Specification for the Construction of Roads and Drains

Section A

General Clauses and Requirements

REVISIONS

REVISION NUMBER / CLAUSE NO. & DESCRIPTION OF CHANGE / RELEASE DATE
1 / Initial Release / 16-Sep-2003
2 / Update or references and general amendments / 10-Apr-2015

SECTION A

GENERAL CLAUSES AND REQUIREMENTS

INDEX TO CLAUSES

A.1 / The Quality System / 5
A.2 / Hold Points / 5
A.3 / Quality System Documents / 5
A.4 / Additional Quality System Requirements / 5
A.5 / Occupational Health and Safety / 6
A.6 / Surveillance and Audits by Mornington Peninsula Shire Council / 7
A.7 / Contract Documents / 7
A.8 / Visiting Site / 8
A.9 / Order of Works / 8
A.10 / Working Hours / 8
A.11 / Extension of Time Due to Inclement Weather / 8
A.12 / Co-operation / 8
A.13 / Sub-letting of Works and Assignment of Money / 8
A.14 / Industrial Awards and Site Allowances / 9
A.15 / Material Standards / 9
A.16 / Origin of Materials / 9
A.17 / Materials supplied by Council / 9
A.18 / Examination and Testing of Material and Work / 9
A.19 / Maintenance / 10
A.20 / Sanitary Accommodation / 11
A.21 / Set-out Works / 11
A.22 / Public Utilities and Services / 11
A.23 / Existing Water Services / 12
A.24 / Traffic Management / 12
A.25 / Pavement Markings / 16
A.26 / Provision for Storm Water / 16
A.27 / Erosion Control / 16
A.28 / Emergency Plumbing Works / 16
A.29 / Rock Excavation / 16
A.30 / Explosives / 17
A.31 / Limitation of Ground Vibration During Construction / 17
A.32 / Under Road Boring / 17
A.33 / Cartage and Damage to Roads etc. / 18
A.34 / Clearances from landowners and occupiers / 18
A.35 / Fences / 18
A.36 / Works on Private Property / 18
A.37 / Reinstatement / 19
A.38 / Cleaning Up / 19
A.39 / - / 19
A.40 / Progress Information for Scheme Participants / 19
A.1 / THE QUALITY SYSTEM
The Contractor shall plan, develop and maintain a documented Environmental Management System and Quality System in accordance with this Specification and with the Australian Standards specified below:
·  AS/NZS ISO 9001: 2000
·  AS/NZS ISO 14001: 2004
The Contractor must maintain current third party certification of its quality systems certified by an accredited certification body registered by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) - such systems must cover and be implemented on all work under the Contract. Contractors maintaining third party certification to the Civil Construction Management Code will be deemed as meeting this requirement.
Council reserves the right to conduct surveillance audits of the Contractors activities against the requirements of the Contractor’s certified management systems.
A.2 / 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.
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.
The review by the Superintendent of a hold point will not relieve the Contractor of responsibility for satisfactory execution or performance of the work.
Twenty-four (24) hours notice is required prior to a hold point review. Failure to provide notice may result in a delay in the release of a hold point.
A.3 / QUALITY SYSTEM DOCUMENTS
Further to Clause 8.4 of the General Conditions of Contract, the Contractor shall submit for consideration by the Superintendent at the signing of the Contract Agreement – a site-specific environmental management plan and a controlled copy of the contract specific quality plan including specific quality procedures/descriptions relating to the work.
Works must not commence until the Superintendent notifies the Contractor that the quality plan is suitable.
Mornington Peninsula Shire Council reserves the right to photocopy the above documentation for its own use in the administration of the Contract.
A.4 / 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) Identification
The Contractor shall identify all test results with the precise locations to which they relate.
(b) Traceability
Traceability is not required unless otherwise specified.
(c) 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.
(d) Records
The Contractor shall make all records pertaining to the Contract available to the Superintendent at all reasonable 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:
(i) Design and Construct Contracts
As built drawings shall show the Works as constructed. The location of services of others within the limits of the work shall also be shown and detailed.
(ii) All Other Contracts
Departures from the drawings shall be clearly marked on a set of the Contract Drawings.
(e) 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.
(f) 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 ISO 10011-1:1990 “Guidelines for Auditing Quality Systems - Part 1: Auditing”.
(g) 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 verified in accordance with the Design System Element of AS.9001-1994.
A.5 / OCCUPATIONAL HEALTH AND SAFETY
The Contractor shall develop and maintain an Occupational Health and Safety Management System (OHSMS) in accordance with AS/NZS 4801:2001, which ensures compliance with all duties of an employer under the Occupational Health and Safety Act 2004..
The Contractor shall implement the OHSMS by means of a contract specific Occupational Health and Safety Management plan (OHS Management Plan) which includes a risk assessment of hazards associated with the works and provides for prompt notification to the Superintendent of any accident or injury occurring at the site.
The completed Health and Safety Plan and Risk Assessment shall be in accordance with Managing Contractor Health & Safety Risks – Guidelines for Local Government (a copy of this manual may be obtained from the Mornington Peninsula Shire Council through the Superintendent).
The Contractor must prepare and submit the Safety Plan and Risk Assessment prior to commencing the works under the contract. A Risk Assessment Form shall be used to record the risk assessment and risk control methods to be employed by the Contractor.
