1. Standard of Work
The Contractor shall carry out the Works in a workman like manner and with skill and diligence. All work shall be in accordance with the relevant Australian Standards Codes of Practice, and Rules of regulations issued by statutory authorities having jurisdiction over the Works.
2. Statutory Obligations, Fees and Charges
The Contractor shall comply with all statutes, regulations and By-Laws of any Authority having jurisdiction over the Works, or into whose systems the Works are to be connected. The Contractor shall give all notices to and comply with all notices issued, and pay all fees and charges levied by such Authorities. In particular the contractor shall comply with the provisions of the Occupational Health and Safety Act.
3. Indemnity of Authority
The Contractor shall be liable for, and shall indemnify the Melbourne Markets against legal liability, loss, claim or proceeding in respect of any injury, death, loss or damage whatsoever arising out of the execution of the Works and the Contractors employees and Agents present on the Market land, unless due to any act or neglect of the Melbourne Markets or his agents.
4. Cleaning Up
The Contractor shall throughout the duration of the Works maintain the work site in an orderly and tidy manner. All paths and roadways within the site shall be maintained in a clean and serviceable condition throughout the duration of the Works.
The Contractor shall ensure all materials, tools, equipment, plant, offices, storage, etc., necessary for the Works is removed on a daily basis and shall not obstruct or prevent the normal operation of the Market. If the Contractor requires overnight storage it shall be in a designated area nominated by the Melbourne Markets.
5. Existing Services
The Contractor shall be responsible for ascertaining the positions of any power cable, drainpipes, water pipes, gas pipes or any other services and the Contractor shall be responsible for the cost associated with any damage which may occur.
The Contractor shall be responsible for the security of his own works.
7. Safety of the Public
The Contractor shall make provision for the safe passage of pedestrians to the approval of the Melbourne Markets and shall provide, erect and maintain suitable barricades. The Contractor shall provide, and on completion remove, suitable and sufficient warning lights, danger signals and signs, and take all necessary precautions for the safety of the Melbourne wholesale fruit, vegetable and flower market users, the public and protection of the Works.
8. Occupational Health and Safety
The Contractor must indemnify and keep the Melbourne Markets from and against any liability under the Occupational Health and Safety Act 1985 or any legalisation made under this Act. The Contractor acknowledges that the site is under its control.
9. Access to Melbourne Market Premises
The Contractor at no time shall obstruct or prevent the daily operation of the Melbourne wholesale fruit, vegetable and flower market. The Contractor shall make himself fully familiar with the Melbourne Markets operation and schedule the Works where interface with market operation is anticipated to be undertaken at times outside the normal working hours.
The Melbourne wholesale fruit, vegetable and flower market operates in the early hours of the morning on each day, during which time access into and around the market is restricted by regulation, and access to carry out Works is not permitted.
Normal working hours for the Melbourne wholesale fruit, vegetable and flower market is between 12.00 midnight and 10.00 am. The Contractor shall allow for all Works to be carried out between the hours of 10.00 am and 7.00 pm daily. Access outside these hours can be made available by arrangement with the Melbourne Markets.
Contractors will have access to the Melbourne wholesale fruit, vegetable and flower market via the designated entrance at Gate 1. Contractor car parking spaces shall be in a designated area nominated by the Melbourne Markets.
Contractors need to be registered with the Melbourne Market Authority rior to any work being done. To register, contractros can contact the site Services Department on 9258 6141.
All electrical works undertaken in the installation are to be by an Melbourne Markets approved licensed Electrical Contractor.
Prior to any electrical works being undertaken by the Electrical Contractor, details of the power requirements and the maximum loading anticipated are to be provided for review and comment by the Melbourne Markets.
After approval the requested power will be made available at the relevant switchboard. The Melbourne Markets at the Tenants expense will undertake any work required at the switchboard.
Any equipment exceeding 4 HP shall be limited to a starting current not greater as to the maximum running current of that equipment. The Tenant has to verify the proposed method to achieve these requirements. No simultaneous starting of cooling systems will be accepted.
The Tenant is responsible for the balancing of the entire connected load equally over the 3 phases. The Authority will reject any imbalance exceeding 10%. All electrical work has to comply with AS3000 and the relevant Utilities requirements.
At the completion of the Electrical Works the Tenants Electrical Contractor is to supply the Melbourne Markets with a copy of the Certificate of Electrical Safety.
All plumbing works undertaken in the installation are to be carried out by an Melbourne Markets approved plumber.
Prior to any plumbing work being undertaken by the plumber, details of the water supply required, waste water and trade waste produced in the area are to be submitted to the Melbourne Markets for review and comment.
All works are subject to a final inspection by the Melbourne Markets.
The Contractor shall arrange for a Building Surveyor to inspect the facility and proposed works and comment on statutory requirements necessary.
12. Building Modifications
Any alterations, attachments, or modifications to the Melbourne Markets building must be checked and verified by an approved structural engineer prior to any works being undertaken. A copy of this report including any associated documentation must be issued to the Melbourne Markets for verification.
13. Associated Costs
All associated costs, including consultants fees, drafting fees, building surveyors fees, reinstatement of damage to roads and adjacent buildings as a result of construction works will be borne by the Tenant.
14. Noise Nuisance
The Tenant and/or the Contractor shall give consideration to the most appropriate location and/or appropriate noise control treatments for new mechanical plant and equipment so as to minimise noise and vibration to adjoining tenancies, in particular office areas.
In the case of a noise dispute, the Tenant and/or the Contractor for the plant must engage a suitably qualified acoustic consultant to assess the noise. If the noise is found to be unreasonable, the Tenant and/or the Contractor must carry out noise control treatment as recommended by the acoustic consultant. All costs must be borne by the Tenant and/or the Contractor.
The Tenant and the Contractor acknowledge that trace amounts of asbestos have been detected in dust samples taken from the main market building. Therefore, the Tenant and the Contractor must carry out at its expense its own risk analysis prior to the commencement of works in the main market building.
For all queries regarding alterations to tenancies and what is possible, please contact the Melbourne Markets Site Services Department on (03) 9258 6141 or email firstname.lastname@example.org.