4Quality system requirements#

4.1Hold Points, Witness Points and Milestones#

General requirements for Hold Points, Witness Points and Milestones are specified in Clause 5.2 of MRTS01 Introduction to Technical Specifications. The Hold Points, Witness Points and Milestones applicable to this Technical Specification are summarised in Table 4.1 below. There are no Milestones defined.

4.2Sample equipment#

4.2.1Samples for acceptance#

A sample of each distinct make and model of equipment shall be submitted with the initial design documentation to the Administrator, unless:

1. i.the equipment complies with a current approval certificate issued by Transport and Main Roads' ITS and Electrical Technology unit, or
2. ii.otherwise specified.

Where components of the equipment may change (such as motherboards, processors, interfaces and/or adaptors, firmware, software), additional complete sample units shall be provided for each combination to be provided under the Contract.

Samples may be held by the Principal as the reference benchmark for the supply of similar equipment until Practical Completion.

The equipment shall be:

• Submitted in original packaging.
• Complete with all documentation available from the manufacturer, including:
• user manuals
• commissioning and configuration software, manuals and hardware
• any ITS Equipment or Component which is not on the Principals Approved Equipment List shall be submitted with all test results and certificates of compliance with the relevant Australian or International Standard and/or Specifications as stipulated by the Principal, and
• maintenance manuals.
• Complete with all software and hardware necessary for commissioning and configuration.

The documentation listed above shall be included in the operations and maintenance manuals as a minimum.

4.2.2Samples for STREAMS Acceptance Testing (SAT)#

Where a device and/or system is required to connect to STREAMS, the Contractor shall undertake STREAMS acceptance testing in accordance with the respective requirements and Clause 16.4.

In addition to the requirements above, the sample provided for STREAMS acceptance testing shall include all necessary software and firmware, with their versions clearly documented, to enable testing to proceed.

Where an item of equipment has already passed the SAT and has not since changed, the previous SAT results may be provided in lieu of an additional SAT sample.

This does not obviate compliance with Clause 4.2.1.

4.3Multiple failures#

Unless otherwise specified, where a particular item of equipment fails 3 times in a rolling 6 month period due to the same, a similar or a related fault commencing from Practical Completion, the Contractor shall replace that item of equipment with a new unit at its own expense within one month of being notified of the last failure.

Where more than 10% of similar items of equipment throughout the Facility exhibit the same or similar fault within any rolling 12-month period, the Contractor shall within one month of being notified of the last failure:

1. a)provide to the Principal, a written submission with evidence of Supplier testing explaining the cause of the fault(s), how it may be prevented from occurring in future and proposed remedial Works, and
2. b)undertake and complete the remedial Works at its expense.

The Contractor shall report the outcome(s) of the remedial Works, 12 months from the completion of the remedial work.

Where more than 20% of similar items of equipment throughout the Facility exhibit the same or similar fault within any rolling 12-month period, the Contractor shall within one month of being notified of the last failure:

1. a)provide to the Principal a written submission with evidence of independent testing explaining the cause of the fault(s) and demonstrating why all similar equipment should not be replaced, and
2. b)unless otherwise directed, replace at its expense all equipment deemed necessary by the Principal.

The Contractor shall report the outcome(s) of the remedial Works, 12 months from the completion of the remedial work. The Contractor shall guarantee the repaired and/or replaced equipment for a period of 12 months or for the duration of warranty against defects, whichever is longer.

4.4Warranty provisions#

4.4.1Scope of warranty#

The Contractor shall warrant that all work performed, and all materials supplied by the Contractor as part of the Contract Work or Products will:

• comply in all respects with the requirements of the Contract
• to the extent that the quality of materials or standard of workmanship is not specified in the Contract, comply with the applicable industry standards, including (without limitation) the Building Code of Australia and any applicable Australian Standards, and
• be fit for the purposes for which they are required.

The Contractor shall warrant that it will use reasonable skill and care in performing all work associated with the Contract Work or products. Unless otherwise specified, all products and associated components provided in accordance with the department's Technical Specifications listed in Table 3 shall be provided with warranty against defects. The warranty must cover expenses associated with:

• inspection and repair (or replacement) of the product
• transportation / removal of the product for repair / disposal, where required
• installation of the repaired (or replaced) product, and
• recommissioning of the entire system affected by the re-installed product.

