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The NZ Transport Agency Contract Number Contract Name Contract Documents

Guidance Note: Consultants to use the standard NZ Transport Agency (NZTA) Report Cover preceding this page: (ie the one without the window in it).

SM031 Appendix A1 Lowest Price Conforming (Basic) Proforma Issue 12 March 2011 Preface This Preface is a guide to help those responsible for preparing contract specific documentation. It should not be included in the final issued Tender Document. This proforma document provides the basis for the development of contract documents for NZTAs Measure and Value specific project contracts. The purpose of the proforma is to provide consistency throughout NZTAs regional operations and to ensure that an appropriate level of detail is provided for tender documentation. Changes to the wording or format of this document are to be approved prior to issue by the NZTA Project Manager, who will consult with NZTAs Project Support Team (04 894-5400) on all material changes made. Purple text denotes Prequalification clauses only, and must be included in the issued prequalification tender documents. <<Purple shading>> is used to help those preparing Prequalification Tender Documents, indicating clauses or sections that must not be included in the issued prequalification tender documents. Blue text has been used for optional clauses, which can either be used or deleted. The inclusion of these clauses shall be agreed with the NZTA project manager. Yellow shading is used to denote where standard wording is proposed but where project specific detail needs to be inserted. Suggested wording or examples are often provided in italics for guidance. Guidance Notes, also <<shaded yellow>> will help those preparing the Tender Documents, and must not be included in the issued tender documents.

Instructions for Tendering

Contract Cover Sheet

Set No. _____


Construction Contract No. Number Contract Name
Contractor: Address:

Contact Numbers:

Phone: Fax: Email:

Engineer: Address: Contact Numbers:

To be advised To be advised Phone: To be advised Fax: Email: To be advised To be advised

Tender Close
Refer to Clause 105.1 of the Schedule to Conditions of Tendering for tender closing details (section 3 of the Instructions for Tendering).

Document Deposit
Refer to Clause 102.2 of the Schedule to Conditions of Tendering for document deposit details (section 3 of the Instructions for Tendering). If a deposit is required, it shall be refunded in accordance with Clause 102.2 of the Conditions of Tendering).

Contract Number & Name A1-MV-LPC (Basic)-IFT-Issue 12

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Table of Contents
Contract Cover Sheet Table of Contents Instructions for Tendering (White) 1 Key Information for Tenderers 2 Conditions of Tendering 3 Schedule to Conditions of Tendering 4 Non Price Attributes 5 Tender Information Schedule 6 Tender Evaluation Procedure 7 Tender Acceptance and Debriefing 8 Tender Evaluation Marking Forms 9 Tender Form (Yellow) Schedule of Prices (Pink) i ii IFT 1

TF 1 SP 1

Basis of Payment (White) BP 1 1 Preamble 2 Certificates and Payment 3 Valuing Scope Changes 4 Basis of Measurement and Payment Conditions of Contract (Purple) CC 1 1 General Conditions 2 First Schedule Special Conditions 3 Second Schedule Contract Agreement 4 Third Schedule Form of Contractors Performance Bond 5 Fourth Schedule Form of Principals Bond 6 Fifth Schedule Form of Contractors Bond in Lieu of Retentions 7 Sixth Schedule Form of Producer Statement - Construction 8 Information As To The Contractors Insurances Seventh Schedule Information As To Contract Works Insurance Eighth Schedule Information As To Public Liability Insurance Ninth Schedule Information As To The Contractors Construction Machinery Insurance Tenth Schedule Information As To The Contractors Motor Vehicle Insurance Eleventh Schedule Information As To The Contractors Professional Indemnity Insurance 9 Twelfth Schedule - Cost Fluctuation Project Specification (Green) Refer to Appendix x PS 1 1 To be advised, consultant to complete 2 To be advised, consultant to complete 3 To be advised, consultant to complete 4 To be advised, consultant to complete 5 To be advised, consultant to complete Consultants Standard Technical Specifications (White) 1 To be advised, consultant to complete 2 To be advised, consultant to complete
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Instructions for Tendering

Table of Contents
3 To be advised, consultant to complete Appendices (White) A1 App 1 To be advised, consultant to complete App II To be advised, consultant to complete App III To be advised, consultant to complete <<<Guidance Note: Examples of appendices may include Traffic Management Schedule, Archaeological Management Plan, Geotechnical Baseline Summary Site Investigation and Weather Data, Erosion Management Plan, Example of Contractors Social and Environmental Management Plan Z/4, Resource Consents, Designation Conditions.>>> Drawings (White) D1 The Drawings are bound separately and form part of the Contract Documents (<< Only bind separately if a large number of drawings, otherwise include with other contract documents>>.) Additional Documents (White) 1 To be advised, consultant to complete 2 To be advised, consultant to complete

