maintenance Period for the Works specified in the

Contract. Within fourteen days after the Date of Practical Completion of the Works, including

tests on completion, the Contractor shall remove all buildings, workshops, Temporary Works,

Constructional Plant and equipment which he may have constructed or brought on the site for

carrying out the work under the Contract except such as are required by the Contractor for the

purpose of performing work during the Defects Liability Period for the Works or during any

Operational Maintenance Period for the Works specified in the Contract, and which with the

approval of the Superintendent remain on the site. All buildings, workshops, Temporary Works,

Constructional Plant and equipment required by the Contractor for the purpose of performing

work during the Defects Liability Period for the works or during any Operational Maintenance

Period for the Works specified in the Contract shall be removed by the Contractor on

completion of that work and he shall ensure that, within fourteen days after the completion of

that work, the site is left clean and tidy and free of rubbish and surplus material.

If the Contractor fails to comply with any obligation imposed on him by this clause Glenelg

Shire Council may, after giving notice in writing to the Contractor, have the work of cleaning

and tidying up carried out by other persons and the cost incurred by Glenelg Shire Council in

having the work so carried out shall be a debt due from the Contractor to Glenelg Shire

Council which may be deducted or recovered by Glenelg Shire Council pursuant to Clause 46.

37. DEFECTS LIABILITY

37.1 Times of Commencement and Periods

If a Certificate of Practical Completion is issued for the Works and no Certificate of Practical

Completion has been issued for any separable part of the Works, the Defects Liability Period for

the Works shall commence on the Date of Practical Completion of the Works and shall end on

the day on which the Defects Liability Period for the Works set forth in the Annexure hereto

expires.

If a Certificate of Practical Completion is issued for a separable part of the Works, the Defects

Liability Period for that separable part of the Works shall commence on the Date of Practical

Completion of that separable part of the Works and shall end on the day on which the Defects

Liability Period for that separable part of the Works specified in the Annexure hereto expires.

If a Certificate of Practical Completion is issued for the Works and a Certificate of Practical

Completion has been issued for a separable part of the Works, the Defects Liability Period for

the Works shall extend to those parts of the Works other than that separable part of the Works

referred to in the last preceding paragraph.

If, pursuant to Sub-clause 35.3, Glenelg Shire Council has used or occupied a part of the Works,

the Defects Liability Period for that part of the Works shall commence on the day on which

Glenelg Shire Council commenced to use or occupy that part of the Works.

37.2 Contractor's Responsibility

Any minor omissions and minor defects of the kind referred to in the definition of Practical

Completion in Clause 2 which existed at the commencement of a Defects Liability Period shall

be rectified by the Contractor as soon as possible.

Any omissions and defects referred to in the preceding paragraph of this sub-clause that are

not rectified by the Contractor and any other defects which become apparent during a

Defects Liability Period under normal use of the Works or of a separable part of the Works and

which are due to any cause, including design, workmanship or materials for which the





Contractor is responsible shall be rectified by the Contractor when directed to do so by the

Superintendent who, in that direction, shall state the minor omissions or minor defects or in what

respect the Works or the separable part of the Works are otherwise defective and the date by

which rectification shall be completed, but no such direction shall be given by the

Superintendent later than fourteen days after the expiration of that Defects Liability Period.

If any omission or defect is not rectified within the time stipulated in the direction given by the

Superintendent Glenelg Shire Council may rectify the omission or defect at the Contractor's

expense but without prejudice to any other rights that Glenelg Shire Council may have against

the Contractor in respect of that omission or defect and the cost incurred by Glenelg Shire

Council in so rectifying the omission or defect shall be a debt due from the Contractor to

Glenelg Shire Council which may be deducted or recovered by Glenelg Shire Council pursuant

to Clause 46.

Notwithstanding the provisions of this sub-clause, the Contractor shall not be responsible for the

effects of fair wear and tear during a Defects Liability Period.

37.3 Remedial Work by Contractor

If it becomes necessary for the Contractor under Sub-clause 37.2 to execute any remedial work

the provisions of the Contract relating to the Works shall apply to the remedial work as if it were

the Works and the Defects Liability Period for such remedial work shall be the Defects Liability

Period that applies, by virtue of Sub-clause 37.1, to the Works or, as the case may be, to the

separable part of the Works on which the remedial work was executed and shall commence

on the day on which the remedial work is completed, but the Superintendent may approve, in

respect of any remedial work, a shorter Defects Liability Period.

37.4 Tests on Remedial Work

If any remedial work is of such a character as may affect the efficiency of the Works the

Superintendent may, within one month after completion of that remedial work, notify the

Contractor that further tests are to be made in accordance with Clause S8. The costs of such

further tests shall be borne by the Contractor.

37.5 Contractor's Rights of Entry and Test

Until the Final Certificate is issued in accordance with Sub-clause S17.7 the Contractor and

each of his duly authorised representatives whose names have been previously communicated

in writing to the Superintendent shall for the purposes of carrying out any remedial work or

making any tests or inspecting the working records of the Works and taking notes therefrom

and subject to the approval and requirements of the Superintendent have the right of entry in

so far as it may be necessary for all or any of those purposes at his own risk and cost and at all

reasonable times to the Works.

Any action taken by the Contractor for any of the purposes expressed in this sub-clause shall

not disrupt or inconvenience the normal activities of the occupants of the Works.

37.6 Use of the Works by Corporation

Subject to Sub-clauses 37.5 and 44.3 and to any restrictions on the use of the Works that the

Superintendent may determine to be necessary for the execution of remedial work by the

Contractor, Glenelg Shire Council and any person or persons authorised by Glenelg Shire

Council in that behalf shall have the full, free and unrestricted use of the Works without

interference on the part of the Contractor during a Defects Liability Period or during any

Operational Maintenance Period specified in the Contract and such use of the Works by

Glenelg Shire Council and any person or persons so authorised by it shall not relieve the

Contractor from any liability or obligation under the Contract.





38. WARRANTIES

The Contractor shall obtain warranties as specified in the Contract and shall ensure that

Glenelg Shire Council will have the benefit of the warranties. The Contractor shall ensure that

Glenelg Shire Council will have the benefit of any warranties specified in the Contract that are

obtained by the subcontractors of the Contractor.

39. URGENT REPAIRS

If, at any time during the currency of the Contract, the Superintendent determines that any

remedial, protective, repair or other like work is urgently necessary to prevent loss of or damage

to the work under the Contract or to any property or to prevent personal injury to or the death

of any person the Superintendent shall, as soon as practicable thereafter, notify the Contractor

of that determination and the Contractor shall carry out the work immediately on receipt of

that notice and if the Contractor is unable or unwilling at once to do the work Glenelg Shire

Council may, by its own or other workmen, do such work as the Superintendent may determine

to be necessary. If the work so done by Glenelg Shire Council is work which the Superintendent

determines to be work that the Contractor was liable to do at his own expense under the

Contract all costs and charges properly incurred by Glenelg Shire Council in doing the work

shall be a debt due from the Contractor to Glenelg Shire Council which may be deducted or

recovered by Glenelg Shire Council pursuant to Clause 46.

40. VARIATIONS

40.1 Variations to the Work

If, at any time during the progress of the work under the Contract, the Superintendent

determines that the form, quality or quantity of the work under the Contract should be varied,

the Superintendent may order the Contractor to do all or any one or more of the following

things:

(a) increase, decrease or omit any part of the work under the Contract;

(b) change the character or quality of any material or work;

(c) change the levels, lines, positions or dimensions of any part of the work under the Contract;

(d) execute additional work.

No variation shall be made by the Contractor without an order by the Superintendent.

No variation shall invalidate the Contract, but the value of the variation shall be taken into

account in determining the final contract sum. Each variation shall be valued in accordance

with Sub-clause 40.2 and, unless otherwise directed by the Superintendent, such valuation shall

be determined before the work to which the variation relates is commenced.

40.2 Valuation of Variations

A variation shall be valued in accordance with the rates included in the Schedule of Rates or in

a Schedule of Prices if and in so far as the Superintendent determines that those rates are

applicable to the variation. Where the Superintendent determines that the rates included in

the Schedule of Rates or in a Schedule of Prices do not apply to a variation, the rate or price

payable for the variation shall be determined by agreement between the Contractor and the

Superintendent, but if the Contractor and the Superintendent fail to agree on the rate or price

the Superintendent shall determine such rate or price as he considers reasonable or he may

direct that the variation shall be carried out as Daywork.

40.3 Daywork

If the Superintendent directs that any work be carried out as Daywork, the Contractor shall

record each day in a manner to be approved by the Superintendent the particulars of all

See also

clause

S10





resources used by the Contractor for the execution of the Daywork. At intervals of one month

or at such shorter intervals as the Superintendent directs the Contractor shall furnish to the

Superintendent his claim for payment in writing, together with these records and all time sheets,

wages sheets, invoices, receipts and other vouchers that are necessary to support his claim.

The Superintendent shall determine the amount to be paid to the Contractor in respect of

each claim and in making his determination shall have regard to the following:

(a) the amount of wages and allowances paid or payable by the Contractor at the rates

obtaining on the site at the time as established by the Contractor to the satisfaction of the

Superintendent or at such other rates as may be approved by the Superintendent;

(b) the amount paid or payable by the Contractor in accordance with any statute or award

applicable to day labour additional to the wages paid or payable under paragraph (a);

(c) the amount of hire charges in respect of Constructional Plant approved by the

Superintendent for use on the work in accordance with such hiring rates and conditions as

may be agreed upon between the Superintendent and the Contractor or, in the absence

of such an agreement, in accordance with such rates and conditions as may be

determined by the Superintendent;

(d) the amounts paid for services, subcontracts and professional fees;

(e) the actual cost to the Contractor at the site of all materials supplied and required for the

work;

(f) a charge agreed upon between the Superintendent and the Contractor to cover

overheads, administrative costs, site supervision, establishment costs, attendance and

profit, or, in the absence of such an agreement, a charge determined by the

Superintendent.

The amounts payable for Daywork shall not be subject to adjustment for rise and fall in costs

notwithstanding that the Contract may provide for adjustment for rise and fall in costs.

41. RESPONSIBILITY FOR AND NOTICE OF MEASUREMENT

The measurement of work as required for the purposes of the Contract shall be the responsibility

of the Superintendent. The Superintendent shall give reasonable notice to the Contractor of his

intention to measure work and the Contractor shall, if so directed by the Superintendent, be

represented at and assist in the taking of measurements. If the Contractor is not represented at

the time appointed by such notice for the taking of measurements the Superintendent may

proceed in his absence and the measurements taken by the Superintendent shall be binding

on the Contractor.

A record of the measurements shall be kept by the Superintendent and shall, on request by the

Contractor, be made available to him.

42. CERTIFICATES AND PAYMENTS

Reserved

43. PAYMENT OF WORKMEN'S WAGES AND ALLOWANCES

Reserved

44. DEFAULT OR BANKRUPTCY OF CONTRACTOR

See also

clause

S11 &

S17

See also

clause

S18





44.1 Procedure on Default of Contractor

If the Contractor defaults in the performance or observance of any covenant, condition or

stipulation in the Contract or refuses or neglects to comply with any direction as defined in

Clause 23 but being one which either Glenelg Shire Council or the Superintendent is

empowered to give, make, issue or serve under the Contract and which is issued or given to or

served or made upon the Contractor by Glenelg Shire Council in writing or by the

Superintendent in accordance with Clause 23, Glenelg Shire Council may suspend payment

under the Contract and may call upon the Contractor, by notice in writing, to show cause

within a period specified in the notice why the powers hereinafter contained in this clause

should not be exercised.

The notice in writing shall state that it is a notice under the provisions of this clause and shall

specify the default, refusal or neglect on the part of the Contractor upon which it is based.

If the Contractor fails within the period specified in the notice in writing to show cause to the

satisfaction of Glenelg Shire Council why the powers hereinafter contained should not be

exercised Glenelg Shire Council, without prejudice to any other rights that it may have under

the Contract against the Contractor, may:

(a) take over the whole or any part of the work remaining to be completed and for that

purpose and in so far as it may be necessary exclude from the site the Contractor and any

other person concerned in the performance of the work under the Contract; or

(b) cancel the Contract, and in that case exercise any of the powers of exclusion conferred

by sub-paragraph (a) of this paragraph.

If the Contractor notifies the Superintendent in writing that he is unable or unwilling to complete

the Works, or to remedy the default, refusal or neglect stated in the notice in writing referred to

in the first paragraph of this sub-clause, Glenelg Shire Council may act in accordance with the

provisions of sub-paragraph (a) or sub-paragraph (b) of the last preceding paragraph, as it

thinks fit.

44.2 Duration of Suspension of Payment

If Glenelg Shire Council suspends payment under Sub-clause 44.1 the suspension of payment

may be continued until the default, refusal or neglect stated in the said notice has been

remedied or the direction has been complied with.

44.3 Engagement of Others

If Glenelg Shire Council elects to exercise the power conferred on it by sub-paragraph (a) of

the third paragraph of Sub-clause 44.1 it may complete the whole or any part of the work

remaining to be completed and for that purpose may let a contract or contracts for the work

remaining to be completed or, as the case may be, for any part of that work or may employ

any person or persons other than the Contractor to carry out that work or, as the case may be,

the part of that work.

Glenelg Shire Council may take possession of and permit other persons to use any materials,

Constructional Plant and other things on or about the site which are owned by the Contractor

and as are requisite and necessary for the purposes of any such contract or any such

employment.

The Contractor shall have no right to any compensation or allowance for any action taken by

Glenelg Shire Council pursuant to this sub-clause other than a right to require Glenelg Shire

Council to maintain in good working order the Constructional Plant referred to in the preceding

paragraph.





On completion of the work all Constructional Plant and the surplus of the materials and other

things so taken possession of will be handed over to the Contractor, but without payment or

allowances for the fair wear and tear they may have sustained in the meantime PROVIDED

HOWEVER that if there is a deficiency as referred to in Sub-clause 44.4 and if the Contractor fails

to make good that deficiency, Glenelg Shire Council may retain in its possession the said

Constructional Plant, materials and other things until the deficiency is made good pursuant to

the provisions of Sub-clause 44.4.

44.4 Adjustment of Costs on Completion of the Works

On completion of the work in accordance with the Contract the Superintendent will ascertain

the cost of the Works to Glenelg Shire Council, comprising payments to the Contractor and all

losses, costs, charges and expenses incurred by Glenelg Shire Council in carrying out the whole

or any part of the Works completed by it pursuant to Sub-clause 44.3 and any sum or sums

payable or due to Glenelg Shire Council as liquidated damages under the Contract and he will

certify such amount to Glenelg Shire Council. A certificate signed by the Superintendent

stating the cost of the Works to Glenelg Shire Council shall be prima facie evidence of the

matters stated in the certificate.

Should the amount so certified be greater than the amount which would have been paid to

the Contractor if the whole of the Works had been completed by him, the difference between

the two amounts shall be a debt due from the Contractor to Glenelg Shire Council which may

be deducted or recovered by Glenelg Shire Council pursuant to Clause 46.

44.5 Preservation of Rights of Corporation

No action taken by Glenelg Shire Council under Sub-clause 44.2 or Sub-clause 44.3 shall

invalidate the Contract or prejudice any of the rights, powers and remedies of Glenelg Shire

Council, whether under the provisions of the Contract or otherwise.

44.6 Cancellation of Contract

If the Contract is cancelled under Sub-clause 44.1 or under any other provision of the Contract

it shall be deemed cancelled as from the date when notice of cancellation in writing under the

hand of Glenelg Shire Council is served upon the Contractor, or upon any Official Receiver,

Trustee in Bankruptcy, Liquidator, Official or Provisional Liquidator, Official Manager, or Receiver

or Receiver and Manager of the Contractor or of the business of the Contractor.

On such cancellation of the Contract all or any sums of money which may be in the hands of

Glenelg Shire Council in respect of the Contract and are not then payable to the Contractor

under or pursuant to any provision of the Contract, and the whole or part of any security,

including cash lodged or retained for the due and proper performance of the Contract and all

or any sums of money named in the Contract as liquidated damages which have accrued due

to Glenelg Shire Council may be declared by Glenelg Shire Council to be forfeited and all sums

and the whole or part of any security that are so declared to be forfeited shall be forfeited and

shall be retained by or become payable to or vested in Glenelg Shire Council.

On such cancellation of the Contract all moneys which have been previously paid together

with all moneys then payable under or pursuant to any provision of the Contract to the

Contractor shall be deemed to be in full satisfaction of all claims of the Contractor of any kind

or description whatsoever under or in respect of the Contract.

44.7 Bankruptcy of Contractor

If the Contractor:

(a) being a person, commits an act of bankruptcy or presents against himself or has presented

against him a petition in bankruptcy or a sequestration order is made against him or he





enters into any Scheme of Arrangement or any composition with his creditors or executes

as a debtor a deed of arrangement or a deed of assignment; or

(b) being a company, takes or has taken or instituted against it any action or proceeding

whether voluntary or compulsory which has as an object or may result in the winding up of

the company, other than a voluntary winding up by members for the purpose of

reconstruction or amalgamation, or is placed under official management or enters into a

compromise or other arrangement with its creditors or a Receiver or Receiver and

Manager is appointed to carry on its business for the benefit of its creditors or any of them;

Glenelg Shire Council may exercise the power conferred on it by sub-paragraph (a) or (b) of

Sub-clause 44.1 as it may elect.

45. SETTLEMENT OF DISPUTES

Notwithstanding the succeeding provisions of this clause, the Contractor shall if the work under

the Contract has not been completed, at all times (subject as otherwise provided for in the

Contract) proceed without delay to continue to execute the work under the Contract and

perform his obligations under the Contract and in so doing shall comply with all directions as

defined in Clause 23 issued or given to or served or made upon the Contractor under or

pursuant to the provisions of the Contract either by Glenelg Shire Council in writing or by the

Superintendent in accordance with Clause 23.

All disputes or differences arising out of the Contract or concerning the performance or the

non-performance by either party of its obligations under the Contract whether raised before or

after the execution of the work under the Contract shall be decided as follows:

(a) the Contractor shall, not later than fourteen days after the dispute or difference arises,

submit the matter at issue in writing, specifying with detailed particulars the matter at issue,

to the Superintendent for decision and the Superintendent shall, as soon as practicable

thereafter, give his decision to the Contractor;

(b) if the Contractor is dissatisfied with the decision given by the Superintendent, he may, not

later than fourteen days after the decision of the Superintendent is given to him, submit the

matter at issue in writing, specifying with detailed particulars the matter at issue, to Glenelg

Shire Council for decision and Glenelg Shire Council shall, as soon as practicable

thereafter, give its decision to the Contractor in writing.

If the Contractor is dissatisfied with the decision given by Glenelg Shire Council pursuant to the

last preceding paragraph, he may, not later than twenty-eight days after the decision of

Glenelg Shire Council is given to him, give notice in writing to Glenelg Shire Council requiring

that the matter at issue be referred to arbitration and specifying with detailed particulars the

matter at issue, and thereupon the matter at issue shall be determined by arbitration. If,

however, the Contractor does not, within the said period of twenty-eight days, give such a

notice to Glenelg Shire Council requiring that the matter at issue be referred to arbitration, the

decision given by Glenelg Shire Council pursuant to the last preceding paragraph shall not be

subject to arbitration.

Where a notice is given by the Contractor to Glenelg Shire Council pursuant to the last

preceding paragraph requiring that the matter at issue be referred to arbitration no

proceedings in respect of that matter at issue shall be instituted by either Glenelg Shire Council

or the Contractor in any court unless and until the arbitrator has made his award in respect of

that matter at issue.

Arbitration shall be effected:

(a) by an arbitrator agreed upon in writing by the parties within twenty-eight days after the said

notice is received by Glenelg Shire Council; or





(b) in the absence of that agreement, by one of at least three persons, none of whom shall be

an employee of Glenelg Shire Council or of the Contractor or have had any association

with the work under the Contract, whose names are submitted in writing by Glenelg Shire

Council for selection by the Contractor within a further period of twenty-eight days after

expiry of that last mentioned period, being the person whose selection as arbitrator is

notified in writing by the Contractor to Glenelg Shire Council within twenty-eight days after

the names are so submitted; or

(c) in the absence of that selection, by an arbitrator appointed in accordance with the

provisions of the laws relating to arbitration in force in the State or Territory named in the

Annexure hereto.

A reference to arbitration under this clause shall be deemed to be a reference to arbitration

within the meaning of the laws relating to arbitration in force in the State or Territory named in

the Annexure hereto and the arbitration proceedings shall be conducted in that State or

Territory. The arbitrator shall have all the powers conferred by those laws and it shall be

competent for him to enter upon the reference without any further or more formal submission

than is contained in this clause.

Moneys that are or become due and payable by Glenelg Shire Council in respect of work

carried out under the Contract shall not be withheld because of arbitration proceedings but

Glenelg Shire Council may, at its discretion, and pending the award of the arbitrator withhold

payment of moneys in respect of any matter that is the subject of arbitration proceedings.

46. RIGHT OF CORPORATION TO RECOVER MONEYS

Without limiting Glenelg Shire Council's rights under any other provision in the Contract, any

debt due from the Contractor to Glenelg Shire Council under or by virtue of any provision of

the Contract may be deducted by Glenelg Shire Council from any moneys which may be or

thereafter become payable to the Contractor by Glenelg Shire Council, including any

retention moneys then held by Glenelg Shire Council, and, if such moneys are insufficient for

this purpose, then from the Contractor's security under the Contract. Nothing in this clause shall

affect the right of Glenelg Shire Council to recover from the Contractor the whole of the debt

or any balance that remains owing after deduction.

47. WAIVER OF CONDITIONS

Except as provided elsewhere in the Contract, none of the General Conditions or Special

Conditions (if any) of the Contract shall be varied, waived discharged or released either at law

or in equity except with the prior consent in writing of Glenelg Shire Council in each instance.

48. NOTIFICATION OF CLAIMS

Glenelg Shire Council shall not be liable upon any claim by the Contractor in respect of any

matter arising out of the Contract unless the claim together with full particulars thereof, is

lodged in writing with Glenelg Shire Council not later than twenty-eight days after the date of

the occurrence of the events or circumstances on which the claim is based or written notice of

intention to make the claim specifying the nature of the claim is lodged with Glenelg Shire

Council within that time and the claim, together with full particulars thereof, is lodged in writing

with Glenelg Shire Council before the issue of the Final Certificate.





PART 2: SUPPLEMENTARY GENERAL CONDITIONS OF CONTRACT RC

CONTENTS

Clause No. Clause Title

S1 Application

S2 Interpretation

S3 Lump Sum Contract

S4 Approval to Subcontract

S5 Latent Conditions

S6 Superintendent

S7 Constructional Plant

S8 Materials and Work

S9 Progress and Suspension of the Works

S10 Valuation for Variations, Difference in Quantities and Dayworks

S11 Interest on Overdue Payments

S12 Payment for Materials not incorporated in Works

S13 Payment to Subcontractors

S14 Reserved

S15 Reserved

S16 Reserved

S17 Payment Claims and Payment Schedules

S18 Security of Payment

S19 Adjudication under the Security of Payment Act





S1 APPLICATION

These Supplementary General Conditions of Contract RC shall be read as supplementary to

the General Conditions of Contract NPWC-RC and any reference to the General Conditions of

Contract shall include these provisions.

The provisions herein contained shall take precedence over any corresponding provisions to

the contrary contained in the General Conditions of Contract NPWC-RC.

References herein to the Annexure and to particular clauses other than Clauses S1 to S13 are

references to the Annexure and to clauses of the General Conditions of Contract NPWC-RC.

S2 INTERPRETATION

In the Contract the following words and expressions shall have the meanings hereby assigned

to them, except where the context otherwise requires:

"business day" means any day other than a Saturday, Sunday or a day wholly or partly as

a public holiday observed throughout Victoria;

"day" means calendar day;

"Defects Liability Period" means that period of time, stated in the Annexure, commencing

on the Date of Practical Completion of the Works or any separable part of the Works

during which it is the Contractor's responsibility to make good at his own cost any

omissions and defects which exist at the Date of Practical Completion or which become

apparent during that period;

"Nominated Subcontractor" means any person who, pursuant to the terms of the

Contract, is nominated by Glenelg Shire Council or the Superintendent on its behalf to be

engaged as a subcontractor by the Contractor;

"operational maintenance period" means that period during which the Contractor is

required to maintain the Works or to carry out such other work or function as is specified in

the Specification;

"order" means any instruction, direction or requirement pursuant to the Contract issued to

the Contractor in writing by Glenelg Shire Council, the Superintendent or a

Superintendent's Representative or orally by the Superintendent or a Superintendent's

Representative and subsequently confirmed in writing;

"provisional quantity" means a quantity of work nominated by Glenelg Shire Council in the

Schedule of Prices (for a Lump Sum contract) or the Schedule of Rates (for a Schedule of

Rates contract) for an item of work to be provided by the Contractor, the nature but not

the quantity of which is specified in the Contract when entered into and which is

specified in the Contract to be a provisional quantity item. The amounts obtained by

extending provisional quantities at the rates set out in the Schedule of Prices for a Lump

Sum Contract or the Schedule of Rates for a Schedule of Rates Contract form part of the

Contract Sum but provisional quantity items shall be paid for in accordance with

Sub-clause 11.2;

"provisional sum" means a sum of money nominated by Glenelg Shire Council to be

included in the Schedule of Prices or the Schedule of Rates for an item of work to be

carried out by the Contractor which is not specified in detail in the Contract when

entered into and which is specified in the Contract to be a provisional sum item. A

provisional sum item includes any item, whether described as a prime cost sum item or

otherwise, to be supplied to or incorporated into the Works which is not fully specified in

the Contract when entered into. Provisional sums form part of the Contract Sum but

Provisional Sums shall be adjusted in accordance with Sub-clause 11.1;





"Schedule of Prices" means the schedule included in a Lump Sum Contract showing prices

for items of work to be done and materials to be supplied including any prime cost sums,

provisional sums and provisional quantities, and may also include quantities and rates;

"Schedule of Quantities and Prices" means the schedule submitted in respect of Lump

Sum contracts only by the Contractor showing the Contractor's estimated quantities of

work to be done and materials to be supplied together with prices for items of work to be

done and materials to be supplied;

"separable part of the Works" means, further to the meaning contained in Clause 2, a part

of the Works which has been declared a separable part during the currency of the

Contract by the Superintendent with the written agreement of the Contractor and so

notified to the Contractor by the Superintendent in writing, such declaration including the

date for Practical Completion of that separable part;

"subcontractor" means any person engaged by the Contractor to execute a portion of

the work under the Contract (but does not include an employee of the Contractor) and

for the purpose of Clauses 9 and S4 includes any person who provides services, materials,

plant, equipment or advice in respect thereof;

"Glenelg Shire Council" means the Municipality entering into this contract and includes its

successors and assigns;

"the Superintendent" means the person appointed to the position named in the Annexure

or in his absence such other person acting in that position or such other person for the

time being or from time to time during the currency of the Contract appointed by

Glenelg Shire Council and notified in writing to the Contractor to act as Superintendent

for the purpose of the Contract. When no such position has been nominated in the

Annexure nor such other person appointed by Glenelg Shire Council and notified to the

Contractor, the word "Superintendent" shall mean the relevant Director of Glenelg Shire

Council;

"variation" means any alteration to or substitution for any part of the Works or work

required for the execution of the Works as defined in the Drawings and Specification at

the date of acceptance of tender which is ordered by the Superintendent at any time

and from time to time up until the issue of the Final Certificate.

"week" means seven consecutive days;

"works instruction" means any instruction issued by the Superintendent or a

Superintendent's Representative in writing, or orally and later confirmed in writing, relating

to the execution of the work under the Contract. A works instruction shall not of itself

constitute a variation.

S3 LUMP SUM CONTRACT

In a Lump Sum Contract the Schedule of Prices forms part of the Contract only for the

application of Clauses 3, 11, 40 and S3 and may also, at the discretion of the Superintendent,

be used as a basis for calculating other payments to be made under the Contract.

The contract sum shall be deemed to include the cost of all works, services and incidentals

associated with or necessary for the proper execution of the Works whether or not such works,

services and incidentals are specifically referred to in the Contract. The cost of such works,

services and incidentals shall be included as appropriate in the rates shown for the relevant

particular items or in the rates shown for associated items or in the rates and prices shown in

the Schedule of Prices generally.





Any errors in extension or addition or both discovered by the Authority or the Contractor in the

Schedule of Prices shall be corrected at the time of execution of the Contract, or subsequently

if not at that time discovered, in a manner agreed to between the Contractor and the

Superintendent or, in the event of failure to agree, in the manner determined by the

Superintendent so that in any event the total of all items in the Schedule of Prices continues to

equal the contract sum.

Provisional quantities shall be adjusted and paid for in accordance with Clause 11.

S4 APPROVAL TO SUBCONTRACT

Notwithstanding the provisions of Clause 9.2 of the General Conditions of Contract, the

Contractor is not required to obtain the Superintendent’s approval of any proposed

subcontractor. The Contractor shall not engage as a subcontractor any business entity that

has been excluded from tendering for Victorian Government contracts. Glenelg Shire Council

reserves the right to exclude as a subcontractor any business entity that, in its reasonable

opinion, has been guilty of misconduct, or has been incompetent or negligent on VicRoads’

works.

To obtain approval to subcontract any part of the work under the Contract, the Contractor

shall submit to the Superintendent a “Request to Subcontract Work/Service” pro forma (refer

Appendix A to these Conditions), supplying details of the work to be subcontracted, proposed

subcontractor(s) and conditions of subcontracting, no less than ten working days prior to the

commencement of such work under the Contract.

“Subcontractor” includes suppliers and consultants.

The Contractor shall ensure that all subcontracts, from time to time for work under the

Contract with the same subcontractor with a value of $20,000 or more in aggregate, or such

other value as the Superintendent may determine and notify in writing from time to time, shall

contain the following provisions mutatis mutandis (i.e. with only such amendments as are

necessary to apply to the Contractor and subcontractor relationship) and such other terms as

the Superintendent considers reasonable or necessary:

(a) the provisions of the Contract, insofar as they are applicable to the work comprised in the

subcontract. The subcontract payment provisions shall be to the form or effect of the

Contract payment provisions, and where the Contract is subject to price adjustment for

rise and fall, identical rise and fall provisions shall be included in the subcontract

documentation;

(b) a provision for the Contractor to promptly rescind the subcontract if the Superintendent is

not satisfied with the manner in which the subcontracted work is being or may be carried

out and requires such subcontract to be rescinded by the Contractor;

(c) a provision under which the subcontractor shall afford right of access for the

Superintendent, or any person authorised by the Superintendent, at all reasonable times

to the site and other places where work for the Contract is being carried out by the

subcontractor;

(d) a provision under which the subcontractor’s management system plans shall be required

to meet all requirements of this Contract for the subcontracted work;

(e) an obligation on a party who is late in paying money under the subcontract to pay

interest on the overdue money at the rate that is imposed for overdue payments under

this Contract;

(f) dispute resolution provisions similar to those set out in this Contract;

(g) an acknowledgement that a party is not required to comply with the dispute resolution

procedures if the only remedy sought is an order for payment of money which is not

disputed to be due and payable under the contract;





(h) an obligation to provide the subcontractor (before the subcontractor prices the work)

with copies of all provisions of this Contract which relate to the security of payment, time

for payment and other matters set out above.

If the Contractor or any subcontractor fails to expressly include the above provisions in any

subcontract or subcontracts with a value of $20,000 or more in aggregate (or such other sum

as the Superintendent from time to time directs in writing) these provisions shall be deemed to

be included in the subcontract for the benefit of the Contractor’s subcontractors and, to the

extent legally possible, for the benefit of all other subcontractors. Non-compliance with this

Clause S4 is a substantial breach for the purpose of Clause 44.2 of these General Conditions of

Contract.

Approval to subcontract the work shall not be deemed to be approval of the subcontractor.

