Contract for Professional Services [Contract Name] Contract Number: [NZTA Contract No.] Between The NZ Transport Agency and the Consultant The Consultant [insert within signing set] Address [insert within signing set] Set No. [insert within signing set] NZ Transport Agency Page 3 of 125 Contents Abbreviations 7 Section A Contract Agreement Form 9 Section B Instructions for Tendering 15 1 General 1.1 The NZ Transport Agency’s Expectations 1.2 Tender Close 1.3 Document Deposit 1.4 RFT Documents and Standard Specifications 1.5 Communications During Tender Period 1.6 Pricing 1.7 Conflict of Interest or Risk of Bias 1.8 Site Inspection 1.9 Electronic Information 1.10 Tender Submission Programme 1.11 Tender Submission 1.12 Interactive Tender Process 1.13 Commercial in Confidence 1.14 Tender Format 1.15 Joint Ventures 1.16 Privacy Act 17 17 17 17 18 18 19 20 20 20 21 21 22 23 23 25 26 2 Non-Price Attributes 2.1 Relevant Experience and Track Record 2.2 Relevant Skills 2.3 Methodology 26 27 29 30 3 Tender Evaluation Procedure 3.1 Tender Evaluation Team 3.2 Supplier Selection Method 3.3 Tender Evaluation Process 3.4 Late Tenders 3.5 Presentation of Tender 3.6 Errors and Omissions 3.7 Tags 3.8 Tender Evaluation Interviews 3.9 Preletting Meeting 3.10 Lowest Price or Any Tender not Necessarily Accepted 3.11 Probity 35 35 35 38 38 39 39 39 40 40 4 Signing of Professional Services Document 41 5. Tender Evaluation Forms 42 Section C Tender Form, Pricing and Personnel Schedules 49 41 41 Contract Pricing Schedule 53 Geotechnical Testing Schedule 59 NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 4 of 125 NZ Transport Agency Additional Services Schedule 63 Personnel Schedule 65 Payment Schedule 67 1 Method of Payment 1.1 Consultant’s Requests for Payment 1.2 Lump Sum Items 1.3 Unit Rate Items 1.4 Hourly Rate Items 1.5 Reimbursable Expenses 1.6 Provisional Sums 1.7 Cost Fluctuations 1.8 New Zealand Taxes – Overseas Consultants 67 67 67 68 68 68 69 69 70 2 Contract Payment Schedule 70 Section D: Contract Scope Scope of Services 99 101 1 Introduction 1.1 Extent 1.2 [Other] 1.3 Contract Management 1.4 Programming and Funding 1.5 Traffic Management 1.6 [Other] 101 101 101 101 102 102 102 2 Background 2.1 Site Description 2.2 Problems 2.3 Objectives 2.4 [Other] 102 102 102 102 102 3 Investigation Phase 3.1 Review of Previous Reports 3.2 Traffic Studies/Models 3.3 Consultation 3.4 Scheme Assessment Report 3.5 [Other] 102 102 102 103 103 103 4 Risk Management 103 5 Design Phase 5.1 Landscaping 5.2 Consent Conditions 5.3 Staging of Physical Works 5.4 [Other] 103 103 103 103 103 6 Construction Phase 6.1 Landowner Liaison 6.2 Temporary Detours 6.3 Project Management Board 6.4 [Other] 103 104 104 105 105 Deliverables and Time Schedule NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 106 NZ Transport Agency Page 5 of 125 1 General 106 2 Programme for Deliverables 106 Inputs Provided by Client 111 1 To Tenderers 111 2 To the Consultant 111 Project Manager 113 Hazards Known to the Client 114 Section E General and Special Conditions of Contract 115 1 General Conditions 116 2 Special Conditions 117 3 Liability and Insurance 3.1 Limitation of Liability 3.2 Professional Indemnity Insurance 3.3 Public Liability Insurance 119 119 119 120 Following Sections For Signing Sets Only 121 Section F Additional Tender/Contract Documentation 121 Section G Standard Specifications 123 NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 7 of 125 Abbreviations The following abbreviations have been, and/or may be used in these Contract Documents: AADT Annual Average Daily Traffic ATMS Advanced Traffic Management System B/C Benefit Cost BCR Benefit Cost Ratio BUDMT Business Unit Decision Making Team Continuous Sites Traffic monitored sites where the annual counted days exceeds 300 days CV Curriculum Vitae D&PD Design and Project Documentation HCV Heavy Commercial Vehicle (vehicle > 3.5 tonnes) HNO Highways and Network Operations IFT Instructions for Tendering I&R Investigation and Reporting Land Transport NZ Land Transport New Zealand LRMS Location Referencing Management System MSQA Management, Surveillance and Quality Assurance National Telemetry Sites Continuous traffic monitoring sites where data is extracted via telecommunications NMM Network Maintenance Management Non-Continuous Sites Traffic monitored sites where the annual counted days is less than 300 days NPA Non-Price Attribute NZTA NZ Transport Agency PFR Project Feasibility Report PQP Project Quality Plan QA Quality Assurance RAMM Road Assessment and Maintenance Management NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 8 of 125 NZ Transport Agency RFT Request for Tender RP Route Position RS Reference Station RVT Random Verification Testing SAR Scheme Assessment Report SH State Highway TDM Travel Demand Management TET Tender Evaluation Team TMS Traffic Monitoring System TNZ Transit New Zealand (Document reference) Transit Transit New Zealand VAC Value Assurance Committee VAG Value Assurance Gate [Other] [Insert] NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Section A Contract Agreement Form NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 9 of 125 NZ Transport Agency Page 11 of 125 Contract Agreement Form The NZ Transport Agency Professional Services Contract Number: [NZTA Contract No.] [Contract Name] For the Delivery of Professional Services to the NZ Transport Agency by the Consultant This contract is made on the [Number] day of [Month] [Year] Between 1. The NZ Transport Agency, a Crown entity, established on 1 August 2008 by Section 93 of the Land Transport Management Act 2003 (the Client). And 2. [Name] of [Location] (the Consultant). Background 1. The Client has issued invitations to tender for the performance of the Services to the Client, the Consultant has submitted a tender and the Client has now accepted the Consultant’s tender. 2. The Client and the Consultant now wish to enter into this Contract to record their agreement that the Client shall engage the Consultant to carry out the Services in respect of the Project. 3. This Contract sets out the terms and conditions on which the services shall be carried out by the Consultant. 4. Clause 1 of the Conditions of Contract for Consultancy Services (August 2009) (as described in Clause 4.1 herein) ascribes meanings to many of the terms used in this Contract and in the Contract Documents. NOW IT IS AGREED as follows: 1 The parties mutually 1.1 The parties confirm the contents of the Background (see above). 1.2 Each party agrees that it shall carry out and fulfil all of its respective obligations as these obligations are set out in the Contract Documents. 2 The Consultant 2.1 The Consultant confirms and agrees that: NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 12 of 125 NZ Transport Agency a. Before submitting the tender to the Client, the Consultant perused all of the Contract Documents (as described in Clause 4, including the separate documents described in Clause 4.1 “Section G” herein) and is satisfied that every aspect of the Contract Documents and of the Services to be carried out is understood; b. Where the Consultant had any doubt or enquiry about any issue arising from the Contract Documents, then, during the course of preparing for the submission of the tender, the Consultant sought clarification as to that doubt or enquiry. The clarification made and answer provided are attached and form part of these Contract Documents in Section F (of the Contract Documents); c. The Consultant has not relied on any discussion or correspondence or impression conveyed by the Client (or any representative of the Client) in evaluating the material supplied by the Client to the Consultant preparatory to submitting the tender, nor in the compilation of the tender. Except only where the Client has specifically made in writing in the Contract Documents a representation to Tenderers; d. The Consultant has made his/her own evaluation of the information contained in the Contract Documents and based on that evaluation has submitted the tender, including the contract pricing set out in Section C (of the Contract Documents); e. The Consultant will fully and faithfully perform to the best of the Consultant’s abilities the Services in respect of the Project in the manner and in accordance with the timeframe set out in the Contract Documents; f. The signatories to this Contract who have signed this contract for and on behalf of the Consultant have been duly authorised in writing by the Consultant to execute this Contract. Where the Consultant is a company, then the signatories confirm that all necessary resolutions have been passed and other authorities obtained by the directors/shareholders of the Company to authorise execution of this contract by the signatories. Forthwith on request, the Consultant shall provide to the Client written details of all authorities and resolutions. 3 The Client 3.1 The Client shall pay the Consultant the sums payable and in the manner set out in Section C of the Contracts Document. 4 Contract Documents 4.1 The contract documents comprise the separate document Conditions of Contract for Consultancy Services (August 2009) and the following: Section A Contract Agreement Form Pages 3 Section B Instructions for Tendering Pages 26 Section C Tender Form, Pricing and Personnel Schedules Pages 24 Section D Contract Scope Pages 9 Section E General and Special Conditions of Contract Pages 7 NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 13 of 125 Section F Additional Tender/Contract Documentation: • Letter of Acceptance • Non-Price Attributes • Notices to Tenderers Pages [x] Pages [x] Pages [x] Section G Standard Specifications: • NZTA Standard Specification Contract Management: Edition 1, Amendment 4 – 31 March 2013 Pages 26 • NZTA Standard Specification Investigation & Reporting: Edition 1, Amendment 2 – 01 March 2011 Pages 25 • NZTA Standard Specification Design & Project Documentation: Edition 1, Amendment 3 - 31 March 2013 Pages 15 • NZTA Standard Specification Design & Construct Contracts Specimen Design & Project Documentation: Edition 1, Amendment 3 - 31 March 2013 Pages 13 • NZTA Standard Specification Management, Surveillance & Quality Assurance: Edition 1, Amendment 4 – 31 March 2013 Pages 16 • NZTA Standard Specification State Highway Network Management: Edition 1, Amendment 2 – 01 March 2010 Pages 63 • NZTA Standard Specification State Highway Hybrid Contract Management: Edition 1, Amendment 2 – 01 March 2010 Pages 59 • NZTA Standard Specification Management of State Highway Bridges & Other Structures Edition 1, Amendment 2 – 01 March 2010 Pages 14 • NZTA Standard Specification State Highway Traffic Monitoring Edition 1, Amendment 1 – 01 March 2009 Pages 16 TOTAL PAGES: [xx] SIGNED for and on behalf of the Consultant WITNESS to signature of the Consultant Signature: Signature: Name: Name: Occupation: Occupation: Address: Address: SIGNED for and on behalf of WITNESS to signature of the Client The NZ Transport Agency by Signature: Signature: Name: Name: Occupation: acting pursuant to delegated authority Address: NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 14 of 125 NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency NZ Transport Agency Section B Instructions for Tendering NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 15 of 125 NZ Transport Agency 1 Page 17 of 125 General Should any ambiguity as to interpretation arise between the contents and requirements of the NZTA’s Procurement Manual, NZTA’s Contract Procedures Manual (SM021), and the tender documents, the order of precedence will be the Procurement Manual, Contracts Procedures Manual, tender documents. 1.1 The NZ Transport Agency’s Expectations The NZ Transport Agency (NZTA) is looking for a Tenderer who will promote: 1. NZTA’s statutory objective under the Land Transport Management Act 2003. 2. The objectives and targets of the New Zealand Transport Strategy and subsequent updates. 3. NZTA’s vision and organisational values, including ensuring consistency with the National State Highway Strategy. 4. NZTA’s Statement of Intent, and any Minister of Transport annual Letter of Expectation to the NZTA Board. 5. <<Guidance note: Others as may be specifically applicable to the contract.>> 1.2 Tender Close 1.2.1 Statement of Interest and Ability Close Statements of Interest and Ability will close at the Tender Box, NZ Transport Agency, [Street Address] on [Day] [Date] [Month] [Year] at 4.00pm. Statements transmitted by facsimile (FAX) or electronically by email, direct to NZ Transport Agency, will not be accepted. Statements of Interest and Ability shall be addressed to the Tenders Secretary, and marked on the outside top left hand corner "Statement for Interest and Ability For Contract [NZTA Contract No]". Delivered Statements of Interest and Ability shall be deposited in the Tenders Box. 1.2.2 Tender Close Tenders will close at the Tender Box, NZ Transport Agency, [Street Address] on [Day] [Date] [Month] [Year] at 4.00pm ("Closing Date"). Tenders transmitted by facsimile (FAX) or electronically by email, direct to NZ Transport Agency, will not be accepted. Tenders shall be addressed to the Tenders Secretary, and marked on the outside top left hand corner “Tender For Contract [NZTA Contract No]”. Delivered tenders shall be deposited in the Tenders Box. 1.3 Document Deposit A document deposit is not required. The Client requests that all documents uplifted are returned in a reasonable condition prior to, or soon after, the closing of tenders. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 18 of 125 1.4 RFT Documents and Standard Specifications 1.4.1 RFT Documents NZ Transport Agency The Tenderer shall be deemed to have read the RFT documents and be satisfied that they provide adequate detail and contain no ambiguities, omissions, inconsistencies, etc., for the requested works to be completed within the intent of the contract. Where applicable, this clause will be read to include evaluation of the documents in relation to each other and to all input material, Notices to Tenderers and site situation/conditions. 1.4.2 Standard Specifications Standard Specifications will only be attached to the signing sets. To view copies of the Standard Specifications during the tender period, refer to the NZTA website. 1.5 Communications During Tender Period 1.5.1 Communications For the purposes of this IFT, communications “During Tender Period” is from date of invitation to tender to tender closing date. When Tenderers receive the tender documents, they shall notify the Client’s Nominated Person in Clause 1.5.2 of the name and contact details of the person within their own organisation with whom the Client will direct all communications during the tender period (the Tenderer’s Nominated Person). All communications between the Client and Tenderers must be in writing. For the purposes of this IFT, “in writing” includes facsimile and e-mail communication, which may include attachments. 1.5.2 Client’s Nominated Person Communications must be clearly labelled with the Client’s assigned contract number and name. Communications not so addressed may be delayed and/or not actioned. All Tenderers’ enquiries shall be addressed to: [NZTA] or [Company name] [Street address] [PO Box number] [CITY] Contract Number: [NZTA Contract No.] Contract Name: [Contract Name] For the Attention of: [Name of Client’s Nominated Person1] Fax: [Fax number1] Email: [Email address1] 1.5.3 Tenderers’ Enquiries Tenderers’ enquiries shall be raised with Client’s Nominated Person as soon as possible but not later than [three] Working Days before the tender closing date. Where the Client considers it necessary and/or appropriate, they will endeavour to respond to any enquiries within [48] hours of receiving them. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 19 of 125 It is the Tenderer’s responsibility to ensure that the Client’s Nominated Person has received any enquiry that they have raised. Where the Client considers it necessary and/or appropriate, the answers to any questions will be made in writing, by way of Notice to Tenderers, to all who have uplifted contract documents and will subsequently be annexed to, and form part of, the Contract Documents. All Tenderers shall acknowledge receipt of each Notice to Tenderers by emailing, faxing, or returning the associated Acknowledgement Receipt to the Tenders Secretary and also confirm receipt of each Notice to Tenderers in the tender submission. 1.6 Pricing <<Guidance note: you must choose at least one of the following pricing methods. You also have the option to choose both Clauses 1.6.1 and 1.6.2.>> 1.6.1 The Base Estimate <<Guidance note: The base estimate should be known and the following clause selected for all tenders, excluding Target Price option. It is important that the base estimate is appropriate for the works, because it is used in the tender evaluation formula.>> For transparency purposes, the base estimate as defined in NZTA’s Cost Estimation Manual (SM014) used in the tender evaluation is given below: Base Estimate: This includes schedule fixed amounts of: [Estimate: $XX,XXX.XX] [Provisional sum: $XX,XXX.XX] If the Tenderers have any concerns regarding the accuracy of the estimate, Tenderers are able to submit their concerns up to 4.00 p.m., 5 working days prior to tender close, through the following process: 1.6.2 1. Tenderers shall forward their comments on the accuracy of the estimate directly to the Probity Auditor nominated in this IFT. 2. The Probity Auditor shall pass the comments (without revealing the Tenderer’s identity) to the Manager of Project Services. 3. The Manager of Project Services will consider the information and, if deemed necessary, advise the Client to issue further instructions to Tenderers before tenders close. The Client shall not reveal any price sensitive information to the TET. Brook’s Law <<Guidance note: select this clause for Quality/Brook’s Law tenders.>> This is a quality-based tender. The contract pricing will be based on the outcome of price negotiations. 1.6.3 The Target Price <<Guidance note: select this clause for Target Price tenders.>> The Target Price is: [Target price: $XXX,XXX.XX] NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 20 of 125 1.7 NZ Transport Agency Conflict of Interest or Risk of Bias Tenderers are required to declare, at the commencement, as soon as practicable after uplifting the tender documents, or as they become aware of them, any actual or potential conflicts of interest or risk of bias during the tender process, relating to any individual or company involved in the Tenderer's bid. This includes individuals and companies engaged in any subconsultant, subcontractor or other supply arrangement. The Tenderer must advise the Client of the means that they intend to use to remove or mitigate such conflicts of interest or risk of bias. The Client may refer any actual or potential conflicts of interest or any risk of bias that it becomes aware of, to the Probity Auditor, and decide the appropriate action to remove or mitigate any potential conflicts of interest or risk of bias. The Client reserves the right to decline the tender of any Tenderer that cannot satisfactorily remove or mitigate a conflict of interest or risk of bias that, in the opinion of the Client, creates an unfair advantage or impropriety in the tender process. The successful Tenderer for this contract, or members of its group, excluding subconsultants, will not be considered for any physical work contracts which are let by NZTA for any project to which this contract relates. <<Guidance note: ONLY FOR USE in MSQA contracts and some Design phase contracts, and must be authorised for inclusion by a State Highway Manager. Investigation phase or other contracts MUST NOT include this clause.>> 1.8 Site Inspection The Tenderer shall be deemed to have inspected the site(s) before tendering. No access has been secured to private land and therefore inspections shall be confined to the road reserve. Private landowners shall not be approached regarding access. All practicable safety precautions must be taken during inspections. Should access to a particular piece of land be considered to make a material impact on the tendered methodology, a formal request shall be made to the Client who will seek to accommodate the request with the relevant property owners. Should a site visit be arranged, all Tenderers will be given the opportunity to attend. 1.9 Electronic Information Electronic copies of the following documentation will be provided on request, to all who have uplifted contract documents, and can be obtained from [Client’s Nominated Person1] by email: [Email address1] [or Other]. The documents are: Document Format Request for Tender <<full set of tender documents>> PDF Contract Pricing Schedule [PDF] Geotechnical Testing Schedule <<optional if Lump Sum has been selected for Geotechnical Testing within Pricing Schedule.>> [PDF] NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 21 of 125 Tender Form [PDF] Personnel Schedule [PDF] Additional Services Schedule [PDF] [Other] <<Guidance note: Supplementary information (e.g. maps, drawings).>> [PDF] Electronic copies of documents are provided in good faith, to assist Tenderers. If there is a discrepancy between the electronic copy and the hard copy of the tender documents made available to Tenderers, the hard copy shall take precedence. Tender submissions will only be accepted in hard copy. 1.10 Tender Submission Programme The following programme is proposed for the submission, evaluation and award of tenders as follows: Date Document Reference Statements of Interest and Ability close [Date] Clause 1.2 Tenders close [Date] Clause 1.2 Tender presentations To be advised Clause 3.3 Tender evaluation [Period] e.g. 3 weeks from tender close Clause 3 Preletting meeting(s) [Period] Clause 3.9 Target date for Tender award [Date] Clause 4 1.11 Tender Submission 1.11.1 Statements of Interest and Ability Statements of Interest and Ability shall be submitted in a single envelope labelled Contract No: [NZTA Contract No]. Details and/or discussion of price or methodology should not be included. 1.11.2 Tenders Tenders shall be submitted in two sealed envelopes contained within a single larger envelope, also sealed. The inner envelopes should be labelled: • “Envelope No 1 - Contract No [NZTA Contract No] - Proposal, excluding Price”; and • “Envelope No 2 Contract No [NZTA Contract No] - Price”. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 22 of 125 NZ Transport Agency Envelope No 1 shall contain [four] copies of the information listed in the Tender Format, and envelope No 2 one copy of the tender form and all pricing schedules. If information is included in envelope No 2, which was not included in envelope No 1, and which could affect the first stage of the evaluation, the Client may request the removal of such conditions, may accept some or all of the conditions or may reject the tender. 1.11.3 Alternative Tenders <<Insert the following clause if alternative tenders are not required.>> As the contract scope has been clearly defined in Section D of this document, no "Alternative Tenders" are to be submitted by Tenderers. If any such "Alternative Tenders" are submitted, they will be rejected by the TET and not considered at all. <<OR insert the following clauses if alternative tenders will be considered.>> Alternative Tenders will be considered for this contract. However Alternative Tenders shall be deemed non-conforming tenders and excluded from further consideration with respect to: <<List/bullet any portion of the works where alternatives are to be precluded.>> Tenderers submitting an Alternative Tender are required to also submit a nonalternative tender. Each tender submitted over and above the non-alternative tender will be viewed as an alternative tender. The Alternative Tender is to include sufficient information to allow the TET to evaluate it. This should include a statement explaining the general nature of the Alternative Tender and detail in what respect it varies the requirements of the tender document. If there is insufficient information to fully assess the Alternative, the TET will either exclude it from further consideration or assign a value that accounts for the risk to NZTA in accepting the Alternative Tender. A separate Tender Form and Schedule of Prices shall be completed for each Alternative Tender. Only Alternative Tenders confirmed in writing by the Client prior to the close of tenders will be considered. 1.12 Interactive Tender Process Following short listing, tendering shall incorporate an interactive tendering process in accordance with the topic “Interactive Tender Process”, within the NZTA Contract Procedures Manual. 1.12.1 Overview The purpose of the interactive tender process is to demonstrate the Client's desire to work alongside the short listed Tenderers in order that they might fully understand the tender document and its objectives and therefore maximise the quality of all submissions. 1.12.2 Administration The Client will advise all Tenderers in writing of any new, non-confidential information that is revealed as a result of individual meetings, usually the day after the conclusion of the meetings. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency 1.12.3 Page 23 of 125 Tender Meetings The provisional schedule for meetings with the Tender Evaluation Team is as follows: [Date] Combined Meeting [Date] Individual Meetings I [Date] Individual Meetings II 1. Combined Meeting The combined meeting will be held on [Date], [Time], at [Place]. 2. Individual Meetings Individual meetings will be held at [Place]. Tenderers will not be limited on numbers of persons at these meetings. These meetings are in the hands of the Tenderer and as such they should make best use of the time allocated to task and discuss any questions in relation to the tender documents. Individual meetings will be up to 2 hours in duration. A schedule of individual meeting times will be advised by Notice to Tenderers. 1.13 Commercial in Confidence <<Must be included if “Interactive Tender Process” above has been selected.