Consultant Quality Record


Compiled by: Reviewed by: Released by:
Document prepared by: File No: Document Release No: Computer Ref:

Signature Signature Signature

Date: Date: Date:

Name Printed or Typed Name Printed or Typed Name Printed or Typed

Consultant Name, Street Address, PO Box, CITY XXXXXX 1 <<<to be advised>>> Document Release Date: Date, Month, Year

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Project Name NZTA Contract No. Contract Number

Contract Number & Name A1-MV-LPC (Basic)-IFT-Issue 12

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Instructions For Tendering

Instructions for Tendering

Table of Contents Instructions for Tendering


1. 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 2. 3. 4. 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 5. 5.1 5.2 5.3 5.4 5.5 6. 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 7. 7.1 7.2 KEY INFORMATION FOR TENDERERS Description of Contract Works Contract Type NZ Transport Agencys Expectations Tender Submission Key Contract Data Communications During Tender Period Conflict of Interest Tender Tag and Clarification Statement Site Visit Electronic Information Additional Project Information Quality Assurance Privacy Act Probity Miscellaneous Requirements CONDITIONS OF TENDERING SCHEDULE TO CONDITIONS OF TENDERING NON-PRICE ATTRIBUTES Consistency with Statement of Interest and Ability Attribute Submission Tenderer and Tenderers Subcontractor Information Relevant Experience Track Record Relevant Skills Resources Methodology TENDER INFORMATION SCHEDULE General Proposed Subcontractors Acknowledgement of Notices to Tenderers Proposed Construction Programme Contractors Occupational Health and Safety Management Information TENDER EVALUATION PROCEDURE Overview Tender Evaluation Team Tender Evaluation Tender Evaluation Stage 1 (Price) Tender Evaluation Stage 2 (Non-price Attributes) Interviews Pre-Letting Meeting Tender Evaluation Report Tender Evaluation: Base Estimate TENDER ACCEPTANCE AND DEBRIEFING Tender Acceptance Tender Debriefing
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4 4 4 4 4 5 5 6 7 8 8 9 9 10 10 10 11 12 14 14 14 14 15 16 16 17 17 18 18 18 18 18 19 21 21 21 21 21 21 22 22 22 23 24 24 24

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Instructions for Tendering

Table of Contents Instructions for Tendering


8. 8.1 9. TENDER EVALUATION MARKING FORMS Tender Evaluation Marking Forms TENDER FORM 25 25 31

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1 Key Information for Tenderers


1. Key Information for Tenderers

<<Important Guidance note: When preparing any part of this tender, document, if there are sections/schedules that you do not require e.g. 11th Schedule Professional Indemnity within the Conditions of Contract, to avoid problems with Headers, DO NOT DELETE those headers and ensure that you insert text at top of page Section/Schedule X, Name the Section/Schedule, is not required for this contract>>.

1.1
1.1.1

Description of Contract Works


Example: This contract is for the construction of >>>>>>>>>>>> between >>>>>>>>>>> and >>>>>>>>>>>>. The section is >>>km long and includes >>> bridges and >>>>>>>>>>>>.

1.2
1.2.1

Contract Type
This contract is a Measure and Value contract as defined by General Conditions of Contract, Clause 2.1.1.

1.3
1.3.1

NZ Transport Agencys Expectations


The NZ Transport Agency (NZTA) is seeking a contractor who will: a) Promote NZTAs statutory objective under the Land Transport Management Act 2003; b) Provide value for money and increased price certainty in the procurement and construction of this project; c) Undertake all practical measures to mitigate the social and environmental impacts of their activities; d) <<<Guidance Note: Other as maybe specifically applicable to the contract but would need clearance from NZTA's Project Manager >>>.

1.3.2

Tenderers should demonstrate in their submissions that they understand the requirements of the Tender Documents. They should also show that they can provide the necessary resources and commitment to successfully complete the Contract Works to meet the above expectations.