The Contractor shall prepare an audit schedule for each subcontractor, which shall be

submitted to the Superintendent for review prior to the commencement of work by each

subcontractor. The Contractor shall conduct regular surveillance and audits of all on-site

subcontractors.

S5 LATENT CONDITIONS

Glenelg Shire Council does not unless otherwise provided in the Contract warrant the

completeness of the information or the correctness of the designations of rock or other

materials, or the interpretations, deductions or conclusions which are given in the Specification

or Drawings or in any reports, maps, drawings, diagrams or other information available to the

Contractor from Glenelg Shire Council or otherwise.

Should the Contractor encounter during the progress of the work under the Contract physical

conditions at the site, other than climatic conditions or conditions arising from climatic

conditions, which he considers:

(a) materially differ from those shown on the Drawings or indicated in the Specification and

which, if known at the time of tendering, would have substantially affected the Contract

Sum; and

(b) materially differ from the conditions generally recognised as likely to be encountered in

the performance of work of the character provided for in the Drawings and Specification

and to be executed in the area of the site; and

(c) could not reasonably be anticipated by the Contractor after he has carefully and fully

informed himself pursuant to Clause 12; and

(d) could not be overcome by the Contractor in the ordinary course of work by the

application of good engineering practice and proper construction procedure,

the Contractor shall before these conditions are disturbed give to the Superintendent

immediate written notice detailing the conditions encountered.

The Superintendent will then promptly investigate the conditions to satisfy himself whether or

not they do so materially differ and could not reasonably be so anticipated and could not be

so overcome and give to the Contractor written notification of his determination.

If the Superintendent determines that latent conditions exist he may request the Contractor to

supply within a stipulated time a statement in writing detailing:

(a) the additional work and additional construction plant equipment and labour which he

considers necessary to do and use to overcome such latent conditions;

(b) his estimate of the time required to remove, rectify or remedy such latent conditions; and

(c) his estimate with quantities and rates of the cost of remedying or overcoming such latent

conditions.





In respect of these proposals the Superintendent will notify the Contractor in writing within a

reasonable time of his approval or rejection of the proposals or his approval subject to any

modifications specified by him and will also inform the Contractor of the method of

measurement and payment for the work.

Any variations to the Contract made under the provisions of this clause shall be deemed to

have been accepted by the Contractor unconditionally in full satisfaction of any claim, loss or

damage suffered by the Contractor in respect of such variations unless the Contractor advises

the Superintendent in writing, within fourteen days from the date of the Superintendent's

notification, of his non-acceptance of the variations and his reasons for such non-acceptance

in which case the matter shall be settled as provided in Clause 45.

S6 SUPERINTENDENT

Further to the provisions of Clause 23:

(a) in respect of proposals or requests or other matters submitted by the Contractor to the

Superintendent for approval, the granting of any such approval by the Superintendent will

not relieve the Contractor of his responsibilities for satisfactory execution or performance

of the work to which such approval relates;

(b) in respect of all matters which pursuant to the Contract are left to the determination of

the Superintendent, including the granting or withholding of Certificates, the

Superintendent if required so to do by either party to the Contract will give in writing to

both parties to the Contract his determination;

(c) the Contractor accepts that the Superintendent, when performing his functions under the

Contract may be required by internal delegations or policies to obtain the consent of the

Minister, Chief Executive or other officer or employee of Glenelg Shire Council or to give

effect to particular policies or internal directions.

S7 CONSTRUCTIONAL PLANT

S7.1 Rejection of Constructional Plant

The Superintendent may reject any Constructional Plant that he may consider unsuitable for

the purpose for which the Contractor proposes to use it, even though it may comply with the

requirements of Sub-clause 29.2, and any Constructional Plant so rejected shall not be used for

the purpose proposed, and shall, if the Superintendent so directs, be removed from the site.

S7.2 Hire, Hire Purchase or Lease of Constructional Plant

The Contractor shall upon request by the Superintendent, notify the Superintendent in writing

within seven days of the name and address of the owner of any Constructional Plant used on

the work under the Contract and held by the Contractor under an agreement for hire,

hire-purchase or lease. In order to retain such Constructional Plant on hire, hire-purchase or

lease Glenelg Shire Council may, with the written agreement of the Contractor, pay to the

owner the amount of any overdue instalment or other sums payable under the hire,

hire-purchase or lease agreement. In the event of so doing Glenelg Shire Council may recoup

such amount or amounts pursuant to Clause 46.

S8 QUALITY SYSTEM AND INSPECTION OF MATERIALS AND WORK

S8.1 S8.1.1 For the purpose of this Clause 8 the following words shall have the following meaning

unless the context otherwise requires:

"Accredited laboratory" or "accredited method" means -

(i) for all inspections (other than for material which is supplied from outside Australia)

a laboratory or method (as the case requires) accredited by the National





Association of Testing Authorities (NATA) for those inspections or inspection

methods;

(ii) for all inspections for all material which is supplied from outside Australia, a

laboratory or method accredited by NATA for those inspections or inspection

methods or by another laboratory or method accredited by a recognised

accreditation body approved in the contract or, if the contract does not provide

such approval, then by a recognised accreditation body approved by the

Superintendent.

"Hold point" has the meaning provided in the specification provided that the meaning

may, with the written approval of the Superintendent, be modified in any Quality Plan

prepared and approved for the purposes of this contract.

"Inspection" means and incorporates measuring, testing or otherwise examining goods

and services or works or materials (including, where appropriate, raw materials,

components and intermediate assemblies) for determining conformity with the

specified requirements.

"Measuring" includes checking for line, level, dimensional accuracy and quantity.

"Permanent Work" means the work executed or to be executed in accordance with

the Contract which is to be handed over to Glenelg Shire Council.

"Quality Plan" means the Quality Plan required in the Specification and approved by

the Superintendent pursuant to Sub-clause S8.1.2.

"Test" includes taking of samples and specimens and preparation of materials and work

for testing.

S8.1.2 Quality System

The Contractor shall plan, develop, maintain and submit to the Superintendent for his

approval a documented Quality Plan in accordance with the Specification. This plan

shall, if approved by the Superintendent be the Quality Plan adopted for the Works

and shall be adhered to by the Contractor.

S8.2 Materials and Work Subject to Inspection and Tests

S8.2.1 The Contractor shall:

(a) carry out to the Superintendent's satisfaction (and in his presence if he so wishes)

any inspections which he is required under the Contract to perform and such other

inspections as the Superintendent may at any time direct the Contractor to

perform;

(b) provide to the Superintendent upon demand any test or measurement or other

inspection certificates or results together with such additional information which the

Superintendent may require to satisfy the Superintendent that the Contractor is

complying with his obligations under the Contract;

(c) grant free access to the Superintendent to enter the Contractor's places of work to

inspect any work at any stage, giving such assistance as the Superintendent may

reasonably require for those purposes including access to all relevant drawings or

documents;

(d) provide as required, free of charge, for the Superintendent samples from the

materials used in the Work, made to standard test piece dimensions, which shall

thereupon become the property of Glenelg Shire Council, which shall be





forwarded at the Contractor's cost and expense to the places of inspection

selected by the Superintendent or as provided otherwise in the Contract;

(e) perform the work in compliance with the Contract and the Quality Plan;

(f) carry out inspections in accordance with any applicable Corporation codes of

practice or test methods or, where no codes of practice or test methods are

applicable, in accordance with applicable Australian Standard test methods as

current at the date of acceptance of tender;

(g) ensure that inspections required by the Contract to be carried out in an accredited

laboratory or by any accredited laboratory or accredited method are in fact

carried out in that manner and are certified by the laboratory or tester as having

been so carried out.

S8.2.2 The Contractor shall ensure that the terms of any subcontract contain provisions in the

same terms as Sub-clause S8.2.1 substituting the word "subcontractor" (or such other

term as is used therein to describe that party) for the term "Contractor" where herein

appearing.

S8.3 Inspection of Work before Covering Up and Notice of Work Ready for Inspection

S8.3.1 Where a hold point is specified for any inspection or is created by a non-conformance

(either with the contract or any Quality Plan) the Contractor shall give at least 24 hours

notice to the Superintendent prior to inspection and release of the hold point.

S8.3.2 The Contractor shall not cover up or put out of view any parts of the Work until the

works comply with all of the requirements of the contract, or, in the event of a hold

point, until the Superintendent has given the Contractor his written approval to

proceed.

S8.4 Cost of Testing

S8.4.1 Unless otherwise provided in the Contract, the Contractor shall at the Contractor's own

cost carry out all inspections of materials and work under the contract in accordance

with the requirements of the contract and the Quality Plan. Where the Contractor is

required by the Contract to carry out inspection of any part or component of the work

he shall, at his own cost and expense supply all necessary labour, material, apparatus,

facilities and power and carry out such inspection completely.

S8.4.2 Any inspection shall, if reasonably required by the Superintendent, be repeated within

a reasonable time. If the repeat inspection substantially confirms the original

inspection result, all costs of and incidental to the repeat inspection shall be borne by

the party requiring it. Otherwise such costs shall be borne by parties bearing the costs

of the original inspection.

S8.4.3 If during an inspection any part of the component of the Work fails to fulfil the

requirements of the Contract, inspections on the remedial work on that part or

component and inspection on all other parts or components of the work related to the

remedial Work shall be carried out again in accordance with the requirements of the

contract and the costs of and incidental to such additional inspections shall be borne

by the Contractor.

S8.4.4 The Superintendent may direct the Contractor to carry out an inspection or inspections

in substitution for an inspection which the contract requires the Contractor to carry out,

in which event the Superintendent may, if he believes that the substitute inspection is a

variation, value the extra cost of the substitute inspection, above what would have

been incurred for the original inspection, as a variation in accordance with

Clause 40.2.





S8.5 Opening up for Inspection or Testing

S8.5.1 The Superintendent may from time to time and at any time before the issue of the Final

Certificate direct the Contractor to open up or pull down for inspection any part of the

work.

S8.5.2 The Contractor shall comply promptly with such a direction and, when the

Superintendent has completed his inspection the Contractor shall reconstruct and

make good to the satisfaction of the Superintendent the part of the work so opened

up or pulled down.

S8.5.3 If the part of the work referred to in Sub-clause S8.5.1 has been covered up or put out

of view without the approval of the Superintendent or if it is found to be not in

accordance with the contract, the whole of the cost of providing access, opening up,

pulling down, inspection, reconstruction and making good and any other

consequential costs shall be borne by the Contractor.

S8.5.4 If the part of the work referred to in Sub-clause S8.5.1 has been covered up or put out

of view with the approval of the Superintendent and it is found to be in accordance

with the contract, the whole of the cost of providing access, opening up, pulling down,

inspection, reconstruction and making good shall be borne by Glenelg Shire Council.

S8.6 Retention of Improper Materials or Work and Hold Points

S8.6.1 Any materials supplied or work executed which is not in accordance with the Contract

or the Quality Plan shall be replaced or rectified by the Contractor.

S8.6.2 If the Contractor supplies any material or executes any work which is not in

accordance with the Contract or the Quality Plan and if the Superintendent expressly

elects not to require the Contractor to replace, correct or remove any part of such

material or work, the Superintendent may issue an order to make such addition to or

deduction from the Contract Sum as the Superintendent considers fit to compensate

Glenelg Shire Council for the consequences generally which may result to Glenelg

Shire Council from the incorporation of such material or work into the Work, and also to

allow for any savings which the Superintendent considers that the Contractor may

have effected to itself by supplying any material or executing any work which is not in

accordance with the Contract.

S8.6.3 Where the Contract allows for the substitution of materials or standards of workmanship

which are "equal to" or "the equivalent of" those specified, the question of their equality

or equivalence shall be determined initially by the Contractor who shall then submit

details of any such assessment to the Superintendent for review and approval by the

Superintendent prior to the Contractor adopting the substituted materials or

workmanship. Where the Superintendent approves such substitute materials or

workmanship but believes they are not equal or equivalent to those specified he may

exercise the powers conferred on him by Clause S8.6.2 as if the Contractor had

supplied material or executed work which is not in accordance with the contract.

Nothing contained in this clause relieves the Contractor of his liability for defective

materials or workmanship in relation to the substitute material or work.

S8.7 Breach of this Special Condition

S8.7.1 A breach of any part, or sub-clause of this Clause S8 by the Contractor or any

subcontractor is an act, default or omission of the Contractor or an employee or agent

of the Contractor for the purpose of Clause 34.2 and is also a default by the Contractor

in the performance of observance of any covenant, condition or stipulation for the

purpose of Clause 44.





S8.7.2 Notwithstanding the provisions of Clause S8.7.1 or any other clause or sub-clause of this

agreement, if the Contractor fails to carry out or complete inspections as required by

the Contract, or within a reasonable time in response to the Superintendent's direction

to do so in accordance with this Clause S8, Glenelg Shire Council may carry out any

inspection (including an inspection of completed works which is required to be carried

out by the Contractor and which is a precondition to the issue of a Certificate of

Practical Completion under the Contract whether for the whole of the works or of a

separable part of the works) and may take samples and specimens and prepare

materials and work for testing or give the Contractor 7 days notice in writing of its

intention to use the Works.

Any costs expended by Glenelg Shire Council in carrying out the inspection shall be a

debt due from the Contractor to Glenelg Shire Council which may be deducted or

recovered by Glenelg Shire Council pursuant to Clause 46. Further, at the expiration of

7 days notice referred to in this sub-clause, Glenelg Shire Council may use the Works

and, provided it uses the Works for the purpose for which they were constructed, the

Works shall remain at the Contractor's risk until the expiration of the Defects Liability

Period or any Operational Maintenance Period, whichever is the longer. Such use by

Glenelg Shire Council shall not relieve the Contractor of any obligation pursuant to this

Contract.

S9 PROGRESS AND SUSPENSION OF THE WORKS

S9.1 Progress of the Works

Further to the provisions of Sub-clause 34.1, the Contractor shall proceed with the work under

the Contract at a rate of progress and in a manner which is in accordance with the

construction programme where applicable. The capacity of the Contractor's Constructional

Plant, his sequence of activities and method of operation and the other resources applied by

him shall at all times during the continuance of the Contract be such as to ensure the

completion of the Works or any separable part of the Works in accordance with the dates for

completion specified in or fixed under the Contract.

If the Contractor fails to maintain progress in accordance with Sub-clause 34.1 or this

sub-clause the Contractor shall take such action as may be directed by the Superintendent to

ensure the completion of the Works or any separable part of the Works in accordance with

the construction programme.

If the Contractor fails to act in accordance with a direction given under this sub-clause such

failure will be deemed a default pursuant to Clause 44.

Any acceptance, direction or approval given by the Superintendent under this sub-clause

shall not relieve the Contractor of his obligations under the Contract.

Should the Contractor become aware of any circumstances which are likely to affect the

date of completion of the Works or any separable part of the Works he shall immediately notify

the Superintendent of such circumstances and provide an estimate of the extent of any

resulting delay and his proposed remedial action.

S9.2 Suspension of the Works

A Superintendent's Representative may by issue of a works instruction suspend the whole or

any part of the work under the Contract if, in his judgment, the emergence of any of the

circumstances set out in Sub-clause 34.2 renders such suspension urgent and necessary. Upon

receipt of such works instruction, the Contractor shall suspend work as directed but may

recommence work if the suspension is not confirmed in writing by the Superintendent within

seven days.





S10. VALUATION FOR VARIATIONS, DIFFERENCES IN QUANTITIES AND DAYWORKS

S10.1 Valuation of Variations

This clause, when applicable, shall take precedence over Sub-clauses 3.3 and 40.2 in the

event of inconsistency or conflict.

If payment is to be made on a Schedule of Rates basis for any section or item of work and the

Contractor has performed that section or item of work and the actual work performed is more

or less than the quantity for that section or item of work provided in the Schedule of Rates and

the Contractor alleges or the Superintendent determines that the rate provided in the

Schedule of Rates for that section or item of work should not be applied as the basis for

payment but that some other basis of payment should apply then provided that:

(a) the section or item of work is not stated in the Schedule of Rates to be a provisional

quantity; and

(b) any extra quantity which is the result of a variation or variations ordered by the

Superintendent is excluded for the purposes of applying this clause;

the following principles shall be applied in determining what rate is applied in relation to the

section or item of work in question.

Where the "net total" for the quantity of work actually required to be carried out by the

Contractor in the normal course of work in relation to that section or item of work is within 20%

(or such other percentage as may be stipulated in the specification) above or below the

quantity originally provided in the contract at the date of acceptance of tender - then the

rate stated in the Schedule of Rates shall be applied.

Where the net total for the quantity of work actually required to be carried out by the

Contractor in the normal course of work in relation to that section or item of work exceeds 20%

(or such other percentage as may be stipulated in the specification) above or below the

quantity originally provided in the contract at the date of acceptance of tender - then that

part of the quantity of work carried out by the Contractor which is outside the percentage

limit (and only that part) shall not necessarily be subject to the rates provided in the Schedule

of Rates but shall be valued as a variation with the rate payable for the part outside (and only

the part outside) to be agreed between the Contractor and the Superintendent but if they fail

to agree a rate then the Superintendent shall determine such rate as he considers reasonable.

Nothing contained in this clause precludes the Superintendent from deciding that the original

rates are reasonable if he believes that to be the case.

For the purposes of this clause the "net total" for the quantity of work is the total of all work

carried out in relation to that section or item of work calculated at the Date of Practical

Completion of the Works.

S10.2 Daywork

Further to the provisions of Sub-clause 40.3, to substantiate claims for payment for work

performed as Daywork the Contractor shall, during the currency of such work, render

submissions daily in duplicate to the Superintendent or Superintendent's Representative

showing details of the Daywork performed during the previous day. Such submissions shall

include:

(a) the identity of, classification and number of workmen together with the hours worked by

each workman;

(b) the hours of operation of each item of plant and identifying each item of plant;

(c) the quantities of each category of materials incorporated into the Works.





On receipt of the Contractor's submission the Superintendent or the Superintendent's

Representative will check the details and, if satisfied with their accuracy, certify them as prima

facie correct. If the Superintendent or Superintendent's Representative disagrees with any

details in the submission he will make any necessary adjustments after consultation with the

Contractor. If agreement cannot be reached the Superintendent can decide how, if at all,

the submission will be corrected.

A copy of the certified submission will be returned to the Contractor.

S11 INTEREST ON OVERDUE PAYMENTS

S11.1 Rates of Interest

If any moneys due to either party remain unpaid after the date upon which or the expiration

of the period within which they should have been paid, interest shall be payable thereon, up

to and including the date payment is made, at the rate set out in the Annexure, or if no rate is

set out, at 8% per annum calculated on a simple interest basis.

S11.2 Dates from which Interest is Payable

Interest on overdue payments shall be paid after the expiration of the following periods:

(a) For progress payments made pursuant to Sub-clauses S17.1 or S17.3, twenty-five (25)

business days after the Superintendent receives the Contractor's statement or ten (10)

business days after the Superintendent issues a progress certificate, whichever date is the

later;

(b) For final payments pursuant to Sub-clauses S17.6 or S17.7, except for any disputed portion

of a claim, twenty (20) business days after the issue of a final certificate;

(c) For disputed portions of a claim subsequently determined by the Superintendent or

Corporation or ascertained by negotiation or arbitration, 90 days after lodgement by the

Contractor of the full and final particulars of the claim.

Interest on moneys owing as overdue payments, delay costs, breach of contract terms or

otherwise shall be computed on a simple interest basis and not as compounding interest.

S11.3 The provisions of Sub-clauses S11.1 and S11.2 and any other clauses of the Contract dealing with interest on moneys owing constitute a code which covers the field in respect of

compensation for wrongfully caused loss of the use of money and compound interest rates

shall not be used. Any common law principle as to damages which would provide for

compensation for wrongfully caused loss of the use of money shall not be applied in this

contract.

S12 PAYMENT FOR MATERIALS NOT INCORPORATED IN WORKS S12.1 Materials

In this clause, "materials" means plant and/or materials or any part thereof which have not

been incorporated into the Works.

S12.2 Security

Glenelg Shire Council will not make payment for any materials unless the Contractor first

provides additional security in respect of the materials to the same amount as set out in the

Annexure for the Works, by way of an unconditional bank undertaking in a form as required by

Clause 5 of the General Conditions of Contract. This security will be returned once the

materials are incorporated into the Works.





If the Contractor breaches any requirement of this clause then Glenelg Shire Council may

convert into money the security that does not consist of money. Glenelg Shire Council shall

not be liable for any loss occasioned by such a conversion. The money may then be used to

reimburse Glenelg Shire Council for any loss, expense or damage which it may have suffered

as a result of the breach of any of the requirements of this clause by the Contractor including

any consequential losses.

Interest will not be payable by Glenelg Shire Council on any cash security or on the cash

proceeds of any security converted into money.

S12.3 Contractor to Meet Certain Requirements Prior to Payment

If the Contract specifies payment should be made for materials to be incorporated into the

Works but not yet incorporated, or if in the Superintendent's opinion payment for such

materials should be made, the Contractor shall satisfy the Superintendent of the following prior

to payment under the Contract in respect of such materials:

(a) that unencumbered ownership of the materials will pass to Glenelg Shire Council upon

Glenelg Shire Council making payment in respect of the materials; and

(b) that the materials are suitably identified and labelled as the property of Glenelg Shire

Council and are properly stored and will continue to be properly stored at no cost to

Glenelg Shire Council until incorporation into the Works;

(c) that the materials will not be removed from their place of storage without prior permission

from the Superintendent;

(d) that the Contractor has at its expense insured the materials for full replacement value in

the names of both Glenelg Shire Council and the Contractor under a policy suitable to the

Superintendent against any loss or damage of whatsoever type until incorporated into the

Works. The policy, or such other evidence of insurance as the Superintendent may from

time to time require, must be lodged with the Superintendent before payment is made.

Such policy shall be in addition to and not derogate from the insurances to be provided

pursuant to Clauses 17 and 19 of the General Conditions of Contract. Such policy shall

include a cross-liability clause of the type referred to in the second paragraph of

Clause 19;

(e) a declaration by the Contractor in a form approved by Glenelg Shire Council that the

materials are the sole and unencumbered property of the Contractor at the time when

the unencumbered ownership of the materials is to pass to Glenelg Shire Council;

(f) documentary evidence that the materials conform in all respects with the specification;

(g) that if the materials are not stored on the Contractor's premises, or on site, a written

undertaking in a form approved by Glenelg Shire Council from the person in possession of

the materials confirming that the materials are unencumbered and being stored at no cost

to Glenelg Shire Council, and giving Glenelg Shire Council access to the materials and the

site; and

(h) that the materials will be delivered by the Contractor to the place required for their

incorporation into the Works at no cost to Glenelg Shire Council and will be replaced if

damaged.

S12.4 Value of Payment for Materials

The value of the payments shall be determined by agreement between the Contractor and

the Superintendent, but if the Contractor and the Superintendent fail to agree on the value of

the materials, the Superintendent may determine such rate or price as he considers

reasonable having regard to the Schedule of Quantities and Prices if and in so far as the

Superintendent determines that the rates apply to the materials.





The payments made for materials not yet incorporated into the works shall be credited against

the amount owing to the Contractor in respect of the Contract Sum and any progress

payments due will be adjusted to reflect moneys already paid for such materials.

S12.5 Payment Not Acceptance of Quality or Quantity

Payment in relation to the materials shall not be taken as evidence against or as an admission

by Glenelg Shire Council that the materials are of the nature and quantity required by the

Contract or are in accordance with the Contract.

S12.6 Application of Materials to Remain the Responsibility of Contractor

Notwithstanding payment made and the passing of property in the materials:

(a) the materials shall be entrusted to the Contractor for the purpose of carrying out the work

and the Contractor shall be solely liable for their care; and

(b) the application of the materials in accordance with the Contract shall remain the

responsibility of the Contractor and the Contractor shall do everything necessary for the

proper carrying out of its remaining obligations under the Contract in respect of the

materials at no cost to Glenelg Shire Council.

S12.7 Materials in Excess of Contractual Requirement

The property in any material in excess of the quantity required for the Works shall revert to the

Contractor if the Superintendent, at any time up to the time of issuing a Final Certificate, also

issues to the Contractor a written notice that Glenelg Shire Council does not require the excess

material for any other purpose and that the property in the material is to revert to the

Contractor. S13 PAYMENT OF SUBCONTRACTORS

Before making a payment to the Contractor the Superintendent may request the Contractor

to give it a statutory declaration by the Contractor that all subcontractors have been paid all

moneys payable to them in respect of work under the Contract. If within 7 days after the

request the Contractor fails to provide the statutory declaration, Glenelg Shire Council may

withhold payment of such sum as represents the amount which, in the Superintendent's

opinion, should have been paid to the subcontractor, from any other money then or

thereafter payable to the Contractor pursuant to this Contract and that sum may be withheld

by Glenelg Shire Council until it receives a statutory declaration from the Contractor in

accordance with this clause. S14 RESERVED S15 RESERVED S16 RESERVED S17 PAYMENT CLAIMS AND PAYMENT SCHEDULES

S17.1.1 Payment Claims

Unless otherwise provided in the Contract, the Contractor shall submit to the

Superintendent a payment claim stating that it is made under the Security of

Payment Act, in a form satisfactory to the Superintendent, every month, at a date to

be agreed at the first site meeting, (the reference date for the purpose of the

Security of Payment Act), showing the contract value of the work carried out in

performance of the Contract and incorporated in the Works together with the

requisite statutory declarations. If the date for a payment claim falls due on a day

which is not a business day, the Contractor shall submit the payment claim on the

next business day following that date.





The payment claim must comply with the Contract and the Security of Payment Act

and must be marked as a claim under that Act, and must not include Excluded

Claims.

”Excluded Claims” for the purpose of making a progress payment includes -

(a) claims for materials not incorporated into the Works (unless the Contract

otherwise provides), and

(b) claims which are made pursuant to other clauses of the Contract, including,

without limitation latent conditions, ambiguities in Contract documentation,

adjustments for rise and fall in costs, provisional sums and/or quantities of work,

testing, variations, time related claims (including delay costs, acceleration

and/or prolongation costs), practical completion payment claim and final

payment claim unless these claims have been both agreed to and valued by

the Superintendent and/or Glenelg Shire Council.

S17.1.2 Payment Schedule

Within ten (10) business days after the receipt by the Superintendent of a payment

claim complying with S17.1.1, or, if the Contractor fails to submit any payment claim,

at such time as the Superintendent thinks fit, the Superintendent may determine the

value of the work for which a progress claims under S17.1.1 could have been made

and issue a payment schedule stating the amount of the payment (the scheduled

amount) which, in the Superintendent’s opinion, is to be made by Glenelg Shire

Council to the Contractor or by the Contractor to Glenelg Shire Council.. The

payment schedule will, where it is issued in response to a claim under S17.1.1, comply

with the Security of Payment Act.

In the payment schedule the Superintendent shall also set out such of the following

allowances or deductions as are appropriate to such Payment Schedule:

(a) the value of the work carried out by the Contractor to the date of the Payment

Claim;

(b) amounts otherwise due from the

(i) Corporation to the Contractor; and

(ii) Contractor to Glenelg Shire Council;

(c) amounts assessed under Clause 45(a) and/or (b) and not duly disputed;

(d) amounts previously paid under the Contract;

(e) amounts (if any) previously deducted for retention money under the Contract;

(f) retention moneys to be deducted under the Contract, arising out of the

Contract resulting in the balance due to the Contractor or Glenelg Shire Council

as the case may be; and

(g) any amount paid to the Contractor as security or sum assessed pursuant to the

Security of Payment Act or any other amount that Glenelg Shire Council may be

entitled to deduct from the moneys due under that payment schedule.

The scheduled amount (if any) set out in a payment schedule is, for the purposes of

the Security of Payment Act, the amount of the progress payment calculated in

accordance with the Contract which the Contractor is entitled to be paid under the

Contract.

Failure by the Superintendent to set out in any payment schedule (including under

Clause S17.3 and S17.6) an amount which Glenelg Shire Council is entitled to retain,

deduct, withhold or set-off (whether under this Contract or otherwise) from the

amount which would otherwise be payable to the Contractor by Glenelg Shire





Council will not prejudice Glenelg Shire Council’s right to subsequently exercise that

right to retain, deduct, withhold or set-off any amount.

S17.1.3 Payment of Payment Schedule under the Security of Payment Act

Glenelg Shire Council will pay the moneys due under a payment schedule within

twenty (20) business days after the receipt of a payment claim.

The payment of moneys under a payment schedule, or as adjudicated under the

Security of Payment Act, shall not be taken as evidence against, or as an admission

by, Glenelg Shire Council that any work or item of work included in a payment

schedule has been constructed or executed in accordance with the Contract, but

shall be taken as payment on account only.

S17.2 Certificates of Practical Completion

When the Superintendent is satisfied that Practical Completion of the Works or of a separable

part of the Works has been reached he shall issue to the Contractor a Certificate of Practical

Completion for the Works or for that separable part of the Works which shall state the date of

practical completion of the Works or of that separable part of the Works, which date shall, for

the purposes of the Contract, be known as the Date of Practical Completion of the Works or

of that separable part of the Works.

S17.3 Practical Completion Payment Claim and Payment

Within fifty-six (56) days of the issue of the Certificate of Practical Completion, or where there is

more than one, the last to be issued, the Contractor shall provide the Superintendent with a

Practical Completion Payment Claim and endorse it “Practical Completion Payment Claim”.

In addition to claims for payment required to be included in a payment claim under Clause

S17.1.1, the Contractor shall include in the Practical Completion Payment Claim all claims for

moneys that the Contractor considers to be due from Glenelg Shire Council arising out of any

alleged breach of the Contract. Subject to the following paragraph, all claims which could

have been made under Clause S17.1 or this Clause S17.3 or any other clause of the Contract,

which have not already been barred, shall be barred after the expiration of the period for

lodging a Practical Completion Payment Claim.

During the Defects Liability Period the Contractor may make further claims for payment but

(other than the Practical Completion Payment Claim) solely in respect of work required to be

performed during the Defects Liability Period.

Within forty (40) business days of receipt of the Contractor’s Practical Completion Payment

Claim or, where the Contractor fails to provide such claim, the expiration of the period

specified in this Clause S17.3 for the lodgement of the Practical Completion Payment Claim

by the Contractor, the Superintendent will provide to the Contractor a payment schedule

which complies with the Security of Payment Act and is endorsed “Practical Completion

Payment Schedule”.

In issuing the payment schedule the Superintendent shall certify the amount which, in the

Superintendent’s opinion is finally due from Glenelg Shire Council to the Contractor or from

the Contractor to Glenelg Shire Council arising out of the Contract or any alleged breach

thereof.

In such Practical Completion Payment Schedule the Superintendent shall also set out such of

the following allowances or deductions as set out in S17.1.2 hereof as are appropriate to such

Practical Completion Payment Schedule together with amounts assessed in respect of minor

defects or minor omissions of the kind referred to in the definition of Practical Completion in

Clause 2.





Where Glenelg Shire Council deducts moneys in respect of minor defects and omissions as at

Practical Completion, as and when an omission or defect is rectified by the Contractor, the

Superintendent will issue a payment schedule in respect of the omission or defect.

The Practical Completion Payment Schedule shall itself be evidence that all the Contractor’s

claims under the Contract or otherwise in respect of all work under the Contract at or before

Practical Completion have been made by the Contractor and that there are no other claims

outstanding as at the date of the claim.

S17.4 Correction of Certificates

The Superintendent may, by any certificate or payment schedule, correct any error which has

been discovered in any previous certificate or payment schedule, or may modify any

previous certificate or payment schedule, other than a Certificate of Practical Completion or

the Final Certificate, which has been issued by him.

S17.5 Effect of Certificates

The issue of a payment schedule or a Practical Completion Payment Schedule issued

pursuant to this clause shall not constitute approval of any work or other matter in respect of

which it is issued nor shall it be taken as an admission of the due performance of the Contract

or any part thereof or of the accuracy of any claim or demand made by the Contractor or of

additional or varied work having been ordered by the Superintendent, nor shall any such

certificate negate or prejudice any of the rights, powers and remedies of Glenelg Shire

Council or the Superintendent.