The Contractor shall procure and deliver to the Principal a completed and executed warranty in the form of Form C7858 from the Supplier or manufacturer of the materials or goods.

For large devices such as electronic road signage, an agreement may be established between the Principal and the Supplier regarding responsibilities and costs associated with removal, transportation, repair, and reinstallation.

4.4.2Duration of warranty#

The duration of warranty against defects for all products and associated components provided in accordance with the department's Technical Specifications listed in Table 3, except for those listed in Table 4.4.2, shall be a minimum 3 years, unless otherwise specified in the respective department's Technical Specification. The warranty period commences immediately following the Customer Acceptance Tests (CAT) which for this purpose is the same as the Date of Practical Completion. The products listed in Table 4.4.2 shall be provided with a minimum 5 years warranty against defects.

4.4.3Commencement of the warranty#

This warranty period commences immediately following the Customer Acceptance Tests (CAT).

4.4.4Replacement or making good#

The Contractor is obligated to replace or make good, to the reasonable satisfaction of the Principal, any of the Contract Work or Products which are found, within the Warranty Period, to:

• be of a lower standard or quality than referred to in Clause 4.4.1, or
• have deteriorated to such an extent that they are no longer fit for the purposes for which they were required.

The liability of the Contractor is reduced to the extent that deterioration is caused by:

• mishandling, damage before installation, or incorrect installation, in each case caused by others
• normal wear and tear
• incorrect operational procedures or maintenance, in each case not attributable to the Contractor, or
• any other cause beyond the control of the Contractor.

4.4.5Costs#

The Contractor promises to undertake, and meet the reasonable cost of, any work necessary to:

• carry out any part of the Works to enable the requirements of Clause 4.4.4 to be met, or restore or make good the Works after meeting those requirements.

Whichever the Principal requires.

4.4.6Indemnity#

The Contractor indemnifies the Principal against claims (including claims, actions and loss or damage) arising out of breach by the Contractor of Clauses 4.4.1 or 4.4.4.

4.4.7Notice of defects#

The Principal may notify the Contractor in writing if it considers there has been any breach of the warranty in Clause 4.4.1 or if the Principal requires the Contractor to replace or make good any of the Contract Work or Products under Clause 4.4.4.

4.4.8Time to remedy#

The Contractor must do everything to remedy any breach notified to it, or to carry out any replacement or making good required under Clause 4.4.7, within 14 days after receiving the Principal's notice.

4.4.9Failure to remedy#

If the Contractor fails to complete the work specified in the Principal's notice under Clause 4.4.7 within a period determined by the Principal to be reasonable in the circumstances, the Principal may give written notice to the Contractor that the Principal intends to have that work carried out by others. This notice must allow a reasonable period for the Contractor to respond.

If the Contractor fails to complete the work by the date specified by the Principal, or another date agreed by the parties, the Principal may have the work carried out by others, and the Contractor indemnifies the Principal for the reasonable costs and expenses of doing so.

4.4.10Urgent action by Principal#

The Principal may take any urgent action necessary to protect the Works, other property or people as a result of a breach of Clause 4.4.1.

The Contractor agrees that the Principal taking such action does not affect the warranty or any other obligation of the Contractor.

The Contractor indemnifies the Principal for the reasonable costs and expenses paid or payable in taking that action.

4.5Product lifecycle#

For all products defined by the department’s Technical Specifications listed in Table 3, except for those listed in Table 4.4.2, the Contractor shall provide a minimum 3 years full support beyond the date which the product vendor decides to stop marketing, selling, or producing the product.

For all products defined by the department’s Technical Specifications listed in Table 4.4.2, the Contractor shall provide a minimum 5 years full support beyond the date which the product vendor decides to stop marketing, selling, or producing the product.

The product vendor's decision to stop marketing, selling, or producing the product, the Contractor shall not impact on any warranty provisions outlined in Clause 4.4.