1.4
1.4.1

Tender Submission
In accordance with the Prequalification for Physical Works, this contract has been classified as <<<Guidance note: include work category(s) & classification level(s): eg Construction Level C. >>>. Tenderers are reminded that under the terms of the Highways and Network Operations (HNO) Prequalification System, only those prequalified to <<<Guidance note: include work category & classification levels Construction - Level A, B or C (4A, 4B or 4C)>>> are eligible to submit a tender. Where more than one classification level is specified (for example 3A and 4B) and the Tenderer is not prequalified for one of these, a subcontractor who does have this prequalification registration shall be included in the tender A prequalified tenderer may be excluded from consideration if NZTA considers that for this contract the tenderers attributes are not of an appropriate nature to the contract being tendered. It is the responsibility of tenderers who consider that they may be in this
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1.4.2

1.4.3

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Instructions for Tendering

1 Key Information for Tenderers


category to raise the issue with NZTA's consultant, following the procedure in section 1.6 of this IFT as soon as possible. 1.4.4 1.4.5 1.4.6 NZTA requires conforming tenders for this contract. Tenderers shall ensure that their tenders meet all the requirements of the Tender Documents. In accordance with Clause 105.7 of the Conditions of Tendering (Section 2 of this IFT), NZTA will not consider Alternative Tenders for this contract. Tenders shall be submitted in accordance with the Schedule to Conditions of Tendering, Clause 105.1 (Section 3 of this IFT).

1.5
1.5.1

Key Contract Data


The following table summarises the key features of the contract. The information and detail contained elsewhere within the Tender Documents shall over-rule this table if there is any ambiguity or conflict with the following information. <<< Guidance Note: Examples only, but should be contained on 1 page >>>: Description Key Contract Data Document Reference The Contract Works Type of contract Closing date for tender queries Site Visit Tenders close Supplier selection method Conditions of Contract Contract Period Liquidated Damages Defect Liability Period Cost fluctuations Construction of >>>>>>>> Measure and Value <<3>> days prior to tender close Date to be advised Time, day, date, month year Prequalification Lowest Price Conforming NZS 3910:2003 >>> Weeks X.XX per calendar day >>> Weeks Do not Apply/Apply from commencement of Contract <<< Guidance Note: Apply if contract period exceeds 12 months>>> >>Other, Consultant to nominate if required >>>>>>> State document and section/clause reference IFT Section 1.1 IFT Section 1.2 IFT Section 1.6 IFT Section 1.8 IFT Section 3 IFT Section 6.1 CC General Conditions CC 1st schedule 10.2.1 CC 1st Schedule 10.5.1 CC 1st Schedule 11.1.1 CC 1st Schedule 12.8.2

1.6
1.6.1

Communications During Tender Period


For the purposes of this IFT, communications During Tender Period is from date of invitation to tender to tender closing date.
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Instructions for Tendering

1 Key Information for Tenderers


1.6.2 When Tenderers receive the Tender Documents, they shall notify the Consultants Nominated Person in Clause 1.6.4 of the name and contact details of the person within their own organisation with whom they will direct all communications during the tender period (the Tenderers Nominated Person). All communications between the Consultants Nominated Person and Tenderers must be in writing. For the purposes of this IFT, this includes facsimile and e-mail communication, which may include attachments. Communications must be clearly labelled with NZTAs assigned contract number and name. Communications not so addressed may be delayed and/or not actioned. All Tenderers queries shall be addressed to: <<Name of Consultants Company>> <<Address 1>> <<Address 2>> <<CITY>> For the Attention of: <<insert name of Consultants Nominated Person>> Contract Number: <<insert Contract Number>> Contract Name: <<insert Contract Name>> Fax: <<insert fax number>> Email: <<insert email address>> 1.6.3

1.6.4

1.6.5

Tenderers enquiries shall be raised with Consultants Nominated Person as soon as possible but not later than <<three>> working days before the tender closing date. Where the Principal considers it necessary and/or appropriate, they will endeavour to respond to all queries within <<48>> hours of receiving them. It is the tenderers responsibility to ensure that the Consultants Nominated Person has received any enquiry that they have raised.

1.6.6

Where the Principal 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. Telephone communications shall be permitted between the Consultants Nominated Person and the Tenderers Nominated Person, for the purpose of clarifying the specific issues raised in that Tenderers tender query. Discussions will be strictly limited to such clarifications. Any such telephone communication is non-contractual, and is for information only.

1.6.7

1.7
1.7.1

Conflict of Interest
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
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1 Key Information for Tenderers


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 Principal of the means that they intend to use to remove or mitigate such conflicts of interest or risk of bias. 1.7.2 The Principal 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 Principal 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 Principal, creates an unfair advantage or impropriety in the tender process.

1.7.3

1.8
1.8.1

Tender Tag and Clarification Statement


NZTAs preference is that Tenderers submissions do not contain tags or clarifications. However, it is acknowledged that in some circumstances Tenderers may feel it is necessary to tag or clarify their Tender Submission. If the Tenderer wishes to tag or clarify their Tender Submission in order to modify the contractual terms detailed in this Tender Document, then that Tenderer must detail that modification in either their Tender Tag and Clarification Statement, or in an Alternative Tender Statement. Tender Tag and Clarification Statements must include the following information for each item: reference to the part of the contract document that is intended to be changed; a full description of the proposed change; and the Tenderers reason for requiring such a change to the contractual requirements.