The issue of the Final Certificate issued pursuant to Sub-clause S17.7 shall constitute

prima facie evidence that all work under the Contract has been finally and satisfactorily

executed by the Contractor except in so far as it is proved in any proceedings in a court of

competent jurisdiction or in an arbitration under the provisions of Clause 45 or any other

dispute resolution procedure that the said Final Certificate is, in any particular, erroneous by

reason of:

(a) fraud, dishonesty or deliberate concealment, on the part of the Contractor or any of his

subcontractors or of any of the employees or agents of the Contractor or of any of his

subcontractors, relating to the Works or any part thereof or to any matter dealt with in the

said Final Certificate; or

(b) any defect, including any omission, in the Works or any part thereof; or

(c) any accidental or erroneous inclusion or exclusion of any work, materials, goods or figure

in any computation, or any arithmetical error in any computation.

S17.6 Final Payment Claim and Schedule, Return of Security

Within 20 business days of the expiry of the Defects Liability Period, or where there is more than

one, the last to expire, the Contractor shall provide the Superintendent with a final payment

claim and endorse it “Final Payment Claim”. The Contractor shall include in the Final Payment

Claim all claims (other than those time barred, including those time barred after the expiration

of the period for lodging a Practical Completion Payment Claim) for moneys which the

Contractor considers to be due from Glenelg Shire Council pursuant to or arising out of any

alleged breach of the Contract or from or related to the performance of the Works. All claims

which could have been made and which have not already been barred, shall be barred

after the expiration of the period for lodging a Final Payment Claim.

Within 20 business days of receipt of the Contractor's Final Payment Claim or, where the

Contractor fails to provide such claim, the expiration of the period specified in this Clause

S17.6 for the lodgement of the Final Payment Claim by the Contractor, the Superintendent

shall deliver to the Contractor and to Glenelg Shire Council the final payment schedule

endorsed “Final Payment Schedule”. In providing the payment schedule the Superintendent

shall certify the amount which, in the Superintendent's opinion, is finally due from Glenelg Shire

Council to the Contractor or from the Contractor to Glenelg Shire Council arising out of the





Contract or any alleged breach thereof. In such Final Payment Certificate the Superintendent

shall also set out such of the allowances or deductions in Clause S17.1.2 as are appropriate to

such Final Payment Schedule.

When issuing any Final Payment Schedule pursuant to the Contract the Superintendent may

assess that a sum of money may be deducted by Glenelg Shire Council from any amounts

then held by Glenelg Shire Council, including any retention moneys or other security then held

by Glenelg Shire Council to compensate Glenelg Shire Council for any work which the

Contractor has not, under the Contract, finally and satisfactorily executed or for any

obligation which the Contractor has not fulfilled, but any such deduction by the

Superintendent shall not prevent Glenelg Shire Council from claiming any other sums in

relation to work which has not been finally and satisfactorily executed or obligations which

have not been fulfilled.

The Final Payment Schedule shall itself be conclusive evidence that all the Contractor’s claims

under the Contract or otherwise in respect of all Work executed under the Contract to that

time have been made by the Contractor and that there are no other claims outstanding as

at the date of the claim, whether under the Contract or otherwise.

If the Final Payment Schedule shows money owing:

(a) from Glenelg Shire Council to the Contractor, Glenelg Shire Council will within twenty (20)

business days after the date of delivery of the Final Payment Schedule;

(i) pay the Contractor the scheduled amount assessed; and

(ii) subject to any other right Glenelg Shire Council may have in respect of any security,

release all security then held for the Contract; or

(b) from the Contractor to Glenelg Shire Council;

(i) the Contractor shall pay to Glenelg Shire Council, within twenty (20) business days of

the delivery of the Payment Schedule, the amount certified by the Superintendent as

payable by the Contractor; and

(ii) subject to any other right Glenelg Shire Council may have in respect of any security,

Glenelg Shire Council has no obligation to release security held for the Contract until

the Contractor has paid the money due.

S17.7 Final Certificate

Prior to issuing a Final Certificate the Superintendent may require the Contractor to provide

evidence satisfactory to Glenelg Shire Council that all insurances effected by the Contractor,

and his subcontractors for the purposes of Clauses 17 and 21 or any of them (and including

any WorkCover insurance) have at all times been effected and maintained as required by

the Contract.

When all work under the Contract has been finally and satisfactorily executed and the

Contractor has fulfilled all his other obligations under the Contract, or if the Superintendent

believes in all of the circumstances of the Contract that it is desirable to do so, the

Superintendent shall issue to the Contractor a Final Certificate.

S18 SECURITY OF PAYMENT

S18.1 Contractor to Ensure Payment of Workers and Subcontractors

The Contractor shall ensure that all subcontractors and workers are fully paid, in accordance

with relevant awards, contracts and enterprise agreements, money properly due and

payable to them for work under the Contract.

In this Clause S18 “worker” means any person who does work in connection with the Contract

and is employed by the Contractor or a subcontractor.





S18.2 Statutory Declarations

With each payment claim, and at other times as requested by the Superintendent, the

Contractor shall lodge a statutory declaration as to payment of subcontractors and, where

directed, as to payment of workers. The statutory declarations shall be in the form required by

the Superintendent. The statutory declaration must include the details required, be made by

a person who is in a position to know the facts attested and properly sworn in compliance

with the requirements of the Evidence Act 1958 (Vic) or the equivalent legislation applicable

in the place where the declaration is made.

S18.3 Corporation may Withhold Payment

If a statutory declaration properly completed in accordance with Clause S18.2 indicates that:

(a) money due and payable to a worker, or claimed by a subcontractor, is unpaid, Glenelg

Shire Council may withhold payment to the Contractor of an amount equal to the

unpaid amount;

(b) benefits to which a worker is entitled have not been received by or accrued to that

worker, Glenelg Shire Council may withhold payment to the Contractor of an amount

which reasonably approximates the value of the benefits;

(c) a subcontractor has failed to comply with an obligation to provide a statutory

declaration in equivalent terms to the statutory declaration lodged by the Contractor,

Glenelg Shire Council may withhold payment to the Contractor of an amount equal to

the amount due to that subcontractor by the Contractor.

Payment may be withheld from any money then payable or which may thereafter become

payable until such time as the Contractor supplies a further statutory declaration that all such

moneys or benefits have been paid, or all relevant statutory declarations have been lodged,

as the case may be.

S18.4 Direct Payments

S18.4.1 Corporation May Make Direct Payments

At the Contractor’s written request and out of moneys due and payable to the Contractor,

Glenelg Shire Council may pay money on the Contractor’s behalf to workers and

subcontractors.

S18.4.2 If the Contractor becomes aware that a subcontractor is entitled to suspend work pursuant to the Security of Payment Act, the Contractor shall immediately give written notice of same to

Glenelg Shire Council, and Glenelg Shire Council may (in its absolute discretion) pay to the

subcontractor such amount that is, or may be, due to the subcontractor in respect of that

work.

S18.4.3 If Glenelg Shire Council is given satisfactory evidence of a court judgment or order in respect of moneys payable to a worker or subcontractor in respect of an award, enterprise

agreement or subcontract for work, services, materials, plant and equipment or advice

supplied for the work under the Contract, together with a statutory declaration detailing the

moneys still due under that order or judgment, Glenelg Shire Council may pay the amount so

owing, including any costs awarded, to the workman or subcontractor concerned.

S18.5 Concurrence of External Administrator

If Glenelg Shire Council becomes aware that an external administrator (within the meaning of

Part 5 of Glenelg Shire Councils Act or any provision equivalent thereto) is appointed to the

Contractor, Glenelg Shire Council will not make any payment to a worker or subcontractor

under this Clause S18 without the concurrence of the external administrator.





S19 ADJUDICATION UNDER THE SECURITY OF PAYMENT ACT

S19.1 Nominating Authority for an Adjudication Application

The authorised nominating body for an adjudication application under the Security of

Payment Act shall be the Institute of Arbitrators and Mediators Australia (Victorian Division).

S19.2 Conduct of Adjudication

In adjudicating an application made by the Contractor under the Security of Payment Act

the adjudicator shall:

(a) have no power to open up, review or revise any certificate or payment schedule not the

subject of the adjudication issued under the Contract by the Superintendent;

(b) at all times act impartially between the parties, in accordance with the law; and

(c) include in the determination the reasons for the determination and the basis on which

any amount or date has been decided.

S19.3 Security to be Provided under the Security of Payment Act.

If the adjudicator determines an adjudication application made by the Contractor under the

Security of Payment Act by determining that Glenelg Shire Council must pay any amount to

the Contractor:

(a) Glenelg Shire Council may give security of payment of that amount pending the final

determination of matters in dispute between Glenelg Shire Council and the Contractor in

the adjudication;

(b) such security shall be in the form described in Section 25(4) of the Security of Payment

Act; and

(c) such security shall, pending the final determination of matters in dispute, be in lieu of

payment and in full satisfaction of any liability for that amount under the Contract.

S19.4 Dispute Under the Contract

An adjudication response served by Glenelg Shire Council under the Security of Payment Act

shall be deemed to be a notice of a dispute under the Contract for the purpose of Clause 45

of the General Conditions of Contract. When the Contractor receives the adjudication

response, the Contractor shall within thirty (30) business days (or such other period as may be

agreed in writing between the parties) submit the detailed particulars of the matter at issue to

Glenelg Shire Council to be the subject of a mediation the terms of which (including the

appointment of the mediator) shall be agreed in writing between the parties within ten (10)

business days, failing which the mediation, but not the dispute process, shall be at an end.

For the purpose of this Clause S19.4 and Clause 25 of the Security of Payment Act, the

determination of matters in dispute between Glenelg Shire Council and the Contractor in the

adjudication becomes final:

(a) in the case of a determination from which there is no right of appeal or review, when the

determination is made; or

(b) in the case of a determination from which there is a right of appeal or review, when a

right of appeal or review expires or (if the determination becomes subject to appeal or

review proceedings) when those proceedings have finally been disposed of.





APPENDIX A

REQUEST TO SUBCONTRACT WORK/SERVICE (NPWC3)

Contract No.:

Description:

Contractor:

1. Details of Work/Service to be Subcontracted

2. Conditions of Subcontract

The General Conditions forming the basis of the subcontract will be:

SC – NPWC 3 (amended as per VicRoads supplementary clauses)

Other (please indicate below or in an attachment)

3. Details of Proposed Subcontractor

Name:

Address:

4. Contractor’s Declaration

I declare that the subcontract payment provisions are to the form or to the effect of the payment

provisions of the Contract (including the Contract rise and fall provisions, if any), and that the General

Conditions forming the basis of the subcontract will be as stated above.

Signature:

Date: / /

Name:

Position in Company:





INDEX

GENERAL CONDITIONS OF CONTRACT (including Supplementary General Conditions of Contract RC)

Clause Acceptance of Tender

Date of defined ................................................................................................2

formal agreement........................................................................... 6.2(a)

security.....................................................................................................5.4

Specification..............................................................................................2

Access

for Contractor.............................................................................................. 27.1

for carrying out inspection, examination or testing .................................S8

for Corporation and others..............................................................27.1, 27.3

for Corporation to clean up .........................................................................36

for remedial work...............................................................................30.3, 37.5

for urgent repairs.............................................................................................39

Accident (see Insurance, Urgent repairs, Protection of persons and property)

to workmen......................................................................................................20

to Works ............................................................................................................16

Actions

arbitration.........................................................................................................45

indemnification of Corporation ...................................................................20

time limits ..........................................................................................................48

Acts of Parliament .............................................................................................. 14.1

Address for service (see also Service)

of Contractor........................................................................................... 7.1, 25

of Corporation or Superintendent..........................................7.2, Annexure

Adjustment

Corporation's right of set off .........................................................................46

for Daywork.................................................................................................. 40.3

for rise and fall ................................................................................................3.1

of costs after taking over Works............................................................... 44.4

of progress certificates .............................................................................S17.4

of provisional quantity ............................................................................... 11.2

of provisional sum ...........................................................................................11

of rates ....................................................................................................... 3.3(c)

on variation.................................................................................................. 40.2

Agreement

formal instrument ..............................................................................................6

interpretation......................................................................................... 1, 2, 8.1

Ambiguity in documents ......................................................................................8.1





Approval

effect of certificates..................................................................................S17.5

extension of time......................................................................................... 35.4

of insurance .....................................................................................................22

of statutory authorities ............................................................................... 14.3

of Superintendent...........................................................................................23

of variations.................................................................................................. 40.1

of working hours ..............................................................................................32

to suspension of work................................................................................. 34.3

Arbitration.................................................................................................................45

Assignment..............................................................................................................9.1

Australian currency...................................................................................................1

Bankruptcy of Contractor ................................................................................. 44.7

Barring of claims......................................................................................................48

Basis of payment................................................................................3.1, Annexure

Bench Mark .......................................................................................................... 28.5

Bonds as security....................................................................................................5.3

Breach of contract

by Contractor..................................................................................................44

failure to lodge security................................................................................5.4

failure to execute contract ................................................................... 6.2(d)

Cancellation of Contract

Corporation's power .................................................................................. 44.1

effect of ........................................................................................................ 44.6

for non-lodgement of security ....................................................................5.4

for bankruptcy............................................................................................. 44.7

Care of the Works ...................................................................................................16

Certificates

correction of ...............................................................................................S17.4

effect of .......................................................................................................S17.5

Final .......................................................................................................................

S17.7

Practical Completion................................................................................S17.2

of public authorities.................................................................................... 14.3

Charge, mortgage, etc........................................................................................9.1

Claims

for extension of time................................................................................... 35.4

indemnity by Contractor...............................................................................20

time for notifying .............................................................................................48

settlement of disputes....................................................................................45

under policy of insurance .............................................................................22

Clause headings .......................................................................................................2





Cleaning up

generally...........................................................................................................36

debris, insurance.........................................................................17, Annexure

Commencement of work

insurance................................................................................................... 17, 21

notice before............................................................................................... 35.1

production of policies....................................................................................22

within 14 days .............................................................................................. 35.1

Common Law liability.............................................................................................21

Completion

by Corporation................................................................................................44

Final .......................................................................................................................

S17.5, S17.6

Practical, extension of time for ................................................................ 35.4

time for.......................................................................................35.2, Annexure

Compliance

with Superintendent's directions ..................................................................23

with Superintendent's interpretation..........................................................8.1

with statutory requirements ..........................................................................14

with quality management system............................................................S8.1

Constructional Plant

Contractor to supply.................................................................................. 29.1

defined ...............................................................................................................2

hire, hire-purchase or lease of...................................................................S7.2

ownership of .................................................................................................S7.2

payment of owners of by Corporation ...................................................S7.2

rejection of ....................................................................................................S7.1

removal of ........................................................................................... 29.3, S7.1

to comply with statutory requirements................................................... 29.2

use by Corporation .................................................................................... 44.3

work under the Contract includes ................................................................2

Construction of Contract ........................................................ 1, 2, 8.1, Annexure

Construction programme ........................................................................... 33, S9.1

Contract

assignment......................................................................................................9.1

cancellation.....................................................................................................44

claims under ....................................................................................................48

construction of ..............................................................................1, Annexure

disputes under.................................................................................................45

evidence of ....................................................................................................6.1

formal instrument of ......................................................................................6.2

interpretation............................................................................................. 2, 8.1

nature of.............................................................................................................3

proper law of .................................................................................1, Annexure

subcontracting...............................................................................................9.2

waiver................................................................................................................47

work under the ..................................................................................................2





Contractor

bankruptcy of.............................................................................................. 44.7

default of..........................................................................................................44

defined ...............................................................................................................2

service on ................................................................................................. 7.1, 25

to inform himself ..............................................................................................12

to insure ..................................................................................................... 17, 21

Contractor's employees

control of ..........................................................................................................26

insurance of .................................................................................21, Annexure

wages .............................................................................................................S18

Contractor's representative..................................................................................25

Contractor's responsibility for subcontractors ......................................... 9.3, S18

Contract sum

defined ...............................................................................................................2

inclusions in for lump sum contracts............................................................S3

insurance of Works..........................................................................................17

Copyright......................................................................................................................

8.3, 13

Corporation, defined .............................................................................................S2

Correction of certificates .................................................................................S17.4

Costs

cleaning up......................................................................................................36

completion on default of Contractor..................................................... 44.4

complying with statutory requirements.................................................. 14.2

Daywork........................................................................................................ 40.3

delay ............................................................................................................. 35.4

examination and testing ...............................................................................S8


extra costs ..................................................................................33.4, 34.5, 35.4

insurance by Corporation.............................................................................22

opening up ......................................................................................................S8

payment of workmen ..................................................................................S18

preventing loss or damage ..........................................................................25

prime costs ................................................................................................... 11.1

recovery by Corporation ..............................................................................46

royalties.............................................................................................................13

set off by Corporation....................................................................................46

setting out works ......................................................................................... 28.3

suspension .................................................................................................... 34.5

urgent repairs ..................................................................................................39

variations ...................................................................................................... 40.2

work not complying with Contract ......................................................... 30.3

Currency, Australian.................................................................................................1

Customary working hours ......................................................................................32





Damage

Superintendent may take action to prevent............................................25

to persons or property....................................................................................18

to Works ............................................................................................................16

urgent repairs ..................................................................................................39

Damages

Corporation's right to set off .........................................................................46

for delay ....................................................................................................... 35.5

liquidated..................................................................................................... 35.5

Date

for Practical Completion........................................................35.2, Annexure

of acceptance of tender ...............................................................................2

of specification .................................................................................................2

Day, ordinary working............................................................................................32

Daywork ...............................................................................................................S10.2

may be ordered..............................................................................3.3(c), 40.2

payment for ................................................................................................. 40.3

Debt due to Glenelg Shire Council .....................................................................46

Decision of Corporation ........................................................................................45

Decision of Superintendent ........................................................................... 23, 45

Deduction

Corporation's right of .....................................................................................46

from progress payments....................................................................... S17.1.2

of Corporation's costs of insurance.............................................................22

of Corporation's costs of urgent repairs .....................................................39

of cost of preventing loss ..............................................................................25

of cost of remedial work ..........................................................................S17.3

retention moneys...........................................................................................5.6

Deed of guarantee ............................................................................................ 5.10

Default by Contractor

in executing formal agreement............................................................ 6.2(d)

in lodging security..........................................................................................5.4

procedure on ..................................................................................................44

Default of Corporation, Superintendent, etc.


Default of subcontractor......................................................................................9.3

Defective work or materials.............................................................................. 30.3

Defects

minor, on Practical Completion ....................................................................2

remedying.................................................................................................... 37.2

replacement of materials ......................................................................... 30.3

testing................................................................................................................S8





Defects Liability Period.......................................................................37, Annexure

defined .............................................................................................................S2

Definitions ...................................................................................................................2

Delay

deviation from Construction Programme..................................................33

extra costs ..................................................................................33.4, 34.5, 35.4

in commencement .................................................................................... 35.1

in execution of formal agreement....................................................... 6.2(d)

in lodgement of security ..............................................................................5.4

in reaching Practical Completion........................................................... 35.5

notification of claims......................................................................................48

possession of site ......................................................................................... 27.1

rate of progress ........................................................................................... 34.1

suspension ........................................................................................................33

Demolition costs, insurance for ........................................................17, Annexure

Determination of Contract ........................................................................ 5.4, 44.1

Determination of Superintendent

disputes.............................................................................................................45

dissatisfaction with................................................................................... 45, 48


generally...........................................................................................................23

interpretation of discrepancy .....................................................................8.1

notice of ...........................................................................................................23

value of Daywork........................................................................................ 40.3

value of variation........................................................................................ 40.2

value of work .......................................................................................... S17.1.2

Directions of Superintendent

Daywork...............................................................................................3.3(c), 40

deviation from programme..........................................................................33

dissatisfaction with................................................................................... 45, 48

generally...........................................................................................................23

opening up ......................................................................................................S8

oral ....................................................................................................................23

remedial work.............................................................................................. 37.2

replacement of materials ......................................................................... 30.3

service of .................................................................................................. 7.1, 25

suspension ........................................................................................................33

testing................................................................................................................S8

variations ..........................................................................................................40

written ...............................................................................................................23

Directions of Superintendent's Representative .................................................24

Discrepancies in documents ...............................................................................8.1

Dismissal of employees ..........................................................................................26

Disputes

notice of claim ................................................................................................48

settlement of....................................................................................................45





Documents

evidencing approval of authorities ........................................................ 14.3

generally.............................................................................................................8

instrument of agreement ................................................................................6

service of ..................................................................................................... 7, 25

precedence of...............................................................................................6.3

Drawings .......................................................................................................................

8

defined ...............................................................................................................2

Effect of certificates ..........................................................................................S17.5

Emergency work .....................................................................................................39

Employees

accident or injury............................................................................................20

control of ..........................................................................................................26

insurance of ........................................................................................... 21, 22.2

payment of wages.......................................................................................S18

subcontractor's.................................................9.3, 10.3, 20, 21, 26, 35.4, S18

time, no extension for act of .................................................................... 35.4

English language.......................................................................................................1

Equipment to be provided by Contractor (see Constructional Plant) ........29

Errors, in setting out ............................................................................................. 28.4

Examination and testing........................................................................................S8

Excepted risks ...................................................................................................... 16.2

Execution

of the formal instrument of agreement.....................................................6.2

of the work ......................................................................... 3.2, 3.3(a), 23, 30.3

Extension of time

for Practical Completion........................................................................... 35.4

delay in giving possession of site ............................................................. 27.1

Extra

costs.............................................................................................33.4, 34.5, 35.4

land required by Contractor .................................................................... 27.2

work .......................................................................................................................

40.1

Failure of Contractor

to comply with direction of Superintendent ..........................30.3, 44.1, 45

to comply with Quality System.....................................................................S8

to execute formal instrument ................................................................ 6.2(d)

to give notice of a claim...............................................................................48

to insure ............................................................................................................22

to lodge security ............................................................................................5.4

to pay wages ................................................................................................S18

to prevent loss or damage ...........................................................................25

to show cause ............................................................................................. 44.1

to urgently repair ............................................................................................39





Failure of Corporation (see also Extra Costs)

notice of claim ................................................................................................48

notice of dispute.............................................................................................45

to execute formal instrument ......................................................................6.2

to make progress payment ........................................................................S11

to make site available ............................................................................... 27.1

Faulty work ..........................................................................................30, 37.2, S17.5

Fees to be paid by Contractor .................................................................. 13, 14.2

Fencing ....................................................................................................................15

Figured dimensions ................................................................................................8.2

Final Certificate ........................................................... 35.4, S17.5, S17.6, S17.7, 48

Final Statement ...................................................................................................... 48

Finding minerals, fossils, relics............................................................................ 27.6

Formal instrument of agreement ...........................................................................6

Fossils ................................................................................................................ 27.6

Foundations, covering up .....................................................................................S8

Giving of notices to authorities ........................................................................ 14.2

Guarantee ...................................................................................................................

5.10

Headings of clauses .................................................................................................2

Hold Point ..............................................................................................................S8.7

Hours of work ...........................................................................................................32

Indemnity by Contractor

damage to property......................................................................................16

injury ..................................................................................................................21

patents..............................................................................................................13

Information to be supplied .....................................................................................8

Contractor to inform himself.........................................................................12

for setting out works ................................................................................... 28.1

Injury to person ........................................................................................................20

insurance..........................................................................................................21

measures to prevent ............................................................................... 15, 25

Inspection

access to Corporation, Superintendent ................................................ 27.3

defined ..........................................................................................................S8.2

insurance policies ...........................................................................................22

notice of ...................................................................................................... 8.3.1

of hold points................................................................................................S8.7

of materials and work .................................................................................S8.3

Superintendent may require .........................................................8.4.2, 8.5.1





Instructions of Superintendent..............................................................................23

service of .................................................................................................. 7.1, 25

Insurance

inspection of policies .......................................................................... 22, 22.2,

of Works ............................................................................................................17

Workers' Compensation (WorkCover) .............................................. 21, 22.2

Insurer, approval by Corporation ................................................................. 17, 21

Interest

date from which payable........................................................................S11.2

on overdue payment ...............................................................................S11.1

on security and retention moneys..............................................................5.9

Interpretation of documents ...................................................................... 1, 2, 8.1

Issue of

certificate of Practical Completion .......................................................S17.2

Final Certificate..........................................................................................S17.7

Payment Schedule................................................................................ S17.1.2

Labour, provision of by Contractor ................................................................. 29.1

Land, extra required by Contractor (see Site) .............................................. 27.2

Language.....................................................................................................................

1

Latent conditions

determination of .............................................................................................S5

investigation of ................................................................................................S5

nature of...........................................................................................................S5

physical conditions which may constitute ................................................S5

variations arising from ....................................................................................S5

warranty not given by Corporation ............................................................S5

Law

governing contract ................................................................1, 45, Annexure

compliance with.............................................................................................14

Liability of Contractor

after Practical Completion....................................................................... 16.3

for care of the work........................................................................................16

for compliance with legislation....................................................................14

for subcontractor...........................................................................................9.3

Lighting ....................................................................................................................15

Liquidated damages, reduction of..............................................35.5, Annexure

Litigation (see Arbitration).....................................................................................45

Local authorities ......................................................................................................14

Loss or damage to Works ......................................................................................16

prevention by Superintendent .....................................................................25





Lump sum ....................................................................................................... 3.1, 3.2

Lump Sum contracts

inaccuracy of quantities ...............................................................................S3

inclusions in contract sum .............................................................................S3

Schedule of Prices in ......................................................................................S3

Schedule of Quantities in ..............................................................................S3

Maintenance (see Defects Liability) ...................................................................37

Making good defects (see also Testing) ...............................................30.3, 37.2

Materials

Constructional Plant.........................................................................................2

possession of on default ............................................................................ 44.3

protection of................................................................................................ 30.2

provision of by Contractor ............................................................................29

removal of .................................................................................................... 29.3

to be new..................................................................................................... 30.1

Materials and work

examination (see inspection)....................................................................S8.2

testing.............................................................................................................S8.3

not in accordance with Contract, value of...........................................S8.6

rejection of due to inadequate storage and protection....................S8.6

substitution of................................................................................................S8.6

Materials not incorporated in works

additional security .....................................................................................S12.2

contractor responsible to apply .............................................................S12.6

declaration of Contractor .......................................................................S12.3

excess materials .........................................................................................S12.7

identification and storage .......................................................................S12.3

insurance of ................................................................................................S12.3

ownership of, passing ...............................................................................S12.3

payment for ...................................................................................................S12

payment for, not acceptance ...............................................................S12.5

value of, Superintendent to determine.................................................S12.4

Measurement ..........................................................................................................41

Minerals ................................................................................................................ 27.6

Minor omissions (see Practical Completion)

defined ...............................................................................................................2

remedying.................................................................................................... 37.2

withholding payment in respect of ........................................................S17.3

Month, defined..........................................................................................................2

Nature of contract (basis of payment) .........................................3.1, Annexure

Nominated Subcontractor, defined ...................................................................S2

Notice (see Service)

Occupation by Corporation ............................................................ 35.3, 37.1, 39





Omissions

making good............................................................................................... 37.2

variations (see Minor omissions) ............................................................... 40.1

Opening up for examination and testing...........................................................S8

Oral instruction.........................................................................................................23

Order

defined .............................................................................................................S2

of work .......................................................................................................... 33.3

Ordinary working days ...........................................................................................32

Ownership of documents.....................................................................................8.3

Patents, royalties .....................................................................................................13

Payment

adjustment for rise and fall ..........................................................................3.1

adjustment of rates ................................................................................. 3.3(c)

basis of .........................................................................................3.1, Annexure

currency of.........................................................................................................1

Daywork........................................................................................................ 40.3

deductions

from progress payments .............................................................. S17.1.2

generally ..................................................................................................46

insurance..................................................................................................22

liquidated damages .......................................................................... 35.5

remedial works ......................................................................... 30.3, S17.3

retention moneys.................................................................... 5.6, S17.1.2

urgent work..............................................................................................39

workmen's wages .................................................................................S18

work to prevent loss ........................................................................ 25, 39

default by Contractor....................................................................................44

during arbitration ............................................................................................45

extra costs ..................................................................................33.4, 34.5, 35.4

interest payable from ...............................................................................S11.2

Lump Sum basis.................................................................. 3.1, 3.2, Annexure

materials not incorporated in Works, for ..................................................S12

of insurance premiums ..................................................................................22

of security or retention refund.....................................................................5.7

of workmen's wages.....................................................................................S18

on completion by Corporation................................................................ 44.4

on Final Certificate ....................................................................................S17.6

on Payment Schedule .......................................................................... S17.1.3

on Practical Completion..........................................................................S17.3

overdue, interest rate on, rate ...................................................................S11

partly Lump Sum and partly Schedule of Rates .............................. 3.1, 3.2

place of ..........................................................................................1, Annexure

provisional sums ..............................................................................................11

Schedule of Rates..........................................................................................3.3

subcontractors ........................................................................................S4, S18

suspension of ......................................................................................... 22, 44.1

to owner of hired or leased plant.............................................................S7.2

variations ...................................................................................................... 40.2

within twenty (20) days.............................................................. S17.1.3, S17.6





Payment Claim............................................................................................... S17.1.1

Final. .............................................................................................................S17.6

Practical Completion................................................................................S17.3

Payment Schedule......................................................................................... S17.1.2

correction of.......................................................................................S17.4

effect of...............................................................................................S17.5

Final .....................................................................................................S17.6

Practical Completion .......................................................................S17.3

Performance Bond ............................................................................................. 5.10

Permission of Superintendent ...............................................................................23

Permits of authorities ..............................................................................................14

Person defined ..........................................................................................................2

Plant (see Constructional Plant) ............................................................................2

Possession of site.................................................................................................. 27.1

Practical Completion

certificate of ...............................................................................................S17.2

date for ......................................................................................35.2, Annexure

defined ...............................................................................................................2

extension of time for................................................................................... 35.4

occupation by Corporation before....................................S8.10, 35.3, 37.1

Precedence of documents .................................................................................6.3

Prime cost items .................................................................................................. 11.1

Prime cost sum, inclusion in provisional sum......................................................S2

Proceedings on default.........................................................................................44

Profit and attendance

on Daywork............................................................................................. 40.3(d)

on provisional sums..................................................................................... 11.1

Programme

construction ..................................................................................................S9.1

of work ..............................................................................................................33

Progress

payment.................................................................................................. S17.1.3

rate of............................................................................................................ 34.1

value ..........................................................................................S17.1.1, S17.1.2

Progress of work

failure to maintain .......................................................................................S9.1

to accord with construction programme...............................................S9.1

Protection

Corporation may take action ......................................................................25

of materials .................................................................................................. 30.2

of persons and property................................................................................15

of Works ............................................................................................................16





Provisional quantity

adjusted.................................................................................................. 11.2, S3

defined .............................................................................................................S2

Provisional sum

adjusted........................................................................................................ 11.2

defined .............................................................................................................S2

Public Liability Insurance........................................................................................19

Quality of materials and workmanship........................................................... 30.1

Quality System

defined ..........................................................................................................S8.1

compliance with.............................................................................................S8

Quantities

in Schedule of Rates, estimated only .................................................. 3.3(b)

limits of accuracy and adjustment ...................................................... 3.3(b)

provisional .................................................................................................... 11.2

Rate of progress .................................................................................................. 34.1

Rates (see Schedule of Rates)

adjustment of ........................................................................................... 3.3(c)

cover whole cost ..................................................................................... 3.3(a)

provisional quantities ................................................................................. 11.2

valuation of Daywork................................................................................. 40.3

valuation of variations ............................................................................... 40.2

Record of measurements......................................................................................41

Rectification of defects ............................................................................30.3, 37.2

Reference marks ................................................................................................. 28.5

Regulations...............................................................................................................14

Rejection of work or materials.......................................................................... 30.3

Release of security and retention....................................................5.7, 5.8, S17.6

