SPECIAL CONDITIONS FOR CONSTRUCTION CONTRACTS
(FOR USE WITH HC-1 2003, MCC-1 2003 & MW-2 2004 ONLY)
[Last amended:4 JULY 2014- PLEASE REMOVE PRIOR TO TENDER ISSUE OR EXECUTION]
[DEFENCE AND THE TENDER/CONTRACT ADMINISTRATOR ARE TO REVIEW THIS LIST OF POTENTIAL SPECIAL CONDITIONS AND ADVISE WHICH ONES ARE REQUIRED FOR THE CONTRACT. DEFENCE AND THE TENDER/CONTRACT ADMINISTRATOR ARE ALSO REQUIRED TO IDENTIFY ANY AMENDMENTS TO THESE SPECIAL CONDITIONS OR ANY ADDITIONAL SPECIAL CONDITIONS WHICH MAY BE REQUIRED AND ADVISE THESE TO THE DCFPC AND THE PROJECT'S LEGAL SERVICES PROVIDER (IF ANY)]
L\310670191.2
Department of Defence - Special Conditions for Construction Contracts (HC-1 2003, MCC-1 2003 and MW-2 2004 only)
Table of Contents
1.Discovery of Hazardous Substances on Site
2.USE OF HAZARDOUS SUBSTANCES
3.Drawings
4.WORK NOT INCLUDED
5.Dilapidation Survey
6.EXTRA LAND REQUIRED
7.PRIOR WORK
8.JOINING UP
9.EXISTING SERVICES AND STRUCTURES
10.ITEMS TO BE SUPPLIED BY THE COMMONWEALTH
11.method of work plan FOR AIRFIELD ACTIVITIES
12.OPERATING AIRFIELD
13.BUILDABILITY
14.CONTRACT ADMINISTRATOR'S REPRESENTATIVE
15.PROJECT REVIEW
16.Contract Administrator's Office
17.NATIONAL HERITAGE PLACE
18.COMMONWEALTH HERITAGE PLACE
19.HERITAGE ACT REQUIREMENTS (site is in Victoria only)
20.RAINFOREST TIMBERS
21.CONSTRUCTION CONTRACTS ACT (western australia)
22.CIVIL LIABILITY ACT (western australia)
23.notices OR DOCUMENTS by ELECTRONIC DOCUMENT MANAGEMENT SYSTEMS
24.interpretation of technical documents
25.WORK HEALTH AND SAFETY (AUSTRALIAN CAPITAL TERRIRTORY, NEW SOUTH WALES, NORTHERN TERRITORY, QUEENSLAND, SOUTH AUSTRALIA OR TASMANIA) - APPOINTMENT AS PRINCIPAL CONTRACTOR
26.WORK HEALTH AND SAFETY - (AUSTRALIAN CAPITAL TERRIRTORY, NEW SOUTH WALES, NORTHERN TERRITORY, QUEENSLAND, SOUTH AUSTRALIA OR TASMANIA) - TRANSITIONAL PERIOD FOR NON-COMMONWEALTH LICENSEES
27.POST-COMPLETION WORK HEALTH AND SAFETY COMPLIANCE (AUSTRALIAN CAPITAL TERRIRTORY, NEW SOUTH WALES, NORTHERN TERRITORY, QUEENSLAND, SOUTH AUSTRALIA OR TASMANIA)
28.Occupational health and safety (VICTORIA)
29.Occupational health and safety (VICTORIA) - TRANSITIONAL PERIOD FOR NON-COMMONWEALTH LICENSEES
30.Occupational health and safety (WESTERN AUSTRALIA)
31.Occupational health and safety (WESTERN AUSTRALIA) - TRANSITIONAL PERIOD FOR NON-COMMONWEALTH LICENSEES
32.Insurance AMENDMENTS where the contractor is a non-commonwealth licensee
1
L\310670191.2
Department of Defence - Special Conditions for Construction Contracts (HC-1 2003, MCC-1 2003 and MW-2 2004 only)
1.Discovery of Hazardous Substances on Site
[SUITABLE FOR HC-1 2003, MCC-1 2003 AND MW-2 2004]
(a)If at any time the Contractor discovers the presence on the Site of any material suspected of containing or likely to contain a substance defined or listed in the National Occupation Health and Safety Commission's(NOHSC) Guidance Notes (NOHSC 1008-2004: "Approved Criteria for Classifying Hazardous Substances" and NOHSC 10005-1999: "List of Designated Hazardous Substances"), it must:
(i)not disturb the material under any circumstances;
(ii)contact the Contract Administrator and inform the Contract Administrator of the existence of the material on Site; and
(iii)ensure that all persons are protected from exposure to the material until the nature of the material has been competently determined.