1.8.2

1.8.3

1.8.4 1.8.5

Only tag(s) or clarification(s) that comply with the above, and that are included in Envelope 1 of a Tenderers Tender Submission, shall be considered by NZTA. Any statement that has the general effect of being a tag or clarification but is not included in a Tender Tag and Clarification Statement or Alternative Tender Statement: may be disregarded at NZTAs discretion; does not take precedence over the requirements of this Tender Document; and is of no effect unless expressly recognised in writing by NZTA. NZTA is not required to accept any tag or clarification. Tenderers may be required to modify or remove any or all tags or clarifications at NZTAs discretion. Failure to modify or remove a tag or clarification on request may result in that tender being deemed nonconforming. NZTA may, at its discretion, assign a premium to any tender in the tender evaluation process in respect of an accepted tag or clarification that NZTA considers to alter the risks, benefits, or cost of the project.
<<<Guidance note: insert clauses1.8.8 to 1.8.11 for contracts with a base estimate of less than $50M>>>. NZTA has arranged for Principal Arranged Insurance (PAI) for contracts

1.8.6

1.8.7

1.8.8

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with a base estimate of less than $50 million. If Tenderers Opt-Out of PAI, then this must be clearly stated in the tender submission. 1.8.9 If opting out of PAI, prior to commencement of the contract works the winning Contractor must forward copies of their Contract Works and Public Liability insurance policies for NZTAs review and may be required to be amended should any policy not meet the contract document requirements. If satisfactory insurance policies are not put in place then NZTA may at its option exercise its powers under Conditions of Contract Clause 8.5.7, and the Contract will be required to be included in the NZTA PAI programme. Refer to the following Link for details of the PAI, policy: http://nzta-pai.aon.co.nz.

1.8.10

1.8.11

1.9
1.9.1 1.9.2

Site Visit
No site visit has been arranged and tenderers are assumed to have made themselves sufficiently familiar with the site to complete their tender submission. Tenderers must ensure that the requisite permissions have been obtained in advance, and the appropriate Health and Safety measures complied with. All personnel within the state highway reserve, for whatever reason, shall comply with the requirements of the Code of Practice for Temporary Traffic Management <<level 2>>. Further details of a site visit are included in section 3.3. Tenderers access to the site is restricted to the following locations for safety reasons: a) <<< List access road >>>; b) <<< List access road >>>;

OR 1.10.1 A site visit will be arranged for <<<Time, Day, Date, Month, Year >>>. Tenderers wishing to visit the site are to meet <<<Consultant/Principal Adviser>>> at <<Location >>. Tenderers shall be advised if the visit has to be rescheduled due to adverse weather conditions. Tenderers wishing to visit the site are to register their interest by contacting the Consultant/Principal Adviser, by facsimile or email in accordance with the procedures in section 3.2 of this tender, no later than <<<Time, Day, Date, Month, Year >>>. It is anticipated that the number of persons each applicant will be allowed to participate in the visit will have to be limited for safety and management reasons. Tenderers will be advised in advance as to numbers that can be accommodated. Participants in the site visit need to provide their own boots or heavy walking footwear, safety jacket and rain wear as a minimum. The visit is expected to take two hours.

1.10.2

1.10.3

1.10.4

1.10
1.10.1

Electronic Information
Electronic copies of the following documentation will be provided on request, to all that have uplifted contract documents, and can be obtained from the Consultant <<insert email address>>via e-mail or CD:

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Document The Schedule of Prices Format Excel Information for Tendering (includes the Tender Form and Word Tender Information Schedule) Other Consultant to list 1.10.2 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.

1.11
1.11.1

Additional Project Information


The reports and other information referred to in, or attached to, or made available with, the Request for Tender Documents have been compiled in good faith by the designers and are provided for the information of Tenderers. Any Geotechnical Interpretative Report included, is based on the designers assessment of the factual information obtained from ground investigations. Tenderers are deemed to have studied, and are required to make their own interpretation of, the contents of all the reports and information provided and made themselves aware of any matter whatsoever that may effect their tender. Tenderers are responsible for interpreting the Site conditions from the information given, their inspection of the Site and other investigations and enquiries and shall be deemed to have satisfied themselves as to the nature of ground and sub-soil conditions before submitting their tender. NZTA does not guarantee, and accepts no responsibility for, the accuracy or completeness or correctness of any data or information presented, or the correctness of any interpretations. Tenderers shall rely on all information provided by NZTA at their own risk. Tenderers can view the following information relevant to this contract by contacting <<< Consultant company >>> Tenderers can arrange a time to view the information with NZTAs consultant, following the procedures in section 1.6 of this IFT. Viewing Documents Scheme Assessment Report Geotechnical Factual Report Geotechnical Interpretative Report Other Consultant to state