The Contractor must demonstrate the use of proper and safe plant and equipment, and systems of work that are safe and in which there has been adequate instruction, training and supervision.
Where the Contractor is required to co-operate with others (Clause A.12), co-ordination of the parties to ensure relevant safety issues are reviewed and implemented will be arranged by the Superintendent. When requested by the Superintendent, the Contractor shall be represented at meetings convened by Mornington Peninsula Shire Council for the purpose of reviewing occupational health and safety matters related to the site of the Works.
The Contractor and the Contractor’s agents shall, so far as is practicable, provide and maintain for employees and agents of Mornington Peninsula Shire Council who, in the course of their work for Mornington Peninsula Shire Council, enter the site, an environment that is safe and without risks to health.
A.6 / SURVEILLANCE AND AUDITS BY MORNINGTON PENINSULA 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 the audit or surveillance to be undertaken.
Notwithstanding that Mornington Peninsula 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.
Mornington Peninsula Shire Council will carry out audit and surveillance of the work of all sub-contractors and suppliers as it sees fit, in the same way that it may carry out audit and surveillance work done and materials supplied by the Contractor.
The Superintendent may for this purpose have recourse to audit and surveillance carried out for other Mornington Peninsula Shire Council contracts. Copies of any such audit and surveillance reports used by the Superintendent will be provided to the Contractor.
A.7 / CONTRACT DOCUMENTS
The whole of the work is to be executed in strict accordance with this specification, the General Conditions of Contract (AS2124 - 1992), the accompanying plans and with any working drawings furnished as the work proceeds. The specification and drawings represent the requirements and intentions of the contract. Any other operations which may be reasonable inferred from these documents to form part of the true intent and meaning of this contract, although not specifically stated as such, will be deemed to have been included, and due allowance for their execution must be made.
The whole of the works hereinafter described shall be included in one or more contracts, each of which is to include the supply of all materials, tools, plant, fencing, cartage, labour and all other things (excepting such as are specified as being supplied by the Mornington Peninsula Shire Council) whether temporary or permanent, which may be necessary to carry out the work to the true intent and meaning of the specification.
A.8 / VISITING SITE
Contractors are advised and expected to visit the site of the proposed works before tendering and to ascertain themselves the actual extent of the work to be done, the nature thereof, and the difficulties connected therewith, as the Council will not entertain any claim whatsoever on account of failure to do so.
A.9 / ORDER OF WORK
The works shall proceed in accordance with the works program furnished by the Contractor unless directed otherwise in writing by the Superintendent. The Contractor shall be allowed to occupy or take up only such portion of the streets or roads through which the works are to be carried out as the Superintendent may from time to time consider requisite and necessary. In the event of the Contractor failing to proceed with the work satisfactorily after any portion of the street has been opened up. The Superintendent shall have full power to complete the work in such manner, as the Superintendent may think fit at the sole risk and expense of the Contractor.
A.10 / WORKING HOURS
Before commencing work under the Contract, the Contractor shall submit, for the Superintendent’s review, 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 on any Sunday, public holiday, between Good Friday and Easter Monday inclusive, or during the Christmas to New Year periods;
(b)  no work shall be carried out on the site outside the period between 7.00 am or sunrise, whichever is the later, and 6.00 pm or sunset, whichever is the earlier;
(c)  Saturday - no work shall commence before 9.00 am. Refer Environment Protection Authority Residential Noise Regulations 48a(5) ;
unless otherwise specified or approved by the Superintendent.
A.11 / EXTENSION OF TIME DUE TO INCLEMENT WEATHER
When wet weather delays the progress of the works resulting in a claim for extension of time, the Contractor shall inform the Superintendent as soon as the work is affected (by telephone). The Superintendent shall record when the delay was reported and an assessment of the delay claimed. This record will form the basis of the Superintendent awarding extension of time.
A.12 / CO-OPERATION
The Council reserves the right to perform work or to award other contracts for work on or adjacent to this project. The Contractor shall co-operate with all other Contractors or other forces so as to avoid delay or hindrance to their work and ensure that all work is performed expeditiously.
A.13 / SUBLETTING OF WORKS AND ASSIGNMENT OF MONEY
Special attention is drawn to General Conditions of Contract Clause 9.
A.14 / INDUSTRIAL AWARDS AND SITE ALLOWANCES
The Contractor shall be required and agrees by submission of a tender to undertake to:-
(a)  Adhere to awards and formal agreements.
(b)  Adhere to National Wage Case Principles.
(c)  Prohibit “all-in” or “cash-in-hand” payments.
(d)  Ensure good safety practice in accordance with relevant legislation, awards, and the procedures contained in building Industry Agreement.
(e)  Refuse claims for payment for lost time due to industrial action unless exceptional circumstances exist of genuine safety issues or fundamental breaches of contract of employment by employers.
(f)  Any site allowances negotiated between the Contractor and any Industrial Union will be the responsibility of the Contractor and shall not be reimbursed by Council.