(b)The Contract Administrator must inspect the Site and must issue directions to the Contractor in respect of further action to be taken.
(c)All such materials upon the Site must if so directed by the Contract Administrator be treated or removed in accordance with the requirements of the Worksafe Australia "Code of Practice" for the safe removal of such materials and any other Statutory Requirements in the State or Territory in which the Works are situated relating to the removal of such materials.
[IF THE CONTRACTOR'S ACTIVITIES INCLUDE THE SURVEYING AND REMOVAL OF SUCH SUBSTANCES (EG ASBESTOS PRODUCTS OR MINERAL FIBRE MATERIAL), INSERT THE FOLLOWING:
(d)The Contractor's Activities include the removal of all material defined or listed in the NOHSC Guidance Notes (NOHSC 30011- 1991: "Determining and Classifying a Hazardous Substance") on the Site, including, without limitation, conducting any surveys necessary to determine the full extent of such material and any required monitoring during the removal of any such material.]
2.USE OF HAZARDOUS SUBSTANCES
[SUITABLE FOR HC-1 2003, MCC-1 2003 AND MW-2 2004]
[SELECT APPLICABLE ALTERNATIVE CLAUSE AND DELETE OTHER ALTERNATIVES]
[ALTERNATIVE 1]
(a)The Commonwealth aims to ensure that its employees and others who may use or be affected by its facilities are not exposed to hazardous substances without appropriate control measures being in place.
(b)Without limiting clause1 of the Special Conditions,the Contractor:
(i)must ensure that the Works do not contain any hazardous substances as defined in theNational Occupation Health and Safety Commission's(NOHSC) Guidance Notes (NOHSC 1008-2004: "Approved Criteria for Classifying Hazardous Substances") or which would breach the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989(Cth);
(ii)must, on request of the Contract Administrator, be able to show compliance with subparagraph (i); and
(iii)is responsible for all materials used by its subcontractors under this clause.
[ALTERNATIVE 2]
(a)Without limiting clause1 of the Special Conditions, the Commonwealth considers [INSERT DESCRIPTION OF MATERIAL] (Material) in all forms, to be a hazardous substance. The Contractor must:
(i)ensure that full details of any Material (including its location and any protective covering provided) incorporated into the Works are provided to the Contract Administrator immediately after being incorporated into the Works;
(ii)all documentation concerning the Material, including that relating to assembly, maintenance, operation is to be endorsed to identify the nature of the hazard; and
(iii)all goods containing the Material are to bear appropriate labels which clearly identify the nature of the substance and its associated hazards.
The Contractor is responsible for all Material used by subcontractors under this clause.
(b)The Contractor undertakes to advise the Commonwealth, at any time during the Contractor's Activities, within [INSERT] days of becoming aware of a non-hazardous substance which could be substituted for the Material without significant detriment to the performance of the Works.
(c)The Contractor must ensure that all goods for incorporation in the Works conform to all Statutory Requirements and other laws relating to any hazardous substances included therein which apply in the country of manufacture, on the high seas and within the Commonwealth of Australia. In no circumstances must the goods emit fumes, liquids, solids, electromagnetic radiation, heat or noise which could be detrimental to persons, the environment or the operation of other equipment, except where this is consistent with the end-use and nature of the goods.
[ALTERNATIVE 3]
(a)The Commonwealth considers the substances so defined or listed in the National Occupation Health and Safety Commission's(NOHSC)Guidance Notes (NOHSC 10005-1999: "List of Designated Hazardous Substances"), in all forms, to be hazardous substances. Such substances must not be used in the Works without the prior written consent of the Contract Administrator.
(b)Where such consent is given the Contractor must ensure that:
(i)full details of any hazardous substances as identified in accordance with paragraph (a), and included in the Works, are provided to the Contract Administrator in the format of a material safetydata sheet;
(ii)all documentation, including that related to operation, maintenance, assembly, shipping and handling, is clearly endorsed to identify the presence and nature of the hazard; and
(iii)all goods containing hazardous substances are to bear appropriate labels which clearly identify the nature of the substances, the associated hazards and appropriate safeguards.
The Contractor is responsible for all materials used by its subcontractors under this clause.
(c)The Contractor undertakes to advise the Commonwealth, at any time during the Works, within [INSERT] days of becoming aware of a non-hazardous substance which could be substituted for the hazardous substance without significant detriment to the performance of the Works.
(d)The Contractor must ensure that all goods for incorporation in the Works conform to all Statutory Requirements and other laws relating to any hazardous substances included therein which apply in the country of manufacture, on the high seas and within the Commonwealth of Australia. In no circumstances must the goods emit fumes, liquids, solids, electromagnetic radiation, heat or noise which could be detrimental to persons, the environment or the operation of other equipment, except where this is consistent with the end-use and nature of the goods.