>> The Client and its advisors will treat all information, submitted and/or discussed during the interactive process, as “Commercial in Confidence”. Where a Tenderer’s communication includes commercially sensitive information the Tenderer can request, and upon agreement with the Client, it can be given “Commercial in Confidence” status. “Commercial in Confidence” communications must follow the requirements of clauses under 1.5 above, with the following additions: • Communications that are “Commercial in Confidence” must be issued separately, in the format of a Notice to Specific Tenderer (NTST); and • Communications that are “Commercial in Confidence” must be clearly marked “Commercial in Confidence”. NZTA will respect “Commercial in Confidence” communications. However where a significant event arises, which in NZTA’s opinion threatens to frustrate or end the tender and/or contract process, NZTA reserves the right to inform all Tenderers by “Notice to Tenderer” or to terminate the tender process. If NZTA deems this to be the case it will communicate with the Tenderer who raised the “Commercial in Confidence” matter to seek their agreement (in writing) to relax the “Commercial in Confidence” status. If the Tenderer does not agree, NZTA will decide whether the communication should be the subject of a general communication to all Tenderers. 1.14 Tender Format Tenders shall be developed and written in accordance with the requirements of this document. The following information shall be submitted in Envelope No 1. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 24 of 125 NZ Transport Agency Description of Documents/Information Page Limit (A4 unless shown otherwise) Covering letter (will not be considered as part of the tender evaluation) [1] Title page 1 Index or contents page [1] Statement of interest and ability submission (including responses on each non-price attribute (excluding methodology) and other information as required by the Description of Attributes (Clause 2) of this IFT [15] (may be double sided) Tender non-price attribute submission (including responses on each non-price attribute and other information as required by the Description of Attributes (Clause 2) of this IFT [25] (may be double sided) Final PACE evaluation forms for nominated track record projects 1 (per project) Link to 1.14.1 Link to 1.14.2 Link to 2.2 and 3.2 Personnel schedule (as provided by the Client in Section C) [1] (original Form) Outline Consultants programme [2] x A3 (legible font) Project organisation chart and management structure [2] x A3 (legible font) CVs (for each key person offered in the proposal) [2] (may be double sided) A Time and Resource schedule (bar chart) detailing for all personnel, hours proposed to be expended and work focus on a monthly basis for the period of the contract. For non-key personnel summary information by resource type is acceptable. The total proposed hours is to be shown for each of the key personnel or resource, (Ref. clause 2.2 Relevant Skills) [1] (legible font) Tender Tag Statement Unlimited Acknowledgement of Notices to Tenderers and/or NTSTs received (if any). Unlimited <<Include “NTST” if “Interactive Tender Process above has been selected.>> [Other] NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 [XX] (may be double sided) NZ Transport Agency 1.14.1 Page 25 of 125 Statements of Interest and Ability Statements of Interest and Ability shall be developed and written in accordance with the requirements of this document. They shall be brief and concise and shall not exceed 15 single sided, A4 pages in the non-price attribute submission, including tables and charts. 1.14.2 Tenders Tenders shall be concise and shall not exceed the above stated page limit (including tables and charts). A3 pages that are included in the non-price attribute submission, will be counted as two A4 pages. Should the allowable number of pages be exceeded, the information on the excess pages, i.e. any pages following after the prescribed number of pages, will not be included in the assessment of the tender. Pages not included in the non-price attribute submission shall not contain information other than that required for the stated purpose and will not be included in the assessment of the tender, or the tender may be deemed to be non-conforming. The submission typeface shall be no smaller than CG Times or Times New Roman 12 point or equivalent unless otherwise stated above, with full line spacing unless otherwise specified. Pages shall be printed on one side only. The tender submission should be structured in an easy to follow manner in accordance with the IFT. To some extent, the tender submission itself will be taken, by the Tender Evaluation Team, to be an example of the standard of report/document one could expect of that Consultant. It demonstrates an ability to provide a clearly laid out, concise, accurate, professional and effective document which meets set requirements. 1.14.3 Double Sided Pages <<Guidance Note: Include if double sided pages have been allowed for in Tender Format.>> Except where noted above as “may be double sided”, pages are to be single sided. If the Tenderer elects to use double sided pages where noted above, each side shall be counted as one page. 1.15 Joint Ventures Joint Ventures will only be considered if each participating party provides confirmation that: • The joint venture has a documented basis for its operation; and • Each joint venture party is liable for the actions of all others; and • The joint venture has adequate insurance in place. The confirmation outlined above must be provided during the first two weeks of the tender period. The Client may at its discretion request further information from one or more joint venture parties. If the Client is satisfied with the confirmation and any further information provided then by the Client may, at its discretion, allow the joint venture to participate in the NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 26 of 125 NZ Transport Agency tender. The Client will endeavour to make this decision within 5 working days of receiving all necessary information. Only Joint Ventures confirmed in writing by the Client prior to the close of tenders will be considered. Sub-consultancy arrangements are not joint ventures. 1.16 Privacy Act The Client requires the consent and authority of the Tenderer, (and of the individuals designated by the Tenderer to carry out aspects of the Project), authorising the Client to discuss and verify the Tenderer’s (and the individuals) stated relevant experience and track record with all the parties associated with that relevant experience and track record. Where the Tenderer is an individual, then pursuant to the Privacy Act 1993 the Tenderer by the submission of its tender and its signature on the tender form (Section C of the Contract Documents) authorises the Client or its designated representative: 1. To make enquiries of and concerning his/her performance in relation to works and/or projects listed as relevant experience or track records in the Attributes section of this tender. Such enquiries may be made to those parties named as having involvement in the works/projects and to any other persons involved in the works/projects; and 2. Where the Tenderer has identified particular individuals who will be retained or employed by the Tenderer to carry out the Project, then the Tenderer confirms to the Client that he/she has the written authority of those individuals identified in the tender submission, authorising the Client (or its designated representative) to make enquiries of and concerning the performance of those individuals so identified in relation to works and/or projects listed as relevant experience or track records by the company in the Attributes section of this tender. Such enquiries may be made to those parties named as having involvement in the works/projects and to any other persons involved in the works/projects. The Tenderer will produce this written authority forthwith upon request. Where the Tenderer is a company then the authorised signatory of the company who has executed the form of tender authorises the Client (or its designated representative) to make enquiries of and concerning the performance of the tendering company in relation to works and/or projects listed as relevant experience or track records by the company in the Attributes section of this tender. Such enquiries may be made to those parties named as having involvement in the works/projects and to other persons involved in the works/projects. The Tenderer waives any claim to confidentiality in relation to the works and/or projects listed as relevant experience or track records in the Attributes section of this tender. 2 Non-Price Attributes <<Guidance Note: Mandatory NPAs are Relevant Experience, Relevant Skills, and Methodology. Optional NPA is Track Record with the exception as stated below. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 27 of 125 If contract estimate is less than $400,000.00 for Lowest Price Conforming or Target Price options, ALL or some of the mandatory NPAs may be chosen. e.g. If you choose to exclude Relevant Experience then NPA clauses for Relevant Experience must be removed.>> 2.1 Relevant Experience and Track Record 2.1.1 General Tenderers are required to nominate a total of [five] projects for Relevant Experience, that illustrate the consultant's ability as a company to provide the technical and nontechnical (eg. consultation and liaison) expertise required to successfully complete this contract to the Client's expectations. <<Guidance note: add the following if Track Record is chosen.>> Tenderers are also required to nominate a total of [five] projects for Track Record. At least [five] out of the [five] projects must be the same nominations for Track Record as for Relevant Experience. Should Tenderers nominate less than the required number of projects this will be taken as a deficiency in the attributes for Relevant Experience and Track Record, and will be scored accordingly. Where more than the required number of projects are submitted, only the first nominated projects for Relevant Experience and Track Record will be considered. Tenderers should only identify projects that are complete or for which at least one phase is complete, or that have been held by the Tenderer for at least two years and that they cover the requirements of the project for which they are tendering. Tenderers must provide the same information for their key sub-consultants, detailing successfully completed projects of a similar nature. The scoring for a project will be based on the Tenderer’s overall performance as judged by the TET derived from: • The knowledge of the TET. <<Guidance note: include the following if Track Record is chosen.>> 2.1.2 • Completed final PACE forms, and • Referees’ responses. Nominations - General Provide the following details for each project nominated: 1. Project name, location, and brief description of the work carried out. 2. The names, company(s) and current contact telephone numbers of two persons to act as referees, for each project being: • The Project Client’s Representative’s, and/or • The Client’s agent, and who must have been directly responsible for supervising or overseeing the nominated projects. Providing inadequate contact information or non-applicable referees, may result in downgraded scoring. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 28 of 125 2.1.3 NZ Transport Agency 3. Contract value (professional services commission and physical works if applicable). 4. Identify any of the nominated projects were joint ventures. Identify the Joint Venture partner(s) and the proportion and nature of the work undertaken by the Tenderer. 5. Identify which major portions of the project (i.e. greater than 10% of the contract value) were carried out by sub-consultants. Nominations – Relevant Experience Tenderers must provide the following details for each project nominated for Relevant Experience: Relevance Tenderers shall: • Amplify on the relevance of each nominated project to this project; • Provide details of relevant experience relating to the critical factors from each nominated project and describe why they are relevant to this project; • Include key personnel and their focus for the nominated project; • Provide details of the percentage of work carried out by the Tenderer, and the percentage undertaken by any sub-consultant. Currency Provide detail of the start date and period over which each project was undertaken, or the percentage complete if under construction. Scale Provide the dollar value of the work carried out (fees and/or fees and physical works as appropriate), or the value of work complete if the project is ongoing. Newly formed consultancies or sub-consultants shall state the name of the company for which the experience is claimed. 2.1.4 Nominations – Track Record Where a final PACE evaluation has been completed for a nominated project, Tenderers shall submit the PACE form with their tender submission. Tenderers must provide the following details for each project nominated for Track Record: Health and Safety Safe Work Practices - effort focus and proactive management of safety. Safety Performance Measures (Network Consultant only) - achievement of the contractual performance measures. Administration Financial - effort and proactive management of the NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 29 of 125 project budget, cashflow, and its accuracy. Provide details of the following: • Tender price; • Final contract price; • Where the tender price differs from the final contract price, explain why; • Evidence of the accuracy of forecasting physical works expenditure. Handling of Variations - evidence of management of necessary changes being incorporated effectively and managed satisfactorily. 2.2 Relevant Skills The Tenderer shall nominate one or more person(s) for each of the personnel listed in the “Relevant Skills Tender Evaluation Form”. All personnel nominated in the Personnel Schedule and any others, including subconsultants, the Tenderer wishes to have recognised, shall be identified with supporting amplification/description and comments in terms of their position in the project team and the following attributes: Qualifications and Training Formal qualifications and training in the development of technical and/or management skills shall be described, together with their particular relevance to the position for which they are nominated; Practical Experience The length of experience in equivalent full-time years relative to the position for which they are nominated. The experience of the Team Leader and/or Deputy Team Leader in Client liaison and reporting shall be described. Achievements in previous projects shall be stated; and Focus and Commitment The Tenderer shall state the focus and commitment of each person nominated to the project. Their tasks and responsibilities shall be described and an indicative estimate of their time commitment to each of the project phases shall be provided in hours and also as a percentage of their time. Personnel nominated in the Personnel Schedule must be available to provide the services for the contract as required. The preformatted Personnel Schedule provided with this document, shall be completed and submitted with the tender as an appendix. Attach CVs for each person nominated for a role on the Relevant Skills Tender Evaluation Form or for the key positions identified in the Personnel Schedule. CVs need to demonstrate specific experience relevant to the position and should differentiate between technical and managerial skills where relevant to the position. CVs shall be bound in alphabetical order as an appendix to the submission, and include reference to relevant qualifications and training and state the dates completed. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 30 of 125 NZ Transport Agency CVs shall identify technical and management positions held and responsibility carried in relation to consultancy projects. Only one CV for each of the nominated personnel shall be submitted and recognised. The Team Leader is the person responsible for the day-to-day management of the project and for reporting to the Client. 2.3 Methodology The Tenderer shall provide a comprehensive statement of the proposed methodology. The statement shall focus on all the important steps, processes and procedures that in the opinion of the Tenderer, are necessary to ensure that this project meets all the Client's requirements, is completed in a timely manner, is within budget, and obtains all approvals and support from all interested parties. This methodology statement will demonstrate, to the Client, the Tenderer's understanding of the project and the Client's requirements, how these will be achieved including how the Consultant will ensure the specific outcomes stipulated by the Client will be achieved. The following lists those factors included within the Methodology Tender Evaluation Form, and describes what, as a minimum, should be included in Tenderers responses: <<Guidance Note: This section must fully align with Methodology Evaluation Form C, i.e. any of the below headings that you select (e.g. Consultants Programme) must be included in Form C.>> General Items 1. Project Organisational Structure: Provide a project organisation chart showing the structure and inter-relationship of all nominated personnel, including both internal and external interfacing lines, backup and the process catering for emergencies relevant to the project. The location of offices and personnel providing the services. Within this structure, describe the communication links between key parties (Management Team, Site Staff, Contractor, Sub-consultants, Designers, NZTA, external stakeholders etc). 2. Consultants Programme: Provide your outline programme in Gantt-chart form including all relevant project phases, key deliverables, Client hold-points, and other key milestones. Describe the project programming systems and procedures the Tenderer intends to use for this project. Indicate the procedures for managing any delays to the programme. The programme shall be developed bearing in mind the requirements for the Consultants Programme detailed in the Scope of Services. The programme should show the resources required at any stage of the contract; and it should detail the critical path. 3. Knowledge of Contract Area and Factors Affecting the Project: Demonstrate your knowledge of the project area and describe the local factors or influences that might have an affect on the project outputs. 4. Management Relationship - Project Control: Describe your proposed methodology for managing Client relationships. Include Client meetings and reporting to meet the requirements of this contract and any additional reports, features of your reports that you consider will be necessary or that will assist the Client’s management and control of this project. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency 5. 6. Page 31 of 125 Consultation: Describe your methodology for ensuring appropriate levels of liaison and consultation are completed with the relevant groups, including but not limited to: • NZTA; • Territorial Authority; • Regional Council; • Service Authorities; • Affected property owners and residents; • Maori; • Property and Network Maintenance Managers; • Provide an outline consultation strategy for securing statutory consents; • [Other]. Risk Management: Provide a summary of both the extreme and high risk level risks identified to date that may affect successful project delivery; discuss the method(s) utilised in the risk identification process, the perceived impacts and likely treatments to be employed. Describe your proposed methodology for ensuring the integration of risk management within the project delivery process and how that methodology satisfies client requirements for the conduct of Risk Management. Provide your outline risk adjusted programme (RAP) incorporating all future phases to project completion and describe how your management of the RAP satisfies client requirements for Risk Management within the context of programme management. 7. Cost Estimation and Economic Evaluation: Describe how cost estimates will be prepared, reviewed, and updated on the project. Describe the process for economic evaluation and review. Describe how risk contingency and cost of mitigation are to be dealt with within the estimating process. 8. Innovation, New Procedures and Techniques: The Client is seeking tenders that will provide best value for money spent. Describe any innovative or new, procedures or techniques that you will employ to ensure that project deliverables are to the highest possible standard, while still delivering value for money. 9. Quality Assurance – Review and Audit: Describe the Quality Assurance (QA), systems and measures that you will put in place to ensure that the requirements of the contract would be met during all phases of the contract, including the management of Sub-consultants. Describe how the Tenderer intends to ensure that the services are carried out in accordance with the Client's requirements and in particular detail the following aspects: • Project Quality Plan development; • Procedures for internal controls, reviews, and audits and peer reviews; • Function of Quality Manager; • Financial Management Systems; • Risk Management; • Auditing Management of Contractor's Quality Plan; • Management and Surveillance of Physical Works Contract(s); NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 32 of 125 NZ Transport Agency • [Other]. 10. Policy and Procedures: Describe the relevant policies and procedures to be used in undertaking this project, including, but not limited to, client reporting, communication, contract administration, health and safety, the environment, and levels of competency to effectively manage any Maori interests in outputs to be delivered. 11. Financial Management: The Client seeks a "no surprises" financial management and reporting strategy. Describe the financial management systems and reporting methodology the Tenderer proposes to use in managing the project expenditure, including updates and exception reporting and their approach to minimising the incurrence of additional costs to the Client. The system shall include the management of physical works expenditure, where appropriate. 12. [Other]: <<Guidance note: Discuss other items not listed above but related to your methodology, that you consider important in the delivery of the project outputs.>> I&R, D&PD and D&C: Specimen D&PD Items 1. Designation/Resource Consents: Provide an assessment of the status of the designation and resource consents; and describe the activities and your involvement required, responsibilities for the different activities, timing and coordination of outputs, and detail of method to be used to ensure their timely resolution through to completion of this contract. Include a strategy for confirming the designation width and completing all statutory requirements. 2. Land Entry and Property Requirements: Provide an assessment of the status of the property acquisition. Include a strategy for confirming the land purchase requirements for the project and how you propose to direct and coordinate the work of the “Other Consultants” in the property acquisition process. 3. Survey: Provide details of the topographical, engineering and legal site survey required and that you propose. This shall include a schedule of all survey identified as being required, and a description of the key rationale used in developing this schedule. 4. Geotechnical Testing and Analysis: Describe how you propose in your Preliminary Geotechnical Appraisal to: 5. • Identify potential geotechnical issues, • Assess and quantify identified issues to provide confidence in the design assumptions and estimates, and • Identify the Geotechnical Testing necessary to confirm major confidence issues within a schedule of recommended testing required to complete the project design. Social and Environmental Assessment: Describe how your approach will consider and minimise the impact on, or enhance, the current context socially and environmentally through factors identified in: • The Resource Management Act 1991 and Amendments, • The NZTA Environmental Policy Manual, • The NZTA Urban Design Implementation Principles, and NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency • Page 33 of 125 Relevant District Plans, Regional Plans, Regional Policy Statements and National Policy Statements or Standards. Provide details of all investigations or assessments proposed to confirm and build on the current available information in the preparation of an Assessment of Environmental Effects. Describe your proposed environmental testing including, but not limited to, groundwater, aquatic, acoustic, vibration, contamination and air quality, and monitoring you propose to ensure design, evidential and consenting requirements will be met. 6. Cultural and Historical: Describe how your approach will consider and minimise the impact on, or enhance any places of cultural/historical significance through factors identified in Transit’s Maori Policy and the Historic Places Act 1993. 7. Design Process: Describe your design process and how it will deliver, a design that meets or exceeds the Clients expectations and statutory approval requirements, and make allowance for key Client inputs and inputs from the “Other Consultants”. Detail the specific process and proposal for each of the key design elements: • Modelling using appropriate modelling tools to confirm intersection and design proposals and optimisation of layout and footprint requirements; • Geometric and drainage design to accommodate discharge requirements and likely consent conditions; • Bridges and associated structures design; • Design requirements to accommodate likely geotechnical constraints and cost effective earthworks; • Pavement design and use of cost efficient materials; • Services relocation requirements; • Constructability and Traffic Management (including traffic modelling); • Future maintenance requirements; • Aesthetic considerations: Urban Design and Landscaping; • Ancillary features (e.g. Noise suppression, ATMS and TDM provisions); • Internal design peer reviews; • Internal road safety audit; • [Other]. 8. Value Management: Describe your understanding of Value Management, its application to the Design phase of this project and the benefits you would see ensuing. 9. [Other]: <<Guidance note: Discuss other items not listed above but related to your methodology, that you consider important in the delivery of the project outputs.>> D&PD and D&C: Specimen D&PD Items 1. Contract Documentation: Describe the key design documentation, including drawings and contract documents including any provision for construction staging that you will produce at the completion of the design Phase. 2. PW Contract Preparation: Detail your approach to the procurement of a supplier for the main physical works contract, demonstrating your understanding of NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 34 of 125 NZ Transport Agency NZTA’s procedures in this regard. List specific requirements that might be included in the documents. Include details of the resources that will be provided, and how they will be utilised to this purpose. 