Remedial work............................................................................................30.3, 37.2

Corporation may recover cost of ........................................................... 30.3

tests on..............................................................................................................S8

Repairs, urgent ........................................................................................................39

Replacement of defective work and materials ........................................... 30.3

Removal of Constructional Plant ..................................................................... 29.3

Removal of Contractor's employees ..................................................................26

Requirements of Authorities ..................................................................................14

Retention moneys

forfeiture of on cancellation..................................................................... 44.6





from progress payments............................................ 5.6, S17.1.3, Annexure

interest on........................................................................................................5.9

purpose of .......................................................................................................5.1

reduction of ....................................................................................................5.7

release of............................................................................................. 5.8, S17.6

use of by Corporation....................................................................................46

Rise and Fall

generally..........................................................................................................3.1

on Daywork.................................................................................................. 40.3

Risks, excepted.................................................................................................... 16.2

Roadways.................................................................................................................15

Royalties ....................................................................................................................13

Samples and specimens .......................................................................................S8

Scaffolding (see Constructional Plant) .................................................................2

Schedule of Prices

as part of Lump Sum contract .....................................................................S3

defined .............................................................................................................S2

errors Lump Sum contract.............................................................................S3

variations valued in accordance with ................................................... 40.2

Schedule of Quantities

defined .............................................................................................................S2

inaccuracy of quantities in Lump Sum contract......................................S3

Schedule of Rates

adjustment of rate................................................................................... 3.3(c)

basis of payment .......................................................................3.1, Annexure

cover whole of the work ........................................................................ 3.3(a)

defined ...............................................................................................................2

no order required..................................................................................... 3.3(a)

quantities estimated only....................................................................... 3.3(b)

variations, pricing................................................................................ 40.2, S10

Security

conversion of ..................................................................................................5.5

failure to lodge...............................................................................................5.4

forfeiture on default ................................................................................... 44.6

form of..............................................................................................................5.3

interest on........................................................................................................5.9

payment for materials not incorporated in Works ..............................S12.2

provision of ..................................................................................5.2, Annexure

purpose of .......................................................................................................5.1

reduction of ....................................................................................................5.7

release of............................................................................................. 5.8, S17.6

time for lodgement .......................................................................................5.4

use of by Corporation....................................................................................46





Security of Payments Act

adjudication ..................................................................................................S19

Payment Claims ............................................................................................S17

payment of subcontractors........................................................................S18

payment of workers .....................................................................................S18

Payment Schedules .....................................................................................S17

Superintendent’s authority............................................................................S6

suspension of works ......................................................................................S13

Separable Part

defined .........................................................................................................2, S2

extension of time for................................................................................... 35.4

liquidated damages ...............................................................35.5, Annexure

taking out of hands of Contractor .......................................................... 44.1

time for completion.................................................................35.2, Annexure

Practical Completion.......................................................................................2

Service by post .......................................................................................................7.3

Service of documents .............................................................................. Annexure

address of Contractor ........................................................................... 7.1, 25

address of Corporation ................................................................................7.2

address of Superintendent ......................................................7.2, Annexure

Service of notice

before commencing work........................................................................ 35.1

of appointment of Superintendent's Representatives ............................24

of cancellation............................................................................................ 44.6

of claim for extension of time................................................................... 35.4

of claim other than extension of time ........................................................48

of dispute..........................................................................................................45

of dissatisfaction with decision on Superintendent or Corporation......45

of intention to commence work.............................................................. 35.1

of name of Contractor's representative ....................................................25

that nominated subcontract entered.................................................... 10.3

to show cause ............................................................................................. 44.1

to tidy up ..........................................................................................................36

Service of Superintendent's direction .......................................................... 23, 25

on Contractor's Representative deemed to be service on Contractor25

Set off, Corporation's right.....................................................................................46

Setting out of work..................................................................................................28

Settlement of disputes ...........................................................................................45

Site

Contractor deemed to have examined ...................................................12

defined ...............................................................................................................2

generally...........................................................................................................27

Specification

defined ...............................................................................................................2

discrepancies in .............................................................................................8.1

represents only generally the work ............................................................8.2

Statutory requirements...........................................................................................14





Subcontract

Contractor's responsibility ............................................................................9.3

permission to...................................................................................................9.2

Subcontractor

approval to ......................................................................................................S4

competency of ...............................................................................................S2

defined .............................................................................................................S2

payment of ......................................................................................................S4

to afford access..............................................................................................S4

statutory declaration as to payment by Contractor..........................S18.2

Subcontractor's employees (see also Employees)

insurance..........................................................................................................21

removal.............................................................................................................26

wages unpaid ...............................................................................................S18

Subcontracts

provisions to be included in..........................................................................S4

rescission of ......................................................................................................S4

Superintendent

acceptance of quality system by ....................................................................S8.1

appointment.............................................................................................. Annexure

defined......................................................................................................................S2

determinations by, in writing if required .............................................................S6

generally...................................................................................................................23

granting of approvals by.......................................................................................S6

inspection of hold points ....................................................................................S8.7

statutory declaration as to payment.............................................................S18.2

Superintendent's Representative .................................................................... 2, 24

Survey marks......................................................................................................... 28.5

Suspension of payment................................................................................ 22, 44.1

Suspension of work

by Superintendent's Representative ...........................................................S9

generally...........................................................................................................34

Temporary Works

care of .......................................................................................................... 16.1

defined ...............................................................................................................2

insurance of .....................................................................................................17

variation of ................................................................................................... 40.1

work under the Contract ................................................................................2

Tender, sufficiency of ....................................................................................... 12(d)

Termination....................................................................................................... 5.4, 44

Testing

results to be provided .................................................................................S8.5

methods to be used....................................................................................S8.4

Superintendent may order ........................................................................S8.6

Third Party insurance (see Public Liability Insurance).......................................19





Time

construction programme..............................................................................33

Defects Liability Period............................................................37.1, Annexure

extension of time for Practical Completion........................................... 35.4

for arbitration...................................................................................................45

for claims for extension of time ................................................................ 35.4

for claims generally ........................................................................................48

for commencement of work .................................................................... 35.1

for Daywork claims ..................................................................................... 40.3

for disputes.......................................................................................................45

for effecting insurance ........................................................................... 17, 21

for effecting urgent repairs ...........................................................................39

for entering nominated subcontract...................................................... 10.3

for execution of formal agreement ...........................................................6.2

for final payment .......................................................................................S17.6

for lodging security........................................................................................5.4

for making claims............................................................................................48

for notice of intention to commence..................................................... 35.1

for notice of intention to make a claim .....................................................48

for notice of intention to use Works.............................................................S8

for notice of tests ............................................................................................S8

for notice that nominated subcontract entered ................................. 10.3

for notice to show cause........................................................................... 44.1

for payment of final payment.................................................................S17.6

for payment of payment claim .......................................................... S17.1.3

for payment upon Practical Completion .............................................S17.3

for possession of site ................................................................27.1, Annexure

for Practical Completion........................................................35.2, Annexure

for preparing formal agreement .......................................................... 6.2(a)

for reduction of security or retention .........................................................5.7

for release of security or retention.................................................. 5.8, S17.6

for remedying defects ............................................................................... 37.2

for Superintendent to confirm oral instruction ..........................................23

for supply of construction programme................................................... 33.1

for testing..........................................................................................................S8

rate of progress ........................................................................................... 34.1

service by post ...............................................................................................7.3

Specification......................................................................................................2

suspension of work..........................................................................................34

Trade marks..............................................................................................................13

Uncovering work .....................................................................................................S8

Urgent repairs ..........................................................................................................39

Use of Works by Corporation

before testing ..................................................................................................S8

of partly completed Works ....................................................................... 35.3

time of commencement of Defects Liability Period............................ 37.1

Valuation for progress payments..................................................S17.1.1, S17.1.2

of Daywork................................................................................................... 40.3

of variations.................................................................................................. 40.2





Variation

Daywork may be ordered .................................................3.3(c), 40.2, S10.2

defined .............................................................................................................S2

generally...........................................................................................................40

net sum of....................................................................................................S10.1

rates for........................................................................................................S10.1

valuation............................................................................................ 40.2, S10.1

working hours...................................................................................................32

Wages

Daywork........................................................................................................ 40.3

failure to pay .................................................................................................S18

statement of wages paid ........................................................................S18.2

Warranties.................................................................................................................38

Week, defined.........................................................................................................S2

Winding up

of Contractor............................................................................................... 44.7

of Nominated Subcontractor................................................................... 10.8

Words in singular........................................................................................................2

Work

not complying with the Contract............................................................ 30.3

outside hours....................................................................................................32

remedial ....................................................................................................... 37.2

Workers' Compensation ........................................................................................21

Working hours ..........................................................................................................32

Works, defined...........................................................................................................2

Works instruction

defined .............................................................................................................S2

Suspension of work under ..........................................................................S9.2

Work under the Contract, defined........................................................................2

Written instructions ..................................................................................................23





GENERAL CONDITIONS OF CONTRACT

PART 1 : GENERAL CONDITIONS OF CONTRACT NPWC-RC

ANNEXURE

Contract No. 200713

The Contract shall be governed by and construed with reference to

the laws for the time being in force in the State or Territory

of:

(Clauses 1 and 45)

Victoria

All payments made under the Contract will be made at:

(Clause 1)

Portland:

The Superintendent will be:

(Clause S2 of Supplementary General

Conditions of Contract)

Group Manager Assets and Infrastrcuture

or other delegated person

The Basis of Payment will be:

(Clause 3.1)

Lump Sum.

The amount of the security is:

(Clause 5.2)

5% of Contract Sum

The amount of security on payment for materials is:

(Clause S12)

5% of value of materials.

The address of Glenelg Shire Council for service of

documents is:

(Clause 7.2)

C/- Glenelg Shire Council Council

PO Box 152

Portland Vic 3305 The address of the Superintendent for service of documents

is:

(Clause 7.2)

PO Box 152

Portland Vic 3305

The value of materials to be supplied by Glenelg Shire

Council is: The assessment for insurance purposes of architects',

engineers' and surveyors' fees is:

The assessment for insurance purposes of the costs of

demolition and removal of debris is: (Clause 17)

]

] ]

]

]

]

The provisions of Clause 17 are not

applicable to this Contract. Insurance of the Works is not required but the

Contractor may insure the Works

independently. Non-insurance of the

Works does not relieve the Contractor of any liabilities under Clause 16.

The amount of Public Liability Insurance shall be not less

than:

(Clause 19)

$10,000,000.00

The amount of Common Law Liability Insurance shall be not

less

than:

(Clause 21)

The amount required by "WorkCover Insurance".

The time for giving possession of the site is:

(Clause 27.1)

One week from date of letter of

acceptamce. The time for Practical Completion of the Works shall be:

(Clause 35.2)

31st May 2008.

The time for Practical Completion of each separable part

of the

Works shall be the time specified for that separable part of

the

Works in:

(Clause 35.2)

Not Applicable

Liquidated Damages

(Clause 35.5)

for the Works shall be:

$500.00 per day

for each separable part of the Works shall be:

Not Applicable





The Defects Liability Period for the Works shall be:

(Clause 37.1)

Twelve (12) months

The Defects Liability Period for each separable part of the

Works shall be:

(Clause 37.1)

Not Applicable

The amount of retention moneys is:

(Clause 42.1)

Nil.

GLENELG SHIRE COUNCIL BOX 152, PORTLAND 3305 Page 132




Contract No. CT 200713

Section 4: SPECIFICATION

February 2008


CONTENTS

PART I: GENERAL CLAUSES Page No. CONSTRUCTION – GENERAL

Section 160 4

PROCUREMENT OF ROADMAKING MATERIALS

Section 165 19

TRAFFIC MANAGEMENT Section 166 21

SITE CLEARING Section 201 26

GEOTEXTILES IN EARTHWORKS Section 210 29

UNDERGROUND STORMWATER DRAINS Section 701 32

DRAINAGE PITS

Section 705 41

STEEL BEAM GUARD FENCE

Section 708 43

BEACHING

Section 713 47

LANDSCAPE WORKS

Section 720 50

PART II: CONTRACT SPECIFIC CLAUSES

Section 100: General 61

Section 200: Formation Construction 65

Section 700 Incidental Works 67

Section 1000 Measurement and Payment 68

PART III: CONTRACTOR REQUIREMENTS OCCUPATIONAL HEALTH & SAFETY

Section A: Duties of Employers 72

Section B: Tenders 74

Section C: Site Safety Plans 76

SCHEDULE A: Schedule of Drawings 80


PART I

GENERAL CLAUSES

CONTRACT No. CT 200713 SECTION 4 – SPECIFICATION




SECTION 160 – CONSTRUCTION - GENERAL

This section covers general items relating to construction contracts.

PART A - QUALITY SYSTEM

PART B - INDUSTRIAL

PART C - SITE

PART D - PROGRAM AND PROGRESS

PART E - PROSECUTION OF WORK

PART F - OFF-SITE

PART A - QUALITY SYSTEM

160.A1 THE QUALITY SYSTEM

The Contractor shall plan, develop and maintain a documented Quality System in accordance with

this Specification and with an Australian Standard for Quality Systems as specified below:

##(strikeout inapplicable categories below):

AS/NZS ISO 9002: 1994;

The quality system shall cover all work under the Contract.

160.A2 HOLD POINTS

Definition: Those points beyond which the work may not proceed without review by the

Superintendent.

Hold points are identified in the specification by the letters HP in the left margin and by bold text print or arise from non-conformances.

The review by the Superintendent of a hold point will not relieve the Contractor of responsibility for

satisfactory execution or performance of the work.

Text which is bolded but not identified by the letters HP in the left margin is not a Hold Point. These are specified obligations on the Contractor requiring the review or approval of the Superintendent.

They are bolded for ease of identification.

160.A3 QUALITY SYSTEM DOCUMENTS

Further to Clause 8.4 of the General Conditions of Contract, the Contractor shall submit for

consideration by the Superintendent the following:

*** (a) a controlled copy of the contract specific quality plan within 4 weeks of the date of

acceptance of the tender, ie. a document setting out the specific quality practices, resources,

activities and responsibilities relevant to the Contract;

(b) specific quality procedures relating to the work not less than 14 days prior to the

commencement of that work.

However for works proposed at the commencement of the Contract for which 14 days is not

possible, a period of 4 working days will be accepted.

July 1998 (last updated February 1998)

© VicRoads 160 (1 of 15)





160.A4 ADDITIONAL QUALITY SYSTEM REQUIREMENTS

The Contractor shall comply with the specified Australian Standard for Quality Systems. In addition

the following requirements shall be satisfied:

(a) For AS/NZS ISO 9001, 9002 and 9003 (i) Identification: the Contractor shall identify all test results with the precise locations to

which they relate.

(ii) Traceability: traceability is not required unless otherwise specified.

(iii) Testing: the frequency of testing shall be adequate to demonstrate compliance with the

Specification. In some instances the minimum frequency of testing is covered in the

Specification.

(iv) Special Processes: notwithstanding any special processes which may be identified by the

Contractor, special processes shall include the processes in Table 160.A41.

*** Table 160.A41 - Special Processes

SPECIAL PROCESSES

NIL

(b) Non-conformance

All non-conformances, where the disposition of the non-conformance violates the contractual

requirements, are to be promptly reported to the Superintendent for agreement via

non-conformance reports. Such non-conformances automatically create hold points.

Further, all non-conformance reports shall include: (i) the cause of the non-conformance;

(ii) the proposed method of rectifying the non-conformance; and

(iii) the proposed changes made to the work procedures to prevent a recurrence.

(c) Design

Design of temporary works, handling details not specified on the drawings, effects of

construction loads on the permanent works or any other design requirements specified in the

Contract shall be controlled, including verification, in accordance with the Design Control

requirements of AS/NZS ISO 9001.

(d) Audits

Audits carried out by the Contractor to comply with the requirements of the relevant quality

system standard shall be conducted by a qualified auditor in accordance with Australian

Standard AS3911.1 "Guidelines for Auditing Quality Systems - Part 1: Auditing".







160.A5 OCCUPATIONAL HEALTH AND SAFETY

The Contractor shall incorporate into the Quality Plan a Management System covering Occupational

Health and Safety.

The System must demonstrate, as a minimum, compliance with the requirements of the

Occupational Health and Safety Act (1985), in particular Part III, Duties of Employers, Sections 21-23.

Where the Contractor, and others engaged by the Glenelg Shire Council, are carrying out work on a

site, the Superintendent will arrange co-ordination of the parties to ensure relevant safety issues are

reviewed and implemented. When requested by the Superintendent, the Contractor shall be

represented at meetings convened by the Glenelg Shire Council for the purpose of reviewing OH&S

matters relative to the site of the works.

Where differences of opinion arise between the Contractor and the Glenelg Shire Council over the

adequacy of any safety provision, the Victorian WorkCover Authority shall be requested to resolve

the issue.

The Contractor shall with the Contractors' agents provide and maintain for employees and agents of

the Glenelg Shire Council who, in the course of their work for the Glenelg Shire Council, enter the site,

an environment that is safe and without risk to health.

160.A6 RECORDS The Contractor shall make all records pertaining to the Contract available to the Superintendent at

all times. Where requested by the Superintendent, the Contractor shall provide the Superintendent

with a copy of records.

Within four weeks of the Date of Practical Completion, and before issue of the Final Certificate

whichever is earlier, the Contractor shall make available a register of all records held. The Contractor

shall provide the Superintendent with a copy of such records, or part thereof, as requested.

Within twelve weeks of the Date of Practical Completion, and before issue of the Final Certificate

whichever is earlier, the Contractor shall provide as-built drawings, in accordance with the following

requirements:

(a) as built drawings, with departures clearly marked, shall show the Works as constructed;

(b) the location of services within the limits of the work shall be clearly marked.

160.A7 SURVEILLANCE AND AUDITS BY THE GLENELG SHIRE COUNCIL

The Superintendent will arrange surveillance and audits to ensure that the Contractor is complying

with the Quality System.

The Contractor shall, upon being given reasonable notice by the Superintendent, make or arrange

to be available all facilities, documentation, records and personnel, including those of any

sub-contractors, that are reasonably required for audits to be undertaken.

Notwithstanding that the Glenelg Shire Council may have previously undertaken audits of a

sub-contractor's quality system in connection with other work, the Contractor shall include the

operations of all such sub-contractors in the Contract quality plan and shall fulfil all the quality

obligations of the Contract.

The Glenelg Shire Council will carry out audit and surveillance of the work of all sub-contractors as it

sees fit, in the same way that it may carry out audit and surveillance of all work done and materials

supplied by the Contractor. The Superintendent may for this purpose have recourse to audit and

surveillance carried out for other Glenelg Shire Council contracts. Copies of any such audit and

surveillance reports used by the Superintendent will be provided to the Contractor.







PART B - INDUSTRIAL

160.B1 RATES OF PAY AND CONDITIONS OF EMPLOYMENT

The Contractor shall comply with all relevant industrial legislation including industrial awards to which

the Contractor is bound, any certified agreements and/or enterprise flexibility agreements to which

the Contractor is party.

The contract sum will be deemed to include the cost of all wages and other costs arising from the

requirements of the awards, certified agreements and enterprise flexibility agreements to which it is

bound, and no adjustment will be made to the contract on account of such requirements or any

new matter introduced into an award, or any certified agreement or enterprise flexibility agreement

except if otherwise provided for in the Contract.

Persons below the Victorian statutory minimum school leaving age shall not be employed on works

under the Contract.

160.B2 WORK BANS AND LIMITATIONS

The Contractor shall keep the Superintendent informed concerning any industrial matter which could

affect the progress of the work under the Contract.

The Contractor shall inform the Superintendent immediately if bans are applied to the work under the

Contract or if work under the Contract ceases due to industrial action and shall also inform the

Superintendent of measures being taken to resolve such action.

The Contractor shall make no claim against the Glenelg Shire Council for any costs, loss, expense or

damage arising from any industrial action, resulting in a strike, work stoppage, work ban or work

limitations of any kind.

The Superintendent may grant an extension of time for completion pursuant to the General

Conditions of Contract for lost time arising from industrial action outside the control of the Contractor.







PART C - SITE

160.C1 COMMENCEMENT OF WORK

The Contractor shall not commence work on site before objective evidence to the existence of

public liability insurance and WorkCover conforming with the requirements of the General Conditions

of Contract has been provided to the Superintendent, and the Contract Safety Plan has been

submitted to the Superintendent for review.

Any delays in commencement of work caused by this requirement will not be grounds for an

extension of time for completion of the Works or any part thereof, nor shall it form the basis of any

claim for additional payment.

160.C2 SITE ESTABLISHMENT

The Contractor shall erect, for his own use, such buildings, compounds, sanitary accommodation,

explosive magazines and associated services as are required for the supervision and construction of

the Works.

The Contractor, subject to the agreement of the Superintendent, may be permitted to use portions

of the site, other than those areas required for compounds and stockpile sites, for establishment of

such buildings and compounds.

The buildings, compounds, associated services, sanitary accommodation and explosive magazines

erected by the Contractor shall be regarded as Materials or Constructional Plant for the purpose of

the Contract and as such shall be considered as designated plant under the General Conditions of

Contract.

Litter shall be placed in rubbish containers. Fuel oil and other pollutants shall not be discharged onto

the ground or into drains. Spillage shall be contained and removed from site.

At the completion of the Works, these facilities will remain the property of the Contractor and shall be

removed, or disposed of, and the area left to the satisfaction of the Superintendent.

160.C3 SANITARY ACCOMMODATION ##(strikeout if not required): The Contractor shall provide separate sanitary accommodation and washing facilities including

paper towels and dispenser for the exclusive use of the Superintendent's representatives.

Maintenance and servicing of this sanitary accommodation shall be arranged by the Contractor

and be carried out at least once each week. No separate payment will be made for this work.

160.C4 SITE OFFICE ##(strikeout if not required): The Contractor shall provide an office at the site for the exclusive use of the Superintendent's

representatives within 14 days of taking possession of the site or within the period specified by the

Superintendent.

The office shall have plan dimensions of at least 3.6 m by 2.4 m, a ceiling height of at least 2.2 m and

shall be weather proof and draught proof. It shall have a lockable door, insect screen door and two

or more openable windows fitted with insect proof and security screens and shall be furnished with a

table and chair. The window size shall be equivalent to 12% of the floor area of the office and the

walls and ceiling shall be insulated.

The office shall be electrically wired and be fitted with at least two 40 Watt fluorescent tubes and at

least two 240 volt 10 amp power outlets.







The Contractor shall provide: ##(strikeout inapplicable requirements below):

(a) a separate telephone to the office connected to the nearest exchange;

(b) electricity to the office from the nearest available power supply;

(c) electricity to the office from a portable generator of sufficient capacity to power the lighting

and other electrical requirements of the office;

(d) a reverse cycle air conditioner/heater (2 hp minimum).

Connection fees and charges for the use of the telephone and electricity will be paid by the Glenelg

Shire Council.

The Contractor shall maintain the building in good condition for the duration of the Contract.

Upon completion of the Contract, the Contractor shall arrange for the disconnection of any services

and remove the building from the site.

160.C5 CONTRACTOR'S IDENTIFICATION SIGNS

If the Contractor wishes to display identification signs, the signs shall be of overall dimensions

1800 mm wide by 1200 mm high and include the legend:

CONSTRUCTION FOR

THE GLENELG SHIRE COUNCIL BY

..................................................................................

(CONTRACTOR'S NAME (and or Logo) AND THE CONTRACTORS 24 HOUR PHONE NUMBER)

The signs shall be lettered in black on a white non reflectorised background using a letter size for the

words "Glenelg Shire Council" no smaller than the letter size for the Contractor's name, and all

lettering shall comply with AS 1744 - Standard Alphabets for Road Signs. The phone number is to be

the Contractors 24 hour contactable phone number for public enquires and general issues on the

project for which the contractor is to undertake as part of the contract management works. The

contractor shall document all public issues that relate to the contracted works including date, time,

contact name & telephone number and issue details and the resolution action details. If the issues

are beyond the scope of the contracted works the matter is to be forwarded to the Superintendent

as appropriate but within 8 working day hours for consideration. The contractor is not to undertake a

direction from the public as a variation to works under the contract.

The identification signs shall be removed by the Date of Practical Completion of the Works. The signs

shall be maintained in good condition for the period over which they are displayed.

The lower edge of the sign shall be level and at least 1.5 m above the level of the crown of the road

except that, where parking is likely to occur or other obstructions are present, the height above the

level of the crown of the road shall be at least 2 m.

Signs shall be placed on the left hand side of the road facing oncoming traffic, at a location agreed

with the Superintendent.

No separate payment will be made for the provision and erection of the signs.

160.C6 HIGH VISIBILITY JACKETS

All personnel, including supervisors, surveyors, labourers and plant operators when not operating their

machines, shall wear fluorescent red/orange high visibility jackets properly fastened at all times on

the site.

160.C7 CONTRACTOR'S REPRESENTATIVES On commencement of work, the Contractor shall advise the Superintendent in writing of the names,

addresses and telephone numbers of employees who can be contacted in an emergency and out

of hours under the Contract. Any proposed changes of representatives, addresses or telephone

numbers shall be notified promptly to the Superintendent and confirmed in writing to the

Superintendent.





PART D - PROGRAM AND PROGRESS

160.D1 CONSTRUCTION PROGRAM

(a) Interpretation

For the purposes of this sub-clause, "construction program" means a program in the format of an

activity orientated, critical path network which shows how the Contractor proposes to complete

the Works or any separable part of the Works within the period or by the respective dates for

Practical Completion.

(b) Construction Program Requirements

(i) No Requirement ##(strikeout this requirement if inapplicable):

A construction program is not required to be submitted by the Contractor. Items (c), (d),

(e) and (f) of this clause do not apply.

(ii) Minor Construction Contracts ##(strikeout this requirement if inapplicable):

Before commencing work under the Contract the Contractor shall supply to the Superintendent for review a construction program illustrating the planned sequence of work. The program shall be in bar chart form, including the principal activities to be undertaken and restraints clearly identified with a time scale shown in weeks and months.

The program shall identify critical path activities, include dates for starting and completion

of the principal activities and planned dates for practical completion of the Works or

separable parts. Items (c), (d), (e), and (f) of this clause shall apply as far as they are

applicable.

(iii) Major Construction Contracts ##(strikeout this requirement if inapplicable):

Where a program has been provided as part of the tender, it shall be incorporated into

the Contract until the Construction Program has been reviewed by the Superintendent.

Within 28 days after the date of acceptance of tender, the Contractor shall submit to the Superintendent for review a construction program which takes into account the requirements of the Contract. The program shall be submitted on 3.5 inch computer disc

and hard copy.

The program shall be computer based using "TIMELINE" or an alternative computer

program approved by the Superintendent. It shall be in sufficient detail to demonstrate

any entitlement that the Contractor may from time to time claim to have pursuant to the

General Conditions of Contract and be capable of providing reports which are able to

identify the following features in acceptable formats:

(i) detailed activities with corresponding durations in days;

(ii) activity dependencies;

(iii) critical path activities identified for the Works and any separable part of the Works;

(iv) total and free floats;

(v) plant and labour resources planned for each activity;

(vi) dates for approvals required from the Glenelg Shire Council, material supplies, or

equipment supplies which the Contractor nominates as necessary to maintain the

program and which are to be provided by others;

(vii) milestones which identify significant events including completion of separable parts;

(viii) as constructed details.

The Contractor shall submit with the construction program the estimated contract value of

work to be done each month throughout the Contract and detailed reasons for any

divergence from the program and cash flow submitted with the tender.

Items (c), (d), (e) and (f) of this clause shall apply.






(c) Review of Submitted Program

(i) If the Superintendent considers that the submitted construction program or any

subsequent revision thereto does not show sufficient details, or is impractical, or does not comply with the requirements of the Contract, or will not result in completion of the Works or any separable part of the Works by the relevant Date for Practical Completion, the Superintendent may direct the Contractor to resubmit to the Superintendent an amended construction program within seven (7) days for further review.

(ii) Should the submitted construction program provide for completion of the Works or a

separable part of the Works in advance of the relevant times for Practical Completion and the Superintendent does not direct the Contractor to supply an amended construction program, the Contractor may proceed to prosecute the work in accordance with the submitted construction program at the Contractor's own risk. The dates for particular activities or Practical Completion shown on a construction program will not be accepted as a substitute for any corresponding specified dates in the Contract which shall continue to be the basis for assessment of progress of work and any claims made under the Contract for extensions of time and additional costs.

(d) Review of Progress

At intervals not exceeding one month, the Contractor and the Superintendent shall together

review the progress of the work under the Contract in comparison with the Reviewed Construction Program. Where required by the Superintendent, such review will be conducted as a site meeting between representatives of the Glenelg Shire Council and the Contractor held monthly or at shorter intervals as decided by the Superintendent. Reviews held as site meetings shall be chaired by the Superintendent or the Superintendent's nominated representative and minutes prepared by the representative of the Glenelg Shire Council and distributed to the Superintendent and the Contractor within fourteen (14) days of the meeting.

(e) Updating and Reporting on Construction Program

The Contractor shall maintain a complete record of the construction program and its changes on both computer disk and hardcopy, throughout the contract.

(i) The Contractor shall submit to the Superintendent updated construction programs:

1. at intervals not exceeding three (3) months during the Contract; or

2. within fourteen (14) days of any change to the critical path for the Works or any separable part of the Works.

3. within seven (7) days of a request to do so from the Superintendent including an explanation in writing of delays in execution of the work under the contract in comparison with the construction program.

(ii) Updated construction programs shall provide the same level of detail as the original Construction Program and shall:

1. show the "as built" program in respect of all work carried out to the time of updating;

2. be accompanied by a statement of the reasons for changes from the previously submitted Construction Program;

3. incorporate all extensions of time which have previously been then granted or allowed up to that time by the Superintendent pursuant to sub-clause 35.4;

4. be accompanied by a statement of any claims for extensions of time which have previously been notified by the Contractor in accordance with sub-clause 35.4 in respect of which the Superintendent is yet to determine.

(iii) Any updated construction program submitted in accordance with (i) above shall be reviewed by the Superintendent on the basis set out in item (c) above.

(f) Rate of Progress

Where the Superintendent at any time considers that the rate of progress is insufficient to ensure

completion of the Works or any separable part of the Works by the relevant Date for Practical

Completion, the Superintendent may direct the Contractor to submit within fourteen (14) days

written details of the intended procedure for the execution of the remainder of the work under

the Contract.





160.D2 ADVERSE WEATHER CONDITIONS

Time lost due to adverse weather conditions is defined for the purpose of this Contract as time lost

due to wet weather, fog, excessively hot, excessively cold and/or dangerously windy conditions and

to the effects of these adverse weather conditions, e.g. wet site conditions following rain.

The Contract period includes the following allowance for time lost due to adverse weather

conditions:

##(insert number of working days where applicable and strikeout inapplicable alternatives):

Whole of Works - 5: “working” days

Separable part A - ##: “working days

Separable part B - ##: “working days

Separable part C - ##: “working days

Separable part D - ##: “working days

*** This allowance is based on an 8 hour working day, 5 day working week and ##:includes / does not

include allowance for periods when works are suspended due to adverse weather.

The Contractor's site representative shall notify the Superintendent immediately of any time lost due

to adverse weather conditions and shall confirm such notification in writing within 7 days. This

confirmation shall provide details of the nature and extent of delays and the construction activities

affected. The Superintendent, if satisfied that the Contractor has taken reasonable steps to minimize

the period of delay, will certify at the end of each month an appropriate period of time lost and will

issue to the Contractor a monthly summary of certified time lost. The maximum period of time which

will be certified on any working day will be eight hours.

Where the Contractor is required to provide a construction program, only delays affecting critical

activities will be considered as time lost due to adverse weather conditions.