3.Drawings
[SUITABLE FOR HC-1 2003, MCC-1 2003 AND MW-2 2004]
Without limiting its other obligations under the Contract, all drawings which the Contractor is required to provide under the Contract must be prepared by competent draftspersons in accordance with:
(a)the standard prescribed in the Contract (or, to the extent it is not so prescribed, a standard consistent with the best industry standard for drawings of a nature similar to those required for the Works);
(b)all Statutory Requirements;
(c)the directions of the Contract Administrator; and
(d)to the extent that they are not inconsistent with the requirements of the Contract, the requirements of all relevant standards of Standards Australia.
4.WORK NOT INCLUDED
[SUITABLE FOR HC-1 2003, MCC-1 2003 AND MW-2 2004]
The following work to be carried out on the Site is not included in the Contract and will be carried out during the term of the Contract by the Commonwealth or by other persons (including Other Contractors):
[INSERT]
5.Dilapidation Survey
[SUITABLE FOR HC-1 2003, MCC-1 2003 AND MW-2 2004]
(a)Prior to commencing the Contractor's Activities on the Site [in the Delivery Phase - if MCC-1], the Contractormust carry out a comprehensive survey of the location and condition of existing structures, roads, carparks, access paths, footpaths, trees, services, [and] other civil works [and INSERT ANY OTHER AREAS/FEATURES TO BE INCLUDED IN THE SURVEY] on and around the Site. The survey must include the recording by all adequate means as is necessary to accurately show the existing conditions. If requested by the Contractor, the Contract Administrator may attend for the carrying out of the survey.
(b)The survey must include a comprehensive photographic record of existing conditions prior to the Contractor having access to the Site [in the Delivery Phase - if MCC-1].
(c)A copy of the survey and the photographic record is to be provided to the Contract Administrator by no later than [INSERT] days after the Contractor is granted access to the Site [in the Delivery Phase - if MCC-1].
6.EXTRA LAND REQUIRED
[SUITABLE FOR HC-1 2003, MCC-1 2003 AND MW-2 2004]
(a)The Schedule to this clause 6 of the Special Conditions sets out the details of any area of land, in addition to the Site, which may be made available by the Commonwealth to enable the Contractor to carry out the Contractor's Activities.
(b)The Contractor must:
(i)comply with all conditions attaching to any agreement by a person having an interest in the areas of land referred to in the Schedule;
(ii)procure for itself the occupation or use of or relevant rights over any land in addition to the Site or those other areas of land referred to in the Schedule, which the Contractor may require for carrying out the Contractor's Activities or otherwise for the purposes of the Contract;
(iii)indemnify the Commonwealth against any claim against the Commonwealth by the owner or occupier of, or any other persons having an interest in, any land referred to in subparagraph (ii); and
(iv)as a condition precedent to Completion of the Works, or any [Stage - if MCC-1 or HC-1/Section - if MW-2 ] specified below, provide the Contract Administrator with an executed release on terms satisfactory to the Commonwealth from all claims from the owner or occupier of, and any other persons having an interest in, all land referred to in subparagraph (ii).
Schedule
[INSERT DETAILS OF EXTRALAND AND ANY RELEVANT [STAGES - if MCC-1 or HC-2/SECTIONS - if MW-2] FOR RELEASE (IF APPLICABLE)]
7.PRIOR WORK
[SUITABLE FOR HC-1 2003, MCC-1 2003 AND MW-2 2004]
(a)Where the proper execution of the Contractor's Activities is dependent upon or appreciably affected by the quality or completeness of any work to be carried out or that has been carried out by any other person (Prior Work) the Contractor must:
(i)inspect the Prior Work as soon as is practicable after the Commonwealth gives the Contractor access to the Site under [clause 2.2(a)- if HC-1/clauses 6.6(b)(ii) and 7.3 - if MCC-1/clause 1.2(a) - if MW-2]of the Conditions of Contract;
(ii)if it discovers any defects or matters in or connected with the Prior Work which in its opinion renders or is likely to render the Prior Work unsuitable, unsatisfactory or detrimental in any way to the proper execution of the Contractor's Activities, immediately notify the Contract Administrator in writing providing:
A.full particulars of the defects or matters identified; and
B.the reasons for the opinion formed by it in respect to the defects or matters identified; and
(iii)not commence or continue with the execution of any part of the Contractor's Activities dependent upon or appreciably affected by the Prior Work the subject of the notice referred to in subparagraph (ii).
(b)On receipt of the Contractor's notice, the Contract Administrator will investigate the Prior Work the subject of the notice and:
(i)if the Contract Administrator agrees with the Contractor - issue a direction to the Contractor and value any work carried out by the Contractor by reason of that direction as a Variation under clause [11.3- if HC-1/11.3 - if MCC-1/10.2 - if MW-2] of the Conditions of Contract; or
(ii)if the Contract Administrator disagrees with the Contractor - issue an instruction to the Contractor to commence or continue with the Contractor's Activities.