1.11.2

1.12
1.12.1

Quality Assurance
The Contractor shall be required to complete the Contract Works in accordance with <<<either: NZTA Q/4:1995, Specification for High Quality Assurance Level Contracts or NZTA Q/3:1995, Specification for Normal Quality Assurance Level Contracts >>>. <<<Guidance note: refer to current version on the NZTA website and reference latest version here and below>>>.
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Instructions for Tendering

1 Key Information for Tenderers


1.12.2 Where the Contract Works are to be completed in accordance with NZTA Q/4:1995, Tenderers are required to supply, with their Tender, evidence of certification to Transit New Zealand Quality Standard TQS1: 2005 or an acceptable quality assurance alternative. Acceptable alternatives include NZS ISO 9001:2000. The Quality Assurance requirements applicable to completing the Contract Works are described in the Project Specification. 1.12.3

1.13
1.13.1

Privacy Act
NZTA requires the consent and authority of the Tenderer to discuss and verify the Tenderers stated relevant experience and track record with all the parties associated with that relevant experience and track record. This requirement also applies to the Tenderers subcontractors. The authorised signatory, in executing the Tender Form, is deemed to have authorised NZTA (or its designated representative) to make enquiries concerning the performance of the tendering company. These enquiries will concern the works and/or projects listed as relevant experience and track record by the company in the Non-price Attributes section of their tender. NZTA may contact parties named as having involvement in the works/projects and other parties involved in the works/projects. The Tenderer gives up any claim to confidentiality for the works and/or projects they list as relevant experience or track record in the Non-price Attributes section of their tender.

1.13.2

1.13.3

1.14
1.14.1

Probity
An independent probity auditor has been appointed to overview NZTAs tendering process (up to contract award) and verify that the procedures set out in the Tender Documents 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 his review. The outcome will be documented with copies sent to both the Tenderer who raised the issue and to NZTA. The name and contact details are as follows: Shaun McHale, Director, Probity Services, McHale Group Ltd, Level 7, 154 Featherston Street, PO Box 2134, Wellington 6140, DDI: 04 496 5580, Mobile: 027 486 3412, Fax: 04 496 5209, Email: shaun.mchale@mchalegroup.co.nz.

1.15
1.15.1

Miscellaneous Requirements
Tenderers shall submit with their Tender all information requested in the Tender Information Schedule (section 5 of this IFT).

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2 Conditions of Tendering
2. Conditions of Tendering

The Conditions of Tendering are those included in NZS 3910: 2003 - Conditions of Contract for Building and Civil Engineering Construction as amended below.
Clause numbers refer to Conditions of Tendering clauses

102 Issue of Documents Add the following Clause 102.2(d) 102.2 (d) To other tenderers without requiring return of the documents, providing a bona fide tender is submitted. 104 Ambiguities in Tender Documents Add the following clause 104.4 104.4 Should any ambiguity as to interpretation arise between the contents and requirements of the NZTAs Procurement Manual (the Procurement Manual), NZTAs HNO Contract Procedures Manual (CPM), and the Tender Documents (TD), the order of precedence will be the Procurement Manual, CPM, TD. 105 Submission of tenders Clause 105.2 is deleted and replaced with the following 105.2 NZTA 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. Add the following Clause 105.7 105.7 Alternative tenders will not be considered

106 Acceptance of Tender Add the following clause 106.4 106.4 NZTA reserves the right to reject any or all tenders.

107 Notification of acceptance Clause 107.1 is deleted and replaced with the following 107.1 If no tender has been accepted within two Months after closing of tenders, each tenderer shall be notified in writing by the Principal or its agent whether its tender is or is not still under consideration.