If the total period of time certified exceeds the total allowance for the Whole of Works or applicable

Separable Part of Works specified above, the Superintendent will, in accordance with the General

Conditions of Contract, grant an extension of time for completion of the Whole of Works or

applicable Separable Part of Works on the basis of one working day for each 8 hours of certified time

in excess of the allowance. No extension of time will be granted until the total excess period equals

8 hours or a multiple thereof. Periods of less than eight hours' duration shall accrue to form part of

any subsequent extension of time.

No additional payment for costs arising from extensions of time granted due to excess adverse

weather will be made.

160.D3 WORKING HOURS

Before commencing work under the Contract, the Contractor shall advise the Superintendent, in writing, the working hours proposed for the execution of the work under the Contract.

Further to the provisions of Clause 32 of the General Conditions of Contract:

(a) no work shall be carried out between Good Friday and Easter Monday inclusive, on any

Sunday, public holiday, or during the Christmas to New Year periods;

(b) no work shall be carried out on the site outside the period between 7.00 a.m. or sunrise,

whichever is the later, and 6.00 p.m. or sunset, whichever is the earlier;

unless otherwise specified or approved by the Superintendent.







PART E - PROSECUTION OF WORK

160.E1 SITE MANAGEMENT AND SUPERVISION ##(strikeout inapplicable requirements below):

(a) Site Supervision

The Contractor's site management, programming and program control, quality assurance and

methods of work shall be supervised daily by an experienced and qualified engineer. This

engineer shall possess the experience and qualifications which would be acceptable to the

Institution of Engineers Australia as satisfying the requirements for Corporate Membership,

including at least five years' experience in the relevant construction field.

(b) Site Survey

For the purposes of setting out the Works in conformity with the specification and drawings, the

Contractor shall engage an experienced ##and qualified surveyor. This surveyor shall possess

the experience and qualifications which would be acceptable to the ##Superintendent /

##the Institution of Surveyors, Australia as satisfying the requirements for Corporate or Associate

Membership or alternatively, possess the experience and qualifications which would be

acceptable for Membership to the Institution of Engineering and Mining Surveyors, Australia.

The surfaces and quantities measured by the Contractor under this Contract shall be made

available to the Superintendent ##in an electronic (ASCII) format.

(c) Landscape Supervisor

The Contractor shall nominate a Landscape Supervisor to be on site for the duration of all

landscape work. This person shall have a Landscape Trade Certificate (TAFE), equivalent

qualification or at least 2 years horticultural expertise on work of a similar size and scope.

Should the Contractor's site supervisory staff prove unsatisfactory with respect to progress, quality of

work and methods of work, the Superintendent may direct the Contractor to provide such additional

competent and experienced staff as may be necessary to ensure satisfactory progress of the Works

and that the quality and the methods of work are acceptable.

160.E2 PROVISIONAL ITEMS

(a) General

Prior to commencement of any works to be undertaken on provisional items, the Contractor shall obtain approval of the Superintendent for the works to proceed.

(b) Establishment of Daywork Rates

(i) Labour and Plant

Within fourteen days of a request by the Superintendent, the Contractor shall submit to the Superintendent for acceptance daywork rates for labour and plant not included in the Schedule of Daywork Rates and which are proposed to be employed for work included under this clause.

Where no Schedule of Daywork Rates was included in the tender documents, the

daywork rates submitted for acceptance by the Superintendent shall apply to all labour

and plant proposed to be used for the work.

The rates shall be submitted as hourly rates, or where daily rates are used, the hourly rate

shall be taken to be one-tenth of the daily rate. These rates shall also cover all overhead

administrative costs, all operator costs including site allowances, mobilisation costs, fuel,

servicing and profits, and if accepted shall be taken into account by the Superintendent in

making a determination pursuant to sub-Clause 40.3 of the General Conditions of Contract.







(ii) Materials

Within fourteen days of a request by the Superintendent, the Contractor shall submit to the Superintendent for acceptance, a charge rate to cover overheads, administrative costs, and profit for the supply of materials incorporated into the Works as part of directed

dayworks. The charge rate shall be expressed as a percentage and shall be applied to the actual costs of all material supplied and required for the work.

If the rates submitted by the Contractor are considered to be unacceptable, the

Superintendent will advise the Contractor accordingly within fourteen days after which the

Contractor shall resubmit within fourteen days amended rates for acceptance. If such rates are

still unacceptable, the Superintendent will set rates within twenty days of the submission of the

amended rates.

In setting the rates for labour, plant and materials the Superintendent will consider current

market rates, other contract rates for similar labour or items of plant doing similar work on other

contracts, the model, age and condition of items of plant proposed for use on the Works by the

Contractor and other relevant information and factors.

Daywork rates submitted with the tender will be subject to the relevant price adjustments

provided for in the Contract. Daywork rates submitted and accepted or set by the

Superintendent during the Contract will not be subject to price adjustment but may be

reviewed at periods not less than six (6) months.

Dayworks shall not proceed using labour, plant and material which do not have daywork rates

accepted or set by the Superintendent.

Labour, plant and materials used for urgent repairs in accordance with Clause 39 of the

General Conditions of Contract, and for which no daywork rates have been accepted or set by

the Superintendent, will be paid for in accordance with the provision of Clause 40 of the

General Conditions of Contract.

160.E3 CO-OPERATION

The Glenelg Shire Council reserves the right to perform work or award other contracts for work on or

adjacent to the site. The Contractor shall co-operate with all other contractors and other work forces

so as to avoid delay or hindrance to their work and to ensure that all work is performed expeditiously.

160.E4 STORMWATER DRAINS AND UTILITY SERVICES

(a) Location

Prior to commencing any of the work under the Contract, the Contractor shall obtain all

relevant information from the appropriate authorities concerning the location of stormwater

drains or other services which may be affected by the work under the Contract.

The Contractor shall make arrangements as necessary for representatives of appropriate

authorities to indicate on site the location of their assets.

(b) Alterations

Unless otherwise specified, the Glenelg Shire Council will arrange for stormwater drains and

services and installations affected by the work under the Contract to be altered in advance of

the work.

The Contractor shall make the necessary arrangements with the appropriate authority for any

fire plugs, valve boxes and manhole covers which require raising or lowering to match new

surface levels to be so raised or lowered.

The Contractor shall make the necessary provision for cutting and sealing any water or gas

services where required, and ensuring that all leaks and defects are stopped or repaired before

construction proceeds.





(c) Damage

The Contractor shall be responsible for any damage which has been caused to any stormwater

drain or service by any work or operation under the Contractor's control.

Where any damage is caused to work under the Contract by any fault that may develop in any

stormwater drain or service, the Contractor shall make arrangements with the appropriate

authority concerned for any repairs which may be necessary. The Contractor shall have no

claim against the Glenelg Shire Council for any loss or delay due to such damage.

160.E5 EXAMINATION AND TESTING OF MATERIALS AND WORK

(a) General

The Contractor shall be responsible for carrying out all examination and testing of materials and

work under the Contract in accordance with the requirements of the specification.

Unless otherwise specified, materials and workmanship shall comply with the relevant standard

of Standards Australia.

(b) Allowance for Testing in Construction Program

The Contractor shall make allowance in the construction program for the time necessary to

arrange for and to carry out examination and testing of materials and work.

(c) Notification

Where inspection of materials or work by the Superintendent or his representative is specified as

a hold point, or where a hold point is created by a nonconformance, at least 24 hours notice of

testing and/or inspection shall be given to the Superintendent.

(d) Tests

Unless otherwise specified, all tests shall be undertaken in accordance with the appropriate

VicRoads codes of practice and Standards Australia test methods as current at the time of

performance of the tests. Unless otherwise specified, all tests shall be conducted by

experienced testing officers in a laboratory accredited by the National Association of Testing

Authorities (NATA) for the test methods used under the Contract and all tests shall be endorsed

in accordance with the NATA registration for that laboratory.

Lists of current VicRoads codes of practice are available by subscription to the update service

by VicRoads Bookshop.

For materials sampling, the Contractor may nominate a Certified Construction Materials Tester

certified and registered by NATA for the sampling involved.

(e) Test Results

The Contractor shall submit to the Superintendent a monthly summary, or if requested by the

Superintendent a weekly summary, of testing undertaken. The summary shall include details of

all tests undertaken, the result of each test and sufficient additional information to demonstrate

that the specified minimum frequency of testing is being complied with.

The summary of test results shall be submitted to the Superintendent by the second day of the

week following the relevant period.

(f) Calibration

All test equipment used for tests, carried out in accordance with Clause 160.E5(d) above, shall

be calibrated by a laboratory accredited by NATA for the particular calibration method.







160.E6 SUPPRESSION OF DUST

The Contractor shall take measures necessary to keep airborne dust to a minimum.

If the Contractor fails to achieve adequate dust control, particularly where the safety and

convenience of the public are affected, the Superintendent may take any action necessary and

deduct the cost of such action from moneys due or becoming due to the Contractor.

The Superintendent may direct the suspension of work at any time where that work creates a dust

hazard or nuisance to the public, personnel working on the site or property such as crops, stock and

houses in the vicinity of the work. Where the Superintendent has directed a suspension of work and

considers that the Contractor could not have been expected to have adequately controlled the

dust, the Superintendent may consider an extension of time pursuant to the General Conditions of

Contract. No claim for increased costs due to such suspension will be considered.

160.E7 LIMITATION OF GROUND VIBRATION DURING CONSTRUCTION

For work near existing buildings, structures and underground services, construction methods shall be

adopted which will minimize ground vibrations. These ground particle velocities shall be measured

by the Contractor immediately adjacent to the underground service.

The Contractor shall use measuring equipment capable of providing a direct reading of the

maximum instantaneous peak particle velocity which is the vector sum of the three orthogonal

ground vibration components detected by a geophone with transducers oriented along three

mutually perpendicular axes. The equipment shall have a frequency response in the range

5 to 250 Hz with a dynamic response sufficient for the vibration levels to be measured (usually in the range 0.1 to 50 mm.sec-1) with a maximum absolute error of ±10% for any reading within the

frequency response range.

The Contractor shall adopt construction methods that maintain the measured peak particle

velocities at a level that will not cause damage to adjacent buildings or services.

The Contractor shall bear all costs associated with any claim for damages resulting from the effects

of ground vibration directly caused by the Contractor's construction methods. The cost of such

damage shall be in addition to damage caused by other action attributed to the Contractor's work.

160.E8 TRENCHING OR PIT EXCAVATION

In addition to complying with the requirements of the Mines Act 1958 and the Code of Practice for

Safety Precautions in Trenching Operations, and relevant subordinate regulations, the Contractor

shall provide to the Superintendent at least seven days prior to commencing the excavation of any

trench (or pit) which will be 1.5 m or more in depth, the name of the nominated supervisor of the

trench and a copy of the Notice of Intention to Excavate. Complete details of the proposed

method of construction, including the proposed measures for the protection of employees from the

possible hazard of moving ground shall be detailed.

160.E9 BLASTING ##(strikeout (a) or (b) below as appropriate):

(a) Blasting shall not be undertaken in the execution of the work under the Contract.

(b) Blasting may be permitted in the execution of the work under the Contract.

Unless otherwise consented to by the Superintendent, no explosives shall be manufactured or

charges loaded before 7.00 a.m. or after 3.00 p.m. or on any day other than an ordinary

working day and no charge shall be primed and no shot fired before 9.00 a.m. or after 3.30 p.m.

The Contractor shall give occupants of nearby buildings and structures, and owners of

underground services adequate notice of intended blasting. Prior to blasting the Contractor

shall arrange with occupants and the owners of underground services for any necessary

protection of persons, property or livestock.





160.E10 WASTE MINIMIZATION

The Contractor shall carry out all works under the Contract to minimise waste materials and wherever

possible recover, recycle or re-use any wastes.

160.E11 DRAINAGE OF WORK SITE

The Contractor shall at all times provide for the safe discharge of seepage, drainage and stormwater

during the execution of the works under the Contract.

160.E12 ENVIRONMENTAL MANAGEMENT

The Contractor shall include in its Quality System a system element covering environmental

management. The Contractor shall incorporate into its Quality Plan for this Contract an element to

manage the environmental effects of the work. This element shall consist of an environmental

management plan that considers, but is not necessarily confined to, air pollution, water pollution,

noise, waste, soil contamination, sediment control and the preservation of habitat and identified

historic and archaeological sites.

The plan should be developed with reference to the Environment Protection Authority’s

Publication No. 480, “Environmental Guidelines for Major Construction Sites” and must demonstrate,

as a minimum, compliance with the requirements of the “Catchment and Land Protection Act 1994”,

the “Environmental Protection Act 1970”, other Acts of Parliament, Regulations and State

Environmental Protection Policies. In addition the Contractor will abide by all Ordinances, By-laws

and any specific requirements of the responsible authorities for the administration of these Acts,

Regulations, Ordinances and By-laws.

The costs of compliance with these requirements shall be deemed to be included in the contract

sum.







PART F - OFF-SITE

160.F1 INSPECTION OF PROPERTY

Prior to the commencement of work, the Superintendent may arrange for a joint inspection of

buildings adjacent to the site, to be made by representatives of the Glenelg Shire Council, and the

Contractor. The condition of the buildings will be recorded for comparison purposes after the

completion of the Contract period.

Any damage caused to the building due to the Contractor's use of inappropriate methods or

negligence will be the responsibility of the Contractor.

160.F2 WORK IN PRIVATE PROPERTY

Where the Contractor is authorised by the Superintendent to enter private property to carry out work

under the Contract, the Contractor shall give the occupier of the land 7 days notice of intention to

enter or to remove any fence and shall also erect any temporary fencing that may be necessary.

Entry shall be by a gate, or gates to be erected by the Contractor which shall be kept securely

locked when not in use. Where fences are rabbit proof, the gates erected shall also be made and

kept rabbit proof, and the Contractor shall be responsible and liable for the trespass of vermin.

160.F3 CLEARANCES FROM LANDOWNERS AND OCCUPIERS

Before final payment is made, the Contractor shall produce written clearances from all landowners

and occupiers whose properties have been entered by the Contractor or the Contractor's

employees or agents, for the purpose of carrying out work under the Contract, to certify that the

landowner and occupier have no claim against the Glenelg Shire Council for any loss or damage

due to the Contractor's operations and that the land and improvements have been left in a

satisfactory condition.

160.F4 USE AND CARE OF ROADS

The Contractor shall be responsible for repair of damage caused to any roads, bridges or other

structures by transporting material under the Contract. The Contractor is advised that VicRoads and

municipal councils have power under their respective Acts to recover the cost of repair of damage

to roads. If requested by the Superintendent, the Contractor shall submit clearances from municipal

and other authorities concerned before the Final Certificate is issued. In respect of repair of damage

to roads, the Contractor will be deemed when tendering:

(a) to have inspected the roads used for transport;

(b) to have acquired, by consultation with the municipal or other authorities concerned,

knowledge of the roads and any existing or likely restrictions upon their use which could affect

the transport proposals;

(c) to have assessed the possibility and extent of any damage to the roads which may be caused

by transport under the Contract;

(d) to have made due allowance for the effects of such restrictions and for the cost of rectification

of such damage in accordance with the requirements of the authorities concerned.

160.F5 WORKS AFFECTING WATERCOURSES

Before obstructing or diverting any waterway, stream or channel for construction purposes, the

Contractor shall obtain the written approval of the relevant authority to construct the obstruction or

diversion. The Contractor shall observe any special requirements the relevant authority may include

as part of the written approval.

Where requested by the Superintendent, the Contractor shall produce a written declaration from the

relevant authority that the waterway, stream or channel has been left in a satisfactory condition at

the completion of the construction work.

160.F6 FAILURE TO LODGE SECURITY DEPOSIT AND RETURN OF EXECUTED CONTRACT DOCUMENTS

No contract payments will be made until the executed Contract documents and security have been

lodged with the Corporation.





SECTION 165 - PROCUREMENT OF ROADMAKING MATERIALS

165.01 DESCRIPTION

This section covers the requirements for the procurement of roadmaking materials such as filling,

pavement materials and topsoil from sources other than established commercially-operated quarries

or pits.

165.02 RESPONSIBILITY FOR PROCUREMENT

Unless otherwise specified the Contractor shall be responsible for the procurement of sufficient

material to complete the work under the Contract.

165.03 OPERATION OF QUARRIES AND PITS

Before commencing operations in any quarry or pit whether newly opened or previously used and

whether on private land or otherwise, the Contractor shall obtain from relevant bodies such as local

planning authorities and Government departments any necessary planning permits for the use of the

land as a quarry or pit and any necessary licence, permit, lease or consent for removal of material.

Before commencing operations, the Contractor shall submit all necessary permits, licences, leases or consent forms to the Superintendent for review.

165.04 MATERIAL FROM PRIVATE LANDS

(a) Contractor Nominated Source

Where the Contractor proposes to obtain material from private lands by agreement with the

owner, the Contractor shall obtain the written agreement of the owner. The written agreement

shall indicate the agreed conditions of entry, removal and rehabilitation.

The Contractor shall be responsible for the payment of compensation for the removal and

transport of the material and for the rehabilitation of affected areas.

Prior to commencing operations, the Contractor shall make available for review by the

Superintendent the written agreement of the owner.

Before final payment is made, the Contractor shall produce to the Superintendent a written

declaration from the owner and the occupier that all claims for compensation have been paid

and that the land has been left in a satisfactory condition.

(b) Glenelg Shire Council Nominated Source

The Glenelg Shire Council may, pursuant to Section 42 of the Transport Act and Section 75 of the

Lands Acquisition and Compensation Act 1986, issue to the Contractor an authority to enter

land for the purpose of obtaining material for the work under the Contract. Arrangements with

the owner and the occupier will be made by the Superintendent and payment of

compensation for material removed will be made by the Glenelg Shire Council. The following

provisions shall also apply:

(i) The Contractor shall give the Superintendent at least ten days notice in writing of an

intention to enter the land, to enable the Superintendent to inform the owner or occupier.

(ii) The Superintendent will advise the Contractor of arrangements made with the owner and

the occupier in relation to access, gates and fencing.

(iii) The Superintendent will advise the Contractor regarding the location, construction and

use of any access track or approach road, the manner in which any excavation is to be

worked and the parts of the land from which material is to be taken.

(iv) The Superintendent will advise the Contractor regarding the manner in which the

disturbed areas are to be rehabilitated.





(v) The Contractor shall be responsible for settlement of all claims

by the owner and the occupier for damages arising from the Contractor's

negligence or use of inappropriate methods.

165.05 MATERIAL FROM CROWN LANDS

No material required for the work under the Contract shall be taken from any Crown lands, road

reserve, river, creek or watercourse without the written approval of the relevant authority.

Where the Contractor proposes to obtain material from any of the

aforementioned sources, the Contractor shall make available for review by the

Superintendent the written approval of the relevant authority before any material

is taken.

Access through private property to a pit or quarry on Crown Lands shall be arranged with the owner

in accordance with the relevant provisions of Clause 165.04(a).

Before final payment is made, the Contractor shall produce to the Superintendent a written

declaration from the relevant authority that all claims for compensation have been paid and that

the land has been left in a satisfactory condition.

July 1998 (last updated July 1996)






SECTION 166 - TRAFFIC MANAGEMENT

166.01 DESCRIPTION

This section covers requirements where the Contractor is solely responsible for traffic management.

166.02 GENERAL

Unless otherwise specified, the Contractor shall make provision for traffic, including pedestrians, in

accordance with this section and the relevant parts of the VicRoads Worksite Traffic Management

(Roadworks Signing) Code of Practice, hereinafter referred to as the Code. The Contractor shall

make such provision for traffic notwithstanding anything contained in the General Conditions of

Contract and without derogating in any way from the Contractor's obligations pursuant to the

General Conditions of Contract and in particular from the Contractor's obligations pursuant to

Clause 15 of the General Conditions of Contract. When the Contractor does not already have a copy, the Superintendent will provide the Contractor,

on request, with one copy of the Code for use during the Contract. This copy shall be retained on

the site and returned to the Superintendent on completion of the Contract. For the purpose of

applying the Code a reference therein to VicRoads shall be taken as a reference to the Contractor

subject to such modification as the context may require. The Contractor shall submit, before commencing any part of the work, details of the proposed provisions for traffic to be provided during the Contract for review by the Superintendent. The number, type and location of signs and devices shall be not less than the standards set out in the

Code as applicable and shall also meet the requirements of this section. Should circumstances arise which are not adequately covered by the Code or this section, the Contractor shall submit alternative proposals to the Superintendent for review prior to works

proceeding. Work shall not commence or continue at any location until all appropriate signs and devices such as

lamps, barricades, traffic control apparatus and the like are in place, side tracks have been

constructed where required and line marking completed where required. At all times when the Contractor's employees are on site, the Contractor shall render immediate

assistance without charge to any person whose lawful passage through a work area may be

obstructed or made difficult by or as a result of the Contractor's operations. Unless otherwise approved, when work is not being performed on the site, traffic shall not be carried

through that works zone or works area on side tracks, detours or part widths of the existing pavement.

166.03 SIGNS AND DEVICES

Unless otherwise specified, the Contractor shall supply all signs and devices required to complete the

work covered by this section. Signs and devices shall comply with the relevant requirements of the Code together with the

following additional requirements: (a) Pavement Markers Pavement markers shall comply with the requirements of AS 1906, Retroreflective Materials and

Devices for Road Traffic Control Purposes, Part 3 - Raised Pavement Markers (Retroreflective and

Non Retroreflective). The adhesive used to fasten them to the pavement shall comply with the

requirements of Section 853.







(b) Retroreflective Sheeting

Retroreflective sheeting used on any sign or device shall comply with the requirements of

AS 1906, Retroreflective Materials and Devices for Road Traffic Control Purposes, Part 1 -

Retroreflective Materials, for Class 2 material, except that the coefficient of luminous intensity

shall be not less than 50% of the values given in Table 2.2 of AS 1906, Part 1, for each designated

colour when tested in the cleaned condition.

(c) Signs

Dirty, illegible, damaged or faded signs shall not be used if there is any doubt that the message

or intent of the sign is unclear or confusing to road users. The Contractor shall clean, replace or

renew all signs as required to ensure legibility and luminous intensity.

166.04 STORAGE OF PLANT AND EQUIPMENT

When not in use, the Contractor shall be responsible for the safe storage of plant and equipment

clear of the travelled path. Wherever possible, plant and equipment shall be stored not less than 3 m

from the edge of the traffic path in urban areas and not less than 5 m in rural areas. If it is not

possible to provide such clearance, the plant and equipment shall be moved from the Works area to

a suitable storage site or be protected by suitable signs, lights and devices.

166.05 CARE OF AREAS USED BY TRAFFIC

The Contractor shall be responsible for ensuring that the pavement and shoulders being used by

traffic within the Works area are in a safe and trafficable condition.

Any material which has fallen on any travelled path as a result of the Contractor's transportation or

other operations and any material stored near the travelled path which could constitute a hazard to

traffic shall be removed by the Contractor immediately.

166.06 ACCESS TO SIDE ROADS AND ABUTTING PROPERTY

Construction operations shall be conducted in such a manner as to minimise inconvenience to

abutting property owners. Unless otherwise specified, access to properties and side roads shall be

maintained at all times wherever practicable other than when the works present a traffic hazard or

the work would suffer damage as a result of the passage of traffic.

Where the Contractor proposes to restrict access to abutting properties as a result of the Contractor's

operations, the Contractor shall provide a minimum of 24 hours notice to the affected property

owner/occupier.

Access shall not be denied to any abutting property outside the customary working hours.

166.07 OPERATIONS AFFECTING TRAFFIC

(a) General

Unless otherwise specified, the Contractor shall so conduct the operations as to minimize

obstruction and inconvenience to the public, and shall not have under construction any greater

length or amount of work than can be managed properly with due regard to the convenience

of the public.

If the intermingling of construction plant with traffic is unavoidable the intermingling shall be

minimised at all times.







Unless otherwise specified, the Contractor shall: (i) provide a minimum safe working width for the Contractor's construction plant plus an

absolute minimum clearance to the edge of the traffic path of 1.2 m; (ii) provide a minimum one way clear travel path width for traffic of not less than 3.5 m for

one-way operation and 7 m for two-way operation; (iii) not work on any part of a carriageway during peak traffic flows unless such work is so

conducted that it does not cause any additional delays to traffic than if the work was not

done; (iv) locate the longitudinal joint(s) for pavement construction and/or cold planing works at

either the traffic lane line(s) or at the centre of the traffic lane(s) or as specified in

Clause 407.17(c) for asphalt paving. The shoulder (sealed or unsealed) may be used as part of the travelled path subject to the

agreement of the Superintendent. (b) Earthworks and Pavement Construction Unless otherwise approved by the Superintendent, earthworks and pavement construction shall

proceed only in areas clear of travelled paths and footpaths. Where construction is being carried out over part of the carriageway width, the following

conditions shall apply: (i) Steps or batters within 1.5 m of the travelled path of the carriageway shall be delineated

as specified in the Code. Where the step or batter forms a drop in level of more than

200 mm at a slope steeper than 1 in 6, barricades shall be used in addition to delineation. (ii) Where the level difference is in the form of a step or batter of less than 80 mm and is

between the travelled paths, such step or batter shall be removed before the close of

work each day and the full width of carriageway made available to traffic overnight. The

removal of such step or batter shall be effected by shaping to a crossfall not steeper than

1 in 10. (iii) Unless otherwise specified, prior to the close of work each day all steps between layers of

unbound pavement material being placed shall be tapered to a slope not steeper than

1 in 10. (c) Footpaths and Pedestrian Walkways Unless otherwise specified, temporary footpaths or pedestrian walkways within the work zone

shall be not less than 1.5 m wide, shall have a firm, even and free draining surface and shall be

free from steps and obstructions.

166.08 DETOURS AND SIDE TRACKS

(a) Side Tracks

HP Traffic shall not be diverted on to any side track until permission to use such side track has been

given by the Superintendent.

(b) Detours Unless otherwise specified, traffic shall not be detoured on to roads outside the works zone.

Prior to the issue of the Final Certificate, unless otherwise specified, detours and side tracks used or

constructed during the Contract shall be restored to the condition existing at the time of

commencement of the work under the Contract. Where the Contractor is responsible for the

restoration of detours and side tracks the Contractor shall produce from the local authorities or

landowners concerned clearances in writing stating that such detours and side tracks have been

restored to their satisfaction. Where the Glenelg Shire Council as well as the Contractor has some responsibility for the restoration

of any detours or sidetracks, the Contractor shall not commence any restoration work until the Contractor has submitted details of the work to be undertaken to the Superintendent for review.





166.09 VERTICAL CLEARANCE FOR BRIDGEWORKS OVER ROADWAYS

(a) General

The Contractor shall provide a minimum vertical clearance for all structures over roadways in

accordance with Part 2 of the VicRoads Road Design Guidelines. Notwithstanding the above, a

temporary minimum clearance of 4.5 metres may be provided over roads during construction

subject to the approval of the Superintendent.

Where the vertical clearance during construction is less than the specified design clearance in

the VicRoads Roads Design Guidelines, the Contractor shall design, supply, erect and maintain

temporary low clearance warning gauges in advance of the bridgeworks. The location, type

and details of all low clearance warning gauges shall comply with the requirements of AS1742.3

and this specification taking into account the safety of bridge workers and other traffic, traffic

volume and types of vehicles using the road, and suitable detours for high vehicles. In addition,

the Contractor shall provide bridge clearance signs in accordance with AS1742.3.

(b) Protection Level

The following defines the various protection levels that will apply to each specific structure as

specified in Table 166.091.

(i) Protection Level 1

Three low clearance warning gauges shall be erected in advance of bridgeworks. The

first low clearance warning gauge approached by traffic shall be an electronic infra-red

warning system (or similar) linked to flashing lights, flashing message signs and an audible

alarm which is activated when the over dimensional vehicle exceeds the available

clearance. The second low clearance warning gauge shall be a non-rigid physical barrier

designed to impact with over dimensional vehicles but not restrain the passage of the

vehicle. The third low clearance warning gauge shall be a semi-rigid physical barrier

designed to impact more severely and partially restrain over dimensional vehicles. Low

clearance warning gauges shall be designed to withstand the anticipated impact loads

and not endanger the travelling public as a result of impact.

(ii) Protection Level 2

Two low clearance warning gauges shall be erected in advance of bridgeworks. The first

gauge approached by traffic shall be a non-rigid physical barrier designed to impact with

over dimensional vehicles but not restrain the passage of the vehicle. The second low

clearance warning gauge shall be a semi-rigid physical barrier designed to impact more

severely and partially restrain over dimensional vehicles. Low clearance warning gauges

shall be designed to withstand the anticipated impact loads and not endanger the

travelling public as a result of impact.

(iii) Protection Level 3

One low clearance warning gauge shall be erected in advance of bridgeworks. This low

clearance warning gauge shall be a non-rigid physical barrier designed to impact with

over dimensional vehicles but not restrain the passage of the vehicle. Low clearance

warning gauges shall be designed to withstand the anticipated impact loads and not

endanger the travelling public as a result of impact.

(c) Warning Gauges

The location of low clearance warning gauges shall be in accordance with the requirements of

AS1742.3 and also take account of traffic speeds and the geometric constraints of the site.

All low clearance warning gauge installations shall include protection of the columns by means

of concrete New Jersey Barriers. New Jersey Barriers shall incorporate an approach taper of

10 to 1 commencing outside the clear zone for the road.





Means of regulated access for high vehicles beyond the low clearance warning gauges shall

be provided if practicable and required by local traffic.

Vertical clearance below low clearance warning gauges shall be 0.1 metres less than the

clearance below the structure.

HP Details of the low clearance warning gauge proposal shall be submitted to the Superintendent for review at least 2 weeks, or the period specified herein, prior to the commencement of installation.

The Contractor shall remove low clearance warning gauges and bridge clearance signs at the

earliest possible time after the completion of the works. The Contractor shall arrange and

provide traffic management during erection and removal of the low clearance warning

gauges.

(d) Schedule of Details

Table 166.091

Structure Location Minimum

Protection Level Required

Time for Review

by Superintendent

N/A: ##: ##:







SECTION 201 - SITE CLEARING

201.01 DESCRIPTION

This section covers the requirements for site clearing and grubbing and for the management of the

materials generated.

201.02 DEFINITION

Clearing and Grubbing Clearing and grubbing is the removal within specified limits of: (a) vegetation such as trees, tree stumps, tree roots, logs, brush, noxious weeds and decayed

vegetable matter; and (b) refuse such as pole stumps, rubbish dumps and sawdust piles resting on or protruding from the

ground surface; and (c) obstructions such as concrete paving, concrete edgings, drainage pits, foundations, fences

and disused structures, but not underground obstructions such as drainage pipes, service

conduits and fuel tanks.

201.03 LIMITS OF WORK

Unless otherwise specified, the limits of clearing and grubbing shall be: (a) the whole length between the following chainages: *** ##(restrict this entry to one typed line): (b) the whole width between the outside edges of any batters, including any roundings, together

with a further horizontal distance of 1 m beyond the outside edges of batters but not beyond

the road reserve boundary or, where catch drains are required, to the outside edges of catch

drains; (c) not more than the width required for completion of the work under the Contract.

201.04 CLEARING

Unless otherwise specified, the area within the specified limits shall be cleared of all vegetation,

refuse and obstructions down to natural surface. The Contractor shall not undertake any clearing

work or any type of disturbance outside the of the specified limits of work unless approved by the

Superintendent. Trees shall be brought down in such manner as to avoid danger to personnel and traffic or damage

to other trees, shrubs, structures or property outside the area being cleared or designated to be

retained within the area being cleared. Where the road passes through Crown Land or State Forest, royalties are payable by the Contractor

to the Division of Forests of the Department of Conservation and Environment of Victoria for all timber

which in the opinion of the Division of Forests is suitable for milling or for other commercial use. Tree branches extending over the carriageway shall be trimmed to provide a clearance of at least

6 m above the carriageway surface. Where whole branches are to be removed, the Contractor

shall use the three cut method which requires: (a) the under cut;

(b) the upper cut (further away from the trunk than (a) above) to remove the branch; and

(c) the final trim cut which is to be cut close to the main trunk but outside the branch collar.