3. [Other]: <<Guidance note: Discuss other items not listed above but related to your methodology, that you consider important in the delivery of the project outputs.>> MSQA Items 1. Partnering: Describe your understanding of Partnering, its application to the Physical Works phase of this project and the benefits you would see ensuing. 2. Contract Management: Detail the proposed tender evaluation and contract management processes you intend following and potential issues. 3. Contract Surveillance and Quality Assurance: Detail the construction issues and challenges and levels of surveillance, observation and supervision you propose to apply, including verification, sampling and testing, for the different project parts. Include details of the resources you will provide and how and where they will be utilised to drive high performance from the physical works contractor. Indicate how you will ensure the Contractors Programme will be kept on track and how any deviation will be handled. 4. Contract finalisation: Detail your obligations at the conclusion of the contract and how you propose ensuring the timely delivery of; final documentation and reports, issuing the certificate(s) of practical completion, final land requirement plans, legalisation surveys, Road Construction Information Sheets, Bridge Data System Input Forms, As-Built Drawings, Asset Owner’s Manual and inputs during the period of defects liability. 5. [Other]: <<Discuss other items not listed above but related to your methodology, that you consider important in the delivery of the project outputs.>> Network Management Items 1. [Other]: <<Discuss other items not listed above but related to your methodology, that you consider important in the delivery of the project outputs.>> Hybrid Items 1. [Other]: <<Discuss other items not listed above but related to your methodology, that you consider important in the delivery of the project outputs.>> Bridges and Other Structures Items 1. [Other]: <<Discuss other items not listed above but related to your methodology, that you consider important in the delivery of the project outputs.>> Traffic Monitoring Items 1. Knowledge of NZTA’s Traffic Monitoring Processes: Demonstrate your detailed knowledge of the NZTA’s processes for Traffic Monitoring and associated vehicle classification techniques, data acceptance criteria and its Traffic Monitoring Systems. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency 2. 3. Page 35 of 125 Traffic Data QA - Review and Audit: Describe the Quality Assurance (QA), systems and measures that you will put in place to ensure that the requirements of the contract would be met during all phases of the contract, including the management of Sub-consultants. Demonstrate your knowledge of statistical analysis and how you plan to demonstrate achieved data accuracy. Describe how the Tenderer intends to ensure that the services are carried out in accordance with the Client’s requirements and in particular detail the following aspects: • Project Quality Plan development. • Procedures for internal controls, reviews, and audits and peer reviews. • Function of Quality Manager. • Knowledge of Statistical Analysis of Data Accuracy. [Other]: <<Discuss other items not listed above but related to your methodology, that you consider important in the delivery of the project outputs.>> 3 Tender Evaluation Procedure 3.1 Tender Evaluation Team A Tender Evaluation Team (TET) has been nominated to evaluate the tenders. Expert advisors may be requested to support and advise the TET during the evaluation. The TET for this contract will be: Tender Evaluation Team (TET) <<At least one TET member must be qualified>> [Name, Position, Company]; (Leader) [Name, Position, Company] [Name, Position, Company] Tenderers will be notified in writing of any changes to the TET. Tenderers who believe there is a conflict of interest or risk of bias with a member of the TET may write to the Probity Auditor within [two] weeks <<Guidance note: must not be greater than 2 weeks>> of the tender documents being issued, outlining their concerns so that the appropriate action can be taken. 3.2 Supplier Selection Method <<Guidance Note 1: Mandatory NPAs are Relevant Experience, Relevant Skills, and Methodology. Optional NPA is Track Record with the exception as stated below.>>. <<Guidance Note 2: If contract estimate greater than $400,000.00, ALL mandatory NPAs must be included under the chosen supplier selection method. If the contract is not advertised then a Registration of Interest letter must be distributed to ALL consultants registered on the independent consultants register. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 36 of 125 NZ Transport Agency If contract estimate is greater than $200,000.00 and less than $400,000.00 and contract will not be advertised you must seek at least 3 tenderers from your independent consultants register.>> <<Guidance Note 3: If contract estimate is less than $400,000.00 for Lowest Price Conforming or Target Price options, ALL or some of the mandatory NPAs may be chosen. e.g. If you choose to exclude Track Record from option then NPA clauses and tender evaluation form for Track Record must be removed.>> <<Guidance Note 4: If contract estimate is less than $200,000.00, then it may be more appropriate to use the Short Form Contract Agreement.>> 3.2.1 Statements of Interest and Ability <<Short Listing>> Statements of Interest and Ability will be evaluated in accordance with this document and the “Short Listing Procedures” of the NZTA Contract Procedures Manual (SM021). Weightings will be given to each of the non-price attributes as follows: Relevant Experience Track Record Relevant Skills ([35]%) ([30]%) ([35]%) A tender receiving a score of 35% or less for any non-price attribute will fail on that attribute and that tender will be rejected. <<Guidance note: The Mandatory NPAs (i.e. Relevant Experience and Relevant Skills) must be chosen (excludes methodology) and each NPA must not be less than 10%, and total must add up to 100%.>> 3.2.2 Tenders <<PQM Simple>> Tenders will be evaluated in accordance with this document and the “PQM Simple Method”, of the NZTA Contract Procedures Manual (SM021). Weightings will be given to each of the attributes as follows: Relevant Experience Track Record Relevant Skills Methodology Price ([15]%) ([10]%) ([20]%) ([35]%) ([20]%) A tender receiving a score of 35% or less for any non-price attribute will fail on that attribute and that tender will be rejected. <<Guidance note: Where a NPA is used, the weighting applied must not be less than 10%, and Price must not be less than 20% and must not exceed 30% without specific approval. If Price weighting exceeds 30% then approval from the Manager of Project Services at National Office must be obtained. The total must add up to 100% >> 3.2.3 Tenders <<PQM Simple + Price Deviation Adjustment (PDA )>> In addition to the PQM Simple evaluation method of the NZTA Contract Procedures Manual (SM021), the submitted tender price will have a Price Deviation Adjustment added. This adjustment is calculated after all submitted price envelopes have been opened. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 37 of 125 If the tendered price is more than 90% of the median tender price, (when only two tenders are received the Base Estimate is included in the median price calculation), no adjustment will be made. If the tender price is less than 90% of the median tender price, the Price Deviation Adjustment is calculated by multiplying the difference between the tendered price and 90% of the median tender price by 1.5 to give a positive adjustment figure, which is then added to the submitted tendered price. E.g. If 90% of the median tender price is $100,000.00 and a submitted tender price is $80,000.00 the PDA = ($100,000.00 - $80,000.00) x 1.5 = $30,000.00. Weightings will be given to each of the attributes as follows: Relevant Experience Track Record Relevant Skills Methodology Price ([15]%) ([10]%) ([20]%) ([35]%) ([20]%) A tender receiving a score of 35% or less for any non-price attribute will fail on that attribute and that tender will be rejected. <<Guidance note: Where a NPA is used, the weighting applied must not be less than 10%, and Price must not be less than 20% and must not exceed 30% without specific approval. If Price weighting exceeds 30% then approval from the Manager of Project Services at National Office must be obtained. The total must add up to 100%>> 3.2.4 Tenders <<Lowest Price Conforming>> Tenders will be evaluated in accordance with this document and the “Lowest Price Conforming” method of the NZTA Contract Procedures Manual (SM021). The following selected non-price attributes will be assessed for tender conformance: Relevant Experience Track Record Relevant Skills Methodology (Pass/Fail) (Pass/Fail) (Pass/Fail) (Pass/Fail) A tender receiving a fail score for any non-price attribute will be rejected. <<Guidance note: Mandatory NPAs must be chosen and scored on a Pass/Fail basis with relevant Pass/Fail marking forms, unless you have applied rules from guidance note 3 under 3.2 above.>> 3.2.5 Tenders <<Target Price – can not be selected for Short Listing process.>> Tenders will be evaluated in accordance with this document and the “Target Price Method”, of the NZTA Contract Procedures Manual (SM021). Weightings will be given to each of the non-price attributes as follows: Relevant Experience Track Record Relevant Skills Methodology ([25]%) ([15]%) ([25]%) ([35]%) NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 38 of 125 NZ Transport Agency A tender receiving a score of 35% or less for any non-price attribute will fail on that attribute and that tender will be rejected. <<Guidance note: Mandatory NPAs must be chosen (each NPA must not be less than 10%), and total must add up to 100% with relevant marking forms) unless you have applied rules from guidance note 3 under 3.2 above.>> 3.2.6 Tenders <<Brook’s Law Option>> Tenders will be evaluated in accordance with this document and the “Brook’s Law Method” of the NZTA Contract Procedures Manual (SM021). Weightings will be given to each of the non-price attributes as follows: Relevant Experience Track Record Relevant Skills Methodology ([20]%) ([15]%) ([35]%) ([30]%) A tender receiving a score of 35% or less for any non-price attribute will fail on that attribute and that tender will be rejected. <<Guidance note: Mandatory NPAs must be chosen (each NPA must not be less than 10%), and total must add up to 100% with relevant marking forms).>> 3.3 3.4 Tender Evaluation Process 1. The TET will complete their individual evaluation of the tendered contents of each “Envelope No 1 - Proposal, excluding Price” and then meet and reach preliminary agreement on the TET evaluation of the non-price attribute score for each tender. 2. Where a tender does not meet the minimum standard required of this RFT or a grade of 35 or less is awarded for any non-price attribute the tender will be deemed non-conforming and no further evaluation will take place. 3. Documented tender clarification may be sought from Tenderers through interview or other means during the evaluation and recorded for evaluation purposes. 4. The final scores will be submitted to the Client’s authorised manger for approval to open the price envelopes for all tenders. 5. Following opening of “Envelope No 2 - Price” of all tenders and identification of the Tenderer with the lowest adjusted evaluation price a preletting meeting may be held with the Tenderer who submitted this preferred tender. 6. Final acceptance of a tender will be made following submission of a report and recommendation to the Client’s authorised manger. Late Tenders The Client may at its sole discretion consider any tender received after the time stipulated if the circumstances can be shown to be extreme and beyond the control of the Tenderer. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency 3.5 Page 39 of 125 Presentation of Tender Presentations will begin the following week after the close of tenders. Two hours will be allowed for Tenderers to make their presentation including questions. Order and specific times for presentations will be drawn by lot and advised to each Tenderer one week prior to the close of tenders. Presentations will be held at the NZTA office in [City]. Tenderers will be required to provide any audio-visual equipment required for their presentation. The objective of the presentation is to: • Highlight key aspects of the bid; • Introduce key team members; • Provide a roadmap of the tender for the TET including structure, definitions etc. Tenderers shall not provide new information in their presentations. Each Tenderer shall conduct their presentation on the assumption that the TET has no knowledge of the content of the Tenderer’s submission. The TET will be permitted to ask questions seeking clarification only. The Tenderer will be permitted to distribute up to 10 pages of charts and diagrams to assist with its presentation. These pages shall be returned to the Tenderer at the end of the presentation. 3.6 Errors and Omissions In the event that the Client discovers errors and/or omissions in a tender, the Client may, without advising the Tenderer of the errors and/or omissions, request the Tenderer confirm the tender without correction. Where such confirmation is not received the tender may be rejected. All tender schedules must be properly filled in, on the original forms, to the satisfaction of the Client, including the Geotechnical Testing Schedule and Additional Services Schedule, where provided in the RFT. Schedules considered by the Client to be improperly filled in (eg. rates not provided where required in the Schedule), may result in the tender being rejected. Where the Client discovers a tender contains errors in extension of unit rates or summation of items such as to vary the tendered sum, the Client will draw the error to the attention of the Tenderer and invite the Tenderer to confirm the tendered sum notwithstanding the error. Where such confirmation is not received, the tender may be rejected. 3.7 Tags The Client’s preference is that Tenderers’ submissions do not contain tags. However, it is acknowledged that in some circumstances Tenderers may feel it is necessary to tag their Tender submission. Where a Tenderer tags their Tender submission in order to modify the contractual terms detailed in this Tender Document, then the Tenderer must detail that modification in their Tender Tag Statement. The Tender Tag Statement must include, for each tag: NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 40 of 125 NZ Transport Agency • Reference to the part of the contract document that is intended to be changed, and • The Tenderer’s reason for the necessity for such a change to the contractual requirements. Any statement in a Tender submission that has the general effect of being a tag, but is not included in a Tender Tag Statement, does not take precedence over the requirements of this Tender Document, and is of no effect unless expressly recognised in writing by the NZTA. The Client may, at its discretion, assign a premium to any Tender in the tender evaluation process in respect of an accepted tag that the Client considers to alter the risks, benefits, or cost of the project. The Tenderer will be requested to remove tags that are unacceptable to the Client, without amendment to the tender price. Failure of the Tenderer to remove unacceptable tags will result in the tender being rejected. 3.8 Tender Evaluation Interviews Further to the evaluation of submitted material, the Client reserves the right to interview any or all Tenderers. Interviews shall not introduce information additional to that submitted in the tender, but are expected to clarify or confirm issues not fully presented in the tendered submission or resulting from the interview. Interviews will not be used to provide additional information to Tenderers. Any representations made by the Client at such interview will not be binding unless committed to writing and signed by both parties. Interviews will be held at the Client's office in [City], at [one week's] notice. 3.9 Preletting Meeting <<Guidance note: It is recommended you select “preletting meeting” to enable you to negotiate contract terms and rates, especially if you have selected a Quality/Brook’s Law tender.>> Following the opening of Envelope 2: Price, and prior to contract award, the Client will hold a preletting meeting(s) with the preferred Tenderer. Meeting(s) will be convened as required by the Client, who will involve any other advisers on an ‘as-required’ basis. The preferred Tenderer shall be represented by key personnel, who would usually include, as a minimum, the Team Leader and/or the Deputy Team Leader. The preletting meeting(s) will be aimed at developing a more refined and robust contract and consist of a contractual meeting with resolutions minuted, signed by both parties and included in the contract documents. Matters to be discussed will include but not limited to: 1. Resolving any outstanding issues including ambiguities or shortcomings associated with the tender documents or tender submission; 2. Clarifying the interpretation of the scope of services to be undertaken; 3. Confirming the Tenderer’s methodology and resources to be applied, and resolving any issues where any potential misalignment is found; 4. A review of the appropriateness of the organisational ownership of risks identified to date, and their analysis, evaluation and proposed treatment. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency 3.10 Page 41 of 125 5. Reviewing the Tenderer’s proposed Programme (and RAP where it exists as a separate [but dependent] programme); 6. Confirming consultation requirements with affected parties; 7. Confirming designation, resource consents and property acquisition requirements; and 8. Negotiating any other contract terms (including price and performance measures e.g. the lump sums and rates that make up the sums associated with all services, additional services may be discussed, agreed and adjusted). Lowest Price or Any Tender not Necessarily Accepted The Client reserves the right to accept any of the tenders submitted in accordance with this section of the Request for Tender document and is not bound to accept the tender which submits the lowest sum for the performance of the professional services. Further, the Client reserves the right to withdraw from the tender process at any time without notice before entry into the Contract. If the Client withdraws from the tender process then no Tenderer shall have any claim for compensation or otherwise against the Client, and all Tenderers shall return all documents provided to the Tenderers for the purposes of making a tender, together with all copies whether stored on hard copy or electronically. 3.11 Probity An independent probity auditor has been appointed to overview the Client’s tendering process (up to contract award), and to verify that the procedures set out in the IFT are complied with. The probity auditor is not a member of the TET. A Tenderer concerned about any procedural issue has the right to contact the probity auditor and request a review. The outcome of any such review will be documented with copies sent to both the Tenderer who raised the issue and to the Client. The name and contact details are as follows: Peter Davies Director, Specialist Audit and Assurance Services (Team Leader, Probity Services) Audit New Zealand 100 Molesworth Street Thorndon PO Box 99 WELLINGTON 6140 DDI: 04 496 3099 Mobile: 021 222 4824 Fax: 04 496 3195 Email: Peter.Davies@auditnz.govt.nz. 4 Signing of Professional Services Document Procedural requirements for the execution of the professional service Contract Agreement will be arranged by the Client. The index page(s) of the document will be NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 42 of 125 NZ Transport Agency signed by all persons who will be signatories to the contract. The Client’s delegated representative will sign the contract on behalf of the Client. Please note in Clause 2.1(f) of the Contract Agreement, the Client will require the authorised signatories of the Tenderer to be authorised in writing to execute the Contract and if the Tenderer is a company, the Client will require confirmation that all appropriate resolutions and authorities have been passed by and obtained from the shareholders and directors of the company to authorise the company to enter into the Contract. 5. Tender Evaluation Forms <<Guidance note: The forms listed below are driven from your choice of supplier selection method in 3.2. e.g. If you have chosen to exclude Track Record, then exclude “Form B: Track Record” below and remove the evaluation form.>> The following Tender Evaluation Forms will be used in the evaluation of tender nonprice attributes: • Form A: Relevant Experience and Track Record • Form B: Relevant Skills • Form C: Methodology. Sub-attribute weightings for the criteria to be assessed in the evaluation of the nonprice attributes shall be stated on the forms at the time of tender. If no sub-attribute weightings are shown, the assessment criteria will be evaluated as having equal weightings. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 43 of 125 Form A Relevant Experience (Weighting [XX]%) or no weighting for LPC Project <<Relevance, Currency & Scale to add to 100% or Pass/Fail for LPC>> <<Remove row for LPC>> Relevance ([60]%) or Pass/Fail 35 or less: 40, 45: 50, 55: 60, 65, 70: 75, 80, 85: 90, 95, 100: Not related Barely related related Particularly related Very related Extremely related Currency ([20]%) (Years ago or % complete) or Pass/Fail 35 or less: 40, 45: 50, 55: 60, 65, 70: 75, 80, 85: 90, 95, 100: Scale ([20]%) (% of Estimate) or Pass/Fail 5+ years or < 50% complete 4–5 years or 5060% complete 3-4 years or 6070% complete 2-3 years or 7080% complete 1-2 years or 8090% complete 0-1 years or 9099% complete 35 or less: 40, 45: 50, 55: 60, 65, 70: 75, 80, 85: 90, 95, 100: <35% of estimate 35-50% of Estimate 50-70% of Estimate 70-90% of Estimate 90-100% of Estimate > or = Estimate Track Record (Weighting [XX]%) or no weighting for LPC Performance – Standard (100%) or Pass/Fail 35 or less: 36-to 49: 50-to 59: 60 to 70: 71 to 85: 86 to 100: Unsatisfactory Needs Improvement Acceptable Requirements fully met Exceeds Requirements Superlative Summary Rating: <<remove row for LPC>> Tenderer: Relevant Experience Rating: Track Record Rating: Guidance note: • Relevant Experience and track record weighting must align to the % weighting chosen in the Supplier Selection Method. • Sub attribute weightings are the default, and may be amended as appropriate. Evaluators Comments (Continue on Separate Sheet if Necessary) Note to TET: • Relevant experience relates to company not individuals; • The Team Leader is the person responsible for the day-to-day management of the project and for reporting to the Client; • Company permanence and commonality of personnel with those nominated in RS are of greater relevance; • Relevant experience should include relevant experience of key sub-consultants if appropriate; • Recent experience is more valuable than historic experience (for uncommon or unusual projects older that 5 years, currency is to be assessed more moderately); and • Can the Tenderer readily adapt existing experience to the type of work being tendered for? • Track Record relates to company, not individuals, and should include track record of key sub-consultants; • Where no Final PACE evaluation is in the database, a PACE form shall be used when interviewing the referees; and • Where the relevant phase is incomplete or more than 5 years old, the TET may consider downgrading the Project. • The TET may factor the Final PACE score and/or interviewed PACE score, where a project nominated under Track Record is: less than relevant to the tendered contract; is not consistent with referee checks; and/or is contrary to the TET’s knowledge and experience. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 44 of 125 NZ Transport Agency Relevant Skills (Weighting [XX]%) or no weighting for LPC Personnel <<row to add to 100% or Pass/Fail for LPC>> <<remove row for LPC>> <<% column to add to 100% or no weightings for LPC>> Team Leader % or no weighting for LPC – applicable to all selected below ([XX]%) Deputy Team Leader ([XX]%) Design Manager ([XX]%) Designer(s) ([XX]%) Consultation Personnel ([XX]%) Planning Personnel ([XX]%) Bridge/Culvert Designer ([XX]%) Environmental Personnel ([XX]%) Geotechnical Engineer ([XX]%) Engineer to the Contract ([XX]%) Engineer’s Representative(s) ([XX]%) Estimator ([XX]%) Economic Analyst ([XX]%) Risk Management Specialist ([XX]%) Quality Manager ([XX]%) Field Staff ([XX]%) Electronics/ Communications Engineer ([XX]%) Software Support ([XX]%) Data Analysis ([XX]%) Weigh in Motion Engineer ([XX]%) Sub-consultants’ Management Personnel ([XX]%) [Other] ([XX]%) Qualification and Training ([40]%) or Pass/Fail 35 or less: 40, 45: 50, 55: 60, 65, 70: 75, 80, 85: 90, 95, 100: Barely adequate Adequate Meets requirements Related Very Related Directly Applicable Form B Practical Experience ([50]%) or Pass/Fail 35 or less: 40, 45: 50, 55: 60, 65, 70: 75, 80, 85: 90, 95, 100: Poor Below Average Average Above Average Good Excellent Focus and Commitment ([10]%) or Pass/Fail 35 or less: 40, 45: 50, 55: 60, 65, 70: 75, 80, 85: 90, 95, 100: Poor Below Average Average Above Average Good Excellent Summary Rating: <<remove row for LPC>> Tenderer: Relevant Skills Rating: Guidance note: • The personnel selected above must align with the Personnel Schedule. • Relevant Skills weighting must align to the % weighting chosen in the Supplier Selection Method. • Sub attribute weightings are the default, and may be amended as appropriate. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 45 of 125 Evaluators Comments: (Continue on Separate Sheet if Necessary) Note to TET: • Relevant Skills relates to individuals not company, and should include relevant skills of key sub-consultants, if the positions listed are to be filled by sub-consultants. • The Team Leader is the person responsible for the day-to-day management of the project and for reporting to the Client. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 46 of 125 NZ Transport Agency Methodology (Weighting [XX]%) or no weighting for LPC Form C Factor Standard (100%) or Pass/Fail <<Standard 100% or Pass/Fail for LPC>> 35 or less: 40, 45: 50, 55: 60, 65, 70: 75, 80, 85: 90, 95, 100: <<remove this row for LPC>> <<column to add to 100% or no weightings for LPC>> Project Organisational Structure or no weighting for LPC– applicable to all selected below ([XX]%) Consultants Programme ([XX]%) Knowledge of Contract Area and Factors Affecting the Project ([XX]%) Management Relationship – Project Control ([XX]%) Consultation ([XX]%) Risk Management ([XX]%) Cost Estimation and Economic Evaluation ([XX]%) Innovation, New Procedures, Techniques, etc ([XX]%) Quality Assurance – Review and Audit ([XX]%) Policy and Procedures ([XX]%) Financial Management ([XX]%) Designation/Resource Consents, Land Entry and Property Acquisition ([XX]%) Survey ([XX]%) Geotechnical and Other Field Testing and Analysis ([XX]%) Social and Environmental Design ([XX]%) Cultural and Historical ([XX]%) Design Process ([XX]%) Value Management ([XX]%) Contract Documentation ([XX]%) PW Contract Preparation ([XX]%) Partnering ([XX]%) Contract Management ([XX]%) Contract Surveillance and Quality Assurance ([XX]%) Contract finalisation ([XX]%) Knowledge of NZTA’s Traffic Monitoring Processes ([XX]%) Traffic Data QA - Review and Audit ([XX]%) [Other] ([XX]%) [Other] ([XX]%) Poor Below Average Average Above Average Good Excellent Summary Rating: <<remove this row for LPC>> Tenderer: Methodology Rating: Guidance note: • The list headings above must correspond to the headings selected within 2.5 Methodology. • Methodology weighting must align to the % weighting chosen in the Supplier Selection Method. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 47 of 125 Methodology (Weighting [XX]%) or no weighting for LPC Factor <<Standard 100% or Pass/Fail for LPC>> <<remove this row for LPC>> <<column to add to 100% or no weightings for LPC>> Form C Standard (100%) or Pass/Fail 35 or less: 40, 45: 50, 55: 60, 65, 70: 75, 80, 85: 90, 95, 100: Poor Below Average Average Above Average Good Excellent Evaluators Comments: (Continue on Separate Sheet if Necessary) Note to TET: • Methodology relates to the proposed method of carrying out the professional services, and should include methodology and company systems of key sub-consultants if services are to be carried out by sub-consultants; • Company systems marked are those specifically proposed and adapted to meet the needs of this project, not those used on previous contracts; • This attribute also evaluates procedures the Tenderer proposes to use to achieve the specified end result; and • TET should consider the following when evaluating methodology: Does the submission focus on this project? Is the methodology appropriate? What risks are there associated with proposed innovations? Is the proposed observation/supervision of the construction appropriate? NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 49 of 125 Section C Tender Form, Pricing and Personnel Schedules NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 51 of 125 Tender Form The NZ Transport Agency Professional Services Contract Number: [NZTA Contract No.] [Contract Name] For the Delivery of Professional Services to the NZ Transport Agency 1. I/We (the undersigned) do hereby tender the sum of: [Amount in words] ($ ), excluding Goods and Services Tax, for the delivery of the Services in accordance with and as described in the Contract Documents. <<OR, for Quality/Brook’s Law tenders based on rates only choose the following text>> I/We (the undersigned) do hereby submit the Additional Services Schedule as our tender, excluding Goods and Services Tax, for the delivery of the Services in accordance with and as described in the Contract Documents. 2. This tender is unconditional, shall remain open for acceptance by the NZ Transport Agency and shall not be revocable by me/us until ten (10) weeks after the closing Date, which date is set out on the front page of the Contract Documents. 3. I/We agree that NZ Transport Agency’s invitation to bid is not an offer and there will be no binding agreement between me/us and the NZ Transport Agency until the NZ Transport Agency has confirmed in writing that the NZ Transport Agency has accepted my/our offer. 4. I/we understand and accept that the Client is not bound to accept the lowest price or any tender and that the NZ Transport Agency reserves the right to withdraw from the tender process at any time without notice. 5. If my/our tender is accepted then I/we agree to execute the form of Contract immediately it is sent to me/us for execution. We further understand that no payment will be made until the Contract Agreement is signed by the Consultant without significant amendment. 6. I/we confirm that I/we have read, understood and agree unreservedly to all of the contents of the Contract Documents and in particular (but without limiting my/our confirmation) the contents of the Contract itself as set out in Clause 4.1 of Section A of the Contract Documents. Authorised Signature: Date: Name of Company: Name of Contact Person: Telephone: Postal Address: Facsimile: Email: NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 52 of 125 Target Price Tender Form The NZ Transport Agency Professional Services Contract Number: [NZTA Contract No.] [Contract Name] For the Delivery of Professional Services to the NZ Transport Agency 1. I/We (the undersigned) do hereby agree that for the sum of: [Amount in words NZTA PM to complete] ($ NZTA PM to complete), excluding Goods and Services Tax, we will deliver the Services in accordance with and as described in the Contract Documents. 2. This tender is unconditional, shall remain open for acceptance by the NZ Transport Agency and shall not be revocable by me/us until ten (10) weeks after the closing Date, which date is set out on the front page of the Contract Documents. 3. I/We agree that NZ Transport Agency’s invitation to bid is not an offer and there will be no binding agreement between me/us and the NZ Transport Agency until the NZ Transport Agency has confirmed in writing that the NZ Transport Agency has accepted my/our offer. 4. I/we understand and accept that the Client is not bound to accept this or any tender and that the NZ Transport Agency reserves the right to withdraw from the tender process at any time without notice. 5. If my/our tender is accepted then I/we agree to execute the form of Contract immediately it is sent to me/us for execution. We further understand that no payment will be made until the Contract Agreement is signed by the Consultant without significant amendment. 6. I/we confirm that I/we have read, understood and agree unreservedly to all of the contents of the Contract Documents and in particular (but without limiting my/our confirmation) the contents of the Contract itself as set out in Clause 4.1 of Section A of the Contract Documents. Authorised Signature: Date: Name of Company: Name of Contact Person: Telephone: Postal Address: Facsimile: Email: NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 53 of 125 Contract Pricing Schedule The method and basis of payment for each of the following Pricing Schedule items is described in the Payment Schedule, located at the end of Section C of the Contract Documents. <<Guidance note: If you change the default item Unit e.g. “LS” to “[X] ea”, you must define the method of payment for the changed item within the Contract Payment Schedule. If you have multiple projects for this contract (e.g. term block), is there a need to price projects individually? i.e. is there a risk that a project may not go ahead and will need to be removed from the schedule? If “yes” then you have the option to price items as either one item (refer item 2.8 below) or as individual projects (refer item 2.8.1 below). Please ensure you name your individual project(s) and insert additional projects on next line(s) as item 2.8.2 etc.) If your answer is “no” then remove references to “Project 1” within the schedule>> Project: [Contract Name] Item Description Unit Rate 1 SECTION D - Scope of Services 1.1 General L.S. --- 1.2 Aerial Photography L.S. --- 1.3 Open Days [2] ea 1.4 News Letters [X] ea 1.5 [Other] [list items and define payment] Amount L.S./[X] ea Sub-total Item 1 2 $XX,XXX.XX STANDARD SPECIFICATION - Contract Management <<Guidance note: do not select for Network Management or Hybrid>> 2.1 General L.S. --- 2.2 Consultant’s Project Quality Plan L.S. --- 2.3 Consultant’s Programme L.S. --- 2.4 Site Safety Plan L.S. --- 2.5 Consultation Plan <<Guidance note: select if catchment is known otherwise select as a PS.>> L.S. --- 2.6 Monthly Project Meetings [X] ea 2.7 Workshops [X] ea 2.8 2.8.1 Activity Risk File L.S. -- Project 1 L.S. --- 2.9 Risk Reviews 2.10 Reporting 2.10.1 2.10.2 2.10.3 2.10.4 I&R D&PD MSQA Final Construction Report [X] ea L.S. L.S. L.S. L.S. --------- NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 54 of 125 NZ Transport Agency Item Description 2.11 [Other] [list items and define payment] Unit Rate Amount L.S./[X] ea Sub-total Item 2 3 STANDARD SPECIFICATION - Investigation and Reporting 3.1 General L.S. --- 3.2 Scoping Report L.S. --- 3.3 Preliminary Geotechnical Appraisal Report L.S. --- 3.1 Consultation L.S. --- 3.5 Liaison with Key Stakeholders L.S --- 3.6 Transport/Traffic Model L.S --- 3.7 Value Assurance Decision Making Reports <<Guidance note: if number of reports are known otherwise select as PS.>> 3.8 Scheme Assessment Report 3.8.1 3.9 3.9.1 3.9.1.1 3.9.2 3.9.2.1 3.10 3.10.1 3.10.1.1 3.10.2 3.10.2.1 3.11 3.11.1 3.12 Project 1 $XX,XXX.XX [2] ea L.S. --- L.S. --- L.S. L.S. L.S. L.S. --------- L.S. L.S. L.S. L.S. --------- L.S. --- L.S. --- Notice(s) of Requirement Preparation of Notice Project 1 Consent Authority Hearings Project 1 Property Strategies Options Evaluation Strategy Project 1 Property Acquisition Strategy Project 1 Property Acquisition Requirements Project 1 [Other] [list items and define payment] L.S./[X] ea Sub-total Item 3 4 STANDARD SPECIFICATION – Design and Project Documentation or Design & Construct: Specimen D&PD 4.1 Design 4.1.1 4.1.1.1 4.1.2 4.1.2.1 4.1.3 4.1.3.1 4.1.4 4.1.4.1 4.1.5 4.1.5.1 General Project 1 Construction Drawings Project 1 Consultation/Liaison Project 1 Design Philosophy Statement Project 1 Bridge Design Statement Project 1 NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. --------------------- $XX,XXX.XX NZ Transport Agency Item 4.1.6 4.1.6.1 4.1.7 4.1.7.1 Description Bridge Data System Input Forms Project 1 Final Design Report Project 1 Page 55 of 125 Unit Rate L.S. L.S. L.S. L.S. --------- L.S. --- 4.2 Preliminary Geotechnical Appraisal Report <<if there is a need to provide a recommendation for further geotechnical investigations beyond I&R>> 4.3 Statutory Applications [4] ea 4.4 Statutory Authority Hearings [1] ea 4.5 Property Acquisition Management 4.5.1 4.6 Project 1 Value Assurance Decision Making Reports <<Guidance note: if number of reports are known otherwise select as PS.>> 4.7 Tender Documentation 4.7.1 4.8 Project 1 [Other] [list items and define payment] L.S. --- L.S. --- Amount [2] ea L.S. --- L.S. --- L.S./[X] ea Sub-total Item 4 5 STANDARD SPECIFICATION - Management, Surveillance and Quality Assurance 5.1 Tender Administration and Evaluation 5.2 Management and Surveillance of the L.S. --- L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. L.S. --------------------- L.S. --- $XX,XXX.XX Physical Works 5.2.1 5.2.1.1 5.2.2 5.2.3 5.2.3.1 5.2.4 5.2.5 5.2.5.1 5.2.6 5.2.6.1 General Project 1 Project Management Board Meetings As-built drawings Project 1 Road Construction Information Forms Asset Owner’s Manual Project 1 Final Construction Report Project 1 5.3 Property Requirements 5.4 [Other] [list items and define payment] L.S./[X] ea Sub-total Item 5 6 STANDARD SPECIFICATION – Network Management 6.1 General 6.2 [list items and define payment] L.S. $XX,XXX.XX --- L.S./[X] ea 6.2.1 [list items and define payment] L.S./[X] NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 56 of 125 Item NZ Transport Agency Description Unit Rate Amount ea Sub-total Item 6 7 STANDARD SPECIFICATION – Hybrid 7.1 General 7.2 [list items and define payment] L.S. $XX,XXX.XX --- L.S./[X] ea 7.2.1 [list items and define payment] L.S./[X] ea Sub-total Item 7 8 STANDARD SPECIFICATION – Bridges & Other Structures 8.1 General 8.2 [list items and define payment] L.S. $XX,XXX.XX --- L.S./[X] ea 8.2.1 [list items and define payment] L.S./[X] ea Sub-total Item 8 9 STANDARD SPECIFICATION – Traffic Monitoring 9.1 General L.S. 9.2 Liaison with Client’s Other Consultants L.S 9.3 Reporting - Traffic Monitoring L.S 9.4 DATA COLLECTION 9.4.1 9.4.2 9.4.3 9.4.4 9.4.4.1 9.4.5 9.4.5.1 9.4.6 9.4.7 9.5 9.5.1 9.5.1.1 9.5.2 9.5.2.1 9.5.3 9.5.3.1 9.5.4 9.5.4.1 9.5.5 9.5.5.1 9.5.6 9.5.6.1 Single Loop Site Counts Dual Loop Site Length Classified Counts Tube Site Axle Classified Counts Speed Surveys Region 1 Special Surveys Region 1 WiM Site (Individual Vehicle) count 7 Day Vehicle by Vehicle Data [X] ea [X] ea [X] [X] [X] [X] [X] [X] [X] ea ea ea ea ea ea ea [X] [X] [X] [X] [X] [X] [X] [X] [X] [X] [X] [X] ea ea ea ea ea ea ea ea ea ea ea ea SITE INSTALLATION AND MAINTENANCE Replacement Cabinet Region 1 New Cabinet Installation Region 1 Removal of Loop Site Region 1 Single Loop Site Installation - 1 Lane Region 1 Single Loop Site Installation - 2 Lanes Region 1 Single Loop Site Installation - 3 Lanes Region 1 NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 --- $XX,XXX.XX NZ Transport Agency Item 9.5.7 9.5.7.1 9.5.8 9.5.8.1 9.5.9 9.5.9.1 9.5.10 9.5.10.1 9.5.11 9.5.11.1 9.5.12 9.5.12.1 9.5.13 9.6 Description Dual Loop Site Installation - 1 Lane Region 1 Dual Loop Site Installation - 2 Lanes Region 1 Dual Loop Site Installation - 3 Lanes Region 1 Dual Piezo Site Installation - 1 Lane Region 1 Dual Piezo Site Installation - 2 Lanes Region 1 Dual Piezo Site Installation - 3 Lanes Region 1 Routine Maintenance - Site Furniture Record Updating Page 57 of 125 Unit Rate Amount [X] ea [X] ea [X] ea [X] ea [X] ea [X] ea [X] ea [X] ea [X] ea [X] ea [X] ea [X] ea L.S WEIGH IN MOTION 9.6.1 9.6.2 9.6.3 9.6.4 9.6.5 9.6.6 9.6.7 9.6.8 9.6.9 9.7 4 Lane WiM Electronic Unit New 1.25m Bending Plate New 1.25m Bending Plate Frame New 1.75m Bending Plate New 1.75m Bending Plate Frame Refurbish 1.25m Bending Plate Refurbish 1.75m Bending Plate Install Refurbished 1.25m Bending Plate Install Refurbished 1.75m Bending Plate Extra Over for Level Two Traffic [X] [X] [X] [X] [X] [X] [X] [X] ea ea ea ea ea ea ea ea [X] ea [X] ea Management 9.8 Extra Over for Level Three Traffic [X] ea Management 9.9 Provide Spatial Coordinates for Control L.S. Boxes 9.10 Routine Maintenance 9.11 ANNUAL SITE INSPECTION AND L.S. CALIBRATION (Continuous Sites) 9.11.1 9.11.2 9.11.3 9.12 10 11 Annual Site Inspection, DVD and Visual Surveys Weigh in Motion Site Calibration Survey Annual Wheel Track Survey Contract Completion [X] ea [X] ea [X] ea L.S. Sub-total Item 9 $XX,XXX.XX Sub-total Item 10 $XX,XXX.XX Sub-total Item 11 $XX,XXX.XX GEOTECHNICAL TESTING (from Geotechnical Testing Schedule) [S.O.R.] [If P.S. chosen define payment] or [P.S.] ADDITIONAL SERVICES (from Additional Services Schedule) L.S. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 58 of 125 Item Description NZ Transport Agency Unit Rate Amount TOTAL ITEMS 1 to 11 12 PROVISIONAL SUMS 12.1 Random Verification Testing P.S. --- $X,XXX.XX 12.2 Access for Geotechnical Testing P.S. --- $X,XXX.XX 12.3 Geotechnical Resource Consents P.S. --- $X,XXX.XX 12.4 Historic Places Applications P.S. --- $X,XXX.XX 12.5 Consultation Plan <<Contract Management - Catchment unknown.>> P.S. --- $X,XXX.XX 12.6 Value Assurance Decision Making Reports <<I&R, D&PD, D&C: Specimen D&PD - if number of reports are not known.>> P.S. --- $X,XXX.XX 12.7 Cultural Impact Assessment P.S. --- $X,XXX.XX 12.8 Traffic Surveys P.S. --- $X,XXX.XX 12.9 Media Releases P.S. --- $X,XXX.XX 12.10 Bridge Data System Input Forms <<MSQA only>> P.S. --- $X,XXX.XX 12.11 Cabinet Repairs <<Traffic Monitoring only>> P.S. --- $X,XXX.XX 12.12 Removal of Cabinet <<Traffic Monitoring only>> P.S. --- $X,XXX.XX 12.13 Special Electronic Components <<Traffic Monitoring only>> P.S. --- $X,XXX.XX 12.14 Supply and Install Power and Phone for P.S. --- $X,XXX.XX $XX,XXX.XX New Site <<Traffic Monitoring only>> 12.15 Power and Telephone <<Traffic Monitoring only>> P.S. --- $X,XXX.XX 12.16 [Other] P.S. --- $X,XXX.XX Sub-total Item 12 $XX,XXX.XX TOTAL TENDERED SUM/TARGET PRICE (Items 1 to 12) (excluding GST) $XX,XXX.XX NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 59 of 125 Geotechnical Testing Schedule <<Guidance note: when either selecting a Provisional Sum for geotechnical testing (only used for minor block projects) or selecting items from the Testing Schedule below, consider whether geotechnical advice is required to enable a robust Provisional Sum or itemised Testing Schedule. Insert the first clause below for Provisional Sum>> The Geotechnical Testing Schedule will be reviewed and negotiated with the successful Tenderer. <<OR for setting rates within the schedule insert the following clause and schedule>> Tests required for this project have been nominally chosen and assigned an indicative quantity for which the Tenderer shall provide rates. Tenderers should note the Geotechnical requirements of the NZTA Standard Specification Investigation & Reporting. The total amount arrived at shall be transferred to the Contract Pricing Schedule. <<Guidance note: if you have selected Provisional Sum and you would like to include indicative items to aid negotiations, “Rate” and “Amount” columns, and the “Total” row, will be excluded.>> Item Description 10.1 Scala Penetrometer and Hand Auger Unit Qty 10.1.1 Scala Penetrometer ([4m] maximum) ea [X] 10.1.2 Hand Auger Excavation ([4m] ea [X] ea [X] L.S./ ea / [X] Rate Amount maximum) 10.1.3 Sample for laboratory testing 10.1.4 [list items and define payment] m / km 10.2 10.2.1 Pavement Test Pit Testpit Excavation (nominally [600mm] ea [X] deep) 10.2.2 Density (field NDM) ea [X] 10.2.3 Sample for Laboratory Testing ea [X] 10.2.4 Traffic Management (extra over 10.7.1) ea [X] 10.2.5 [list items and define payment] L.S./ ea / [X] m / km 10.3 Investigation Test Pit 10.3.1 Excavation (4m maximum) ea [X] 10.3.2 Density (field) NDM ea [X] 10.3.3 Sample for Laboratory Testing ea [X] 10.3.4 Traffic Management (extra over 10.7.1) L.S. --- 10.3.5 [list items and define payment] L.S./ ea / [X] m / km NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 60 of 125 NZ Transport Agency Item Description 10.4 Lab Testing Unit Qty 10.4.1 Water Content - Natural ea [X] 10.4.2 Atterberg Limits (inclusive of natural ea [X] Rate water content) 10.4.3 Grading by Wet Sieving ea [X] 10.4.4 Grading by Dry Sieving ea [X] 10.4.5 Grading (fine soils) ea [X] 10.4.6 Consolidation Test (oedometer) ea [X] 10.4.7 Triaxial (Unconsolidated Undrained (UU) ea [X] ea [X] ea [X] ea [X] ea [X] ea [X] ea [X] - 3 specimens) (38mm diameter) 10.4.8 Triaxial (Unconsolidated Undrained (UU) - single specimen) (38mm diameter) 10.4.9 Triaxial (Consolidated Undrained - 3 specimens) 10.4.10 CBR Test - Natural (Soaked or Unsoaked) 10.4.10a CBR Test - Optimum (Soaked or Unsoaked) 10.4.11 Extra over 10.4.10/a for Lime or cement modified (Optimum or Natural) 10.4.12 NZ Standard/Heavy Compaction Test Soils 10.4.13 NZ Vibrating Hammer Compaction Test ea [X] 10.4.14 Unconfined Compressive Strength (UCS) ea [X] ea [X] with modulus and Poisson ratio 10.4.15 Unconfined Compressive Strength (UCS) without modulus and Poisson ratio 10.4.16 Indirect Tensile Strength Test ea [X] 10.4.17 Abrasion Test ea [X] 10.4.18 Density of Rock Core (Bulk and Dry) ea [X] 10.4.19 [list items and define payment] L.S./ ea / [X] m / km 10.5 10.5.1 Miscellaneous Testing Static Cone Penetrometer (CPT) Rig L.S. --- ea [X] Establishment and Disestablishment 10.5.2 CPT set-up at Test Location NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 --- Amount NZ Transport Agency Item 10.5.3 Description Extra over 10.5.2 for Preparation and Page 61 of 125 Unit Qty ea [X] Rate Amount Saturation of Piezocone 10.5.4 CPT Test ([20m] max depth) m [X] 10.5.5 CPTu Test ([20m] max depth) m [X] 10.5.6 Dissipation Test (in CPTu) ea [X] 10.5.7 Extra over 10.5.6 for Dissipation Test minute [X] (in CPTu) 10.5.8 Standpipe (in CPT or CPTu) ea [X] 10.5.9 Standard Penetration Test ea [X] ea [X] ea [X] ea [X] km [X] km [X] (Borehole, Solid or Hollow Nose Raymond) 10.5.10 Down Hole Shear Vane ([20m] max depth) 10.5.11 Standpipe Piezometer (Borehole, up to [2] per hole) 10.5.12 Falling or Rising Head Permeability Test in Standpipe 10.5.13 Benkelman Beam Testing ([20m] spacing - both lanes) 10.5.14 Falling Weight Deflectometer ([20m] spacing - single lane) 10.5.15 Hand Shear Vane Test ea [X] 10.5.16 Traffic Management (extra over 10.7.1) ea [X] 10.5.17 [list items and define payment] L.S./ ea / [X] m / km 10.6 10.6.1 Borehole Drilling rig establishment and L.S. --- --- Disestablishment 10.6.2 Drilling rig set-up at borehole location ea [X] 10.6.3 Wash Drilling ([40m] max depth) m [X] 10.6.4 Core recovery - Soil ([40m] max depth) m [X] 10.6.5 Drilling in Rock (no core recovery) m [X] m [X] m [X] ([40m] max depth) 10.6.6 Extra over 10.6.5 for core recovery in rock at HQ size 10.6.7 Extra over 10.6.5 for core recovery in rock at PQ Size NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 62 of 125 Item 10.6.8 NZ Transport Agency Description Falling or Rising Head Permeability Test Unit Qty ea [X] ea [X] ea [X] L.S./ ea / [X] Rate in Borehole 10.6.9 Log and Photograph Core ([40m] max depth) 10.6.10 Traffic Management (extra over 10.7.1) 10.6.11 [list items and define payment] m / km 10.7 10.7.1 Miscellaneous and General (Client to Detail) Traffic Management Plan, Mobilisation L.S. --- L.S./ ea / [X] and Demobilisation 10.7.2 [list items and define payment] m / km 10.8 10.8.1 Miscellaneous (Tenderer to Detail as Applicable) [list items and define payment] L.S./ ea / [X] m / km 10.9 10.9.1 Assessment of Results and Report Part 1 : Geotechnical Investigations and L.S. --- L.S. --- Testing Results (Factual Report) 10.9.2 Part 2 : Geotechnical Assessment (Interpretative Report) TOTAL GEOTECHNICAL TESTING: (Transfer to the Contract Pricing Schedule) NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Amount NZ Transport Agency Page 63 of 125 Additional Services Schedule Tenderers shall complete the Additional Services Schedule and submit with their tender to provide unit rates for any variations to the Scope of Services that may be agreed with the Client. Additional services may be broken down into personnel, computing time and vehicle running for the project. Each item has been assigned an arbitrary number of hours or kilometres for which the Tenderer shall provide rates. These rates shall apply for any Additional Services or Provisional Sum items of work, irrespective of the number of hours estimated in the Schedule below. The total amount arrived at shall be transferred to the Contract Pricing Schedule. "Other Personnel" may be grouped into similar occupational groupings (eg. Overseers, Designers, Accounts Officers, etc.), and an average Hourly Rate for each grouping specified. <<Guidance note 1: for Quality/Brook’s Law or Target Price tenders, you have an option to choose a standard or rates-only Additional Services Schedule. If you choose a rates-only Additional Services Schedule there is risk that the rates submitted will lack tension. It is recommended you select Clause 3.9 Preletting Meeting, to enable you to negotiate contract terms and rates.>> <<Guidance note 2: if you choose a rates-only Additional Services Schedule, “Qty” and “Amount” columns, the “Total” row, as well as the yellow highlighted text in the clause above will be excluded.>> Item Description Unit Qty 11.1 Team Leader Hours [X] 11.2 Deputy Team Leader Hours [X] 11.3 Design Manager Hours [X] 11.4 Designer(s) Hours [X] 11.5 Consultation Personnel Hours [X] 11.6 Planning Personnel Hours [X] 11.7 Bridge/Culvert Designer(s) Hours [X] 11.8 Environmental Personnel Hours [X] 11.9 Geotechnical Engineer Hours [X] 11.10 Engineer to the Contract Hours [X] 11.11 Engineer’s Representative(s) Hours [X] 11.12 Estimator Hours [X] 11.13 Economic Analyst Hours [X] 11.14 Risk Management Specialist Hours [X] 11.15 Quality Manager Hours [X] Rate Amount NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 64 of 125 Item Description 11.16 NZ Transport Agency Unit Qty Sub Consultants Management Personnel Hours [X] 11.17 Field Staff Hours [X] 11.18 Electronics/Communications Engineer Hours [X] 11.19 Software Support Hours [X] 11.20 Data Analysis Hours [X] 11.21 Weight in Motion Engineer Hours [X] 11.22 [Other] Hours [X] 11.23 Administration Personnel Hours [X] 11.24 Vehicle Running km [X] Rate Amount Other Personnel (Tenderer to Nominate, Provide Rate Only): 11.25 [Other] Hours --- --- 11.26 [Other] Hours --- --- 11.27 [Other] Hours --- --- TOTAL ADDITIONAL SERVICES: (Transfer to the Contract Pricing Schedule) NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 65 of 125 Personnel Schedule <<Guidance note: Personnel Schedule must align with Tender Evaluation Form B “Relevant Skills”, and can also include other personnel that you may wish to have details for but will not be evaluating. If Relevant Skills has been excluded from your NPA selection (refer guidance note 3, under 3.2 Supplier Selection Method), the Personnel Schedule must still be included in the tender documents.>> Consultant’s Staff Team Leader Contact Phone Number (24 Hours) Deputy Team Leader Contact Phone Number (24 Hours) Key Personnel Design Manager Designer(s) Consultation Personnel (Incl. Maori Consultation) Planning Personnel Bridge/Culvert Designer(s) Environmental Personnel Geotechnical Engineer Engineer to the Contract Engineer’s Representative(s) Estimator Economic Analyst Risk Management Specialist Quality Manager Sub-consultant’s Management Personnel Field Staff Electronics/Communications NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 66 of 125 NZ Transport Agency Engineer Software Support Data Analysis Weight in Motion Engineer [Other] Other Personnel (At Consultant’s discretion) (including Sub-consultants) Other Consultants directly appointed by the Client for this Contract <<Guidance note: Other Consultants must align with “Inputs Provided by Client” (2. To the Consultant), otherwise do not select.