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3 Schedule to Conditions of Tendering


3. Schedule to Conditions of Tendering

The Conditions of Tendering are those set out in NZS 3910:2003


Clause numbers refer to Conditions of Tendering clauses

102.2 (a) A Tender Documents deposit is not required 102.2 (b) A Tender Documents deposit of $ <<500>> is required
(Delete provision which does not apply)

103.1 (a) An appointment to view the Site shall be made .. 103.1 (b) No appointment need be made to view the Site.
(Delete provision which does not apply)

105.1

Tenders shall close at: NZ Transport Agency, Location, Street Address at Time p.m, on Day, Date, Month, Year The tender submission must be submitted in one envelope, marked on the outside Tender for Contract Number and Name and addressed to: Tenders Secretary NZ Transport Agency Location Street Address CITY or Tenders Secretary NZ Transport Agency c/- ########### Location Street Address CITY or Tenders Secretary NZ Transport Agency c/- ########### Location Street Address CITY

105.1 (b) Fax tenders or tenders submitted via electronic means (email) will not be acceptable. 105.3 (a) The percentage for On-Site Overheads shall be nominated in the tender. 105.3 (c) The percentage for Off-Site Overheads and Profit shall be nominated in the tender. 105.3 (e) The rate per Working Day in compensation for time related Cost and Profit incurred in relation to an extension of time shall be nominated in the tender. <<Guidance Note: where Clauses 105.3 above are used, the consultant is to ensure the percentage is tested against the Provisional Sum(s) included in the Schedule of Prices>>

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3 Schedule to Conditions of Tendering


105.3 (g) Supplementary information required to be submitted with the tender is:
Item A Description of Documents or Information Tenderers must provide evidence of their eligibility to Tender: Copy of Prequalification Certificate (one page) Quality Assurance Certification (required for Prequalification Levels A, B or C only) (one page) Tenderers Non-price Attributes Tenderers must provide <<<four (4)>>> identical copies of their non-price attribute submission. One copy must be marked original and the others marked copy. The non-price attribute submission must be on single sided A4 or A3 size pages of ordinary type (12 point Times Roman or similar typeface). A3 size paper shall be deemed to be two A4 pages, and shall be numbered accordingly. Pages in excess of the stated page limits, excluding the additional pages, will not be considered in the evaluation of tenders. The page limit includes all subcontractor attribute information. Additional pages may be included as follows: Title Page (one page) Covering Letter (one page but will not be considered as part of tender evaluation) Index (one page) CVs (two pages for each person nominated in the tender) Quality Assurance Certification (one page) Final PACE Assessment forms for any contract nominated under Track Record (five pages) Other Information consultant to state Tender Information Schedule Tender Tag and Clarification Statement (Note: Tenderers will be required to remove all Tags and/or clarifications included in Envelope 2) Completed and signed Tender Form Completed Schedule of Prices including electronic copy of completed schedule on CD (where requested). Other Information consultant to state Reference Page Limit

A <<Re move this Item A for Prequ alificat ion>>

IFT Section 4

25

B C

IFT Section 5 IFT Section 1

Unlimited Unlimited

D E F

Page TF 1 N/A

1 Unlimited

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4 Non Price Attributes


4. Non-price Attributes

4.1
4.1.1

Consistency with Statement of Interest and Ability


The Tenderer shall nominate in the Tender Information Schedule (section 7 of the IFT) the key subcontractors they will use to undertake parts of the Contract Works. Not more than one key subcontractor shall be nominated for any one part of the Contract Works. The use of key subcontractors other than those named in the Statement of Interest and Ability (SIA) may result in the disqualification of the tender unless NZTAs written approval has been obtained. <<Guidance Note: Only include last sentence if key subcontractors nominated in SIA.>> Personnel nominated in this section shall be consistent with those named in the Tenderers Statement of Interest and Ability submission. NZTA may allow the use of different personnel if the Tenderer can demonstrate good reason for the change and can offer an equal or better alternative. The Tenderer must have gained written approval from NZTA to do so during the interactive tender process. If NZTA believes the Tenderer has materially changed the composition of key personnel or resources so that the proposal is considered inferior, it may decline the tender.

4.1.2

4.1.3

4.2
4.2.1 4.2.2 4.2.3

Attribute Submission
<< Delete ALL non-purple clauses in this section if prequalification >> As this tender is to be let under Prequalification, non-price attributes are not required. The Tenderer shall provide information on the Non-price Attributes listed below. The Tenderer shall provide sufficient relevant information for each attribute for the contractor and proposed key subcontractors, to allow the Tender Evaluation Team (TET) to mark the attribute as provided for in the table below. Attribute Relevant Experience Track Record Relevant Skills Resources Methodology Price

4.3
4.3.1 4.3.2

Tenderer and Tenderers Subcontractor Information


The submission for each attribute shall clearly distinguish the attributes of the tenderer and the tenderers key subcontractor(s). The Methodology shall clearly define the role of each key subcontractor and the role of the main contractor for each key part of the Contract Works. The key parts of the Contract Works are:
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a) Earthworks; b) Piling; c) Structures; <<Guidance Note: Ensure this list is consistent with the factors identified on the Methodology marking form.>> 4.3.3 For the purposes of this contract, key subcontractors are defined as subcontractors proposed to undertake greater than 10% of the works (by value).