(c)If the Contractor fails to:
(i)inspect the Prior Work as required by this clause; or
(ii)notify the Contract Administrator of any defects or matters which should have been detected at the time of such inspection by a prudent, competent and experienced contractor and which may render the Prior Work unsuitable, unsatisfactory or detrimental in any way for the proper execution of the Contractor's Activities,
and the Prior Work subsequently proves to be unsatisfactory for the proper execution of the Contractor's Activities, then any work which is required to be executed in order to render the Prior Work suitable, satisfactory and nondetrimental for the proper execution of the Contractor's Activities will be performed by the Contractor at its own expense.
8.JOINING UP
[SUITABLE FOR HC-1 2003, MCC-1 2003 AND MW-2 2004]
Where the method of joining up of old and new work is not specified in the [Works Description and any Design Documentation the Contractor is entitled to use under clause 6.3(c) of the Conditions of Contract - if HC-1/Brief and the Delivery Phase Design Documentation the Contractor is entitled to use under clause 6.8 (d)of the Conditions of Contract - if MCC-1/Design Documents - if MW-2], the cutting away and joining up must be carried out by the Contractor in a manner approved by the Contract Administrator and made good in all trades to match existing adjacent work.
9.EXISTING SERVICES AND STRUCTURES
[SUITABLE FOR HC-1 2003, MCC-1 2003 AND MW-2 2004]
(a)The Contractormay only modify or remove existing structures or services within the Site in accordance with the[Works Description and any Design Documentation the Contractor is entitled to use under clause 6.3(c) of the Conditions of Contract - if HC-1/Brief and the Delivery Phase Design Documentation the Contractor is entitled to use under clause 6.8 (d) of the Conditions of Contract - if MCC-1/Design Documents - if MW-2].
(b)The Contractormust obtain the prior written approval from the Contract Administratorin relation to the timing of any connection, disconnection or interference with existing structures and services.
(c)Existing infrastructure records and information that are currently available must not be taken to be complete nor accurate. The Contractormust carry out investigations to verify services locations prior to any excavations. Where an existing service, whether within the Site or outside of the Site, is shown on the [Works Description and any Design Documentation the Contractor is entitled to use under clause 6.3(c) of the Conditions of Contract - if HC-1/Brief and the Delivery Phase Design Documentation the Contractor is entitled to use under clause 6.8 (d) of the Conditions of Contract - if MCC-1/Design Documents - if MW-2]or should have been shown on the [Works Description and any Design Documentation the Contractor is entitled to use under clause 6.3(c) of the Conditions of Contract - if HC-1/Brief and the Delivery Phase Design Documentation the Contractor is entitled to use under clause 6.8 (d) of the Conditions of Contract - if MCC-1/Design Documents - if MW-2], is evident on the Site or has been notified in writing by the Contract Administrator to the Contractor, the Contractoris responsible for the cost of any necessary repair or relocation in the event of damage.
(d)The Contractor must notify the Contract Administrator immediately upon the discovery of services or obstructions not shown in the [Works Description and any Design Documentation the Contractor is entitled to use under clause 6.3(c) of the Conditions of Contract - if HC-1/Brief and the Delivery Phase Design Documentation the Contractor is entitled to use under clause 6.8 (d)of the Conditions of Contract - if MCC-1/Design Documents - if MW-2]or identified by inspection.
(e)The Contractor must immediately notify the Contract Administrator in the event of damage to any water, gas, steam, compressed air, electric, drainage, sewerage, telephone, fire alarm, control cable or other services in the area. The Contractor must also repair, divert, relocate, cut, seal, disconnect or make safe as required by the relevant authority and so as to ensure continued operation.
(f)The Contractor must, with every care and skill, support and protect all structures, walls, fences and all services, property and existing landscaping which may, unless so protected, be damaged as a result of the execution of the Works and must comply with the requirements of the Commonwealth, of relevant authorities and others controlling those structures, fences, services, landscaping and property for their protection from damage during construction or maintenance of the Works.
10.ITEMS TO BE SUPPLIED BY THE COMMONWEALTH
[SUITABLE FOR HC-1 2003, MCC-1 2003 AND MW-2 2004]
The items set out in the Schedule to this clause10 of the Special Conditions will be supplied by the Commonwealth without charge to the Contractor for use in the execution of the Contractor'sActivities subject to the following conditions:
(a)the Contractor must submit a written request for any such items and, on receiving the ContractAdministrator's written authority, must take delivery of the items at [INSERT TIME AND PLACE];