201.05 GRUBBING

In areas where excavation will be made, all vegetation, refuse and obstructions shall be totally

grubbed or grubbed to a depth of not less than 0.3 m below the subgrade and batters, whichever is

the lesser treatment. In areas to be covered by embankments, all vegetation, refuse and obstructions shall be grubbed to

a depth of not less than 0.3 m below the stripped surface or not less than 0.6 m below the finished

surface of the subgrade, whichever is the lesser treatment. In areas to be covered by embankments

exceeding 1 m in height, foundations may remain if located or cut off not more than 0.4 m above

the natural surface but not less than 1 m below subgrade. Pits which are no longer required shall be removed or broken back to a depth not less than 0.3 m

below the finished surface of the subgrade. Remaining pipe openings shall be sealed with concrete.

Any remnants of pits shall be backfilled with material and compacted to a density ratio of not less

than 95%. The calculation of density ratio shall be based on Standard compactive effort. Holes resulting from grubbing shall be backfilled with material similar to the surrounding material and

compacted to the same degree as the surrounding material.

201.06 CLEARING AND GRUBBING AT BRIDGE AND CULVERT SITES

Unless otherwise shown on the drawings, trees and stumps within 10 m of any portion of a proposed

bridge, or proposed culvert having a waterway area greater than 6 m2, shall be cleared and

grubbed. Clearing and grubbing at bridge and culvert sites shall conform to the other relevant requirements of

this section.

201.07 DISPOSAL OF MATERIALS

(a) General Unless otherwise specified any salvageable materials shall become the property of the

Contractor. Works under the Contract shall be carried out to wherever possible re-use materials

generated from clearing and grubbing operations within the works area. Any materials which

cannot be re-used on site shall be removed from the site. Disposal of material by burning on site or burying of materials on site shall only be carried out

when permitted by the relevant authorities and approved by the Superintendent. (b) Trees Tree trunks and large branches shall be removed from the site. Small tree branches, shrubs and leaves, excluding noxious weeds, shall be disposed of by

chipping and mulching to form mulch. (c) Concrete, Bituminous and other Recyclable Materials The Contractor shall dispose of salvaged concrete, bituminous materials of size greater than

50 mm and other recyclable materials at approved recycling establishments.

201.08 SURVEY MARKS

During clearing and grubbing operations, care shall be taken not to disturb any survey marks.

201.09 DAMAGE TO FENCES

Any damage to fences shall be repaired immediately by the Contractor to a condition at least

equal to that existing before damage and no additional payment will be made for this work.





201.10 PROTECTION AND REMOVAL OF EXISTING VEGETATION

(a) Protection of Existing Vegetation

Prior to commencement of any work, the Contractor and the Superintendent shall conduct a

joint inspection of the site to identify vegetation to be retained and protected.

Existing trees, shrubs, native grasses and groundcovers and other areas of existing vegetation

marked as ‘to be protected and/or retained’ on the Drawings or as directed by the

Superintendent shall be protected by temporary fencing and incorporated into the works by

the Contractor.

No earthworks, travel of equipment or storage compounds shall be established within 5 metres

of the drip line of mature trees of trunk diameter greater than 200 mm.

Construction of table drains within the drip line of roadside trees shall be undertaken with no

disturbance beyond the line of the table drain and no damage to the canopy of the trees.

(b) Protective Fencing

Protective fencing shall consist of, as a minimum, star pickets with three strands of wire (top,

middle and bottom) and parawebbing.

201.11 SALVAGE OF VEGETATION

The Contractor shall co-operate with the Glenelg Shire Council and its agents by co-ordinating works

under the Contract with activities involving the salvage of plants and the collection of cuttings and

available seed from areas of native vegetation on the site.







SECTION 210 - GEOTEXTILES IN EARTHWORKS

210.01 GENERAL

This section covers the requirements for the supply, handling and placing of geotextiles as a

separation layer, or as a separation and filtration layer, in earthworks at locations shown on the

drawings or specified.

210.02 SUPPLY OF MATERIALS ##(strikeout (a) or (b)):

(a) Geotextiles required to complete the work under the Contract will be supplied free on ground

at the work site, or at another agreed location. The Contractor shall give at least 14 days notice

in writing of the required date for the delivery of geotextiles. Following acceptance of delivery,

the Contractor shall become responsible for the geotextiles and ensure that the geotextiles are

kept clean and undamaged and stored away from direct sunlight until covered. Any

damaged or improperly stored geotextiles will be replaced by the [MUNICIPALITY] and the cost

will be deducted from moneys that become due to the Contractor.

(b) The Contractor shall supply the geotextiles specified in Clause 210.07 in accordance with the

requirements of Clause 210.03. After delivery of the geotextiles to site, the Contractor shall

ensure that the geotextiles are kept clean and undamaged and stored away from direct

sunlight until covered. Any damaged or improperly stored geotextiles shall be replaced by the

Contractor.

210.03 PROPERTIES OF GEOTEXTILES

(a) General

The geotextile shall consist of woven or non-woven fabric manufactured from synthetic fibres of

a long chain polymer such as polypropylene, polyethylene, polyester or similar. The geotextile

shall be stabilised against deterioration due to ultra-violet light. After forming, the geotextile shall

be processed so that the fibres retain their relative positions with respect to each other. The

geotextile shall be free from defects or flaws which significantly affect its physical and/or filtering

properties.

(b) Robustness

The geotextile shall have a robustness (Geotextile Strength Rating - G) complying with the

requirements of Table 210.031.

Table 210.031 Classification Robustness (G)

Moderately Robust 900 - 1350

Robust 1350 - 2000

Very Robust 2000 - 3000

Extremely Robust Greater than 3000

G = ( L x h 50 )0

G = Geotextile Strength Rating

L = Plunger failure load (N) as determined by AS 3706.4

Determination of Burst Strength; CBR Plunger Method

h50 = Normalised drop height (mm) as determined by AS 3706.5

Determination of Puncture Resistance; Drop Cone Method





(c) Equivalent Opening Size

Where specified in Clause 210.07 as a separation/filtration material, both woven and

non-woven geotextiles shall have an equivalent opening size between 85 and 230 microns. The

equivalent opening size determination shall be carried out in accordance with AS 3706.7

(Determination of Pore Size Distribution - Dry Sieving Method).

210.04 PREPARATION

Unless otherwise specified, prior to placing any geotextiles the Contractor shall excavate the surface

material to the depth shown on the drawings. The area shall then be trimmed to provide a uniform

surface freely draining to points clear of the road formation.

Where the surface to be trimmed becomes unstable due to the Contractor's negligence or use of

inappropriate methods, the Contractor shall treat in situ or remove and replace the unstable material

to its original condition and no additional payment will be made for this work.

210.05 PLACING GEOTEXTILES AND BACKFILLING

(a) General

The Contractor shall roll out the specified geotextile to the limits shown on the drawings or

specified. The geotextiles shall be subject to a visual inspection during placing and any rolls with

imperfections shall not be used. All joints shall be overlapped or sewn in accordance with

requirements specified in Clause 210.07. Geotextiles shall be covered by filling within 24 hours of

placement.

(b) Type B (Common) Filling

Unless otherwise specified, the Contractor shall supply and place over the geotextile common

filling of maximum particle size of not more than 150 mm and moisture ratio of not less than 85%

as determined by test using the Standard compactive effort. The initial layer of common filling

shall be placed and compacted to the maximum density practicable without causing further

instability in the underlying materials upon which the geotextile has been placed. Subsequent

layers of common filling shall also be placed to the maximum density practicable until stability is

achieved and a layer satisfies the test rolling requirements specified in Section 204 as

applicable. Any remaining layers of filling to be placed above the stable layer shall be placed

and compacted in accordance with the requirements of Section 204 as applicable.

(c) Permeable Filling

Where shown on the drawings or specified, the Contractor shall supply and place permeable

filling of the depth specified in Clause 210.07, over the geotextile. The permeable filling shall

comply with the requirements of Clause 210.06 and have a moisture content compatible with

achieving maximum density practicable. The initial layer of permeable filling shall be placed

and compacted to the maximum density practicable without causing further instability or loss of

shape to the trimmed surface upon which the geotextile has been placed. Any subsequent

layers of permeable filling shall also be placed to the maximum density practicable until the full

depth of permeable fill specified has been placed.

Following placement of the specified depth of permeable filling, a second layer of geotextile

shall be placed as specified to completely enclose the permeable filling before placement of

common filling commences.







210.06 SUPPLY OF PERMEABLE FILLING ##(strikeout (a) or (b)):

For the purpose of this section, permeable filling shall be:

(a) Permeable filling complying with the requirements of Section 204.

(b) Permeable filling consisting of hard, durable and clean sand or gravel, or crushed stone from a

source rock with a Los Angeles Abrasion Loss of not more than 45. Unless otherwise specified,

the filling shall have maximum particle size not exceeding 19 mm and a permeability not less

than 10-2 cm/sec when compacted to a density ratio value of 100% based on Standard

compactive effort.

210.07 SCHEDULE OF DETAILS

*** (a) Supply of Geotextiles (Clause 210.02)

Classification Overlap Requirements

Type

(i) Separation Only ##: ##: mm ##:

(ii) Separation/Filtratio

n

Very Robust 1000 mm Non Woven

*** (b) Permeable Filling (Clause 210.05(c))

Depth ##: m







SECTION 701 - UNDERGROUND STORMWATER DRAINS

701.01 DESCRIPTION

This section covers the requirements for the supply, delivery, transport, and installation of

underground stormwater drains, hereinafter referred to as culverts, together with the construction of

inlet and outlet structures (endwalls, catchpits, stilling basins, etc.), the erection of marker posts, and

the removal and/or relaying of existing culverts, all as shown on the drawings, or as specified.

701.02 MATERIALS

(a) Culvert Sections

Culvert sections shall comply with the following Australian Standard or VicRoads Specifications

as applicable:

Precast reinforced concrete drainage pipes AS 4058

Precast reinforced concrete box culverts VicRoads Specification

Section 619

Rubber joint rings AS 1646

Corrugated steel pipes, pipe arches, and arches

AS 2041

Helical lock-seam corrugated steel pipes AS 2041

Fibre reinforced concrete pipes AS 4139

(b) Aggregates for Precast Reinforced Concrete Pipes

Aggregates for RC pipes shall comply with the following requirements:

Table 701.021

Property Relevant

Standard and

Clauses

Test Limits for Product Acceptance

General Requirements

1. Particle density AS 2758 1-8.1 Greater than 2100 kg/m3

2. Bulk density AS 2758 1-8.2 Greater than 1200 kg/m3

3. Water absorption AS 2758 1-8.3 Less than 2.5% for Coarse

Less than 1.0% for Fine

Dimensions

1. Grading AS 2758 1-9.1

Tables 1, 2 and 3

Single-sized aggregate

Coarse and fine

Material finer than 75 microns AS 2758 1-9.2.1 Coarse 2% max., Fine 5% max.

2. Particle shape AS 2758 1-9.3 10% max. at 3:1 ratio for misshapen,

flat and elongated

Table 701.021 continued on next page





Table 701.021 (continued)

Property Relevant

Standard and

Clauses

Test Limits for Product Acceptance

Durability

1. Los Angeles Value AS 1141.23 35% maximum

2. Unsound Stone Content AS 1141.30 Unsound stone content: 5% maximum

Total of unsound stone and marginal

stone: 10% maximum

Impurities

1. Organic impurities AS 2758 1-14.1

Colour No. 3

Not darker than the Standard Reference

Colour No.3

2. Sugar AS 2758 1-14.2 Less than 1 part in 10,000

3. Alkali-Reactivity AS 2758 1-14.3.1 a. Satisfy hand petro. exam.

b. Plot as non deleterious

AS 2758 1-12.3.1 c. .05% Expansion/3 months

4. Soluble salts (% to cement

mass)

AS 2758 1-14.4

BS 812.4

5.0% max. Sulphate salts

0.1% max. Chloride salts, British Standard

(c) Bedding and Backfill Materials Unless otherwise specified materials used for bedding and selected backfill shall be free from

perishable matter and lumps or balls of clay or other deleterious matter and shall consistently

conform with the appropriate requirements of Table 701.022 and Table 701.023 below. Ordinary backfill shall be free from perishable matter and shall conform with the requirements of

Table 701.022.

Table 701.022 Material Sieve Size - AS (mm)

75.0 37.5 19.0 2.36 0.075

Percentage Passing (by mass)

Bedding - - 100 - 5-40

Selected Backfill

- 100 - - 5-40

Ordinary

backfill

100 - - 40-100 -

Table 701.023 Test Test Value

Plasticity Index (Max) 20

(d) Concrete Unless otherwise specified or shown on the drawings, concrete for incidental construction shall

comply with the requirements of AS 3600 - Concrete Structures.





(e) Mortar

Mortar used in the laying of box culvert sections or as jointing for pipes shall consist of three parts

of sand to one part of cement, by mass, with sufficient water to produce a mix of consistency

appropriate to the intended use. The cement shall comply with the requirements of AS 3972 -

Portland and Blended Cements.

(f) Marker Posts

Marker posts shall comply with the requirements of Section 709.

701.03 CONFORMITY WITH DRAWINGS

The Contractor shall set out the drainage work in accordance with the drawings, or as specified.

HP Prior to commencement of excavation for the culverts the Contractor shall confirm the position of all culverts with the Superintendent.

The culverts constructed at the positions so confirmed shall be constructed true to line and level

specified by the Superintendent.

701.04 STOCKPILING OF MATERIALS

Materials shall not be stockpiled or stored on any carriageway or footpath without the consent of the

Superintendent.

701.05 PROVISION FOR DRAINAGE DURING CONSTRUCTION

The Contractor shall provide for the safe discharge of seepage, drainage, and stormwater at all

times during the construction of any culvert, and for the effective de-watering of excavations.

Before obstructing any waterway, channel, culvert, or pipe, the Contractor shall make provision for

temporary diversion of flow.

701.06 INSTALLATION OF CULVERTS IN FILLS UNDER CONSTRUCTION

Unless otherwise specified or shown on the drawings, before laying any single row or multiple row

culvert in a fill, the fill shall first be constructed and compacted to subgrade level or to a level 0.3 m

above the top of the proposed culvert, whichever is the lower, for a distance of not less than 6 m

clear on either side of the proposed trench. The trench shall then be excavated through this fill as

provided in Clause 701.08 and the culvert installed.

701.07 CONSTRUCTION LOADING ON CULVERTS

Until at least the minimum compacted thickness of cover specified in Table 701.071 below for a

particular range of axle or track loading has been provided over any culvert, construction traffic of

loading within or greater than that range shall not be permitted to cross that culvert. A temporary

embankment extending not less than 15 m on both sides of the culvert may be used to provide the

necessary cover.







Table 701.071

Required Cover Thickness (Metre) (Min)

Type, Size, and Class of Culvert

Range of

Axle or

Track

Loading

(tonne)

Pipe Corrugate

d Metal

Box

Culvert

90 kN

Proof

Load

Pipe Class Ss up to

3600 mm+

2 3 4 (Where Ss

is the

nominal

diameter

or

span)

D<1.2m D>1.2m D<1.2m D>1.2m D<1.2m D>1.2m

0 - 9 0.4 0.4 0.4 0.4 0.4 0.4 0.6 0.1

9 - 20 0.4 0.4 0.4 0.4 0.4 0.4 1.2 0.6

20 - 35 0.7 0.4 0.4 0.4 0.4 0.4 1.5 0.9

35 - 50 0.9 0.7 0.6 0.5 0.5 0.4 1.8 1.2

50 - 60 # # 0.8 0.8 0.7 0.7 2.1 1.5

+ For Ss more than 3600 - As directed by the Superintendent.

# This range of loading not permissible.

D Nominal Pipe diameter

701.08 EXCAVATION Excavation for installation of culverts shall include all excavation necessary to prepare the culvert

foundation and to provide the full specified depth of culvert bedding. Where necessary the

foundation shall allow for pipes with protruding sockets. Where practical, trench walls shall be

vertical. For box culverts, the width of the trench shall be such that the clearance from the outside of the

culvert to the wall of the trench or to the inside of sheeting is in the range 0.5 to 1.0 times the overall

height of the culvert. For pipe culverts, the width of trench at and below the level of the top of the pipe shall be such that

the horizontal clearance from the outside of the pipe to the wall of the trench or to the inside of

sheeting is within the limits shown in Table 701.081 below:

Table 701.081 Pipe Type Nominal Pipe

Diameter

or Width

(mm)

Horizontal Clearance to Wall of Trench

Min. (mm) Max. (mm)

Corrugated Metal

Culvert

All 300 1,000

Other All 300 600

Where D is the nominal pipe diameter or width.





The base of the trench shall be compacted to refusal using mechanical plant.







The Contractor shall treat or replace all soft, wet or unstable material below the level required to

provide the minimum specified thickness of culvert bedding, as specified in Clause 701.09.

Replacement material if used, shall be compacted in accordance with Clause 701.13.

701.09 CULVERT BEDDING Bedding material shall be provided and placed for the full width of the trench or, where the culvert is

to be placed without trenching, to a width 0.8 m greater than the overall width of the culvert. The

compacted thickness of bedding material following any shaping necessary shall be not less than: 100 mm where D < 1500 mm 200 mm where D > 1500 mm where D is the nominal pipe diameter or culvert height. When the sections are in position, an additional layer of bedding material shall be placed to a height

equal to 30% of the nominal pipe diameter or culvert height. This material shall be placed between

the pipe and the outer limits of the lower layers of bedding, and shall be compacted as specified in

Clause 701.13.

701.10 LAYING (a) Pipe Culverts Rebate and socket ends of pipe sections shall be placed facing upstream. The ends of rebated

and socketed pipes shall be fully entered. The lower portion of the pipe circumference shall be in contact with the bedding for the full

length of each section. Where applicable, the top of the pipe as marked shall be set within five degrees of the vertical

axis of the culvert. Corrugated metal culverts shall be assembled and laid as specified in Clause 701.14. Unless otherwise specified or shown on the drawings, the spacing for multiple row culverts shall

be as shown in Table 701.101 below.

Table 701.101

Pipe Type Corrugated Metal Corrugated Metal

Pipe Arch

Other

Nominal Diameter (D)

or Width (Ss) (mm)

Less

than 600

600 to

2,400

Over

2,400

Less

than 900

900 to

3,600

Over

3,600

Less

than 600

600 to

1,800

Over

1,800

Clear space between rows

0.3m Ss/2 1.2m 0.3m Ss/3 1.2m 0.3m D/2 0.9m

(b) Box Culverts Consecutive sections of box culverts shall be firmly butted together. The top sections shall be

matched to the bottom sections and shall not be lapped over adjoining bottom sections. The contact areas between the top and bottom sections shall be mortared. Unless otherwise specified or shown on the drawing, multi-row box culverts shall be laid with the

sections in each row in contact with the sections in the adjacent rows.







701.11 JOINTING

Unless otherwise specified or shown on the drawings all interlocking (flush) joint reinforced concrete

pipes shall be mortar jointed, or wrapped with a 200 mm wide external joint seal tape of a type

approved by the Superintendent. In the case of internally jointed pipes, 600 mm diameter and

larger, the mortar shall be struck off flush with the bore of the pipe.

Rubber ring joint pipes shall be jointed with rubber rings.

701.12 PLACEMENT OF FILLING

(a) Unless otherwise specified or shown on the drawings, or the culvert is installed through an existing

paved area, selected and ordinary backfill shall be placed as follows under, around, and

above the culvert sections after the sections are bedded and compacted as specified in

Clause 701.13.

(i) Culvert Under Area to be Paved

Where the trench has been excavated from design subgrade level or above, the trench

shall be backfilled to design subgrade level with selected backfill material, and above

that level with appropriate pavement material.

Where the trench is excavated from below design subgrade level the trench shall be filled

with selected backfill material.

(ii) Culvert Under Area not to be Paved

The trench shall be backfilled with selected backfill material to a level 0.3 m above the

top of the culvert and with ordinary backfill material above that level.

(b) Where non-trench conditions are permitted the following shall apply:

Selected backfill material shall be placed for the full width of the previously placed bedding

material to a height of 0.3 m above the top of the culvert, or to subgrade level, whichever is the

lower. To provide support for the selected backfill material, ordinary backfill material shall be

placed simultaneously with and to the same level as the selected backfill material to a distance

two culvert diameters clear of the culvert.

During filling, the maximum difference between filling placed on opposite sides of the culvert shall

not exceed one-quarter the height of the culvert or 0.5 m, whichever is the less.

Unless the Superintendent directs or consents otherwise, filling shall not be placed within 2 m of an

exposed culvert end where a further section is to be placed.

701.13 REQUIREMENTS FOR TESTING AND ACCEPTANCE OF COMPACTION AND MOISTURE CONTENT

Bedding and backfill materials shall be placed and compacted in layers not exceeding 150 mm

loose thickness.

Bedding and backfill shall be assessed for compaction and or moisture (as appropriate) in lots. The

number of tests per lot shall be three. A lot shall consist of one layer of bedding or backfill for a

culvert length between adjacent pits or endwalls. Notwithstanding the provisions of Section 173, a

minimum of 20% of all lots shall be tested. The calculation of density and moisture ratios shall be

based on standard compactive effort.

Where the nominal size of bedding or backfill material after compaction is greater than 40 mm, the

moisture ratio shall be determined on that material which passes the 19.0 mm sieve.





(a) Bedding Bedding shall be compacted to refusal using hand held mechanical equipment. Bedding

material which has a swell equal to or greater than 2.5% shall be maintained at a mean

moisture ratio of 92% between the completion of rolling and the placement of the overlying

layer.

(b) Backfill (i) Material of Nominal Size 40 mm or Less After Compaction Backfill material which will have a nominal size after compaction of 40 mm or less shall be

compacted to a mean value of density ratio of not less than 97% and backfill material

which has a swell equal to or greater than 2.5% shall be maintained at a mean moisture

ratio of 92% between the completion of rolling and the placement of the overlying layer.

(ii) Material of Nominal Size Greater than 40 mm After Compaction Backfill material which will have a nominal size after compaction greater than 40 mm shall

be compacted using a grading, mixing, watering and rolling procedure proposed by the

Contractor and reviewed by the Superintendent. Backfill material which has a swell equal to or greater than 2.5% shall be maintained at a

mean moisture ratio of 92% between the completion of rolling and the placement of the

overlying layer.

701.14 ASSEMBLY OF CORRUGATED METAL CULVERTS

All corrugated metal culvert sections supplied by the Contractor shall be assembled in accordance

with the manufacturer's assembly instructions. Where culvert sections are supplied free to the Contractor, the following will be provided: Manufacturer's Assembly Drawings Schedule of Parts Supplied General Assembly Instructions

701.15 INSTALLATION OF CULVERTS THROUGH EXISTING PAVED AREAS

Unless otherwise specified or shown on the drawings, the trench shall be backfilled to the existing

subgrade level with selected backfill material and the pavement restored using materials as shown

below:

***

Pavement Layer Material Type Thickness (mm)

1. ##: ##: ##:

2.

3.

4.

5.







701.16 REMOVAL OF EXISTING CULVERTS

(a) General

Where specified the Contractor shall remove culverts from existing paved areas.

Except where the pavement under which the culvert passes is to be abandoned the trench

shall be kept to the minimum width consistent with ease in removal of the culvert or laying a

replacement.

(b) Treatment of Residual Excavation

Where a culvert has been removed and the excavation is not to be backfilled, the excavation

shall be neatly trimmed to slopes not steeper than 1 in 1.5 and the ends of the trench shaped to

facilitate the smooth flow of water.

Where the trench is to be backfilled, this shall be done in accordance with the provisions of

Clause 701.13 and unless otherwise specified, the final surface shall be shaped to conform with

the adjoining profile.

(c) Pavement Restoration

Unless otherwise specified, pavement restoration shall be carried out using materials as shown

below:

***

Pavement Layer Material Type Thickness (mm)

1. Sub-base Limestone 250

2. Base 20mm Class 2 FCR 100

3.

4.

5.

701.17 INLET AND OUTLET STRUCTURES

Inlet and outlet structures shall be constructed in accordance with the drawings and specification.

The footings of the structures shall extend to the depths shown on the drawings or to such further

depths as may be necessary in order to secure a satisfactory foundation. If backfilling to the

specified level is required, selected backfill material shall be used.

When the proposed foundation is unsatisfactory due to neglect or the use of inappropriate methods

by the Contractor, no payment will be made for the work and materials necessary to provide a

satisfactory foundation at the specified level.

701.18 MARKER POSTS ##(strikeout if not required):

At all locations specified the Contractor shall supply and erect guide posts at the edges of the

formations on the side of the culvert nearer approaching traffic.





701.19 EXIT AND ENTRY CHANNELS

Where shown on the drawings, channels shall be excavated to facilitate the flow of water. They shall

be of regular shape and of sufficient area to take the flow of water and shall not contain any low

spots which might retain water. Any low areas shall be filled with suitable excavated material and

firmly compacted.

701.20 MINIMUM TESTING REQUIREMENTS

The Contractor shall test the bedding and backfill material at a frequency which is sufficient to

ensure that all materials supplied under the contract complies with the specified requirements but

which is not less than that shown in Table 701.201.

Table 701.201 Test Minimum Frequency of Testing

Grading One per 1000 tonnes or part thereof

Plasticity Index One per 1000 tonnes or part thereof







SECTION 705 - DRAINAGE PITS

705.01 DESCRIPTION

This section covers the requirements for the construction of drainage pits including the associated

excavation, backfilling, culvert connections and supply and fitting of covers and associated

components.

705.02 MATERIALS

Unless otherwise specified or shown on the drawings, concrete shall be N32 standard strength grade

complying with the requirements of AS 1379 - Specification and supply of concrete. Aggregates for

the concrete mix shall comply with the requirements as set out in Table 701.021 of Section 701. The

construction of the items covered by this section shall comply with the relevant requirements of

AS 3600 -Concrete Structures and as specified herein.

Covers, grates, lids and lintels shall be as shown on the drawings.

Step irons shall be manufactured from steel AS 1204 grade 250 and after fabrication shall be

prepared and pre-treated for hot dip galvanising in accordance with the requirements of AS 1627

and galvanised in accordance with the requirements of AS 1650, or shall be manufactured from

13 mm steel bar covered with polypropylene plastic to a design and sample approved by the

Superintendent.

705.03 EXCAVATION

(a) General

Excavation shall be to the depth indicated on the drawings or to such further depths as may be

necessary in order to secure a satisfactory foundation. Backfill material conforming with the

requirements of Section 701 shall be supplied, placed and compacted in accordance with

Clause 705.10.

(b) Pre-Cast Pits

For pre-cast pits the excavation shall provide a clearance from all external faces of the pit to

each face of the excavation of not less than 400 mm. Bedding conforming with the

requirements of Section 701 shall be supplied, placed and compacted to a thickness not less

than 80 mm on an earth foundation or 150 mm on a rock foundation.

705.04 CAST-IN-PLACE PITS

Pits shall be constructed at the locations and to the dimensions shown on the drawings.

Unless otherwise specified, cast-in-place pits shall be constructed in accordance with the

requirements of AS3600 - Concrete Structures.

705.05 PRE-CAST PITS

Where the Contractor proposes to use pre-cast pits, they shall be manufactured, supplied and

installed in accordance with the requirements of AS3600 - Concrete Structures and the following

requirements:

(a) General





Pits shall be installed at the locations and to the dimensions shown on the drawings except that

pit wall thicknesses may be reduced as specified and shown on the drawings.







(b) Provision for Stormwater Drainage Connections

Provision shall be made for the connection of all stormwater drainage, culverts and subsurface

drains as shown on the drawings.

Holes for subsurface drains shall be 150 mm diameter, unless otherwise specified or shown on the

drawings.

Weepholes of 50 mm diameter shall be provided in all pits and shall be placed between the

midpoint and top of the stormwater drain in those walls which have openings for drains.

(c) Segments

If a pit is cast in segments, each section of the pit shall be rebated to ensure correct alignment

and to prevent horizontal movement. A minimum rebate of 15 mm shall be used.

(d) Completion on Site

Where pre-cast pits are to be completed on-site, the provision of cut outs and protruding

reinforcement shall be as specified or in accordance with the drawings.

705.06 STORMWATER DRAINAGE CONNECTIONS

All stormwater drainage connections to pits, drains, and the like shall be neatly made, and where

necessary the ends of all drains shall be trimmed off and finished with cement mortar.

705.07 STEP IRONS

Pits greater than 1.0 m deep shall be fitted with step irons as shown on the drawings. Steps shall be so

located that they do not obstruct openings other than subsurface drainage openings and that water

does not discharge onto them. Steps shall be set into a wall which has no openings, or beside an

opening, or across a corner of the pit.

Step irons of an approved proprietary type shall be installed in accordance with the manufacturer's

instructions.

705.08 SHAPING OF FLOOR

Pit floors shall be smoothly shaped from the inlets to the outlet for a height of one-third of the

diameter of the outlet pipe.

705.09 FITTING OF COVERS

Frames for pit covers shall be cast into the top of the pit or bedded on fresh mortar, 5 mm thick,

consisting of two parts of sand, one part of cement and sufficient water to produce a mix of suitable

consistency.

The level at every point of the perimeter shall be within 10 mm of the design level for that point, and

the line of the cover shall be within 10 mm of the design kerb line.

705.10 BACKFILLING AROUND PITS

Backfilling around pits shall be placed in layers not exceeding 300 mm loose thickness and

compacted to refusal using hand held mechanical equipment.







SECTION 708 - STEEL BEAM GUARD FENCE

708.01 GENERAL

This section covers the requirements for the: ##(strikeout inapplicable options below):

*** supply only

*** installation only

*** supply and installation

of steel beam guard fence.

708.02 STANDARDS

The materials used for fabrication of guard fence components shall comply with the relevant current

Australian Standard Specifications as follows:

AS 1111 - ISO Metric hexagon commercial bolts and

screws

AS 1112 - ISO Metric hexagon nuts

AS 1214 - Hot-dip galvanised coatings on threaded

fasteners

AS 1554.1 - Welding of steel structures

AS 1594 - Hot-rolled steel flat products

AS 1650 - Hot-dipped galvanised coatings on ferrous

articles

AS 1720.2 - Timber properties

AS 2204 - Zinc-rich organic priming paint

AS 3569 - Steel wire ropes

708.03 MATERIAL COMPLIANCE

The Contractor shall submit to the Superintendent a Certificate of Compliance and related test

certificates.

All tests shall be carried out in accordance with the appropriate Australian Standard by officers

experienced in the test methods described in the Contract, in a laboratory accredited by the

National Association of Testing Authorities (NATA) for those test methods. All tests shall be endorsed in

accordance with the NATA registration for that laboratory.

708.04 GUARD FENCE COMPONENTS

(a) Metal Components

Metal components shall conform with the dimensions shown on the drawings.

(i) Rails

The rails shall be manufactured from steel which meets the requirements of AS 1594

Grade HA350.

The mechanical properties of the base metal shall conform to the following requirements

when tested in accordance with AS 1391:





Minimum yield strength 350 Mpa

Minimum tensile strength 430 Mpa

Minimum elongation in 80 mm 16%







The base metal shall be comply with the following tolerances when measured in

accordance with AS 1365:

Base metal thickness 2.7 mm ±0.21 mm

Mill tolerance on strip width +2.5 mm, -0.0

Mill camber tolerance on 2000 mm length 4.0 mm maximum

For guard fence erected as barrier railing on bridges and major culverts the base material

shall comply with the following tolerances when measured in accordance with AS 1365:

Base metal thickness 3.0 mm ±0.23 mm

Mill tolerance on strip width +2.5 mm, -0.0

Mill camber tolerance on 2000 mm length 8.0 mm maximum

(ii) Steel Posts and Blocks

Steel posts and blocks shall be manufactured from steel which meets the requirements of

AS 1594 Grade HU250.

The base material thickness shall be 6.0 mm ±0.29 mm.