>> The Client's Property Acquisition Agent [Name] [Company] [Other] [Name] [Company] NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 67 of 125 Payment Schedule 1 Method of Payment 1.1 Consultant’s Requests for Payment The Consultant shall submit their requests for payment to the Client on a monthly basis. The request will accompany the Consultant’s Monthly Report at the dates specified in Section D. When submitting contract payment requests and reimbursable expenses invoices, the Consultant will complete the Client supplied Contract Payment Voucher and any other forms as specified and supplied under Inputs to Tenderers for this contract. The Client will assess the request for payment in accordance with the terms of the contract, make any amendments necessary and arrange payment generally on the twentieth day of the month. Where work tasked is not complete at the contract termination date, or the due date for delivery, then the Project Manager, at his discretion, may: 1. Deduct the cost of completing the work from payments due to the Consultant; 2. Require completion of the work; or 3. Make payment for the work in the month following the month in which the work would normally have been invoiced. This will not preclude the Client from exercising other remedies for non-performance by the Consultant. The cost of the services of the Client’s Property Acquisition Agent, does not form part of this contract and will be paid direct by the Client. Tendered Lump Sums, Unit Rates and Hourly Rates are deemed to include the costs of complying with the requirements of the Building Act 2004, Resource Management Act 1991, Land Transport Management Act 2003, the Building Regulations and other relevant legislation, where applicable. 1.2 Lump Sum Items Lump Sum items are all-inclusive sums for the performance of a particular service. They will be paid as specified in this Payment Schedule. Payment methods include: • A single sum on completion of the service; • Specified proportions paid at specified times; • Prorated payments over a defined period; • A mixture of the above. The first payment for each item shall be payable following the later of the planned start date in the updated Consultant’s Programme or the actual start date. The pro rata amount shall be based on the updated planned completion date. Where a limit ratio is stated the total payments for the item shall not exceed the limit until the limit criteria are met. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 68 of 125 NZ Transport Agency Where payment is stated to be prorated, the Project Manager may reduce payment where work for that item is falling behind programme. <<Guidance note: The following Method of Payment clauses 1.3, 1.4, 1.5 and 1.6 are optional unless otherwise stated.>> 1.3 Unit Rate Items <<Guidance note: Exclude for Target Price.>> Unit Rates are generally all-inclusive rates for a recurring or multiple services. The quantity given in the Schedule, while a reasonable assessment of the contract’s likely requirement, is a guide for tendering purposes only. Payment will be made on the actual number of services requested by the Project Manager, over the course of the contract, and adequately completed. Where the actual differs from the scheduled quantity in the Contract Pricing Schedule, by a significant amount, the Project Manager may, at his/her discretion, consider a claim for a price variation. Supporting evidence to justify such a claim would be needed. Claims for price variations will not be considered for Unit Rate items included in the Additional Services Schedule or the Geotechnical Testing Schedule, when included. Payment for Unit Rate items in these Schedules, shall not be made unless the Client has given specific written authority for the work. 1.4 Hourly Rate Items <<Guidance note: Exclude for Target Price.>> Where an Hourly Rate is quoted, this shall be for all costs excluding Reimbursable Expenses as defined below. 1.5 Reimbursable Expenses <<Guidance note: Include if Hourly Rate Items above has been selected.>> Reimbursable expenses (or disbursements) are claimable at cost only (unless an oncost is allowed for in the Contract Pricing Schedule) in association with additional services and other non-scheduled works, where agreed, unless otherwise specifically stated in this Payment Schedule. They shall be sufficiently itemised on the Consultant’s claims to clearly identify justifiable reimbursement. The Consultant shall make available, if requested, adequate documentation to justify the reimbursement claims. Reimbursable expenses may include (unless specified otherwise): • Travel, accommodation and meals. • Fees paid by the Consultant on behalf of the Client to authorities having jurisdiction over the project. • Any legal or other professional charges which the Consultant may have legitimately incurred in connection with the project. • A charge for specialist technical use of computers, but excluding accounting, administration, and normal expected design use. • [Other]. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency 1.6 Page 69 of 125 Provisional Sums Provisional Sums will be provided for non-quantifiable services to be provided by the Consultant under this contract and will be listed under the “Provisional Sums” item of the Contract Pricing Schedule. Works requested by the Client under a Provisional Sum, will be priced, by the Consultant, on the basis of a Fixed Price Quote or Time Writing. Payment for any provisional sum shall not be made unless the Client has given specific written authority for each specific event associated with the item. 1.7 Cost Fluctuations <<Insert the following clause if cost fluctuations will not be paid (where contract period is less than or equal to 12 months>> 1. Cost fluctuations shall not be paid on this contract. <<OR insert the following clauses where the contract period is greater than 12 months>> 1. Cost fluctuations shall be applied from the commencement of the contract period. Cost Fluctuations are calculated on a quarterly basis in accordance with this section. Payment claims for cost fluctuation adjustments may be submitted each month. 2. Subject to the remainder of this Schedule, the amounts payable by the Client to the Consultant under the Contract shall be adjusted up or down by amounts calculated in accordance with the following “Consultant Cost Index” formula: C=V [0.8] (W-W') W' + [0.2] (P-P') P' Indices are available to download through the NZTA website through "Procurement manual tools”. Where: C= Cost fluctuation adjustment for the quarter under consideration (to four (4) decimal places). V= Valuation of work payable by the Client to the Consultant for work certified for payment as having been completed during the quarter under consideration, subject to Clause 3. W= Labour Index - published by Statistics New Zealand for the quarter under consideration (Index reference LCIQ.SG53Z9). P= Consumer Price Index (CPI) - Private Transport Sector - published by Statistics New Zealand for the quarter under consideration (Index reference CPIQ.SE907). W’ P’ = As defined for W and P respectively, but applying for the quarter during which tenders close. 3. For the purpose of calculating the Cost fluctuation adjustment in “V” , any Provisional Sums, Variations and other payment items which are based on actual cost, or current prices and any advances shall be excluded from the Client’s valuation. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 70 of 125 1.8 NZ Transport Agency 4. No other Cost fluctuation adjustment will be made by reason of any inaccuracy in the proportions of inputs specified. 5. The Consultant shall not be entitled to claim or have deducted any Cost fluctuation adjustment for any further changes in indices which occur after the Due Date for Completion of the Contract, or Contract termination date. 6. Where indices for the quarter have not yet been published, interim payments will be made on the basis of the indices for the most recent quarter for which indices are available. A correction to the interim monthly payment will be made following the publication of the applicable indices and will be processed with subsequent progress payments. 7. If at any time any of the indices referred to in Clause 2 are no longer available, or if the basis of any index is materially changed, the adjustment shall thereafter be calculated by using such other index, or in such other manner, as will fairly reflect the changes as previously measured by that index. New Zealand Taxes – Overseas Consultants New Zealand taxes will be added/deducted to/from payments to overseas consultants in accordance with New Zealand current law, in particular: 2 • Goods and Services Tax (GST); • Income Tax; • Non-Resident Contractors Withholding Tax (NRCWT). Contract Payment Schedule This payment schedule defines the pricing schedule items, which must be separately priced by the Consultant, and the terms of their payment. The numbering shown corresponds to the numbering on the Contract Pricing Schedule. <<OR insert the following clause for Target Price>> This is a Target Price Contract, where the Total Tendered Sum is [amount in words] ($XXX,XXX.XX). This payment schedule defines the pricing schedule items and the terms of their payment. The numbering shown corresponds to the numbering on the Contract Pricing Schedule. Item Description 1 SECTION D - Scope of Services 1.1 General The Lump Sum will cover all services referenced in the Scope of Services in Section D, additional to the referenced contract specifications (identified in the contract agreement), necessary for the satisfactory completion of the project with the exception of any following listed items. Payment will be prorated on a monthly basis for the duration of the contract. 1.2 Aerial Photography NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Item Page 71 of 125 Description The Lump Sum shall include all expenses relating to the arranging and purchase of the newly flown aerial photographs as specified, including annotation and mounting. Payment will be made on delivery of the photographs. 1.3 Open Days The Unit Rate shall include all expenses relating to the Open Day, as specified, including hall hire, tea, coffee, biscuits, displays, comment forms, the Consultant’s accommodation and travel expenses, etc. Payment of the Unit Rate will be made on delivery of the Open Day report. 1.4 News Letters The Unit Rate shall include all expenses relating to the design, production of the news letters. Payment of the Unit Rate will be made on delivery of the news letter. 2 STANDARD SPECIFICATION - Contract Management 2.1 General The Lump Sum will cover all services referenced in the NZTA Standard Specification Contract Management, necessary for the satisfactory completion of the project, with the exception of any following listed items. Payment will be prorated on a monthly basis for the duration of the contract. 2.2 Consultant’s Project Quality Plan The Lump Sum includes all expenses relating to the preparation, regular updating and implementation of the Consultant’s Project Quality Plan, as specified, subject to any amendments specified in the Scope of Services. Payment of [60%] of the Lump Sum will be made on Client acceptance of the initial Consultant’s Project Quality Plan. The remainder will be prorated on a monthly basis over the term of the contract and paid following Client acceptance of the monthly update with the Monthly Report. 2.3 Consultant’s Programme The Lump Sum includes all expenses relating to the preparation and development of the Consultant’s Programme, as specified, subject to any amendments specified in the Scope of Services. Payment of [60%] of the Lump Sum will be made on Client acceptance of the initial Consultant’s Programme. The remainder will be prorated on a monthly basis over the term of the contract and paid following Client acceptance of the monthly update with the Monthly Report. 2.4 Site Safety Plan The Lump Sum includes all expenses relating to the preparation, regular updating and implementation of the Site Safety Plan, as specified, subject to any amendments specified in the Scope of Services. Payment of [60%] of the Lump Sum will be made on Client acceptance of the initial Site Safety Plan. The remainder will be prorated on a monthly basis over the term of the contract and paid following Client acceptance of the monthly update with the Monthly Report. 2.5 Consultation Plan NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 72 of 125 Item NZ Transport Agency Description The Lump Sum includes all expenses relating to the preparation, regular updating and implementation of the Consultation Plan as specified, subject to any amendments specified in the Scope of Services. Payment of [60%] of the Lump Sum will be made on Client acceptance of the initial Consultation Plan. The remainder will be prorated on a monthly basis over the term of the contract and paid following Client acceptance of the monthly update with the Monthly Report. 2.6 Monthly Project Meetings The unit rate shall include all expenses relating to the preparation and attendance, during the Contract, of the Consultant’s Monthly Meetings. Payment of the Unit Rate will be made on completion of each meeting. 2.7 Workshops The unit rate shall include all expenses relating to the preparation and attendance, during the Contract, of the Workshops including accommodation and travel expenses (if necessary). The Consultant should arrange for workshops including venue, refreshments and presentation. Payment of the Unit Rate will be made on completion of each workshop. 2.8 Activity Risk File The Lump Sum includes all expenses relating to the preparation, regular updating and maintenance of the Activity Risk File in accordance with NZTA’s Minimum Standard Z/44 – Risk Management. Payment of [60%] of the Lump Sum will be prorated on a monthly basis over the term of the contract. The remainder will be paid on Client acceptance of the Final Contract Close Out Risk Report.” 2.9 Risk Reviews The unit rate shall include all expenses relating to the preparation and attendance, during the Contract, of the Risk Reviews, including the Contract Close Out Risk Review. Payment of the unit rate will be made on Client acceptance of the Risk Review minutes. 2.10 Reporting 2.10.1 I&R The Lump Sum includes all expenses relating to the preparation and delivery, during the I&R phase, of the Consultant's Monthly Reports, the Accrual Reports and, as necessary, any Public Relations Reports and Accident Reports. Payment of the Lump Sum will be prorated monthly over the programmed period of the I&R phase. 2.10.2 D&PD The Lump Sum includes all expenses relating to the preparation and delivery, during the D&PD phase, of the Consultant's Monthly Reports, the Accrual Reports and, as necessary, any Public Relations Reports and Accident Reports. Payment of the Lump Sum will be prorated monthly over the programmed period of the D&PD phase. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 73 of 125 Item Description 2.10.3 MSQA The Lump Sum includes all expenses relating to the preparation and delivery, during the MSQA phase, of the Consultant's Monthly Reports, including contractor performance evaluation forms when appropriate, the Accrual Reports and, as necessary, any Public Relations Reports and Accident Reports. Payment of the Lump Sum will be prorated monthly over the programmed period of the MSQA phase. 2.10.4 Final Construction Report The Lump Sum includes all expenses relating to the preparation and delivery of the Final Construction Report for the completed project, as specified. Payment of the Lump Sum will be made on Client acceptance of the report. 3 STANDARD SPECIFICATION - Investigation and Reporting 3.1 General The Lump Sum shall include all expenses relating to services referenced in Clause 1.0 of the NZTA Standard Specification Investigation & Reporting, necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be prorated on a monthly basis for the duration of the phase. 3.2 Scoping Report The Lump Sum shall include all expenses relating to the investigations for, preparation and delivery of the Scoping Report as specified in the NZTA Standard Specification Investigation & Reporting, subject to any amendments specified in the Scope of Services. The Lump Sum shall include all expenses relating to services required in reviewing the options identified in the PFR, consideration of improvements and alternatives and development of further ideas into options that are considered to better achieve the project objective. Payment of [80%] of the Lump Sum will be made on Client acceptance of the draft Scoping Report with the remainder being paid on receipt of the final Scoping Report. 3.3 Preliminary Geotechnical Appraisal Report The Lump Sum shall include all expenses relating to the investigations for, and preparation and delivery of, the Preliminary Geotechnical Appraisal Report. Payment will be made on acceptance of the report. 3.4 Consultation The Lump Sum shall include all expenses relating to consultation as specified including the deliverables specified in the Consultation Plan and include updating the Stakeholder Relationship Management System Consultation Project. Payment of the Lump Sum will be prorated on a monthly basis over the period from instruction to proceed up to delivery of the draft Scheme Assessment Report. 3.5 Liaison with Key Stakeholders The Lump Sum shall include all expenses relating to liaison with key stakeholders such as Territorial Local Authorities and Utility Services. Payment of the Lump Sum will be prorated monthly over the contract period. 3.6 Transport/Traffic Model NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 74 of 125 Item NZ Transport Agency Description The Lump Sum shall include all expenses relating to the preparation and delivery of the transport/Traffic model, development and validation reports. Payment of [80%] of the Lump Sum will be prorated on a monthly basis over the period from instruction to proceed up to the delivery of draft reports with the remainder being paid on Client acceptance of the final reports. 3.7 Value Assurance Decision Making Reports The Unit Rate shall include all expenses relating to the preparation of a report and attendance on the Client’s relevant value assurance decision making group, as specified in clause 19 of the NZTA Standard Specification Investigation & Reporting, subject to any amendments specified in the Scope of Services, including the Consultant’s accommodation and travel expenses, etc. Payment of the Unit Rate will be made on the relevant value assurance decision making group’s acceptance of the report. 3.8 Scheme Assessment Report The Lump Sum shall include all expenses, with the exception only of those specifically covered in other items, relating to the investigations for, preparation and delivery of, the Scheme Assessment Report as specified in the NZTA Standard Specification Investigation & Reporting, and any subsequent peer review and safety audit process requirements subject to any amendments specified in the Scope of Services. Payment of [80%] of the Lump Sum will be prorated on a monthly basis over the period from instruction to proceed up to delivery of the draft Report, with the remainder being paid on Client acceptance of the final Scheme Assessment Report. 3.9 Notice(s) of Requirement 3.9.1 Preparation of Notice The Lump Sum shall include all expenses, except lodgement fees, relating to the preparation and lodgement of the Notice of Requirement, including consultation and liaison with the consent authority staff and provision of adequate information to the satisfaction of the consent authority (before and after lodgement). The intent is that the Notice will be sufficient to satisfy the consent authority that consent should be granted on conditions satisfactory to the Client as a non-notified consent. Payment of the Lump Sum will be made on the acceptance of the lodged application by the consent authority. Council lodgement fees will be paid as a reimbursable expense. 3.9.2 Consent Authority Where a notified consent process eventuates, the tendered Lump Sum Hearings shall include all expenses relating to providing and presenting information and evidence to all meetings and hearings sufficient to satisfy the consent authority that any notified consent(s) should be granted on conditions satisfactory to the Client. Payment of the Lump Sum will be made on granting of the notified consent on conditions satisfactory to the Client. This item is payable only if and when a notified consent process is necessary. The Consultant’s presence and services relating to any subsequent appeal hearings will be paid as an Additional Service. 3.10 Property Strategies NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 75 of 125 Item Description 3.10.1 Options Evaluation Strategy The Lump Sum shall include all expenses relating to the preparation, delivery and updating of the schedule of the directly affected properties for the various alignment options for a project, in order for the Property Acquisition Agent to prepare an Option Evaluation Strategy - Property. The Lump Sum includes the initial meeting and instruction, management, review and updating of the Strategy in accordance with Clause 13.2.1 of the NZTA Standard Specification Investigation & Reporting. The input of the Client's Property Acquisition Agent will be managed and reported by the Consultant. Payment of the Lump Sum will be paid on Client acceptance of the Strategy. 3.10.2 Property Acquisition The Lump Sum shall include all expenses relating to the preparation, Strategy delivery and updating of a schedule of the directly affected property and the instruction, management, review and updating of the Property Acquisition Strategy including all information specified in accordance with Clause 13.2.2 of the NZTA Standard Specification Investigation & Reporting of this contract document. The input of the Client's Property Acquisition Agent will be managed and reported by the Consultant. Payment of [80%] of the Lump Sum will be paid on Client acceptance of the Strategy, with the remainder paid on delivery of the final Scheme Assessment Report. 3.11 Property Acquisition Requirements The Lump Sum shall include all expenses relating to updating of the Preliminary Land Requirement Plan and the Property Acquisition Requirements in accordance with Clause 13.2.4 of the NZTA Standard Specification Investigation & Reporting. Payment of the Lump Sum will be paid on Client acceptance of the briefing to the Client's Property Acquisition Agent and completion of necessary joint visits. 4 STANDARD SPECIFICATION - Design and Project Documentation or Design and Construct: Specimen D&PD 4.1 Design 4.1.1 General The Lump Sum shall include all expenses relating to services referenced in Clause 1.1 of the NZTA Standard Specification Design & Project Documentation or Design & Construct: Specimen D&PD, necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be prorated on a monthly basis for the duration of the phase. 4.1.2 Construction Drawings or Outline Drawings The Lump Sum shall include all expenses relating to services referenced in Clause 1.2 of the NZTA Standard Specification Design & Project Documentation or Design & Construct: Specimen D&PD, necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be made on Client acceptance of the final drawings. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 76 of 125 NZ Transport Agency Item Description 4.1.3 Consultation/Liaison The Lump Sum shall include all expenses relating to services referenced in Clause 1.3 of the NZTA Standard Specification Design & Project Documentation or Design & Construct: Specimen D&PD, and include updating the Stakeholder Relationship Management System Consultation Project necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be prorated on a monthly basis for the duration of the phase. 4.1.4 Design Philosophy Statement The Lump Sum shall include all expenses relating to services referenced in Clause 1.4 of the NZTA Standard Specification Design & Project Documentation or Design & Construct: Specimen D&PD, necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be made on Client acceptance of the Design Philosophy Statement. 4.1.5 Bridge Design The Lump Sum shall include all expenses relating to services Statement referenced in Clause 1.5 of the NZTA Standard Specification Design & Project Documentation or Design & Construct: Specimen D&PD, necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be made on Client acceptance of the Bridge Design Statement. 4.1.6 Bridge Data System The Lump Sum shall include all expenses relating to the production Input Forms and delivery of all Bridge Data System Input Forms in accordance with Clause 1.6 of the NZTA Standard Specification Design & Project Documentation including all necessary measure-up survey. Payment of the Lump Sum will be made on Client acceptance of the Bridge Data System Input Forms. or The Lum Sum shall include all expenses relating to the production and delivery of all Bridge Data System Input Forms in accordance with Clause 5.4 of the NZTA Standard Specification Design & Construct: Specimen D&PD including all necessary measure-up survey. Payment of the Lump Sum will be made on Client acceptance of the Bridge Data System Input Forms. 4.1.7 Final Design Report The Lump Sum shall include all expenses relating to services referenced in Clause 1.6 of the NZTA Standard Specification Design & Project Documentation, necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be made on Client acceptance of the Final Design Report. 4.2 Preliminary Geotechnical Appraisal Report NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Item Page 77 of 125 Description The Lump Sum shall include all expenses relating to the investigations for, and preparation and delivery of, the Preliminary Geotechnical Appraisal Report. Payment will be made on acceptance of the report. 4.3 Statutory Applications The Unit Rate shall include all expenses, relating to the services referenced in Clause 3.0 of the NZTA Standard Specification Design and Project Documentation or Design & Construct: Specimen D&PD, including consultation and liaison with statutory authority staff and provision of adequate information to the satisfaction of the statutory authority. For resource consent applications the intent is that applications will be sufficient to satisfy the authority that consent should be granted on conditions satisfactory to the Client as a non-notified consent. Payment of the Unit Rate will be made on acceptance of each application by the relevant authority. Council lodgement fees will be paid as a reimbursable expense. 4.4 Statutory Authority Hearings Where a notified consent process eventuates, the tendered Unit Rate shall include all expenses relating to providing and presenting information and evidence to all meetings and hearings sufficient to satisfy the consent authority that any notified consent(s) should be granted on conditions satisfactory to the Client. Payment of the Unit Rate will be made on granting of the notified consent on conditions satisfactory to the Client. This item is payable only if and when a notified consent process is necessary. The Consultant’s presence and services relating to any subsequent appeal hearings will be paid as an Additional Service. 