4.4
4.4.1

Relevant Experience
Tenderers must provide details for a total of <<<five>>> projects that demonstrate the suitability of their experience and that of their subcontractors to complete the Contract Works. At least <<<five>>> of the projects must be the same as submitted for Track Record. <<Guidance Note: only include if Track Record is selected>> Should the Tenderer 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 shall provide the following details for each project nominated for Relevant Experience: a) Project name, location, contract value and when the project was completed. b) The Engineers name, company and contact telephone number(s). For each factor the Tenderer must provide detail of the percentage of work carried out by their own directly employed labour and resources, and the percentage undertaken by subcontract. Tenderers shall provide the following details for each factor nominated for Relevant Experience. A separate table must be included for each factor: Relevance: Provide details of your relevant experience for the following factors on your nominated projects. Provide a description of the work carried out and its relevance to this tender Earthworks Safety Structures Environmental management Drainage Pavement and Surfacing Others Consultant to state <<Guidance Note: These are examples only, Consultant to nominate factors relevant to their project. Consultant to ensure the factors are appropriate for their project. Factors should be limited to the key 3-6 that are critical to the successful outcome of the project. >>

4.4.2 4.4.3

4.4.4

4.4.5

4.4.6

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Currency: For each factor, provide detail of when the work was carried out, or the % completed so far if still under construction. Scale: For each factor, provide detail of the value of the work carried out, or the value of work completed so far if still under construction.

4.5
4.5.1

Track Record
Tenderers must provide details for a total of <<<five>>> projects under construction or completed, that demonstrate their Track Record. Tenderers must provide the same information for their key subcontractors detailing successfully completed projects of a similar nature. Where a final PACE evaluation has been completed for a project, tenderers shall submit the PACE form with their tender submission. At least<<<five>>> of the <<<five>>> projects must be the same as submitted for Relevant Experience. Tenderers shall provide the following details for each project nominated for Track Record (any information provided for Relevant Experience does not have to be duplicated for Track Record): a) Project name, location, contract value and when the project was completed; b) The Engineers name, company and contact telephone number(s). The Tenderer shall supply names and current contact telephone numbers of <<two>> persons to act as referees. Referees shall be from the client organisation and/or the clients agent and 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. Identify which of your nominated project were joint ventures. Identify the JV partner(s) and the proportion and nature of the work undertaken by the Tenderers company. Identify which major portions of the work (i.e. greater than 10 percent of the contract value) were carried out by subcontractors.

4.5.2 4.5.3 4.5.4

4.5.5

4.5.6

4.6
4.6.1

Relevant Skills
Attach a curriculum vitae (CV) for each of the key positions identified on the Relevant Skills Tender Evaluation Marking Form(two pages per CV). The CVs need to demonstrate specific experience relevant to the position and should separately identify technical and managerial skills where relevant to the position. The Tenderer must state the percentage of time and over what duration each of the above nominated persons will be allocated to the contract and whether they will be based on or off the Site.

4.6.2

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4.6.3 The Tenderer must nominate the personnel listed on the Relevant Skills Tender Evaluation Marking Form and state (in no more than half a page per person) the key practical experience, qualifications and training of each.

4.7
4.7.1 4.7.2

Resources
The Tenderer must submit details of the resources to be provided for carrying out each of the key parts of the Contract Works and demonstrate its suitability for the activity. The Tenderer must submit details of the labour resources and backup that will be provided for each activity e.g. the number, experience and qualifications of plant operators and labourers. The Tenderer shall provide the following information for plant items listed: a) Information on the availability of backup plant; b) Age, condition and capacity of the plant; c) Details whether the plant is leased or partially owned or fully owned by the Tenderer.

4.7.3

4.8
4.8.1

Methodology
Tenderers must describe the methodology they will use to carry out the Contract Works on time and to the standards and requirements specified in the Contract Documents for those factors listed in the Methodology tender evaluation marking form. The methodology should highlight any special features of the way the Tenderer intends to work and their management of quality. It should also highlight how the Tenderer will manage the perceived significant risks. Provide an organisational structure for this contract showing how both internal and external staff relate. Also show which positions would have personnel dedicated on site, and which position will act as the Contractors Representative (as NZS 3910: 2003). Within this structure describe the communication links between key parties (management team, site staff, subcontractors, Engineer, Principal etc), and indicate the proportion of time each person will be dedicated to this contract.