(iii) Bullnoses

Bullnoses shall be manufactured from steel which meets the requirements of AS 1594

Grade HU250.

(iv) Breakaway Cable Terminal

The wire rope shall comply with the requirements of AS 3569.

(b) Galvanising

All steel components shall be hot-dip galvanised after fabrication.

Before galvanising, the components shall be treated in accordance with the requirements of

AS 1627 - Parts 1 and 4, "Code of Practice for Preparation and Pretreatment of Metal Surfaces

prior to Protective Coating".

Galvanising on all components other than bolts, nuts and washers shall comply with AS 1650.

The minimum zinc coating shall be 900 g/m2 (total both sides) for beams and terminals and

1200 g/m2 (total both sides) for steel posts and blocks.

Galvanised coatings shall be smooth, adherent and free from stains, gross surface

imperfections, markings, brand names and/or inclusions. Appearance is of prime importance

and colour shall be uniform.

Hot dip galvanised coating on bolts, nuts and washers shall comply with AS 1214, Hot-Dip

Galvanised Coatings on Threaded Fasteners.

Where the galvanising on guard rail or associated fittings has been damaged, the coating shall

be repaired by regalvanising or by painting with a minimum of two coats of a zinc-rich inorganic

paint in accordance with AS 2204 and one coat of aluminium paint.






(c) Timber

Timber posts and blocks shall be supplied to the dimensions shown on the drawings.

Timber posts and blocks shall be seasoned timber dried to equilibrium moisture content and

sawn from species complying with Class 1 or 2 durability and stress grading as specified on the

drawings.

All timber shall be straight and sound, and free from shakes, pipes, cores, flaws and other

imperfections. The timber shall be sawn parallel to the grain, and exposed knots shall be sound,

tight, well spaced and shall not exceed 25 mm in size in any face.

(d) Concrete

Concrete for guard fence footings shall be 20 Mpa strength grade complying with the

requirements of AS 3600 - Concrete Structures.

708.05 INSTALLATION

HP Prior to installation the Contractor shall confirm with the Superintendent the required location and length of all guard fence.

The guard fence shall be installed at the positions so confirmed and shall be constructed true to line

and level.

(a) Posts

Posts shall be installed to a depth not less than that shown on the drawings.

Steel posts shall be orientated to the direction of traffic as shown on the drawings.

Where posts are driven into the ground this shall be by methods that do not result in any

damage to the post.

All post holes in rock shall have a 75 mm minimum clearance from the back of the post to the

face of the hole.

Except for anchorage posts, post holes in rock shall be backfilled with granular material. Other

post holes shall be backfilled with selected earth, free of rock. The backfilling shall be firmly

compacted in layers not exceeding 100 mm compacted thickness. Where posts are located in

areas to be paved with concrete or premixed bituminous material, the backfilling of the post

holes shall be finished 50 mm below the underside of such paving and the remaining depth of

the holes shall be filled and compacted with material similar to the surrounding material.

The hollow steel posts adjacent to bridge abutments shall be set in mix concrete (strength

grade 15 Mpa) or cement treated crushed rock and filled with concrete as shown in the

standard drawings.

Surplus excavated material remaining after the guard fence has been constructed shall be

disposed of off site by the Contractor.

(b) Rails

The guard rail sections shall be lapped so that the exposed ends face away from near-side

approaching traffic. The edges of the guard rail section or backing plate adjacent to posts shall

be fixed in contact with the post or post blocks and all bolts shall be fully tightened. When the

radius of curvature is 50 m or less, the guard rail sections shall be curved to shape prior to

delivery to the site.

End treatments of the types specified shall be constructed in accordance with the details shown

on the drawings.

Posts attached to bridges and culverts shall be bolted to supporting members and/or set on

mortar pads as shown on the drawings.






(c) Anchorages

The anchor cable shall be tightened sufficiently to remove slack.

(d) Line and Level

After installation the top of the rail shall be within 25 mm of the specified level and 50 mm of the

specified line. Variations from specified line and level shall not occur at a rate exceeding

15 mm in any 5 m length.

Notwithstanding these requirements the line and level of the guard fence shall be adjusted

where necessary to provide a smooth and even vertical and horizontal alignment.

*** (e) Paving Beneath Guard Fence ##(strikeout if not applicable):

The Contractor shall construct a concrete infill 600 mm minimum width beneath all steel beam

guard rail fencing. The infill shall comprise a 75 mm thick layer of concrete placed on a 75 mm

thick bed of Class 3 crushed rock. The edges of the infill area shall be boarded up prior to

placing concrete to ensure smooth edges are produced. The edge board shall be placed

parallel with the steel beam guard rail fencing. The surface of the infill shall be finished with a

wooden float to produce a lightly textured surface.

Where the concrete infill area is adjacent to kerb or pavement, separation from the kerb or

pavement by the use of a cork expansion joint (or approved alternative) shall be produced.

Similar expansion joints shall be provided perpendicular to the line of the steel beam guard rail

fence 200 mm each side of every post.







SECTION 713 - BEACHING 713.01 DESCRIPTION This section covers the requirements for the supply and placing of rock, stone or manufactured block beaching for the protection of batter slopes, drainage channels and culvert endwalls as shown on the drawings. Four types of beaching are covered by this section: Type 1: Ungrouted rock beaching. Type 2: Grouted rock beaching. Type 3: Grouted flat stone beaching. Type 4: Butted paving block beaching. 713.02 CONFORMITY WITH DRAWINGS The finished surface of the beaching shall conform with the levels, lines and grades as shown on the drawings or as specified. 713.03 MATERIALS Unless otherwise specified, the Contractor shall supply all materials necessary to construct the beaching as specified, including rock or paving blocks, bedding materials, geotextile, concrete, reinforcement and drainage pipes. (a) Beaching Material (i) Type 1 Beaching Rock for Type 1 beaching shall consist of sound, dense field or quarry rock. Field or quarry rock shall be resistant to the weathering action of air and water and shall

be free from cracks and other structural defects which may reduce its mechanical strength and resistance to weathering.

All rocks, shall have a mass of between 20 and 70 kg and at least 60% by number shall be

over 40 kg mass. Rocks shall be of such size that the layer of beaching is not less than 225 mm thick.

(ii) Type 2 Beaching Rock for Type 2 beaching shall conform with the same general requirements as for Type 1

beaching except that the rocks shall be of such size that the layers of beaching shall be at least 150 mm thick and of mass between 10 kg and 40 kg with at least 60% by number having a mass of over 25 kg. The rocks shall be reasonably uniform in colour.

(iii) Type 3 Beaching Type 3 beaching shall consist of sound dense flat stone. Beaching stone shall be free from cracks and other structural defects and be reasonably

uniform in size, shape and colour. Each piece shall be not less than 65 mm thick and have a face area not less than 0.1 m2. At least 50% of the pieces by number shall have an area of more than 0.2 m2.

Samples of beaching material shall be reviewed by the Superintendent prior to

placement. (iv) Type 4 Beaching Paving blocks shall be of a type, face size, thickness and colour as specified.





(b) Bedding Type 1 beaching shall not require a granular bedding. However a needle-punched non-woven

geotextile, with a mass not less than 250 g/m2 and with a robustness (geotextile strength Rating G) of 2000 to 3000, shall be laid over the trimmed surface where beaching is to be placed. The geotextile shall be buried to a depth of 300 mm at the edges of beaching and wrapped under the toe wall unless otherwise specified. The geotextile shall be laid evenly with no kinks or folds, and joints shall be formed by overlapping the geotextile by not less than 300 mm and not more than 500 mm.

Type 2 beaching shall not require bedding unless otherwise specified or shown on the drawings. Bedding for Type 3 beaching shall consist of at least 30 mm of mortar, comprising one part

Portland Cement, and nine parts sand. Bedding for Type 4 beaching shall consist of a 50 mm minimum layer of bedding sand. 713.04 PREPARATION OF UNDERLYING SURFACE Areas on which beaching is to be placed shall be trimmed as required to provide a finished surface level of beaching in accordance with the drawings. Any scours or hollows in the surface shall be filled with compacted crushed rock. Unless otherwise specified trimmed material shall be removed from the site. 713.05 BEACHING PLACEMENT (a) Beaching materials shall be firmly bedded on the prepared embankment and/or bedding if

required and laid in courses commencing from the bottom of any slope. The general surface of the finished beaching shall not vary from a 3 m straight edge laid across the surface of the beaching by more than:

150 mm for Type 1 Beaching 75 mm for Type 2 Beaching 30 mm for Type 3 Beaching 20 mm for Type 4 Beaching (b) Type 1 Beaching Gaps between rocks shall be as narrow as practicable. Unless otherwise specified, voids shall

be filled to at least mid-height of the rocks with topsoil. (c) Type 2 Beaching Width of joints may vary between 10 mm and 60 mm, with an average not exceeding 40 mm.

Level difference between edges of adjacent rocks shall not exceed 40 mm. The joint pattern shall be random and the joints kept free from debris before grouting.

(d) Type 3 Beaching Beaching material shall be thoroughly cleaned and saturated with water before being bedded

on fresh mortar as specified in Clause 713.03(b). The joint pattern shall be random and the joints kept free from debris prior to grouting. Width of

joints may vary between 10 mm and 60 mm, with an average not exceeding 40 mm. Level difference between edges of adjacent stones shall not exceed 25 mm.

(e) Type 4 Beaching The blocks shall be placed on the specified bedding sand and laid in accordance with the

manufacturer's recommendation. Edge blocks shall be neatly cut to establish straight edges.





Dry sand shall be broomed into the joints on completion and lightly watered. The sand used in this mixture shall all pass a 1.18 mm AS sieve and 10-20% shall pass a 0.075 mm AS sieve.







713.06 GROUTING Grouting with mortar shall be carried out when the air temperature is above 5°C and work shall be

kept moist for 3 days after grouting.

Joint mortar shall consist of one part Portland cement, six parts sand by volume, thoroughly mixed

with water to produce grout of suitable consistency.

The joints shall be neatly finished by filling with mortar. Care shall be taken to keep the exposed rock

face clean. Brooming of mortar across the face of the rocks will not be permitted.

713.07 PERIMETER WALLS

Perimeter and toe walls shall be constructed where shown on the drawings.

For Type 1 Beaching, toe walls 600 mm wide by 600 mm deep shall be constructed. They shall be

lined with geotextile fabric and filled with hand packed rock, the larger voids between rocks being

filled with smaller stones.

For Types 2, 3 and 4 Beaching, concrete perimeter walls shall be constructed around exposed edges

of the beaching. Concrete used for this purpose shall comply with Section 610 or be 20 Mpa strength

grade complying with the requirements of AS 3600 - Concrete Structures.

Toe walls shall be 300 mm wide by 400 mm deep at the front face and reinforced with 8TM trench

mesh top and bottom. The upper surface of the toe wall shall slope upwards at either the slope of

the rock beaching or the adjacent verge as shown on the drawings. Side walls and top walls shall be

150 mm wide by 250 mm deep. The top of the walls shall be continuous with the beaching.

713.08 DRAINAGE

(a) Where specified, or shown on the drawings, a 100 mm diameter PVC pipe shall be laid down

the batter in a trench beneath the bedding to discharge immediately above the top of the toe

wall. The pipe shall be securely bedded within the backfilled compacted crushed rock or

natural gravel trench.

(b) Weepholes consisting of 75 mm diameter PVC pipes shall be placed through the beaching at

2 m centres immediately above the top of the concrete toe wall and cut off flush with the face

of beaching.

713.09 CLEANING

On completion of the work, the beaching shall be cleaned to remove all foreign materials and

discolouration from the beaching surface. Any joint mortar adhering to the surrounding rock surfaces

shall be removed.







SECTION 720 - LANDSCAPE WORKS

720.01 DESCRIPTION

This section covers the requirements for supply, planting, grass seeding, erosion control, other

associated landscape work and maintenance as specified and shown on relevant Drawings,

Planting Details and Schedules.

720.02 DEFINITIONS

(a) Weed

A weed is any plant which is not specified in the plant schedule and/or is specified to be

removed and/or is classified a weed under the Catchment and Land Protection Act 1994

and/or is not indigenous to the site.

(b) Propagule

A propagule is any structure capable of producing a new plant (e.g. seeds, cuttings etc.).

720.03 INSPECTIONS, SAMPLES AND CERTIFICATES TO BE SUPPLIED BY CONTRACTOR

The specified inspections, samples and certificates shall be made available or submitted to the

Superintendent for acceptance prior to the commencement of associated work. Accepted

samples shall become the agreed minimum standard and approved source of supply for the

contract work. The Contractor shall not substitute any specified or accepted material without the

Superintendent’s prior written approval. The Contractor shall be responsible for programming the

provision of samples, certificates and all inspections and allowing 48 hours notice to the

Superintendent.

*** The Contractor shall provide the following before commencement of the relevant landscape work: ##[strike out inapplicable items below]:

Inspections • plant stock for all plant species

Samples • mulch

• erosion control mat

• weed mat

• tree guard

• any imported topsoil

Certificates • evidence of origin of indigenous provenance plant material

• testing for any imported topsoil

720.04 SUPPLY OF MATERIALS

All materials shall be supplied by the Contractor unless otherwise specified.

If any materials are supplied by the Glenelg Shire Council, a joint inspection of the materials shall be

made by the Contractor and the Superintendent following delivery of the materials to the site. The

materials, if satisfactory, shall thereafter become the responsibility of the Contractor with respect to

their storage, care, theft, loss or damage.






(a) General Supply of Plant Stock

Plant stock for the Works shall be of the size and type as specified in the plant schedule(s). No

substitution of species shall occur without the Superintendent’s approval. All stock shall be

hardened off in nursery conditions, local to the planting area, for 2-4 weeks prior to planting.

Plants shall show healthy growth, be undamaged, free of disease, have a size in proportion to

their pot size and species, not be pot bound and shall generally have roots penetrating to the

edge of the pot.

Advanced trees shall be straight-trunked and, when planted, be of minimum height and caliper

as specified in the plant schedule(s). Head growth shall be strong and well formed.

Plant tubes shall be a minimum depth of 150 mm.

Plant cells specified shall be a minimum depth of 70 mm. Plant cells shall only be used for

grasses and herbaceous plants.

*** (b) Supply of Indigenous Plant Stock ##[strikeout if inapplicable]:

Indigenous plant species shown on the plant schedules shall be propagated from sources of

local provenance found within the site or the closest possible natural plant source of similar

genetic make-up.

The Contractor is responsible for obtaining all necessary permits before collecting any

propagules. Plant material harvested must be pest free.

The Contractor shall make available for review by the Superintendent an indigenous propagule collection program to supply the quantities of indigenous plant stock as shown in the plant schedule(s).

(c) Supply of Site Topsoil

Site topsoil shall be used wherever possible. Where topsoil tests have not been undertaken by

the Glenelg Shire Council, the Contractor shall confirm through tests, that site topsoil is free from

pathogens, toxic levels of any element, and has a pH, nutrient and trace element ratio which is

suitable for the healthy growth of the nominated grass mix and all plant species specified in the

plant schedule. The Contractor is responsible for creating a growing medium which will ensure

satisfactory growth of the desired species.

The Contractor shall notify the Superintendent of any topsoil characteristic which may reduce the performance of any plant species or grass mix.

(d) Supply of Imported Topsoil

In the event that site topsoil is not available or is not appropriate, imported topsoil shall be

supplied by the Contractor at the Contractor’s expense. Imported topsoil shall be free from

pathogens, toxic levels of any element and any weeds and their roots.

If imported topsoil is used, the Contractor shall supply topsoil with the following characteristics:

Texture Light to medium, i.e. capable of handling when moist but lacking cohesion

so that it will spread easily.

pH Slightly acid to neutral pH 6.0 - 7.0.

Stone Content Less than 4% by dry weight with stone size not exceeding 10 mm.

Organic Matter Decomposed matters shall not exceed 40% by volume, undecomposed

matter shall be less than 4% by volume.

Salinity Less than 600 ppm

Extraneous Material The topsoil shall be free of sods of subsoil, rubbish, petrol and oil

contaminants, lime etc.

General Description Topsoil for mulch planting beds shall be a light to medium friable clay

loam.





Topsoil for grass areas shall be a light to medium friable sandy loam.







*** (e) Supply of Gypsum ##[strikeout if inapplicable]:

Gypsum (Calcium Sulphate) shall comply with the minimum specifications as laid out in the

current Victorian Fertilizer Regulations. Manufactured gypsum shall be used, but not gypsum

derived from recycled plaster board.

(f) Supply of Herbicides and Insecticides

Only herbicides and insecticides registered for use in Victoria may be used.

(g) Supply of Fertilizers and Trace Elements

Fertilizers shall be blended in accordance with the results of a site topsoil analysis test and shall

take into account soil type, plant species and/or grass type and mix, pH and nutrient level,

trace element requirements, average annual rainfall and the planting season.

Fertilizers for plant stock shall be proprietary slow release with a 9-10 month release period and

suitable for the establishment of plant types, sizes and species specified in the plant schedule(s).

(h) Supply of Shredded Wood Mulch

Shredded wood mulch shall be free of soil, weeds, vermin, deleterious material and toxins.

Mulch available from indigenous on-site vegetation shall be used as agreed by the

Superintendent.

Additional mulch shall be derived from wood by-products. Mulch derived from plywood

products, particle board or painted timber is not acceptable. Particle sizes shall be no wider

than 20 mm and no longer than 100 mm. Fines content shall be not more than 5% by volume.

*** (i) Supply of Weed Mat ##[strikeout if inapplicable]:

The Contractor shall supply and install min. 600 gsm jute or approved equivalent,

biodegradable, fire retardant weed mat as indicated or as specified.

The mat shall have sufficiently dense construction so as to prevent light penetration and growth

of weeds for 18 months minimum. The surface of the mat shall promote water infiltration.

*** (j) Supply of Erosion Control Mat ##[strikeout if inapplicable]:

The Contractor shall supply and install 300 gsm jute or approved equivalent biodegradable

erosion control mat as indicated on the drawings or as specified.

The surface of the mat shall promote water infiltration and germination of grass seed and shall

control erosion until an even grass cover is firmly established.

*** (k) Supply of Tree Guards, Stakes, Marker Stakes and Ties ##[strikeout if inapplicable]:

Tree guards shall be opaque plastic 400 mm in diameter and 450 mm high and be of sufficient

gauge and UV inhibitor to ensure a minimum two year life.

Tree guard and marker stakes shall be 750 x 25 x 25 mm.

Stakes for advanced trees shall be 2400 x 50 x 50 mm treated pine or hardwood.

Ties for advanced trees shall be flexible, soft strapping and of a type which shall not

detrimentally abrade or bruise the bark of the tree. Plastic covered wire, string hessian and

twine are not acceptable.

(l) Supply of Grass Seed

Certified seed only shall be supplied. Seed purity shall be 98%, germination rate shall be 90%

including fresh ungerminated seeds. All seed supplied shall comply with the current Seeds Act

of Victoria.

(m) Supply of Sterile Grass Seed

The Contractor shall provide suitable sterile rye grass seed for the stabilisation of areas to be

subsequently planted, temporary batters and/or stockpiles.







720.05 EROSION PROTECTION

The Contractor shall ensure that all disturbed areas are adequately protected from erosion.

Disturbed areas shall be protected immediately following topsoiling by one or more of the following

or other approved methods:

(a) Programming Planting

For areas to be planted, hydro-mulching/mulching and planting shall be implemented as soon

as practicable.

(b) Sterile Cover Crop

For areas to be planted, seeding with a temporary cover crop of sterile annual grass at a rate

which shall provide quick stable cover to the soil.

(c) Formation Protection

For areas to be grassed, the batter slope or drain shall be sown with grass seed, fertilized as

specified and immediately covered with an erosion control mat as required.

For planting bed areas steeper than 2:1, weed mat only shall be installed.

Erosion control and weed mat shall be laid and anchored in accordance with the

manufacturer's instructions. In drainage channels the erosion control matting shall cover the full

width of the floor and extend 600 mm up each side. Any erosion control mat area which is

damaged or in which a full and even grass growth has not been established within the first

growing season shall be repaired or replaced as necessary, to ensure that erosion control and

establishment of a full and even grass coverage is achieved.

(d) Bitumen Straw Stabilisation

For areas to be grassed, the area to be treated shall be sown with grass seed and fertilized as

specified and immediately protected by a sprayed application of chopped straw stabilised

in-situ with anionic bitumen emulsion.

720.06 SETTING OUT AND SITE PREPARATION

(a) Setting Out

(i) Planting Areas and Individual Plants

The Contractor shall set out the location and shape of planting beds and the location of individual plants in accordance with the Drawings by scaling dimensions from the Drawings or by complying with plant number and density requirements as shown in the

plant schedule(s) and locating by reference to existing features.

Trees shall be placed a minimum of 1 metre from the Right of Way fence and shared

pathways unless otherwise specified and in accordance with VicRoads Road Design

Guidelines relating to clear zones and sight distances.

(b) Site Preparation

(i) Weed and Pest Control

All herbicides and insecticides are to be used strictly in accordance with the

manufacturer’s instructions.

The Contractor shall undertake an assessment of weeds on the site to determine

appropriate weed control techniques.






Weed control shall be undertaken by either chemical or mechanical means to ensure

that the site is in a weed-free state prior to the commencement of site preparation.

Weed control shall be in accordance with VicRoads OH&S Procedure for the Safe

Handling of Herbicides.

Herbicides shall not be used around wetlands and waterways without prior consultation

with the relevant water authority and ecological assessment.

The Contractor shall be responsible to reinstate areas to their pre contract condition,

excluding weed growth, if damaged during this process.

The Contractor shall submit for review by the Superintendent nominated herbicides,

licensed handlers and any other pesticide types, mixes, rates and application techniques.

*** (ii) Gypsum Application ##[strikeout if inapplicable]:

Gypsum shall be applied to all ripped and cultivated areas for planting at a rate of

2 kg/m2. Gypsum shall not be applied to creek areas and permanent and seasonal

wetlands.

Planting or grassing shall not be carried out within two weeks of the gypsum application.

(iii) Ripping

Planting bed areas shall be cross-ripped to a minimum depth of 450 mm at rip line

spacings of 500 mm in order to shatter the ground.

Where trees are to be planted in grass areas, the ground shall be cross-ripped to a

distance of a 500 mm radius from each new tree location and to a minimum depth of

450 mm.

Ripping shall not occur within the extent of existing vegetation or the dripline of existing

trees.

HP A representative sample of ground ripping not less than 100 m2 in area shall be made available for review by the Superintendent at not less than 48 hours notice prior to the commencement of the balance of the relevant work. The accepted ground ripping shall be used as a reference standard for the remaining work to be completed under the

Contract. In areas where ripping is not practicable, the Contractor shall submit alternative methods to the Superintendent for review.

(iv) Batter Treatment

The surface of batters in planting bed areas shall be left rough such that the specified

depth of topsoil is “keyed” into the ground in order to prevent slippage and erosion.

(v) Topsoil Application

Weedy site topsoil shall not be spread to other locations on the site.

A total depth of topsoil as specified in Section 204 shall be placed on all mulched planting

bed areas. Topsoil shall be applied to mulched planting beds following ripping and

cultivation.

A total depth of topsoil as specified in Section 204 shall be placed on areas to be grassed.

(vi) Addition of Nutrients and Trace Elements

In order to maximise plant and grass performance, nutrients and trace elements shall be

added to the site topsoil during topsoil spreading and/or planting bed areas as specified

or agreed by the Superintendent, in accordance with results from site topsoil analysis tests.

The Contractor shall submit for review by the Superintendent nominated fertilizer types, blends, rates and techniques for application, prevention of plant burning and nutrient

run-off into waterways.







(vii) Cultivation

All plantation areas shall be cultivated where practicable to a minimum depth of 300 mm

by mechanical means. After cultivation, the surface shall be left rough to allow topsoil to

be keyed in. Clods greater than 50 mm shall be broken down or removed.

Cultivation may cause hard panning in some soil types, such cases shall be brought to the

attention of the Superintendent. The Contractor shall advise of alternative cultivation

techniques. In the event of saturated ground conditions, cultivation shall be delayed until

the ground has satisfactorily dried out.

Cultivation shall not to occur within the dripline of existing trees.

Procedures for the cultivation of cut or fill batters steeper than 3:1 and undisturbed areas shall be submitted for the Superintendent’s review prior to work proceeding.

Seeded grass areas shall be cultivated to a depth of 50-100 mm.

(viii) Removal of Debris

Loose surface rock which is greater than 50 mm in dimension, and all foreign debris shall

be removed where practicable from areas to be grassed and from mulched planting

beds.

Appropriate topsoil shall be used to fill any depressions and holes caused by the removal

of rock and other debris from areas which have been prepared for planting or grassing.

(ix) Trimming and Finished Levels

The Contractor shall adjust and trim sub soil levels so that sub soil is placed to the level of

back of kerb or concrete edge prior to placing topsoil. The specified depth of topsoil

and/or mulch shall then be added and tapered so that the finished mulch and/or topsoil

levels meets flush with the adjacent surfaces.

HP A representative sample of topsoiling and any associated ground trimming, not less than 100 m2 in area shall be made available for review by the Superintendent at not less than

24 hours notice prior to the commencement of the balance of the relevant work. The accepted topsoiling and any associated ground trimming shall be used as a reference

standard for the remaining work to be completed under the Contract.

720.07 PLANTING

(a) Mulching

Mulch shall be placed to a minimum depth of 75 mm and maximum depth of 100 mm on

planting bed areas. Mulch shall extend at least 500 mm beyond plant centres at the outer

edges of planting beds.

All trees in lawn areas are to be mulched with minimum 75 mm deep x 500 mm radius of mulch.

Mulch shall be kept clear of plant stems to avoid collar rot.

HP A representative sample of mulching, not less than 100 m2 in area, shall be made available for review by the Superintendent at not less than 24 hours notice prior to the commencement of the balance of the relevant work. The accepted mulching shall be used as a reference standard for

the remaining work to be completed under the Contract.







*** (b) Weed Control Mat ##[strikeout if inapplicable]:

Weed control mat shall be installed for planting bed areas steeper than 2:1 or as specified.

Weed control mat shall be laid and anchored in accordance with the manufacturer’s

instructions.

HP A representative sample of weed control mat installation, not less than 100 m2 in area, shall be

made available for review by the Superintendent at not less than 24 hours notice prior to the commencement of the balance of the relevant work at a minimum 48 hours notice. The planting shall be used as a reference standard for the remaining work to be completed under the Contract.

(c) Planting

Planting shall be carried out so as to ensure healthy, vigorous growth of plants. The Contractor

shall ensure that the correct species are planted in the correct locations at the specified

spacings. Planting into the mulch layer shall not occur.

Individually prepared planting holes shall be rough sided and no deeper than the root ball of

the plant. Holes in heavy soils or on batters shall be prepared so as to ensure adequate

drainage.

HP A representative sample of planting technique, watering, fertilizing, staking and guard installation for planting beds, not less than 100 m2 in area, and/or at least one advanced tree shall be made available for review by the Superintendent at not less than 24 hours notice prior to the commencement of the balance of the relevant work at a minimum 48 hours notice. The

planting shall be used as a reference standard for the remaining work to be completed under the Contract.

The planting holes shall be backfilled with friable topsoil free of debris, rocks and clods greater

than 50 mm in diameter for:

(i) Pots, Tubestock and Cells

*** (ii) Advanced Trees ##[strikeout if inapplicable]:

Advanced trees shall be planted with trunks vertical. A slotted flexible agricultural pipe or

approved water retention device shall be wrapped around the root ball and allowed to

protrude to the surface in order to facilitate watering. The tree shall not be planted into a

dry hole. If the hole is dry, the planting hole must be saturated with water prior to planting.

(d) Fertilizing

Except as otherwise specified or shown on drawings all plants shall be fertilized and then

watered-in after planting.

(e) Watering

All plants shall be watered-in with saturation to the depth of the root ball immediately after

planting. Advanced trees shall be maintained free of water stress.

*** (f) Tree Guards ##[strikeout if inapplicable]:

A secure tree guard shall be placed around tubestock plants.

Tree guards shall be securely anchored using stakes driven into the ground and as per the

VicRoads Standard Planting Detail.

*** (g) Advanced Tree Staking ##[strikeout if inapplicable]:

Advanced trees shall be securely

staked with 2 No. stakes driven into the ground. Advanced trees shall

be loosely tied to the stakes with flexible ties.







(h) Seeded Grass

All areas indicated on the Drawings and/or all areas disturbed by the Contractor which are not

to be planted, shall be grassed. Grassed areas disturbed by the Contractor shall be reinstated

as specified.

Seeding shall be carried out to achieve an even seed cover.

A minimum 90% consistent healthy grass cover within 3 months shall be achieved in all grass

areas.

720.08 MAINTENANCE AFTER PRACTICAL COMPLETION

(a) Scope of Maintenance

The Contractor shall maintain the whole of the landscape work performed under this Contract

until the completion of the Maintenance Period. The Maintenance Period shall commence

from the Date of Practical Completion for:

##(strikeout the inapplicable option below):

*** the whole of the Works

*** separable part ##:

*** for a period of six (6) months.

Maintenance of the landscape work shall include: ##(strikeout inapplicable options below):

(i) replanting

*** (ii) weed control

*** (iii) watering

*** (iv) mowing/slashing

*** (v) reseeding of seeded grass areas

*** (vi) pest and disease control

*** (vii) re-mulching

*** (viii) pruning

*** (ix) maintaining the site in a neat and tidy condition

*** (x) removal of tree guards and stakes

*** (xi) repairs to erosion treated and affected areas

*** (xii) stockpile areas.

(b) Joint Inspections

Joint inspections shall be undertaken by the Contractor and Superintendent at three monthly

intervals after commencement of the maintenance period.

Any remedial work shall be performed within two weeks of the date of inspection or during the

planting season following written documentation of the defect.

(c) Replacement Materials

All replacement materials used shall be in accordance with the requirements of this

specification, the drawings and plant schedules.





(d) Maintenance

The works shall be maintained as follows in accordance with the requirements of this

specification, the drawings and plant schedules.

(i) Replanting

Plants which die or do not show satisfactory growth within the maintenance period shall

be replaced and replanted by the Contractor at the Contractor’s expense.

The Contractor shall programme and allow for the supply and propagation of plants

whether by seed or cutting as required for any replanting during the current or next

available planting season.

All plants (including any replacement plants) are required to clearly indicate healthy

growth at the completion of the maintenance period by demonstrating growth through

consecutive growing seasons.

(ii) Weed Control

All planting areas and grassed areas shall be maintained in a minimum 90% weed free

state.

(iii) Watering

All plants shall be watered as necessary to ensure continued healthy and vigorous growth.

*** (iv) Mowing/Slashing ##[strikeout if inapplicable]:

In addition to areas grassed by the Contractor, the Contractor shall mow all areas not

affected by the Works but contained within the road reservation.

Urban grassed areas shall be mown when the height of the grass exceeds 150 mm.

Rural grassed areas shall be mown when the height of the grass exceeds 300 mm.

Areas which have been cut shall have a minimum grass height of 50 mm.

(v) Reseeding of Seeded Grass Areas

Areas with less than 90% grass cover after three months growth shall be resown by the

Contractor at the Contractor’s expense.

(vi) Pest and Disease Control

All plants are to be maintained free of insect infestation and plant disease.

(vii) Re-mulching

Areas mulched with shredded wood mulch shall be maintained at a minimum

consolidated depth of 75 mm and maximum depth of 100 mm.

(viii) Pruning

The Contractor shall prune trees and shrubs to remove damaged limbs/branches etc.

Tree branches likely to form a dominant “U” or “V” shaped crotch shall be removed.

(ix) Maintaining the Site in a Neat and Tidy Condition

The Contractor shall keep the site in a neat and tidy condition.





(x) Removal of Tree Guards and Stakes

Tree guards shall be removed when the plant reaches 1000 mm in height.

Marker stakes shall be removed when the plant reaches the height of the stake.

Advanced tree stakes shall be removed after the second growing season.