4.5 Property Acquisition Management The Lump Sum shall include all expenses relating to the property purchase requirements in accordance with Clause 4.0 of the NZTA Standard Specification Design & Project Documentation or Design & Construct: Specimen D&PD of this contract document, including the maintenance of the Property Acquisition Strategy and the Preliminary Land Requirement Plan. Any Consultant inputs that the Client's Property Acquisition Agent requires directly for the property acquisition process, will be an additional service unless it is to clarify the existing proposal or should have been reasonably foreseen. Payment of the Lump Sum will be prorated on a monthly basis over the period of the Design Phase. 4.6 Value Assurance Decision Making Reports The Unit Rate shall include all expenses relating to the preparation of a report and attendance on the Client’s relevant value assurance decision making group, subject to any amendments specified in the Scope of Services, including the Consultant’s accommodation and travel expenses, etc. Payment of the Unit Rate will be made on the relevant value assurance decision making group’s acceptance of the report. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 78 of 125 NZ Transport Agency Item Description 4.7 Tender Documentation The Lump Sum will include all expenses relating to the preparation and delivery of the physical works tender documentation in accordance with Clause 5.0 of the NZTA Standard Specification Design & Project Documentation or Design & Construct: Specimen D&PD, including, but not limited to, the customising of the appropriate standard contract proforma (from NZTA's Construction Contract Proforma Manual (SM031)), and producing comprehensive specifications. Payment of the Lump Sum will be made on Client acceptance of the final physical works tender document including specifications. 5 STANDARD SPECIFICATION - Management, Surveillance and Quality Assurance 5.1 Tender Administration and Evaluation The Lump Sum will include all expenses relating to the tender administration and evaluation of the physical works contract(s), in accordance with Clause 2.1 to 2.3 of the NZTA Standard Specification Management, Surveillance & Quality Assurance. Payment of the Lump Sum will be made on Client acceptance of Tender Evaluation Report. 5.2 Management and Surveillance of the Physical Works 5.2.1 General The Lump Sum shall include all expenses relating to the contract management and surveillance of the physical works, in accordance with clauses 3.1 to 3.8 inclusive of the NZTA Standard Specification Management, Surveillance & Quality Assurance and any modifications in the Scope of Services, including, but not limited to, verification sampling and testing, surveillance, contract management and administration, programme management, quality management, traffic management and site safety monitoring, social and environmental management, consultation (including updating the Stakeholder Relationship Management System Consultation Project) liaison and risk management. Payment of [90%] of the Lump Sum will be prorated, on a monthly basis, over the period of the physical works contract. The remainder will be paid on issue of the Defects Liability Certificate and Client acceptance of the Final Construction Report. 5.2.2 Project Management The Lump Sum will include all expenses in relation to arranging and Board (PMB) organising bi-monthly PMB meetings or as when required, in accordance with Clause 5.3 Scope for Services. The Lump Sum will include the Consultant’s time throughout the duration of the construction period. Payment of the Lump Sum will be prorated, on a monthly basis, over the period of the physical works contract. <<Guidance note: The NZTA Project Manager to consider whether a PMB is required for the construction phase of the project and the frequency and duration of the PMB meetings so that the Consultant can allow for such meetings in their tender price>> NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 79 of 125 Item Description 5.2.3 As-built Drawings The Lump Sum shall include all expenses relating to the production and delivery of the as-built drawings in accordance with Clause 4.1 of the NZTA Standard Specification Management, Surveillance & Quality Assurance, including all necessary measure up survey. Payment of the Lump Sum will be made on Client acceptance of the as-built drawings. 5.2.4 Road Construction The Lump Sum shall include all expenses relating to the production Information Forms and delivery of the Road Construction Information Forms, in accordance with Clause 4.2 of the NZTA Standard Specification Management, Surveillance & Quality Assurance, including all necessary measure-up survey. Payment of the Lump Sum will be made on Client acceptance of the completed Road Construction Update Forms. Where these are not delivered in accordance with the Time Schedule for Deliverables the Client may request the Network Management Consultant to complete the Road Construction Update Forms. 5.2.5 Asset Owner’s Manual The Lump Sum shall include all expenses relating to the production and delivery of the Asset Owner's Manual, in accordance with Clause 4.4 of the NZTA Standard Specification Management, Surveillance & Quality Assurance. Payment of [50%] of the Lump Sum will be made on Client acceptance of the draft Asset Owner's Manual and remainder to be paid on acceptance of the Final Asset Owners Manual. 5.2.6 Final Construction The Lump Sum includes all expenses relating to the preparation and Report delivery of the Final Construction Report for the completed project, as specified. Payment of the Lump Sum will be made on Client acceptance of the report. 5.3 Property Requirements The Lump Sum shall include all expenses relating to the undertaking of the requirements of Clause 5.0 of the NZTA Standard Specification Management, Surveillance & Quality Assurance. The Lump Sum shall include all expenses relating to the preparation and delivery of the Final Land Requirement Plans, monitoring and liaising with the landowners over the undertaking of the works required for landowner agreements, and all other work as implied in Clause 5.0. Payment of [50%] will be made following issue of the Practical Completion Certificate, with the remainder to be paid on acceptance of deliverables under 5.0. 6 STANDARD SPECIFICATION – Network Management 6.1 General The Lump Sum shall include all expenses relating to services referenced in Clause 1.1 of the NZTA Standard Specification State Highway Network Management, necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be prorated on a monthly basis for the duration of the phase. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 80 of 125 NZ Transport Agency Item Description 6.2. <<as per scheduled <<as per scheduled item>> item>> 6.2.1 <<as per scheduled <<as per scheduled item>> item>> 7 STANDARD SPECIFICATION – Hybrid 7.1 General The Lump Sum shall include all expenses relating to services referenced in Clause 2.1 of the NZTA Standard Specification Hybrid Contract Management, necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be prorated on a monthly basis for the duration of the phase. 7.2. <<as per scheduled <<as per scheduled item>> item>> 7.2.1 <<as per scheduled <<as per scheduled item>> item>> 8 STANDARD SPECIFICATION – Bridges and Other Structures 8.1 General The Lump Sum shall include all expenses relating to services referenced in Clause 1.0 of the NZTA Standard Specification Management of State Highway Bridges & Other Structures, necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be prorated on a monthly basis for the duration of the phase. 8.2. <<as per scheduled <<as per scheduled item>> item>> 8.2.1 <<as per scheduled <<as per scheduled item>> item>> 9 STANDARD SPECIFICATION – Traffic Monitoring 9.1 General The Lump Sum shall include all expenses relating to services referenced in Clause 1.1 of the NZTA Standard Specification State Highway Traffic Monitoring, necessary for the satisfactory completion of the project, subject to any amendments specified in the Scope of Services. Payment of the Lump Sum will be prorated on a monthly basis for the duration of the phase. 9.2 Liaison with Client’s The Lump Sum includes all expenses relating to liaison and Other Consultants communicating with the Clients other consultants. The Lump Sum will be prorated on a monthly basis over the term of the contract. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 81 of 125 Item Description 9.3 Reporting - Traffic The Lump Sum includes all expenses relating to the preparation and Monitoring the development of reports, as specified. Payment of this item will be made on acceptance of each report, on a pro-rata basis, over the term of the contract. This item shall conform to Section 4 of the Standard Specification Contract Management. 9.4 9.4.1 DATA COLLECTION Single Loop Site Counts The Unit Rate shall include all expenses relating to the collection and delivery of quality assured vehicle count only data that meets all requirements of this contract. Payment shall be made at the unit rate for 7 days of compliant data and upon receipt of: 9.4.2 • Achieved quality record. • Consultants systematic data check documentation and graphs. • Exception reports if necessary. • Evidence of TMS acceptance. Dual Loop Site Length The Unit Rate shall include all expenses relating to the collection and Classified Counts delivery of quality assured vehicle count classified by length that meets all requirements of this contract and NZTA’s current vehicle classification scheme. Payment shall be made at the unit rate for 7 days of compliant data and upon receipt of: 9.4.3 • Achieved quality record. • Data accuracy in terms of the Client’s classification system. • Consultants systematic data check documentation and graphs. • Exception reports if necessary. • Evidence of TMS acceptance. Tube Site Axle The Unit Rate shall include all expenses relating to the collection and Classified Counts delivery of quality assured vehicle count data, classified by axle and meeting all requirements of this contract and NZTA’s current vehicle classification scheme. Payment shall be made at the unit rate for 7 days of compliant data and upon receipt of: • Achieved quality record. • Data accuracy in terms of the Client’s classification system. • Consultants systematic data check documentation and graphs. • Exception reports if necessary. • Evidence of TMS acceptance. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 82 of 125 NZ Transport Agency Item Description 9.4.4 Speed Surveys The Unit Rate shall include all expenses relating to the collection and delivery of quality assured vehicle count data, classified by speed and meeting all requirements of this contract and NZTA’s current speed classification scheme. Payment shall be made at the unit rate for 7 days of compliant data and upon receipt of: • 9.4.5 Special Surveys Achieved quality record. • Data accuracy in terms of the Client’s classification system. • Consultants systematic data check documentation and graphs. • Exception reports if necessary. • Evidence of TMS acceptance. The Unit Rate shall include all expenses relating to the collection and delivery of quality assured vehicle count data that meets all requirements of this contract and NZTA’s current vehicle classification scheme. Payment shall be made at the unit rate for 7 days of compliant data and upon receipt of: 9.4.6 • Achieved quality record. • Data accuracy in terms of the Client’s classification system, if required. • Consultants systematic data check documentation and graphs. • Exception reports if necessary. • Evidence of TMS acceptance. WiM Site (Individual Payment shall be made based on the number of complete site days of Vehicle) Count verified quality (and acceptable) data for all lanes at each site, which has been uploaded to TMS each month. This shall conform to sections *** and *** of the ***. 9.4.7 7 Day Vehicle By Vehicle Data Payment shall be made based on the number of completed 7 contiguous day survey reports requested by and provided to the client. This item also covers the collection and supply of hourly NZTA Speed data for this seven day period. This shall conform to sections *** and *** of the ***. 9.5 SITE INSTALLATION AND MAINTENANCE 9.5.1 Replacement Cabinet The Unit Rate covers all expenses relating to all activities required to replace an existing roadside cabinet. Payment will be made on receipt of evidence that a new cabinet had been requested and provided in accordance with all the requirements of this contract, to include site records updates. All work shall comply with NZTA’s Installation and Maintenance of Inductive Loops for Traffic Monitoring Specifications NZTA P28. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 83 of 125 Item Description 9.5.2 New Cabinet Payment of the Unit Rate will be made on receipt of evidence of the Installation successful installation of each item in accordance with all the requirements of this contract and have been commissioned successfully. Item includes the installation of cabinet, concrete base/timber posts. All work shall comply with NZTA’s Installation and Maintenance of Inductive Loops for Traffic Monitoring Specifications NZTA P28 9.5.3 Removal of Loop Sites Payment of the Unit Rate will be made on receipt of evidence that the removal of loops and associated furniture has been carried out, in accordance with all contract requirements. All work shall comply with NZTA’s Installation and Maintenance of Inductive Loops for Traffic Monitoring Specifications NZTA P28. Unit rate shall include all costs relating to Level One Traffic Management. 9.5.4 Single Loop Site Payment of the Unit Rate will be made upon receipt of evidence that Installation - 1 Lane the single loop in 1 lane has been installed at the location, as directed by the Client, in accordance with all the requirements of this Contract and have been commissioned successfully. All work shall comply with NZTA’s Installation and Maintenance of Inductive Loops for Traffic Monitoring Specifications NZTA P28. Unit rate shall include all costs relating to Level One Traffic Management. 9.5.5 Single Loop Site Payment of the Unit Rate will be made upon receipt of evidence that Installation - 2 Lanes the single loops in 2 lanes have been installed at locations, as directed by the Client, in accordance with all the requirements of this Contract and have been commissioned successfully. All work shall comply with NZTA’s Installation and Maintenance of Inductive Loops for Traffic Monitoring Specifications NZTA P28. Unit rate shall include all costs relating to Level One Traffic Management. 9.5.6 Single Loop Site Payment of the Unit Rate will be made upon receipt of evidence that Installation - 3 Lanes the single loops in 3 lanes have been installed at locations, as directed by the Client, in accordance with all the requirements of this Contract and have been commissioned successfully. All work shall comply with NZTA’s Installation and Maintenance of Inductive Loops for Traffic Monitoring Specifications NZTA P28. Unit rate shall include all costs relating to Level One Traffic Management. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 84 of 125 NZ Transport Agency Item Description 9.5.7 Dual Loop Site Installation - 1 Lane Payment of the Unit Rate will be made upon receipt of evidence that the dual loops in 1 lane has been installed at locations, as directed by the Client, in accordance with all the requirements of this Contract and have been commissioned successfully, to provide length classified count data. All work shall comply with NZTA’s Installation and Maintenance of Inductive Loops for Traffic Monitoring Specifications NZTA P28. Unit rate shall include all costs relating to Level One Traffic Management. 9.5.8 Dual Loop Site Payment of the Unit Rate will be made upon receipt of evidence that Installation - 2 Lanes the dual loops in 2 lanes have been installed at locations, as directed by the Client, in accordance with all the requirements of this Contract and have been commissioned successfully, to provide length classified count data. All work shall comply with NZTA’s Installation and Maintenance of Inductive Loops for Traffic Monitoring Specifications NZTA P28. Unit rate shall include all costs relating to Level One Traffic Management. 9.5.9 Dual Loop Site Payment of the Unit Rate will be made upon receipt of evidence that Installation - 3 Lanes the dual loops in 3 lanes have been installed at locations, as directed by the Client, in accordance with all the requirements of this Contract and have been commissioned successfully, to provide length classified count data. All work shall comply with NZTA’s Installation and Maintenance of Inductive Loops for Traffic Monitoring Specifications NZTA P28. Unit rate shall include all costs relating to Level One Traffic Management. 9.5.10 Dual Piezo Site Payment of the Unit Rate will be made upon receipt of evidence that Installation - 1 Lane the dual piezo sensors in 1 lane have been installed at locations, as directed by the Client, in accordance with all the requirements of this Contract and have been commissioned successfully, to provide axle classified count data. Unit rate shall include all costs relating to Level One Traffic Management. 9.5.11 Dual Piezo Site Payment of the Unit Rate will be made upon receipt of evidence that Installation - 2 Lanes the dual piezo sensors in 2 lanes have been installed at locations, as directed by the Client, in accordance with all the requirements of this Contract and have been commissioned successfully, to provide axle classified count data. Unit rate shall include all costs relating to Level One Traffic Management. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 85 of 125 Item Description 9.5.12 Dual Piezo Site Payment of the Unit Rate will be made upon receipt of evidence that Installation - 3 Lanes the dual piezo sensors in 3 lanes have been installed at locations, as directed by the Client, in accordance with all the requirements of this Contract and have been commissioned successfully, to provide axle classified count data. Unit rate shall include all costs relating to Level One Traffic Management. 9.5.13 Routine Maintenance The Lump Sum includes all expenses relating to all activities required Site Furniture Record to carry out routine maintenance as specified in Section 7 Routine Updating Maintenance of Count Sites, State Highway Traffic Monitoring Specification. Payment will be prorated on a monthly basis over the term of the contract. Payment will be made upon receipt of a report describing the condition of each loop site visited and any work carried out during the month claimed. All work shall comply with NZTA’s Installation and Maintenance of Inductive Loops for Traffic Monitoring Specifications NZTA P28. 9.6 WEIGH IN MOTION 9.6.1 4 Lane WiM Electronic Payment of the Unit Rate shall be made upon receipt of evidence of Unit the successful installation of each item in accordance with section *** of the ***. 9.6.2 New 1.25m Bending Payment of the Unit Rate shall be made upon receipt of evidence of Plate the successful installation of each item in accordance with section *** of the ***. Unit rate shall include all costs relating to Level One Traffic Management. 9.6.3 New 1.25m Bending Payment of the Unit Rate shall be made upon receipt of evidence of Plate Frame the successful installation of each item in accordance with section *** of the ***. Unit rate shall include all costs relating to Level One Traffic Management. 9.6.4 New 1.75m Bending Payment of the Unit Rate shall be made upon receipt of evidence of Plate the successful installation of each item in accordance with section *** of the ***. Unit rate shall include all costs relating to Level One Traffic Management. 9.6.5 New 1.75m Bending Payment of the Unit Rate shall be made upon receipt of evidence of Plate Frame the successful installation of each item in accordance with section *** of the ***. Unit rate shall include all costs relating to Level One Traffic Management. 9.6.6 Refurbish 1.25m Payment of the Unit Rate shall be made upon receipt of evidence of Bending Plate the refurbishment of each item in accordance with section *** of the ***. Unit rate shall include all costs relating to Level One Traffic Management. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 86 of 125 NZ Transport Agency Item Description 9.6.7 Refurbish 1.75m Payment of the Unit Rate shall be made upon receipt of evidence of Bending Plate the refurbishment of each item in accordance with section *** of the ***. Unit rate shall include all costs relating to Level One Traffic Management. 9.6.8 Install Refurbished Payment of the Unit Rate shall be made upon receipt of evidence of 1.25m Bending Plate the successful installation of each item in accordance with section *** of the ***. Unit rate shall include all costs relating to Level One Traffic Management. 9.6.9 Install Refurbished Payment of the Unit Rate shall be made upon receipt of evidence of 1.75m Bending Plate the successful installation of each item in accordance with section *** of the ***. Unit rate shall include all costs relating to Level One Traffic Management. 9.7 Extra Over for Level Two Traffic Management Payment of the Unit Rate will be made upon receipt of evidence that work has been carried out in accordance with all contract requirements and to any further agreed requirements from the Client. Payment shall be made in accordance with the Additional Services Schedule or agreed price. This rate shall include costs extra over items ***, *** and *** related to Level Two Traffic Management. 9.8 Extra Over for Level three Traffic Management Payment of the Unit Rate will be made upon receipt of evidence that work has been carried out in accordance with all contract requirements and to any further agreed requirements from the Client. Payment shall be made in accordance with the Additional Services Schedule or agreed price. This rate shall include costs extra over items ***, *** and *** related to Level Three Traffic Management. 9.9 Provide Spatial Coordinates for Control Boxes The Lump Sum includes all expenses relating to the provision of spatial coordinates for the control boxes to the specification required. Payment shall be made on receipt of spatial coordinates. 9.10 Routine Maintenance Monthly payment shall be made of the nominated Lump Sum on a pro-rata basis. Management of this item shall conform to all requirements of Section 7 of the Traffic Monitoring Specification. 9.11 ANNUAL SITE INSPECTION AND CALIBRATION (Continuous Sites) 9.11.1 Annual Site Inspection, Payment of the Unit Rate shall be made upon completion of annual DVD and Visual Surveys site inspections, and receipt of all DVD’s, documentation and reports as defined in Section 6.4 of the Traffic Monitoring Specification, The Consultant’s price shall include any traffic control necessary to achieve this. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 87 of 125 Item Description 9.11.2 Weigh in Motion Site Payment of the Unit Rate shall be made upon completion of annual Calibration Survey calibration tests, and receipt of all documentation and reports as defined in Section *** of the ***. The Consultant’s price shall include any traffic control necessary to achieve this. 9.11.3 Annual Wheel Track The use of this item is not guaranteed. Inclusion will be at the project Survey manager’s discretion. Payment of the Unit Rate shall be made upon completion of wheel track survey’s, and receipt of all documentation and reports as defined in Section *** of the ***. The Consultant’s price shall include any traffic control necessary to achieve this. Unit rate shall include all costs relating to Level One Traffic Management. 9.12 Contract Completion Payment will be made upon contract completion with the Lump Sum amount being prorated in the ratio of passed sites to total sites, following the Client’s inspection and in accordance with all contract requirements. 10 GEOTECHNICAL TESTING P.S. The type of testing and method of payment shall be negotiated during the contract period. <<OR if you have chosen some scheduled items>> When the final geotechnical testing schedule has been agreed, the following basis of payment clauses relating to those items within the agreed schedule, will apply. S.O.R. Payment for testing shall be on a Schedule of Rates (SOR) basis. Payment shall be made on the basis of the testing results presented in the Geotechnical Assessment Report Part 1 (Factual Report). Unless otherwise stated, all material descriptions shall be in accordance with the current NZ Geotechnical Society Inc. (NZGS) Field Description of Soil and Rock. Sampling shall be undertaken in accordance with NZS 4407:1991. Tests shall be in accordance with NZS 4402:1986 or NZS 4407:1991 as appropriate. Where a different test method has been adopted, this shall be clearly stated. Where the Tenderer has entered a zero rate on the Schedule for any included item or part thereof, payment for any work instructed under this item is deemed to be included elsewhere in the Pricing Schedule and no additional payment shall be made until the extent of testing specified in the full Geotechnical Testing Schedule has been exceeded. All traffic management requirements shall be in accordance with the Code of Practice for Temporary Traffic Management. Within the schedule the following terms are defined: NZGS means The New Zealand Geotechnical Society Inc. