DS-11 - Appendix B - General Conditions

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DS-11 - Appendix B.1 General Conditions for Road Zone Occupancy

DS-11 - Appendix B.1 General Conditions for Road Zone Occupancy

The Utility Operator shall:

Carry out all Works in the Road Corridor in compliance with the governing legislation for the related industry.
Carry out all Works in the Road Corridor in compliance with the requirements set out in the Local and Special Conditions.
Obtain all the necessary consents, approvals and permits from the relevant statutory and regulatory authorities at their own cost.
Install assets/infrastructure in the location shown on the approved plans, unless subsequent written approval is received from the Corridor Manager to alter the location or any other element of the works.
Provide a proposed Traffic Management Plan for approval with their application.
Provide, when requested, a full description of the construction methodology, quality assurance, reinstatement, resurfacing and compaction and agree this with the Corridor Manager prior to work commencing.
Ensure payment of all required fees and charges for processing of this notice and for the monitoring and auditing of the works.
Provide the Corridor Manager with written notice 2 working days before commencement of work on site.
Keep a full copy of the Works Access Permit and Local/Special Conditions on site at all times during the Works.
Keep plans of the installed work and make them available to Corridor Manager on request.
Ensure that the work is carried out under the control of a warranted supervisor as required by the NZTA CoPTTM Code of Practice for Temporary Traffic Management and/or Local Supplement and ensure that there are sufficient people on site specifically to control the flow of traffic through the site in accordance with the Traffic Management Plan.
Comply with instructions from an officer of the New Zealand Police Traffic Safety Branch or a duly authorised agent of the Corridor Manager in respect of traffic management and safety.
Control the surface water channels so as to cause minimal interference to existing flows and fully restore the surface water channels at the completion of the works.
Stop work as necessary to meet the requirements of Section 10 of the Historic Places Act 1993.
Make the Works available at all times for inspection by any person representing the Corridor Manager.
Restore to their original condition any surface or structure that was damaged or removed as a result of the Works.
Undertake remedial action on non-conforming work within the timeframe set by the Corridor Manager, where reasonable and practicable.
Repair all damage as a result of the works, should the Corridor Manager determine these are necessary prior to the end of the Warranty period.
Compensate the affected party for any damage or costs incurred due to the work or for costs resulting from the removal of abandoned installations, structures, components and equipment that belong to the Utility Operator.
Notify the Corridor Manager of any maintenance work it proposes to undertake within the 2 Year Warranty period.
Complete Works in the Road Corridor in one continuous operation (works suspended for over five days require the written permission of the Corridor Manager).
Protect and maintain all Road Corridor signs, markers, signals, barriers and associated marking and replace them to the appropriate industry standard where they have been damaged by the Works.
Complete and submit a Works Completion Notice when the Works are complete.
Work, other than Emergency Works, must not take place on the Road Corridor during and one day either side of a public holiday or public holiday weekend.
Work, other than Emergency Works, must not take place on the Road Corridor during and one day prior to any major Event.
All Works must be performed within the hours of work specified on the Works Access Permit unless written approval to alter this is given by the Corridor Manager.
All Works Access Permits will only remain valid for the time period specified on the Works Access Permit unless written approval to extend this time is given by the Corridor Manager.
The 2 Year Warranty period commences from the date the Corridor Manager has given written confirmation that the work is complete.
The Corridor Manager shall:
1. Manage all applications relating to corridor access in accordance with the timeframes and processes in the National Code of Practice for Utilities Access to the Transport Corridors.
2. Not be liable for any costs, actions, demands, suits, damages and proceedings of any kind for any loss, damage or injury that may result from the works that are undertaken by or on behalf of the Utility Operator.
The Corridor Manager may:
1. Include the requirement for the Utility Operator to provide a Contract Bond in favour of the Corridor Manager or the Contractor to provide a Contract Bond in favour of Utility Operator as a performance guarantee.
2. Instruct the Utility Operator to stop work and leave the site (having made the site safe) if the Works are not complying with the relevant Works Access Permit including any plans, relevant conditions, permission requirements or specifications contained in the documents listed in the Local and Special Conditions.
3. Arrange for remedial work to be done and recover the costs incurred from the Utility Operator, if the Utility Operator fails to take action within the agreed timeframe.
4. Assess the suitability of any action proposed by the Utility Operator during the Warranty Period and impose Reasonable Conditions that will maintain the integrity of the Road assets.
In granting a Works Access Permit, no vested right is created.
Works Access Permits are not transferable without the written permission of the Corridor Manager.
In the absence of a written agreement from the Corridor Manager for an extension, All Works relating to the Works Access Permit shall be completed within the permitted timeframe shown on the Works Access Permit. The Works Access Permit shall become invalid if the works do not conclude within the Permit timeframe.

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