(xi) Repairs to Erosion Treated and Affected Areas

The Contractor shall maintain all areas subjected to erosion protection treatments and

shall repair all damage or erosion which arise during the maintenance period. Such areas

shall be re-prepared and re-protected as specified. Additional materials required by the

Contractor to maintain, repair or complete the erosion control work shall be supplied by

the Contractor at the Contractor’s expense.







PART II

CONTRACT SPECIFIC CLAUSES




PO BOX 152, PORTLAND 3305 220

SECTION 100 - CONTRACT SPECIFIC CLAUSES GENERAL

100.1 EXTENT OF WORK

This contract is for the construction of rock beaching along the sea frontage and other

associated works including the following:

(a) Survey and setout of Works. (b) Implementation and administration of a Quality Assurance System for the contract.

(c) Traffic control at the Work Sites.

(d) Removal of vegetation and topsoil.

(e) Earthworks.

(f) Drainage Construction.

(g) Supply and installation of drainage pipe extensions.

(h) Supply and installation of wingwalls. (i) Removal of existing guard fence and guard fence anchorages.

(j) Re-erect guard fence and anchorages.

(k) Supply and installation of Rock Beaching

(l) Landscaping and site rehabilitation.

(m) All other works required for the project

100.2 ACCESS TO WORKS AREA Access to the site shall be via the existing road network, cartage routes to be approved by the

Superintendent under this contract will give preference to the use of classified main roads and

highways.

100.3 WATER SUPPLY AND STORAGE

The procurement of water for the works is the responsibility of the contractor.

The use of sea water is not permitted for works under this Contract.

Water may be obtained, free of charge from the standpipe in Council’s Depot, Fitzgerald Street,

Portland.

Prior to taking of water from any other source, the contractor shall provide to the superintendent

a copy of the access approval from the appropriate sources.

1. Relevant Water Authority.

2. Land Owner.

100.4 PROVISION FOR SERVICES

The Contractor shall make provision for the installation of services on the ## road / bridge and

approaches ##as shown on the drawings and specified below / as required.

The Contractor shall provide free and unobstructed access to the relevant service authorities

and shall co-ordinate the work with that of the authorities.

100.5 QUALITY SYSTEM

Notwithstanding the provisions of Section 160 - Part A, if the Contractor has a documented

Quality System complying with the relevant AS 3901, 3902 or 3903 - 1987 or AS 2990 Category A, B or C, this Quality System may be used. In addition, the following additional requirements shall

be satisfied.





Under AS 3900 series, the additional requirements of 160.A4 for the AS/NZS ISO 9000 series.

Under AS 2990 categories, the following additional requirements:

(a) for Category A, Design Assurance is required (refer to Clause 3.2.1);

(b) for Category B, System Element Manufacture/Construction is required (refer to

Clause 4.13);

(c) for Category C, all system element requirements shall be documented as descriptions

(refer to General Conditions of Contract);

(d) design of temporary works, handling details not specified on the drawings, effects of

construction loads on the permanent works or any other design requirements specified in

the Contract shall be verified in accordance with the Design System Element of AS 2990

Category A.

100.6 DEFECTS LIABILITY

Further to Clause 37.2 of the General Conditions of Contract any omissions and defects which

existed at the commencement date of the Defects Liability Period shall be corrected by the

Contractor within the time nominated by the Superintendent in writing. Where the

Superintendent has not nominated the time for correction of omissions and defects the

Contractor shall undertake any required work within 4 weeks of the commencement date of the

Defects Liability Period.

100.7 FAILURE TO LODGE SECURITY DEPOSIT OR FAILURE TO RETURN EXECUTED CONTRACT DOCUMENTS

No payments will be made under this Contract until the executed contract documents and

security deposit (if applicable) have been lodged with the Glenelg Shire Council.

100.8 MAINTENANCE BEFORE PRACTICAL COMPLETION

The contractor shall ensure that the site is continuously drained, that natural and artificial drains

are kept free from obstructions and debris, and that effective measures are taken to minimise

and control scouring and siltation. Natural gullies, open drains, underground drains and

structures shall be inspected regularly by the Contractor ensuring that material restricting water

flow is promptly cleared. The Contractor shall take measures to prevent the escape of pollutants, construction materials, soils, silts clay and other contaminants into the natural water

courses and aquifers. All work shall be in accordance with the pollution control plan specified in

Section 100.10.

100.9 FINAL STATEMENT BY CONTRACTOR

Further to Clause 42.6 of the General Conditions of Contract the Superintendent may at any

time after the issue of the Certificate of Practical Completion and before the issue of the Final

Certificate direct the Contractor to furnish to the Superintendent a final statement of all claims

the Contractor has against the Glenelg Shire Council.

100.10 ENVIRONMENTAL MANAGEMENT

(a) General

The Contractor shall be responsible for implementation of measures to control air and

water pollution emanating from the site at all times during the Contract.





The Contactor shall consult the Environment Protection Authority and Department of

Natural Resources and Environment and shall submit to the Superintendent for review,

a detailed Pollution Control Plan not less than fourteen days prior to commencement of

work. This Plan shall comply with all the requirements of the Environmental Protection

Authority Publication No. 275, Construction Techniques for Sediment Pollution Control,

May 1991 and shall address the following requirements:

(i) control/reduce erosion by minimising the extent and period of exposure of

disturbed areas;

(ii) suppression of dust;

(iii) pass natural runoff from the adjacent catchment through or around the site

without mixing it with polluted runoff from the site;

(iv) capture or settle sediments before runoff flows from the site;

(v) hold on the site all water polluted by materials washed from vehicles, fuels or

other chemicals and arrange for effective treatment of such fluids;

(vi) achieve water quality standards prescribed by the responsible authority;

and

(vii) seek information on native vegetation area(s) at the site and ensure site

activities do not affect such areas and progressively revegetate any disturbed areas

of the site as work proceeds to a better than original condition.

The Plan shall contain as a minimum:

(i) details of all erosion and sedimentation controls including any control measures

to be implemented in advance of clearing and grubbing, and control measures for

suppression of dust;

(ii) a schedule indicating proposed times for implementation of pollution control

measures;

(iii) the name of the suitably qualified and experienced person responsible for

implementation of the plan.

(b) Implementation of the Pollution Control Plan

The Contractor shall monitor all air pollution control measures on a daily basis and

inspect all temporary erosion and sedimentation control works after each rain period

and during periods of prolonged rainfall.

Unless directed otherwise by the Superintendent temporary control measures shall be

removed by the Contractor when revegetation has established on formerly exposed areas or prior to the end of the Contract. All materials used therein shall be removed

from the site of the works and disposed of by the Contractor.

If the Contractor fails to maintain effective pollution control measures, the Superintendent

may suspend the works or take any action deemed necessary and deduct the cost of such

action from moneys due or becoming due to the Contractor.

100.11 SURVEY MARKS.





Further to clause 201.08, the contractor shall not destroy any survey marks unless prior written

approval has been obtained from the superintendent.

100.12 PRESERVATION OF HISTORIC FEATURES

The Contractor is informed that there are several features with historical significance near the

work site. Whilst these features are not directly within the limits of the works, care should be taken

to avoid damage to these structures during the works by surrounding them with “Paraweb” or equivalent visible barriers. The features are shown on the plans as “Historic Monument” and

“Historic Bluestone Bridge”.





100.13 CONTRACTORS IDENTIFICATION SIGNS

Further to section 160.C5, contractors and construction company signage is permitted to be

attached to structures under construction and site compounds.

100.14 PROVISION FOR TRAFFIC

The Contractor shall submit a traffic management plan for each significant stage of

construction. The standard of clear travel path shall not fall below the provisions of Clause 166.07, outside working hours.

In the development of the various traffic management schemes the Contractor shall take into

account the following.

The road(s) are not permitted to be closed to through traffic unless a structural failure of the existing road occurs during the works.

The Contractor shall be responsible for the provision of and maintenance of all

traffic management measures and signage associated with the works.

Traffic management shall be carried out in accordance with VicRoads standard specification,

Section 166.

100.15 SITE MANAGEMENT AND SUPERVISION

Notwithstanding the requirements of Clause 160.E1, Council may approve of persons having a

lesser qualification subject to evidence of satisfactory field experience being submitted and

approved.

100.16 TESTING CODES OF PRACTICE Further to clause 160.E5 (d) the following VicRoads Code of Practice are applicable for testing:

Method No. Code of Practice Name 500.04 Code of Practice - Description of Soils and Rocks

500.11 Code of Practice - for Surveillance of Testing and Work.

500.16 Code of Practice - for selection of Test Methods for the

testing of Materials and Work.





SECTION 200 - CONTRACT SPECIFIC CLAUSES FORMATION CONSTRUCTION

200.1 STOCKPILING

Stockpiling of topsoil, earthworks or pavement material within the road reserve shall be only at

approved existing stacksite locations or as approved by the Superintendent. All surplus material

shall be removed from the site.

200.2 UNSUITABLE SUBGRADE MATERIALS.

Unless otherwise approved or directed by the Superintendent, materials excavated under the

provisions of this clause shall be removed from site. Materials used to replace excavated

unsuitable material are to be obtained from approved locations “off site”

200.3 EROSION

The contractor shall establish and maintain suitable systems and adequate drainage to prevent

erosion.

200.4 CLEARING AND GRUBBING

HP Further to clause 201.03, before commencing clearing and grubbing, the Contractor shall obtain approval from the Superintendent to the limits of clearing.

The Contractor shall mulch all trees and vegetation (except Gorse and other noxious weeds)

and shall stockpile the mulch for re-use on site during landscaping and rehabilitation.

Any surplus mulch material shall be removed from site.

200.5 EARTHWORKS - TOPSOIL The existing topsoil across the site contains large quantities of seeds and root stock of

undesirable noxious weed species (Gorse).

Existing infested topsoil shall be stripped from the works area to a depth of not less than 0.2m

and shall be placed in a designated non-structural fill zone where it shall be buried beneath

other layers of soil.

Topsoil removed from this infested upper zone shall not be used for rehabilitation and landscaping works. Clean topsoil shall be stripped from the works area and stockpiled for use in rehabilitation and

revegetation works.

Should additional topsoil material be required, approved material shall be imported in

accordance with the requirements of Section 720 – Landscape Works.

200.6 IMPORTED TYPE (B) FILL

The agreement of the Landowner and Superintendent in writing shall be obtained prior to the

removal of imported material from any external borrow source.

200.7 DRAINAGE

All existing drainage pipes are to be fully cleared and brought into a fully serviceable condition.





200.8 GUARDRAIL RE-ERECTION

If required the existing steel beam guard fence along the existing Dutton Way Road, shall be

disassembled, removed, stockpiled to allow access to the works area, and then re-erected in

their original positions.

During the disassembly, removal and stockpiling of the existing guard fence, every effort shall be

made to avoid damage to, and loss of, components.

The best quality components shall be chosen from the stockpile for use in re-erecting the guard

fence.

Surplus materials shall be transported and stockpiled at the Council’s Depot in Fitzgerald Street,

Portland and shall remain the property of Glenelg Shire Council.

Guard fence re-erection shall be carried out in accordance with Section 708 – Steel Beam

Guard Fence.

Contractors do not need to allow for supply of any new components, however will be

responsible for replacement of components lost or damaged during the works.

200.9 SPACING OF DELINEATORS ON GUARD FENCE AND BRIDGE RAIL

Further to Section 708 - Steel Beam Guard Fence; Delineators shall be spaced in accordance

with RCA “Traffic Engineering Manual Volume 2, Signs and Markings; Section 25 - Guide Posts

and Delineators.”





SECTION 700 - CONTRACT SPECIFIC CLAUSES

INCIDENTAL WORKS 700.1 ROCK BEACHING

The Contractor shall construct rock beaching along the seaward batter of the fill zone as shown

on the drawings.

The depth of the rock beaching shall be as shown on the drawings.

The rock material for the beaching shall be Type 1 Rock Beaching, having the following physical

properties:

Bottom Layer - Basalt Rock (Bluestone) 70 to 250 kg rocks with density 2.3 ± 0.2 tonne/m3

Top Layer - Basalt Rock (Bluestone) 0.7 to 2.5 tonne rocks with density 2.3 ± 0.2

tonne/m3

50% greater than 1.4 tonne mass

Preparation of the surface on which the beaching will be placed shall be carried out in

accordance with Section 713 – Beaching.

A layer of very robust geotextile fabric as defined in Section 210 – Geotextiles in Earthworks, and

shown on the drawings, shall be placed between the rock beaching and the underlying materials.

700.2 SITE REHABILITATION AND REVEGETATION

The Contractor shall undertake works to rehabilitate and revegetate the area affected by works

in accordance with the rehabilitation and revegetation plan supplied.

The surface to be planted shall be prepared in accordance with Section 720 – Landscape Works.

The Contractor shall use “Aquaseed” or equivalent direct seeding/mulching/erosion protection

on all areas to be revegetated or planted.

Indigenous species of trees and grasses shall be planted and sown in the areas identified on the

plan, to the specified spacing and density.





SECTION 1000 - CONTRACT SPECIFIC CLAUSES MEASUREMENT AND PAYMENT

1000.1 GENERAL

This section covers the requirements for measurement and computation to be used in the

determination of quantities of materials furnished and work performed under the Contract and

provides the basis for payment.

Except for the specific items listed in this section, or unless otherwise specified, lengths and areas will be measured in the horizontal plane.

Where payment is made at a lump sum, payment will be made on the tendered amount for the

item of work completed, subject to such work being completed in accordance with the

requirements of the plans and specification.

Where payment is made at rate per unit, payment will be made at the relevant tendered rate for the measured quantities of materials supplied and work performed in accordance with the

requirements of the Contract.

1000.2 PREPARATION AND MAINTENANCE OF QUALITY SYSTEM @@(delete inapplicable clause):

@@No separate payment shall be made for the costs of work associated with planning, establishing, implementing and maintaining a Quality System. All costs associated with

planning, establishing, implementing and maintaining of the Quality System will be deemed to

be included in the Contract Sum.:

@@Item for Preparation and Maintenance of Quality System

Measurement for preparation and maintenance of Quality System shall be as an item.

Payment shall include full compensation for all work associated with planning, establishing,

implementing and maintaining a Quality System as specified.

Payment will be made on a two part basis as follows -

(a) an initial payment of 30% of the total item amount will be made on acceptance of the

Quality System documents by the Superintendent;

(b) the remaining 70% of the total item amount will be paid on a pro-rata basis over the

period of the Contract for actual work performed progressively.:

1000.3 JOINT MEASUREMENT

Unless otherwise specified, a joint measure shall be undertaken to confirm final quantities of

provisional quantity items.

If measurement is required the Contractor shall notify the Superintendent in sufficient time and at

such appropriate time to enable a joint assessment by the Superintendent and the Contractor.

1000.4 MEASUREMENT BY MASS

Where material is to be measured by mass it shall be measured in tonnes. The Contractor shall





measure and document the mass of all materials supplied under the Contract in accordance

with the Specification and the Contractor's Quality Plan.

Further, the Contractor shall provide, on request by the Superintendent, objective evidence to

the ongoing verification of the accuracy of any weighing devices to assure the Glenelg Shire

Council of the accuracy of the measured mass of material delivered.

1000.5 PAYMENT REDUCTION

Work which fails to fully satisfy the specified standards but is acceptable on reduced payment,

will be valued in accordance with the percentage reduction stated in the relevant clause or

table. The reduced payment will be based on rates submitted in the Schedules or where no rate

is provided, on the value or rate for the work as agreed between the Superintendent and the

Contractor. Where no agreement can be reached the work will be valued by the

Superintendent.

1000.6 PAYMENT FOR MATERIALS NOT INCORPORATED IN THE WORKS

The Glenelg Shire Council will if requested by the Contractor consider making payment for the

materials listed below prior to their incorporation in the Works.

Payment will only be made in accordance with the provisions of Clause S12 of the

Supplementary General Conditions of Contract.

Materials: Nil

1000.7 MEASUREMENT AND PAYMENT FOR GENERAL ITEMS - SCHEDULE 5 Payment will be made for the tendered sum for general items in Schedule 5 – Schedule of

Quantities and Prices. Payment for such items will not be subject to variations in quantities.

1000.8 MEASUREMENT AND PAYMENT OF PROVISIONAL SUMS AND QUANTITIES - SCHEDULE 5

Payment will be made at the relevant tendered rate for the measured quantities of materials

supplied and work performed for provisional items listed in Schedule 5, in accordance with the requirements of the Contract.

1000.9 MEASUREMENT AND PAYMENT OF ITEMS IN SCHEDULE 4 - RATES FOR VARIATION PURPOSES

Where an addition or deduction to the Works is made for any item in Schedule 4 - Rates for

Variation Purposes, an addition or deduction as applicable shall be made to the Contract Sum,

calculated as the quantity variation multiplied by the relevant rate from the Schedule.

Variations in quantities shall be measured in accordance with this section.

(a) Reduction of payment under Item @@: for the application of a size 10 Primerseal in lieu

of a size 14 Prime and Seal.

The Contract Sum shall include all costs associated with supply, delivery and

application of primer and binder for the size 14 prime and seal including aggregate in

accordance with the requirement of the specification at the rates nominated in





Clause 408.15. Where a size 10 primerseal is applied in lieu, payment will be assessed

and dealt with in accordance with the appropriate rate.

(b) Payment under Schedule Item 5.1 for variation in the rate of application of Primer and

Binder (Prime and Seal) or Primerbinder (Primerseal)

The Contract Sum shall include all costs associated with the supply, delivery and

application of primer and binder or primerbinder in accordance with the requirement

of the specification at the rates nominated in Clause 408.15. Where any variation to the rate of application of primer and/or binder or primerbinder is made in accordance

with Clause 408.07, payment will be assessed in accordance with the relevant rate in

Schedule 5.

(c) Payment under Schedule Items 3.2 for the Spreading, Compaction and Trimming of

Class 2 and Class 3 size 20 Plant Mixed Wetmix Crushed Rock and Class 4 Crushed Rock,

limestone or equivalent material.

The Contract Sum shall include all costs associated with the handling, spreading,

compacting and trimming of base and subbase pavement material in accordance

with the requirements of the drawings and specification.

Where any reduction in payment is determined in accordance with Clause 324.03,

payment will be assessed in accordance with the relevant rates in Schedule 5.

(d) Payment under Schedule Item @@: for the Supply, Delivery, Spreading, and

Compaction of Asphalt.

The Contract Sum shall include all costs associated with supply, delivery, spreading,

and compaction of asphalt as shown on the drawings or as specified, irrespective of

depth, size or asphalt type in accordance with the requirements of the specification.

Where any reduction in payment is determined in accordance with Clause 407.22,

payment will be assessed in accordance with the relevant rate in Schedule 2.

PART III

CONTRACTOR REQUIREMENTS

OCCUPATIONAL HEALTH AND

SAFETY





Section A

OH & S ACT (1985)

PART III - GENERAL PROVISIONS RELATING TO OCCUPATIONAL HEALTH & SAFETY

-DUTIES OF EMPLOYERS- 21. (1) An employer shall provide and maintain so far as is practicable for employees a

working environment that is safe and without risk to health.

(2) Without in any way limiting the generality of sub-section (1) an employer contravenes that sub-section if the employer fails:

(a) to provide and maintain plant and systems of work that are so far as is practicable

safe and without risks to health;

(b) to make arrangements for ensuring so far as is practicable safety and absence of

risks to health in connection with the use, handling, storage and transport of plant

and substances;

(c) to maintain so far as is practicable any workplace under the control and

management of the employer in condition that is safe and without risks to health;

(d) to provide adequate facilities for the welfare of employees at any workplace

under the control and management of the employer; or

(e) to provide such information, instruction, training and supervision to employees as are necessary to enable the employees to perform their work in a manner that is

safe and without risks to health.

(3) For the purposes of sub-sections (1) and (2):

(a) "employee" includes an independent contractor engaged by an employer and

employees of the independent contractor; and

(b) the duties of an employer under those sub-sections extend to such an independent

contractor and the independent contractor's employees, in relation to matters

over which the employer:

(i) has control; or

(ii) would have had control but for any agreement between the employer and the independent contractor to the contrary.

(4) An employer shall so far as is practicable:

(a) monitor the health of the employees of the employer;

(b) keep information and records relating to the health and safety of the employees of the employer;

(c) employ or engage persons who being suitably qualified in relation to occupational

health and safety are able to provide advice to the employer in relation to the





health and safety of the employees of the employer;

Contractor Requirements, Occupational Health and Safety, March 1996 - Page 1 of 8





(d) monitor conditions at any workplace under the control and management of the

employer; and

(e) provide information to the employees, of the employer in such languages as are

appropriate, with respect to health and safety at the workplace, including the

names of persons to whom an employee may make an inquiry or complaint in

relation to health and safety.

Duties of employers and self-employed persons

22. Every employer and every self-employed person shall ensure so as as is practicable that

persons (other than the employees of the employer or self-employed person) are not

exposed to risks to their health or safety arising from the conduct of the undertaking of the

employer or self-employed person.

Duties of occupiers of workplaces

23. An occupier of a workplace shall take such measures as are practicable to ensure that the

workplace and the means of access to and egress from the workplace are safe and

without risks to health.






Section B

CONTRACTOR REQUIREMENTS OCCUPATIONAL HEALTH AND SAFETY

TENDERS Contractors tendering to undertake project works on behalf of Council are required, as part of

the tendering process, to provide objective evidence that they have in place a safety program

and systems which as a minimum demonstrate compliance with the employer duties section of

the OH&S Act (1985).

Following is a listing of the sections of the "Act" which must be addressed and examples of what

may be regarded by Council as "compliance documentation":

(Tenderers must sequentially and comprehensively address all sections.)

PLANT Ref. 21(2)a OH&S Act

* Provide a statement outlining the company plant maintenance program which should be in

accordance with manufacturer's specifications.

* Provide examples of completed Plant Maintenance Records or other similar supporting

documentation.

* Outline and completed documentation relating to the existence of a system of pre-start daily

plant safety checks e.g. by operators or fitters.

* Outline and documentation relating to plant fault reporting systems.

* Outline of plant operators' training program - include typical record(s) of training and

experience.

* Provide explanation of controls to ensure the safety of any sub-contractor plant and to

determine the proficiency of sub-contractor plant operators - include copies of completed

documentation.

* Provide a listing of documentation which would be available on-site to Council auditors and which would demonstrate ongoing compliance with stated Occupational Health and Safety

obligations.

SYSTEMS OF WORK Ref. 21(2)a OH&S Act

* Provide a listing and examples of any company safe operating procedures or specific safety

instructions routinely issued to personnel.

* Provide documentation to support the existence of any permit to work systems.

* Provide examples of any documented "work procedures" or "operational notes" with OH&S

implications.

* Provide a listing of documentation which would be available on-site to Council auditors and

which would demonstrate ongoing compliance with stated Occupational Health and Safety obligations.

DANGEROUS GOODS/CHEMICALS Ref. 21(2)b OH&S Act





• Provide a statement outlining the company approach to the application of the Dangerous

Goods Act in regard to use, handling, storage and transport.






* Outline systems used to ensure the safe and informed use of chemicals etc. by workers.

* Provide evidence of a register(s) or listing of chemicals maintained at the workplace.

* Advise as to the availability to workers of Material Safety Data Sheets (MSDS).


which would demonstrate ongoing compliance with stated Occupational Health and Safety

obligations. SAFE WORKPLACE Ref. 21(2)c OH&S Act * Provide a statement outlining company Workplace Hazard Identification and Control

Programs - include advice as to the frequency of inspections and the composition of

inspection teams.

* Provide completed examples of Workplace Inspection Checklists or Reports.

* Provide a copy of any hazard reporting procedures, or instructions or other similar

documentation.



obligations.

SAFETY TRAINING/INDUCTION Ref. 21(2)e OH&S Act

* Provide a statement outlining company safety training policy/strategy.

* Provide examples of individual safety training records (or records incorporating safety

training).

* Provide a summary or examples of safety training courses provided for, or undertaken by

relevant employees during the past 12 months.

* Provide a statement outlining company safety induction programs and procedures as they

apply to:

(a) company personnel

(b) sub-contractor personnel.

* Provide copies of completed induction checklist and records as evidence of company

employee and sub-contractor inductions.



obligations.

MANAGEMENT OF SUB-CONTRACTORS Ref. 21(3)a,b

* Provide a statement outlining overall company requirements re the employment of

sub-contractors.



obligations.





EXPERT OH&S ADVICE Ref. 21(4)c

* Provide a listing of persons employed or engaged by the company to provide expert OH&S

advice.






Section C

CONTRACTOR REQUIREMENTS OCCUPATIONAL HEALTH AND SAFETY

SITE SAFETY PLANS Prior to commencing work successful tenderers will be required to submit a site safety plan as part of the contract quality plan detailing the practices and procedures which will apply during

the term of the contract.

It is expected that site safety plans which will be subject to audit will include as a minimum those

factors identified hereunder and in the attached examples of specific safety references.

RESPONSIBILITY AND ACCOUNTABILITY

1. Copy of site Statement of Safety Policy for display throughout site.

2. An outline of site safety organisation and structure i.e. names and/or positions of those with

specific safety responsibilities (e.g. flow chart format).

3. Position and/or name of senior "on-site" person who will liaise with Council re safety matters.

4. Evidence that management and supervisory staff are adequately trained in OH&S matters

i.e. training records, course outlines.

5. Evidence that safety responsibilities are formalised e.g. included in job descriptions.

6. Names and/or positions of those site personnel with authorisations, permits, certificates,

licences etc. who may be required to supervise specialist work activity involving, for example:

trenching

tunnelling

scaffolding/rigging

crane driving-chasing

explosives

lasers

explosive power tools

other site-specific specialist activity.

Copies of current authorisations etc. must be sighted and available for audit.

7. Name(s) and position(s) of those employed or engaged by the contractor to provide

specialist OH&S advice regarding site safety in accordance with sect.21(4)c of the

OH&S Act (1985).

8. Other statements and/or documentation in relation to Responsibility and Accountability.





SAFETY TRAINING/INDUCTION

1. An outline of safety training which has or will be provided for managers, supervisors and

employees who will be employed on site.

2. An outline of site induction procedures for employees and sub-contractors.

3. Details of induction course content.

4. The maintenance of a current site induction records/register which will be available for audit.

5. Details of plant operator training and experience and any other "skills" training provided.

6. Describe company procedures for ensuring sub-contractors engaged to undertake work on

site are adequately trained and/or experienced.

7. Include any other statements and/or documentation in relation to Safety Training and

Induction.

WORKPLACE SAFETY

1. What workplace safety inspection procedures are to be used on site i.e. checklist format;

frequency of inspection; team members. How will inspection findings be actioned?

2. Inspection checklists and/or reports to be available on site for audit.

3. Outline or example of any hazard reporting procedures/instructions to be adopted on site.

4. Activities or site areas targeted for specific inspections e.g. explosives, dangerous goods,

electrical equipment etc.

PLANT SAFETY

1. Availability (preferably on-site) of plant maintenance records for audit.

2. Procedures and documentation to support existence of daily pre-start safety checks.

3. Copy or outline of plant fault reporting system to be used on site.

4. Controls to ensure the safety of sub-contractor plant when on site.

5. System used to ensure the competency of any sub-contractor plant operators employed on site.

6. Only trained and experienced plant operators to be employed on site. Evidence of training,

experience, licence etc. to be provided as requested by Council.

7. Include any other statements and/or documentation in relation to Workplace Plant and

Safety.

POST ACCIDENT PROCEDURES

1. Outline and copy of accident reporting and investigation system and procedures to be used

on site.

2. Type of accidents to be investigated and by whom.

3. Council to be notified of any accident requiring OHSA notification.

4. Summary of on-site accidents and accident reports to be maintained on site and available for audit. To include sub-contractor and visitor accidents.

5. Site safety statistics to be maintained e.g. cause of injury type of accidents etc. for audit.





6. Council to be notified of major incidents involving property and equipment.

7. List any other site-specific requirements in relation to Post Accident Procedures.

SYSTEMS OF WORK

1. Provide a list and copies of company safe operating procedures or instructions routinely

issued to site personnel.

2. Copies of site-specific instructions issued to personnel e.g. working in proximity to pipelines,

tunnelling, trenching, site traffic procedures etc.

3. Site operations which will be subject to permit to work systems (include copy of permit

documentation).

4. Include any other statements and/or documentation in relation to systems of work.

CONSULTATIVE ARRANGEMENTS 1. Listing of current employee and employer safety representatives displayed on site.

2. Existence of company/site issue resolution procedures.

3. Format representation and frequency of site safety committee. Agendas and minutes of

meetings to be available for audit.

4. Any other consultative arrangements which will be adopted on-site.

EMERGENCY PROCEDURES

1. Outline site emergency plan/structure and the means by which it is brought to the attention

of employees.

2. The provision of emergency equipment. First-aid supplies, fire extinguisher locations - relevant Code of Practice.

3. Listing of current qualified First Aiders - copy of certificates available for audit purposes.

4. Arrangements/co-ordination with other site occupants in the event of an emergency.

5. Any other emergency procedure which will be adopted on-site.

DANGEROUS GOODS/CHEMICALS

1. A register of chemicals or manifest of dangerous goods will be maintained on-site and be

available for audit. Must include quantities, classifications, etc and be co-ordinated with

other site occupants.

2. Material Safety Data Sheets (MSDS) must be available for each chemical product used or

stored on-site and be available for audit.

3. Assessment factors to be regularly assessed and appropriate approvals and licences

obtained, emergency plans developed to be available for audit where applicable.

4. Identify person(s) or position(s) responsible for conducting, co-ordinating and/or assessing

dangerous goods.

5. Appropriate HazChem signs to be displayed.





EXAMPLES OF SPECIFIC SAFETY REFERENCES

Amenities

Lunch, locker and wash rooms, toilets, cleaning/laundry arrangements,

hot/cold water.

In accordance with workplace code of practice.

First Aid

Compliance with Code of Practice. First aid kits, qualified first aiders,

records.

Site Traffic

Traffic flow arrangements, speed controls, traffic control access restrictions,

visitor control.

Haul Roads

Adequate width passing bays, grading, dust control, identified authorised

tracks, no road and other warning signs.

Heavy Plant and

Equipment

Planned maintenance program. Pre-start safety checks. Seat belts, roll

over protection, licenced and trained operators/drivers.

Electrical Equipment

Compliance with Code of Practice

Regular inspections - tagging of cables and portable power equipment.

Lock out procedures.

Workshops/Storage Areas

Gas Bottle Storage. Guarding.

Chemicals/flammables stored and used correctly. Smoking restrictions.

Codes of Practice

General awareness and commitment to comply with all relevant codes of

Practice.

e.g.

Roadworks Signing (VicRoads)

Plant Safety (VicRoads)

Scaffolding (Regs)

Noise

Workplaces

First Aid in the Workplace

Safe Work on Roofs

Building and Construction Workplaces

Manual Handling

Safety Precautions Trenching Operations

Safe Use of Cranes in the Building and Construction Industry

Temporary Electrical Installations on Building and Construction Sites

Provision of OH&S Information in Languages other than English

Protective Clothing and Equipment

Ensure all workers are issued and wear/use all necessary clothing and

equipment.

Permits to Work For work undertaken in hazardous areas or work involving an inherent

degree of risk, e.g. confined spaces, tip excavations, explosives,

scaffolding.

After Hours Safety/Security

Fencing, barriers, warning signs, lights, security patrol, trenches, plant,

chemicals, etc.






PART V

SCHEDULE OF DRAWINGS





SCHEDULE A

SCHEDULE OF DRAWINGS

Sheet Number

Drawing Number

Description

GENERAL DRAWINGS 1 of 2 V5738.01 Plan of works area

2 of 2 V5738.02 Rockwall Standard Cross Section

CONTRACT SPECIFIC DRAWINGS

Nil

STANDARD DRAWINGS (included in Specification)

Nil

Note: A set of construction plans i.e. A3 size, will be made available to

the successful contractor.

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