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 88 of 125 Item NZ Transport Agency Description Logged means the assessment and identification of materials within test pits and boreholes by an appropriately qualified engineer or engineering geologist adopting the material descriptions in accordance with the NZGS Field Description of Soil and Rock and BS5930: 1999 Code of Practice for Site Investigations, British Standards Institution, for aspects not covered by the NZGS. Photograph(ed) means the provision of photographs clearly showing details of the ground conditions within pavement test pits and investigation test pits. Exposure shall be such that the materials can be clearly seen and photographs shall include a legible reference board identifying the test location and date together with a legible scale or tape measure within the test pit. One colour print shall be provided for each test pit. For cored boreholes, photographs shall include a legible reference board incorporating the project title, borehole number, date and depth, together with a graduated scale and standard colour chart. Rates shall include for all necessary equipment and lighting to provide clear legible photographs and the provision of a standard colour chart with the factual report. Reported means the provision of a factual report standard log checked and approved for issue and shall include for all costs associated with compiling and presenting logs. Test pit and borehole logs shall include those items detailed in BS5930:1999 for borehole logs. Test results shall be reported as required by the appropriate NZS or BS standard and rates shall include for all costs associated with compiling and presenting results. Standpipe Piezometer means a tube or pipe with a perforated end section surrounded by or wrapped with a filter. The perforated section shall be located within a sand pocket sealed and grouted within a borehole. Stored for testing means that samples are protected from frost, excessive temperature variation and moisture migration. This will require samples to be appropriately sealed within sample containers and kept within the temperature range of 2ºC and 45ºC with daily temperature variation limited to a maximum of 20ºC. Field works for the purposes of monitoring installed standpipes and standpipe piezometers, shall refer to the period between installation and the disestablishment from the site at the end of all exploratory hole works, namely pavement test pits, investigation test pits, boreholes, CPT test and auger/scala test holes. Wash drilling means “open-hole” drilling meeting the general requirements of BS4019: 1999 Rotary core drilling equipment where no core recovery is required. The wash drill hole shall be of sufficient diameter to permit rotary core drilling at depth should this be required, and/or the installation of standpipe piezometers. Core drilling shall mean rotary drilling meeting the general requirements of BS4019: 1999 Rotary core drilling equipment and providing good quality core of not less than 50mm diameter core size. 10.1 Scala Penetrometer, and Hand Auger 10.1.1 Scala Penetrometer (4m Payment shall be Unit Rate for any Scala Penetrometer up to 4m depth maximum) performed and reported in accordance with NZS4402: 1986 Methods of Testing Soils for Civil Engineering Purposes Test 6.5.2. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 89 of 125 Item Description 10.1.2 Hand Auger Excavation Payment shall be Unit Rate for any Hand Auger excavation up to 4m (4m maximum) depth performed, logged and reported, including backfilling with excavated material. 10.1.3 Sample for laboratory Payment shall be Unit Rate for any field sample taken, stored for testing testing and reported as part of 10.1.2. Sample size shall be in accordance with NZS44021986 or NZS440 1991 and sufficient material of similar properties for tests listed below. 10.2 10.2.1 Pavement Test Pit Testpit Excavation Payment shall be Unit Rate for any Pavement Test Pit to the base of (nominally 600mm pavement materials and 100mm minimum into underlying subgrade deep) (nominal total depth 600mm) performed, logged, photographed, and reported. The rate shall include for all establishment and disestablishment costs of plant and equipment, immediate replacement and re-compaction of materials and reinstatement of pavement to the satisfaction of the Client. Materials and methodology shall be such that the reinstatement shall be of a standard of no less than that existing prior to excavation of the test pit. 10.2.2 Density (field NDM) Payment shall be Unit Rate for any field NDM density (NZS 4407:1991 Test 4.2.1 or 4.2.2) performed and reported as part of 10.2.1. 10.2.3 Sample for Laboratory Payment shall be Unit Rate for any field sample taken, stored for Testing testing and reported as part of 10.2.1. Sample size shall be in accordance with NZS4402 1986 or NZS4407:1994 sufficient material of similar properties for tests listed in this schedule. 10.2.4 Traffic Management Payment shall be for all traffic management requirements in (extra over item 10.7.1) accordance with the Code of Practice for Temporary Traffic Management for each Pavement Test Pit. This payment shall be made extra over item 10.7.1. 10.3 Investigation Test Pit 10.3.1 Excavation (4m Payment shall be Unit Rate for any Investigation Test Pit (machine maximum) excavator) of depth up to 4m performed, logged, photographed, and reported. The rate shall include for all establishment and disestablishment costs of plant and equipment, and backfilling with excavated materials. 10.3.2 Density (Field) NDM Payment shall be Unit Rate for any field NDM density (NZS 4407:1991 Test 4.2.1 or 4.2.2) performed and reported as part of 10.3.1. 10.3.3 10.3.4 Sample for Laboratory Payment shall be Unit Rate for any field sample taken, stored for Testing testing and reported as part of 10.3.1. Traffic Management Payment shall be for all traffic management requirements in (extra over item 10.7.1) accordance with the Code of Practice for Temporary Traffic Management for each Investigation Test Pit. This payment shall be made extra over item 10.7.1. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 90 of 125 NZ Transport Agency Item Description 10.4 Lab Testing 10.4.1 Water Content - Natural Payment shall be Unit Rate for any Water Content test performed and reported in accordance with NZS 4402:1986 Test 2.1. 10.4.2 10.4.3 Atterberg Limits Payment shall be Unit Rate for any Atterburg Limits test and natural (inclusive of natural moisture content test performed and reported in accordance with NZS moisture content) 4402:1986 Test 2.1, 2.2, 2.3 and 2.4. Grading by Wet Sieving Payment shall be Unit Rate for any Particle Size Distribution performed and reported in accordance with NZS4402:1986 Test 2.8.1. 10.4.4 Grading by Dry Sieving Payment shall be Unit Rate for any Particle Size Distribution performed and reported in accordance with NZS4402:1986 Test 2.8.2. 10.4.5 Grading (Fine Soils) Payment shall be Unit Rate for any Particle Size Distribution for fine soils performed and reported in accordance with NZS 4402:1986 Test 2.8.3 or 2.8.4. 10.4.6 10.4.7 Consolidation Test Payment shall be Unit Rate for any Consolidation test performed and (oedometer) reported in accordance with NZS 4402:1986 Test 7.1. Triaxial Payment shall be Unit Rate for any Triaxial test (unconsolidated (Unconsolidated undrained, three specimens) performed and reported in accordance Undrained (UU) - 3 with NZS 4402: 1986 Test 6.2.1. specimens) (38mm diameter) 10.4.8 Triaxial Payment shall be Unit Rate for any Triaxial test (unconsolidated (Unconsolidated undrained, single specimen) performed and reported in accordance Undrained (UU) - single with NZS 4402: 1986 Test 6.2.1. specimen) (38mm diameter) 10.4.9 10.4.10 Triaxial (Consolidated Payment shall be Unit Rate for any Triaxial test (consolidated Undrained - 3 undrained, three specimens) performed and reported in accordance specimens) with NZS 4402:1986 Test 6.2.1. CBR Test - Natural Payment shall be Unit Rate for any laboratory CBR test performed and (Soaked or Unsoaked) reported in accordance with NZS 4402:1986 Test 6.1.2. A test sample may be at natural or reconstituted at field density, visually assessed optimum or such other water content as deemed appropriate and reported. Rate shall include for either soaked or unsoaked conditioning. 10.4.10a CBR Test – Optimum Payment shall be Unit Rate for any laboratory CBR test performed and (Soaked or Unsoaked reported in accordance with NZS 4402:1986 Test 6.1.1 or NZS 4407:1994 Test 3.15. Determination of optimum shall be made under separate clause 10.4.11 or10.4.12 below. Rate shall include for either soaked or unsoaked conditioning. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 91 of 125 Item Description 10.4.11 Extra over 10.4.10 for Payment shall be additional to (extra over) 10.4.10 for any materials Lime or Cement used for a modified CBR test (lime, cement, other) performed under Modified (Optimum or 10.4.10. Natural) 10.4.12 NZ Standard/Heavy Payment shall be Unit Rate for any NZ Standard or Heavy Compaction Compaction Test test performed and reported in accordance with NZS 4402:1986 Test 4.1.1 or 4.1.2. 10.4.12a NZ Vibrating Hammer Payment shall be made at a unit rate for each test sequence using the Compaction Test vibrating hammer performed and reported in accordance with NZS 4402: 1986 Test 4.1.3. 10.4.13 Unconfined Payment shall be Unit Rate for each UCS test with modulus and Compressive Strength poisson ratio measurements performed and reported in accordance (UCS) with modulus with ISRM Commission of Standardization of Laboratory and Field and Poisson ratio Tests. Suggested Methods of Determining the Uniaxial Compressive strength and Deformability of Rock Materials. Results reported shall include wet and dry density. 10.4.14 Unconfined Payment shall be Unit Rate for each UCS test without modulus and Compressive Strength poisson ratio measurements performed and reported in accordance (UCS) without modulus with ISRM Commission of Standardization of Laboratory and Field and Poisson ratio Tests. Suggested Methods of Determining the Uniaxial Compressive strength and Deformability of Rock Materials. Results reported shall include wet and dry density. 10.4.15 Indirect Tensile Payment shall be Unit Rate for each Indirect Tensile Strength Test by Strength Test Brazilian Disc method performed and reported in accordance with ISRM Commission on Standardization of Laboratory and Field Tests. Suggested Methods for Determining the Tensile Strength of Rock Materials. 10.4.16 Abrasion Test Payment shall be Unit Rate for each Abrasiveness Test by Los Angeles Abrasion method carried out in accordance with ISRM Commission on Standardization of Laboratory and Field Tests. Suggested Methods for Determining Hardness and Abrasiveness of Rocks. 10.4.17 Density of Rock Core Payment shall be Unit Rate for each density test carried out in (Bulk and Dry) accordance with ISRM Commission on Standardization of Laboratory and Field Tests. Suggested Methods for Determining Water Content, Porosity, Density, Absorption and Related Properties and Swelling and Slake-Durability Index Properties. 10.5 Miscellaneous Testing 10.5.1 Static Cone Payment shall be Lump Sum for the establishment and Penetrometer (CPT) Rig disestablishment of a 20 tonne Static Cone Penetration Test (CPT) rig Establishment and and associated plant and equipment on the site. Disestablishment NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 92 of 125 NZ Transport Agency Item Description 10.5.2 CPT set-up at Test Payment shall be Unit Rate for setting up at the location of each test Location location. Extra over 10.5.2 for Payment shall be additional to (extra over) 10.5.2 for Preparation and Preparation and Saturation of Piezocone. 10.5.3 Saturation of Piezocone 10.5.4 CPT Test (20m Max Depth) Payment shall be Unit Rate for the total length of CPT testing undertaken and reported in accordance with NZS 4402:1986 Test 6.5.3 (20m maximum depth). CPT logs shall include the provision of electronic and hard copies of data. 10.5.5 CPTu Test (20m Max Payment shall be Unit Rate for the total length of CPT testing carried Depth) out with the inclusion of piezometric measurements made during testing at the cone (CPTu) undertaken and reported in accordance with NZS 4402:1986 Test 6.5.3 (20m maximum depth). CPTu logs shall include the provision of electronic and hard copies of data. 10.5.6 Dissipation Test (in Payment shall be Unit Rate for each Dissipation Test undertaken in a CPTu) CPTu. Dissipation tests shall include the provision of electronic and hard copies of data. 10.5.7 Extra over 10.5.6 for Payment shall be additional to (extra over) 10.5.6 for Dissipation Test Dissipation Test (in (in CPTu). CPTu) 10.5.8 Standpipe (in CPT or Payment shall be Unit Rate for each Simple Standpipe placed (but not CPTu) grouted) in a completed CPT probe hole, and shall include protective lockable cover appropriately concreted in place. 10.5.9 10.5.10 Standard Penetration Payment shall be Unit Rate for each Standard Penetration Test (SPT) Test undertaken in accordance with NZS 4402:1986 Test 6.5.1 and (Borehole, Solid or reported in association with boreholes. This shall include the sample Hollow Nose Raymond) from the Hollow Nose test. Down Hole Shear Vane Payment shall be Unit Rate for each down hole Vane Shear Strength (20m max Depth) Test undertaken in accordance with BS1377-9: 1990 Amendment No 1, Methods of test for soils for civil engineering purposes Test Method 4.4, and ‘Guideline for Hand Held Shear Vane Test’ published by the NZGS, and reported in association with boreholes (tests to 20m maximum depth). 10.5.11 Standpipe Piezometer Payment shall be Unit Rate for each standpipe piezometer placed with (Borehole, up to [2] per a 2m maximum sand pocket, sealed and grouted and reported in Hole) association with boreholes, including protective lockable cover appropriately concreted in place and daily monitoring after installation for the duration of the field works. 10.5.12 Falling or Rising Head Payment shall be Unit Rate for each Falling or Rising Head Permeability Test in Permeability Test undertaken and reported in accordance with BS Standpipe 5930:1999 in a standpipe. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 93 of 125 Item Description 10.5.13 Benkleman Beam Payment shall be on a single lane kilometre rate for Benkleman Beam Testing testing (with tests at nominal 20m spacing) performed and reported. ([20m] Spacing - Both lanes) 10.5.14 Falling Weight Payment shall be on a single lane kilometre rate for Falling Weight Deflectometer Deflectometer (FWD) testing (with tests at nominal 20m spacing) ([20m] Spacing - Single performed and reported to permit assessment using Austroads Lane) generalised mechanistic procedure and the New Zealand Supplement (July 1997). Rate shall include for the provision of electronic and hard copy data. 10.5.15 Hand Shear Vane Test Payment shall be Unit Rate for any hand shear vane test (peak and residual) performed in accordance with the ‘Guideline for Hand Held Shear Vane Test’ published by the NZGS, and reported, including any correction factor, as part of 10.1.2. 10.5.16 Traffic Management Payment shall be for all traffic management requirements in (extra over item 10.7.1) accordance with the Code of Practice for Temporary Traffic Management for each Miscellaneous Test. This payment shall be made extra over item 10.7.1. 10.6 Borehole 10.6.1 Drilling Rig Payment shall be Lump Sum for the establishment and Establishment and disestablishment of a machine drilling rig and associated plant and Disestablishment equipment on the project site. Drilling Rig Set-up at Payment shall be Unit Rate for setting up at the location of each Borehole Location borehole within the site. Wash Drilling ([40m] Payment shall be Unit Rate (per metre) for the total length of wash Max Depth) drilling undertaken, logged and reported, including backfilling with 10.6.2 10.6.3 arisings (maximum depth 40m). 10.6.4 Core Recovery - Soil ([40m] Max Depth) Payment shall be Unit Rate (per metre) for the total length of core drilling undertaken achieving a minimum core recovery of [80%] of the drilled length (maximum depth 40m). 10.6.5 10.6.6 Drilling in rock (no core Payment shall be Unit Rate (per metre) for the total length of drilling recovery) ([40m] Max undertaken, including backfilling with arisings (maximum 40m depth). Depth) Hole diameter shall be adequate for subsequent. Extra Over 10.6.5 for Payment shall be Unit Rate (per metre) paid additional to (extra over) core recovery in rock at 10.6.5, for drilling/coring in rock undertaken achieving a minimum HQ size core recovery of [80%] of the drilled length at HQ size (Unconfined strength greater than 5 Mpa, or dense gravels SPT N > 50 for 150mm total penetration) (maximum depth 40m). NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 94 of 125 NZ Transport Agency Item Description 10.6.7 Extra Over 10.6.5 for Payment shall be Unit Rate (per metre) paid additional to (extra over) core recovery at PQ 10.6.5 , for drilling/coring in rock undertaken achieving a minimum Size core recovery of [80%] of the drilled length at PQ size (Unconfined strength greater than 5 Mpa, or dense gravels SPT N > 50 for 150mm total penetration) (maximum depth 40m). 10.6.8 10.6.9 10.6.10 Falling or Rising Head Payment shall be Unit Rate for each Falling or Rising Head Permeability Test in Permeability Test undertaken and reported in accordance with BS Borehole 5930:1999 in a borehole. Log and Photograph Payment shall be Unit Rate for logging, photographing and reporting Core ([40m] Max each cored hole drilled (maximum depth 40m). Rate shall include for Depth) the provision of electronic and hard copy data. Traffic Management Payment shall be for all traffic management requirements in (extra over item 10.7.1) accordance with the Code of Practice for Temporary Traffic Management for each Borehole. This payment shall be made extra over item 10.7.1. 10.7 Miscellaneous and General (Client to Detail) 10.7.1 Traffic Management Payment shall be Lump Sum for the production of a Traffic Plan, Mobilisation and Management Plan and the mobilisation and demobilisation of traffic Demobilisation management systems, in accordance with the Code of Practice for Temporary Traffic Management. 10.8 Miscellaneous (Tenderer to Detail as Applicable) Tenderers shall provide detail and the basis of payment for any tests not provided for elsewhere in the Schedule, or for testing and drilling to depths greater than those covered by the Schedule. 10.9 Assessment of Results and Report The Geotechnical Assessment Report shall comprise two separate parts: 10.9.1 Part 1 : Geotechnical The factual report shall contain a brief description of the works Investigations and carried out, including reference to the standards adopted for works Testing Results (Factual and testing, exploratory hole logs, in-situ test records, laboratory test Report) results, site location plan and plan identifying location of exploratory hole undertaken. The Lump Sum shall include for the locating of each exploratory hole in terms of NZ grid and longitude/latitude co-ordinates to accuracy of 1m and reduced level of the ground at the exploratory hole location and the reduced level of any standpipe or piezometer protective cover to within 0.05m. Payment of the Lump Sum will be made on acceptance of the factual report for the geotechnical investigations. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 95 of 125 Item Description 10.9.2 Part 2 : Geotechnical The Interpretative Report shall include the interpretation and Assessment assessment of results, written appraisal of ground and water (Interpretative Report) conditions, analyses, presentation of design parameters and earthworks and structure foundation recommendations for the project. Payment of the Lump Sum will be made on acceptance of the Interpretative Report for the project. 11 ADDITIONAL SERVICES Any payment for agreed services undertaken by the Consultant deemed to be a variation shall be paid by the methods detailed below, at the Client’s discretion. The Client’s agreement must be obtained in advance for any Consultant initiated Additional Service. Method 1: Time Writing The Consultant shall record all costs against each task in terms of the rates priced in the Additional Services Schedule and, where applicable, shall provide the Client with an itemised assessment of the expected totals and final cost. The Client may set a ceiling for expenditure. The Consultant shall allow for the complete disclosure of all items which comprise a priced task if so requested by the Client. Payment will be made monthly on the basis of agreed work completed. Method 2: Fixed Price Quote Where requested the Consultant shall provide a fixed price quote based on the rates priced in the Additional Services Schedule. Payment will be made as a Lump Sum on completion of the additional service. Where the Tenderer has entered a zero rate for any item, or part thereof, payment for any work instructed under this item is deemed to be included elsewhere in the schedule rates and no additional payment shall be made until the hours or kms specified against the item have been exceeded. Method 3: [Other] [insert method] 12 PROVISIONAL SUMS Any services requested by the Client under Provisional Items shall be paid by the methods detailed in Clause 11 above, at the Client’s discretion, and in accordance with the following clauses. 12.1 Random Verification Testing The Consultant shall conduct tests as detailed in the agreed Random Verification Testing Schedule in addition to that already being carried out by the Contractor. Payment will be made on a monthly basis upon receipt of the tests results and/or report where payment is due in terms of Clause 6.4.2 of NZS 3910:2003. 12.2 Access for Geotechnical Testing Payment will be made on the basis of a fixed price quote, for the provision of access for the purposes of borehole and penetrometer testing. 12.3 Geotechnical Resource Consents NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 96 of 125 Item NZ Transport Agency Description The Consultant shall prepare and lodge appropriate applications for any Consents required to complete the approved geotechnical testing schedule. Payment will be made on acceptance of the application by the Consent Authority. 12.4 Historic Places Applications The Consultant shall prepare and lodge applications with the NZ Historic Places Trust as and when required. Payment will be made on approval of the application by the Trust. 12.5 Consultation Plan <<Contract Management - Catchment Unknown>> The Provisional Sum includes all expenses relating to the preparation, regular updating, and implementation on the Consultation Plan as specified, subject to any amendments specified in the Scope of Services. Payment of [60%] of the Lump Sum will be made on Client acceptance of the initial Consultation Plan. The remainder will be prorated on a monthly basis over the term of the contract and paid following Client acceptance of the monthly update with the Monthly Report. 12.6 Value Assurance Decision Making Reports <<for I&R only>> The Unit Rate shall include all expenses relating to the preparation of a report and attendance on the Client’s relevant value assurance decision making group, as specified in Clause 19 of the NZTA Standard Specification Investigation & Reporting, subject to any amendments specified in the Scope of Services, including the Consultant’s accommodation and travel expenses, etc. Payment of the Unit Rate will be made on the relevant value assurance decision making group’s acceptance of the report. <<for D&PD and D&C: Specimen D&PD only>> The Unit Rate shall include all expenses relating to the preparation of a report and attendance on the Client’s relevant value assurance decision making group, subject to any amendments specified in the Scope of Services, including the Consultant’s accommodation and travel expenses, etc. Payment of the Unit Rate will be made on the relevant value assurance decision making group’s acceptance of the report. 12.7 Cultural Impact Assessment Payment will be made for a cultural impact assessment undertaken in accordance with a Client agreed scope of work and price. 12.8 Traffic Surveys Payment will be made on receipt of data for traffic site surveys undertaken where the Client requires confirmation of existing traffic and intersection volumes, including composition and delays. 12.9 Media Releases Payment will include all expenses relating to the preparation and delivery to the Client of media releases and any subsequent editing or amendment of such documents and updating of media releases following Client review, subject to requirements as specified in the Scope of Services NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 97 of 125 Item Description 12.10 Bridge Data System Input Forms<<for MSQA only>> The Consultant shall include all expenses relating to the production and delivery of all Bridge Data System Input Forms, in accordance with Clause 4.3 of the NZTA Standard Specification Management, Surveillance & Quality Assurance, including all necessary measure-up survey. Payment of the Provisional Sum will be made on Client acceptance of the Bridge Data System Input Forms. 12.11 Cabinet Repairs <<for Traffic Monitoring only>> The Provisional Sum covers all expenses relating to all activities required to repairs to roadside cabinets. Payment will be made on receipt of a detailed breakdown of repair costs showing: plant, labour, and parts. 12.12 Removal of Cabinet <<for Traffic Monitoring only>> Payment of the Provisional Sum will be made on receipt of evidence that work has been carried out in accordance with all contract requirements and to any further agreed requirements from the client. Payment shall be made in accordance with the Additional Services Schedule or agreed price for each removal. 12.13 Special Electronic Components <<for Traffic Monitoring only>> To be negotiated and deliverables agreed with the client before surveys are carried out. 12.14 Supply and Install Power and Phone for New Site <<for Traffic Monitoring only>> Reimbursement shall be made upon receipt of evidence of actual power and telephone installation costs in accordance with Section *** of the ***. The payment will include a percentage on cost for supply and install of power and telephone for new sites. Invoice payments will be made as a percentage to be negotiated at tender award. 12.15 Power and Telephone <<for Traffic Monitoring only>> The successful Consultant will pay all invoices as received from the power and telephone companies and will be reimbursed in full by NZTA. The Consultant’s own telephone charges for managing the network (including downloading data) shall be included in these charges. Costs will only be reimbursed for items scheduled in the Supply and Installation Section. Reimbursement shall be made upon receipt of evidence of actual power and telephone running costs. Reimbursements shall not include costs of any telephone calls made from any Telemetry site telephone number. The payment will include a percentage on cost for power and telephone invoice payments made as a percentage to be negotiated at tender award. 12.16 Other NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Section D: Contract Scope NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 99 of 125 NZ Transport Agency Page 101 of 125 Scope of Services <<Guidance note: suggested headings and/or inclusions. Ensure this guidance note is deleted before uploading. 1 Introduction [Insert paragraphs] 1.1 Extent 1.2 [Other] 1.3 Contract Management <<Guidance note: include for Contract Management.>> The Consultant shall manage this contract in accordance with all requirements of the NZTA Standard Specification Contract Management. 1.3.1 Accidental Discovery Procedures <<Guidance note: do you need to amend the Minimum Standard Z/22 for ADPs? Optional for CM, I&R, D&PD, D&C.>> In addition to Clause 7.11 of the NZTA Standard Specification Contract Management, Clause [X.X] of NZTA’s Accidental Discovery Procedures (Minimum Standard Z/22) shall be modified/replaced with the following: <<Guidance note: Project specific accidental discovery procedures may be defined in one or more of the following documents. Select or amend.>> • An approved resource consent and/or designation; or • An authority granted by the NZ Historic Places Trust (including a general authority granted under s12 of the Historic Places Act); or • An MoU between Transit/NZTA and Maori Stakeholders, consistent with Transit’s Guidelines for Managing Stakeholder Relationships and Consultation with Maori; or • A regional accidental discovery protocol adopted by Transit/NZTA, NZ Historic Places Trust and relevant iwi. • [Other]. <<Guidance note: The minimum standard would therefore need to be modified (or in some instances replaced in its entirety) to ensure compliance with the relevant procedures. Example: In the Christchurch region, NZTA’s Accidental Discovery Procedures (Minimum Standard Z/22) should be replaced with the ADP for Transit/NZTA Regions 11 (Canterbury) and 12 (West Coast) between Transit/NZTA, the NZ Historic Places Trust and Ngai Tahu.>> NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 102 of 125 1.4 NZ Transport Agency Programming and Funding [Insert paragraphs] 1.5 Traffic Management <<Guidance note: include for traffic management and state applicable level.>> All traffic management for this project shall be specified on the basis of being Level [1] in accordance with the Code of Practice for Temporary Traffic Management. [Insert paragraphs] 1.6 [Other] [Insert paragraphs / bullets] 2 Background [Insert paragraphs] 2.1 Site Description [Insert paragraphs] 2.2 Problems [Insert paragraphs / bullets] 2.3 Objectives [Insert paragraphs / bullets] 2.4 [Other] [Insert paragraphs / bullets] 3 Investigation Phase <<Guidance note: include for I&R.>> The Consultant shall carry out the investigation phase in accordance with the requirements of the NZTA Standard Specification Investigation & Reporting, excluding Clause 1.0 Scoping Report. The following requirements will also be met. 3.1 Review of Previous Reports [Insert 3.1.1 Projects / paragraphs / bullets] 3.2 Traffic Studies/Models [Insert 3.2.1 Projects / paragraphs / bullets] NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency 3.3 Page 103 of 125 Consultation [Insert 3.3.1 Projects / paragraphs / bullets] 3.4 Scheme Assessment Report [Insert 3.4.1 Projects / paragraphs / bullets] 3.5 [Other] [Insert paragraphs / bullets] 4 Risk Management The Consultant shall comply with the requirements of NZTA’s Minimum Standard Z/44 - Risk Management. The [Advanced/ General Approach] shall be applied throughout the contract period in accordance with section 4.3.1 of Z/44 for the purposes of risk analysis. The [Advanced/ General Approach] shall be applied to define the risk contingency within each of the appropriate sections of the estimate in accordance with section 5.4 of Z/44. 5 Design Phase <<Guidance note: include for D&PD or D&C: Specimen D&PD.>> The Consultant shall carry out the design phase in accordance with the requirements of the NZTA Standard Specification Design & Project Documentation or D&C: Specimen D&PD. [Insert paragraphs / bullets] 5.1 Landscaping [Insert paragraphs] 5.2 Consent Conditions [Insert 5.2.1 Projects / paragraphs / bullets] 5.3 Staging of Physical Works [Insert 5.3.1 Projects / paragraphs / bullets] 5.4 [Other] [Insert paragraphs / bullets] 6 Construction Phase <<Guidance note: include for MSQA or D&C: Specimen D&PD.>> NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 104 of 125 NZ Transport Agency The Consultant shall carry out the construction phase in accordance with the requirements of the NZTA Standard Specification Management, Surveillance & Quality Assurance. [Insert paragraphs / bullets] <<Guidance note: include for D&C: Specimen D&PD.>> It is to be noted by the Consultant that the proposed delivery contract for the works is Design and Construct. Under this form of contract the Services to be provided are different in nature to those provided under a Traditional form of contract. The key objective of the Consultant’s role is to monitor design development and the progression of construction of the works to ensure compliance with the Contract Documents. The Consultant shall carry out the construction phase in accordance with the requirements of the NZTA Standard Specification Management, Surveillance & Quality Assurance, except as follows: 6.1 1. Delete and replace 1. (2) with: “Ensure construction is completed in conformance with the Contractor’s Detailed Design and the Contract Documents”. 2. Include new 2.1(6) as follows: “administer the interactive tender process, providing all technical and management inputs, and facilitating all external inputs into the tender process, including but not limited to: additional site investigations; road safety audits; stakeholder consultation; and planning approvals.” 3. Include the following at the end of the second paragraph under 3.1: “The Consultants surveillance activities shall be designed to compliment any Quality Assurance activities completed by the Contractor and the Contractor’s Designer.” 4. In section 3.2 (1) replace the words “following award of tender” with “following the completion of the Contractor’s Design” 5. Add at the end of 3.2 “It is noted that the Contractor will be required to complete the Road Construction Information Forms and provide an Asset Owners Manual. The Consultant shall ensure these are completed to a satisfactory standard.” 6. 3.7 first paragraph, delete the words “The Consultant shall be responsible for” and replace with “The Consultant shall be responsible for ensuring that the following is adequately completed by the Contractor”. 7. For sections 4.1, 4.2, 4.3, and 4.4, delete “The Consultant shall” and replace with “The Consultant shall ensure the Contractor”. 8. All references to “Drawings” are replaced with “Contractor’s Design Drawings”, and all references to “Specification” are replaced with “Principal’s Requirements”. 9. [Other] Landowner Liaison [Insert paragraphs] 6.2 Temporary Detours [Insert paragraphs] NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency 6.3 Page 105 of 125 Project Management Board The Consultant shall organise for Client, Consultant and Contractor senior representatives to attend an inception partnering meeting and further Board meetings nominally every other month to manage the successful delivery of the contract by establishing good working relationships through a mutually agreed strategy of commitment, cooperation and communication. The Board will monitor the health of the contract and take any necessary steps to ensure the overall performance goals of the Partnering Charter are met, and risks are under appropriate management to ensure contractual requirements are met. 6.4 [Other] NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 106 of 125 NZ Transport Agency Deliverables and Time Schedule 1 General In accordance with Clause 9.2 of the General Conditions, intellectual property of the Client which forms part of the deliverables listed below and which comprises items which are extracted, taken or built from documents, data or information bases belonging to the Client, remains the intellectual property of the Client. 2 Programme for Deliverables The following is the Time Schedule for Deliverables. It outlines the major/milestone deliverables but is not to be deemed all-inclusive. Further deliverables with delivery dates and times may be specified in the Scope of Services and specifications. No Deliverable Time for Delivery Scope of Services 1. [Other] [Insert] 2. [Other] [Insert] Contract Management 3. Consultant’s project quality plan Within [1 week] of acceptance of tender. 4. Consultant’s draft baseline programme With Consultant’s project quality plan. 5. Project RAP Draft within [20] working days of contract award. Baseline within [5] working days of acceptance of the Draft RAP. 6. Site safety plan With Consultant’s project quality plan. 7. Consultation plan With Consultant’s project quality plan. 8. Budget cashflows for project Within [1 week] of acceptance of tender. 9. Consultant’s monthly report By the [8th] day of each month. 10. Accrual report By the [8th] day of each month. 11. Risk review minutes Within [1 week] of risk reviews. 12. Activity risk file Prior to contract completion. 13. Public relations report Within [48] hours of an incident. 14. Accident report As soon as possible after each accident. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 107 of 125 No Deliverable Time for Delivery 15. Final construction report Within [2 weeks] following issue of the Defects Liability Certificate or notice of termination of contract. 16. Contract close out risk report Draft within [10] working days of contract close out review. Final within [3] working days of Client acceptance of the draft Contract Close Out Risk Report and prior to contract completion. 17. [Other] [Insert] Investigation and Reporting 18. Draft scoping report Within [8 weeks] of acceptance of tender. 19. Final scoping report Within [2 weeks] of receipt of the Client’s comments on the draft scoping report. 20. Preliminary geotechnical appraisal report Within [8 weeks] of acceptance of tender. 21. Schedule of legal descriptions for land affected and preliminary land requirement plans At option evaluation stage for the PROPERTY ACQUISITION AGENT. 22. Draft scheme assessment Within [20 weeks] of Client’s approval to proceed. 23. Final scheme assessment Within [2 weeks] of receipt of the Client’s comments on the draft scheme assessment. 24. Preliminary land requirement plans, schedule of legal descriptions for land affected and property acquisition strategy With final scheme assessment report. 25. Application for planning consents Within [1 week] following the date of the Client’s instruction to proceed. 26. [Other] [Insert] With the draft scheme assessment for the Client. Design and Project Documentation or Design and Construct: Specimen D&PD 27. Design philosophy statement Within [10 weeks] of the date of the Client’s instruction to proceed. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 108 of 125 NZ Transport Agency No Deliverable Time for Delivery 28. Draft construction drawings, tender documents and accompanying documentation Within [12 weeks] of the date of the Client’s acceptance of design philosophy statement. 29. Final design report With draft construction drawings and tender documents. 30. Recommendations on insurance, bonds and retentions With draft tender documents. 31. Statutory application(s) Within [2 weeks] following the submission of the draft construction drawings and tender documents. 32. Final physical works contract documentation Within 1 week of receiving the statutory application approval or safety audit, whichever is later. 33. Final Bridge Data System Input Forms With tender documentation. 34. Updated preliminary land requirement plans Two months prior to the letting of the physical works contract. 35. Updated SRMS database for Maori With final physical works contract documentation. 36. [Other] [Insert] Management, Surveillance and Quality Assurance 37. Tender evaluation Within [1 week] after closing of tenders. 38. Recommended contract budget With tender evaluation. 39. Media release (physical works) With tender evaluation. 40. Verification, sampling and testing schedule Within [1 week] of letting physical works contract. 41. Execution of physical works contract documents Within the timeframes specified in s.2.7 NZS 3910:2003. 42. Pre-sealcoat pavement inspection records Within [1 week] after inspection. 43. Notice to Client advising of inspection with contractor prior to issue of Certificate of Practical Completion A minimum of [1 week] prior to inspection. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 109 of 125 No Deliverable Time for Delivery 44. Final Bridge Data System Input Forms With issue of Certificate of Practical Completion. 45. Draft asset owner’s manual With issue of Certificate of Practical Completion. 46. Draft as-builts With issue of Certificate of Practical Completion. 47. Copy of Certificate of Practical Completion to Client Within [1 week] of issue to the Contractor. 48. Road construction information forms With issue of Certificate of Practical Completion (PSF/3b(s)). 49. Updated SRMS database for Maori Within [2 weeks] following the issuing of the Certificate of Practical Completion. 50. Site walkover with acquisition agent and nm consultant, to obtain agreement of new boundaries Within [2 weeks] following the issuing of the Certificate of Practical Completion. 51. Comment on safety audit report Within [1 week] of receipt of safety audit report for comment. 52. Final land requirement plans Within [2 weeks] of the issue of the Certificate of Practical Completion. 53. Notice to Client requesting final handover Inspection A minimum of [2 weeks] prior to expiry of the defects liability period. 54. Final detailed inspection records By [1 week] prior to Client’s handover inspection. 55. Client handover Inspection records Within [1 week] of Clients handover inspection. 56. Copy of Defects Liability Certificate to Client Within [1 week] of issue to the Contractor. 57. Final asset owner’s manual With issue of the Defects Liability Certificate. 58. Final as-built drawings Within [4 weeks] following issue of the Defects Liability Certificate. 59. [Other] [Insert] Network Management NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 110 of 125 NZ Transport Agency No Deliverable Time for Delivery 60. [Other] [Insert] [Other] [Insert] Hybrid 61. Bridges and Other Structures 62. [Other] [Insert] Traffic Monitoring 63. Visual survey form Within 48 hours of a counters installation and removal. 64. Traffic data load (non continuous) Data uploaded to TMS, prior to monthly report delivery. 65. Traffic data load (continuous) Data for previous month uploaded to TMS, prior to first Wednesday of each month. 66. TMS data processing With Consultants monthly report. Data processing report for each site to include loadset number and status of loadset. 67. Data quality achievement report With Consultants monthly report. 68. Annual traffic data load complete All data from the previous year to be loaded to TMS by 21st January each year. 69. Site installation report Notification of completed site installation within 48 hours of completion. 70. Site installation record Testing, commissioning and reporting within two weeks of site installation. 71. Continuous count site video Portable hard drive, containing one hour validation video surveys from continuous sites delivered by 31st January each year, for the previous year. 72. Contract completion report Four weeks prior to contract completion or termination. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 111 of 125 Inputs Provided by Client 1 To Tenderers The following items will be made available for perusal by the Tenderer at the office of the Regional Manager. The NZ Transport Agency takes no responsibility for the accuracy or adequacy of each item, which is offered in good faith. 2 1. NZTA’s Procurement Manual, including subsequent amendments. 2. NZTA’s Contract Procedures Manual (SM021), including subsequent amendments. 3. General and Special Conditions, and relevant Standard Specifications. 4. Project Feasibility Reports. 5. Database of resource consents held. 6. Current Activity Risk File. 7. TMS System Access. 8. Traffic Monitoring for State Highways (SM052). 9. Annual Traffic Data Booklet (from the NZTA Website). 10. [Other]. To the Consultant Upon acceptance of tender the following information and, where relevant, personnel, in addition to the project related items listed above, will be made available to the Consultant: 1. 2. Client Personnel • No personnel will be provided. <<OR>> • [Name] [Position]. Other Consultants <<Guidance note: must align to Personnel Schedule.>> • No other consultants have been directly appointed by the client for this contract. <<OR>> • The Client’s Property Acquisition Agent. • [Other]. 3. Liquidated Damages Pre-Assessment Form. 4. Physical works contract number (when requested by the Team Leader). 5. Network Maintenance Management Consultant contact. 6. NZTA’s Stakeholder Relationship Management System Consultation Project for Maori. 7. Current Activity Risk File. 8. Client Consent Compliance Management System (CS-VUE), to manage consents and consent compliance. <<Guidance note: select CS-VUE when undertaking NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 112 of 125 NZ Transport Agency consent compliance, e.g. resource consents, DOC concessions, HPT Authorities, designation conditions, building consents.>> 9. Four hours of TMS System Training with Regional Administrator. 10. [Other]. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 113 of 125 Project Manager The Project Manager for NZ Transport Agency (“Client’s Representative” as defined in the General Conditions) is: [Project Manager Name] [Title] NZ Transport Agency [Address] [CITY] Telephone: Facsimile: Email: [Phone no] [Fax no] [Email] Attention is drawn to the role of Project Manager as the Client’s representative in terms of this contract. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 114 of 125 NZ Transport Agency Hazards Known to the Client <<Guidance note: This information is in PSG/4. This page is for the Project Manager to complete. Insert the following clause if there are no known hazards.>> There are no known hazards for this contract. <<OR Insert the following clause and table if hazards known.>> With reference to Clause 3.8 of the General Conditions Contract the following is a list of known identified hazards relevant to the Services: No Hazard Known to the Client Detail <<examples below>> 1. Known Services Existence of a high voltage cable, cell phone towers, microwave transmission devices and radio transmission devices. 2. Contaminated ground conditions Risk of injury or illness to people. 3. Unstable road materials Risk of injury to people. 4. Unprotected drop-offs [insert: e.g. on ridges] 5. Underlying cavities/mines [insert] 6. Unstable road slopes and rockfall hazards [insert] 7. Possible sources of gas or other poisonous substances (known and identified) [insert] 8. Existence of adjacent railway tracks [insert] 9. Flooding risk (known and identified) [insert] 10. Known hazards on neighbouring properties [insert: e.g. underground tanks] 11. [Other] [insert] NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Section E General and Special Conditions of Contract NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 115 of 125 NZ Transport Agency 1 Page 116 of 125 General Conditions The General Conditions for the provision of Professional Services (General Conditions) are those included in the document entitled “General Conditions of Contract for Consultancy Services” (CCCS) – August 2009. The appendices referred to in CCCS are linked to the Contract Documents as follows: Appendix A Scope of Service Refer to Section D of the Contract Documents. Appendix B Fees, Expenses and Payment Refer to Section C of the Contract Documents. Appendix C Client’s Representative Detailed in Section D of the Contract Documents. Appendix D Consultant’s Key Personnel These are detailed in Section C of the Contract Documents. Appendix E Sub-Consultants The parties acknowledge and agree that no part of the services will be carried out by a Sub-Consultant, unless such a Sub-Consultant is listed on the Personnel Schedule in Section C of the Contract Documents. Appendix F Other Consultants, Other Consultants' Insurance, Personnel, Equipment, Facilities, and Information Supplied by the Client These are listed under “Inputs Provided by the Client” in Section D of the Contract Documents. Appendix G Client's Hazard Identification and Notification These are listed under "Hazards Known to the Client" in Section D of the Contract Documents. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Page 117 of 125 2 Special Conditions 2.1 “Consultancy Services” in the General Conditions has the same meaning as “Professional Services” elsewhere in the Contract Document. 2.2 The “Client’s Representative” is the “Project Manager” named in Section D of the Contract Documents. 2.3 The “Consultant’s Representative” is the ‘Team Leader” named on the Personnel Schedule of Section C in the Contract Documents. 2.4 Any Sub-Consultants being proposed by the Consultant must be listed in the Personnel Schedule in Section C of the Contract Documents. 2.5 Payment of the Consultant’s invoices will be made within the time specified in Section C of the Contract Documents. 2.6 The address of the Client and Consultant are as detailed on the contract header page in the Contract Documents. 2.7 The following are variations to the General Conditions of Contract: a. Further to Clause 1.1 The “Form of Agreement for Engagement of Consultant” is the “Contract Agreement Form” in Section A of the Contract Documents. b. Further to Clause 2.10: Health and Safety The Consultant acknowledges and agrees that it will also comply with all Health and Safety requirements set out in NZTA Minimum Standard Z/5 entitled "Health & Safety Compliance Notice". The parties acknowledge the Minimum Standard is deemed to form part of this Agreement. The Client will provide a copy of that Minimum Standard to the Consultant on request. c. Further to Clause 6: Liability and Insurance i. Clause 6.2 - Limitation of Liability will be as specified in Section 3.0, Liability and Insurance. ii. Clause 6.4 - Duration of Liability, will be as specified in Section 3.0, Liability and Insurance. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 118 of 125 NZ Transport Agency iii. Clause 6.5 - Insurance, is deleted and replaced with the following: The Consultant shall take out and maintain for the duration of the Services: • Professional indemnity insurance for the minimum amount specified in Section 3.0, Liability and Insurance for the period specified in Section 3.0, Liability and Insurance; and • Public liability insurance cover for the amount specified in Section 3.0, Liability and Insurance, for the period specified Section 3.0, Liability and Insurance; and • Each of the insurances shall include a provision for reasonable defence costs. The Consultant shall use all reasonable endeavours to maintain professional indemnity insurance for the duration of liability stated under Clause 6.4. If at any time the Consultant is unable to obtain or maintain professional indemnity cover as required by the Agreement, or if any material change to the terms and conditions of the cover occurs, the Consultant shall, as soon as practicable, notify the Client in writing. d. Further to Clause 12.14: Client's Regulatory Functions - is replaced with the following: NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 The Consultant acknowledges and accepts that the Client is a Crown entity, established on 1 August 2008 under the Land Transport Management Act 2003, and has functions and duties that it must perform and powers that it must exercise under that Act and other Acts. The Consultant acknowledges that the performance of statutory functions or duties or the exercise of statutory powers by the Client does not constitute a breach of this Agreement. NZ Transport Agency 3 Liability and Insurance 3.1 Limitation of Liability 3.1.2 Limitation of Liability Page 119 of 125 For the purpose of Clause 2.7(c)(i) of NZTA’s General and Special Conditions, the maximum aggregate amount payable whether in contract, tort, or otherwise in relation to all claims, damages, liabilities, losses or expenses under this Agreement shall be five times the fee with a minimum limit of $500,000.00 and a maximum limit of $2,000,000.00. <<OR (please specify)>> For the purpose of Clause 2.7(c)(i) of NZTA’s General and Special Conditions, the maximum aggregate amount payable whether in contract, tort, or otherwise in relation to all claims, damages, liabilities, losses or expenses under this Agreement shall be $[XX,XXX.XX]. <<Guidance Note: other amount to be approved by the Risk/Insurance Sub VAC as per Appendix XXIII for Professional Services, of the Contract Procedures Manual (SM021), for Consultancy Services with fees estimated in excess of $1,000,000.00 per annum, or a total estimated fee for the period of the Contract in excess of $5,000,000, or contracts that are considered high risk, e.g. tunnels and bridges, other service providers in close proximity (gas pipelines, railway), new technology.>> 3.1.3 Duration of Liability For the purpose of Clause 2.7(c)(ii) of NZTA’s General and Special Conditions, the duration of liability shall be six years from the date of completion of Services. <<OR (please specify)>> For the purpose of Clause 2.7(c)(ii) of NZTA’s General and Special Conditions, the duration of liability shall be [period]. <<Guidance Note: other duration as required by the Risk/Insurance Sub VAC as per guidance note Clause 3.1.1 above.>> 3.2 Professional Indemnity Insurance For the purpose of Clause 2.7(c)(iii) of NZTA’s General and Special Conditions: 3.2.4 Amount of Cover The minimum amount of Professional Indemnity Insurance will be for the amount specified in Clause 3.1.1 (Limitation of Liability) above, with at least one automatic reinstatement of the minimum amount per 12-month period of insurance. 3.2.5 Period of Cover The Consultant shall maintain the Professional Indemnity Insurance for the duration stated under Clause 3.1.2 (Duration of Liability) above. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 120 of 125 3.3 NZ Transport Agency Public Liability Insurance For the purpose of Clause 2.7(c)(iii) of NZTA’s General and Special Conditions: 3.3.6 Amount of Cover The minimum amount of Public Liability Insurance required will be $5,000,000.00. <<OR (please specify)>> The amount of Public Liability Insurance required will be $[XX,XXX.XX]. <<Guidance Note: other amount as required by the Risk/Insurance Sub VAC as per guidance note Clause 3.1.1 above>> 3.3.7 Period of Cover The Consultant shall maintain the Public Liability Insurance cover until the date of completion of the Services. NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 NZ Transport Agency Following Sections For Signing Sets Only Section F Additional Tender/Contract Documentation NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 121 of 125 NZ Transport Agency Section G Standard Specifications NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 123 of 125 NZ Transport Agency NZTA Contract Number [NZTA Contract No.] 1st Edition, 1 March 2009 Amendment 5, 30 September 2013 Page 125 of 125