4.8.2

4.8.3

4.8.4

Tenderers shall describe the measures taken in their programming of the works to avoid sealing activity in the winter period, and to ensure the timely completion of the works. Tenderers shall describe how progress against programme will be monitored to ensure programme slippage is identified early, and how it might be mitigated. NZTA seeks a no surprises financial management and reporting strategy. The Tenderers methodology shall describe how they would co-operate with NZTA to achieve this. In particular, Tenderers shall describe their proposed financial management and reporting methodology for this contract and their approach to minimising the risk to NZTA of additional costs, this being one of NZTAs key objectives. In addition to submitting the completed Contractors Health and Safety Management Information form, give a statement of your policy on health and safety including the training and welfare of staff at construction sites and your method for controlling on-site safety performance.
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4.8.5

4.8.6

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5. Tender Information Schedule

5.1
5.1.1

General
Tenderers shall complete the following Tender Information Schedule and Include in the Tender submission.

5.2
5.2.1 5.2.2

Proposed Subcontractors
The Tenderer must complete the following table about their proposed subcontractors. The tenderer must nominate any subcontractor proposed for the following works: <<<Guidance Note. The Consultant is to identify those works that are deemed high risk to the project.>>> a) <<< Consultant to state >>> b) <<< Consultant to state >>> c) <<< Consultant to state >>>
Proposed Subcontractor Type and Extent of Works to be Completed

5.3
5.3.1

Acknowledgement of Notices to Tenderers


The Tenderer must complete the following table listing the number(s) of the Notice(s) to Tenderers (NTT) they have received during the tender period.
NTT Numbers

5.3.2

The Tenderer must allow for the impact of changes resulting from the notices in their tender.

5.4
5.4.1

Proposed Construction Programme


The Tenderer shall attach an Outline Construction Programme in Gantt chart form identifying and sequencing all the key parts of the Contract Works. The programme shall, be based on the period(s) to be used for calculating the Due Date for Completion identified in clause 10.2.1 of the Special Conditions of Contract, show and link the relevant construction tasks, the critical path, and any activities that require additional information or decisions from the Engineer. The programme shall contain sufficient information to provide NZTA with confidence and reliability that the tenderer has a good understanding of the project requirements. The Due Date of Completion must be within <<<Consultant to enter date>>> to the <<<Consultant to enter date>>>. The date of possession of site shall be clearly identified by the Tenderer in the Outline Construction Programme. The identified date of possession of site shall be confirmed in the tender acceptance letter.

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<< Guidance Note: This provision to be considered only on Block Contracts which can be constructed within one construction season. Consultant to expand this section to include other contract specific requirements for inclusion in programme. The identified date of possession of site shall be confirmed in the tender acceptance letter. >>

5.5
5.5.1

Contractors Occupational Health and Safety Management Information


To facilitate legislative compliance, a safe working environment and industry best practice, NZTA needs to demonstrate that it has taken all practicable steps to ensure that contractors have implemented a systematic approach to safety management practices, and that they have appropriately trained employees. NZTA requires all contractors to meet or exceed the requirements of ACC Work Safety Management Practices (WSMP) or Partnership Programme at Secondary or Tertiary levels, and either: be registered with a NZTA approved Health and Safety (H&S) provider; or be accredited with a H&S system acceptable to NZTA, and meet or exceed the requirements of industry best practice.

The Tenderer shall complete and provide copies of the documents referred to in the form below, and submit with their tender. Tenders that do not include the information required below may be deemed to be nonconforming. Contractors Occupational Health and Safety Management Requirements
1. Please confirm which of NZTAs approved H&S providers you are registered with: Operate Safe: Stage 1 or higher (attach copy of certificate(s)); or QEST (attach copy of current audit certificate); or None of the above If you answered None of the above go to Section 2, otherwise go to Section 4.

2.

Please confirm which ACC WSMP or Partnership Programme you are registered with: ACC Secondary Level (attach copy of current audit certificate); or ACC Tertiary Level (attach copy of current audit certificate); or None of the above If you answered None of the above go to Section 3, otherwise go to Section 4.

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3. Please confirm which H&S system acceptable to NZTA you are registered with: Other accredited H&S Systems in conformance with NZS 4801 or ISO 18001 scoped to roading, construction, maintenance and other works that will be performed by your company on this contract: NZS 4801: In order to meet or exceed the requirements of ACC WSMP or Partnership Programme at Secondary or Tertiary levels, NZS4801 must be extended to include management of subcontractors (attach copy of current evidence-based audit certificate); or ISO 18001: In order to meet or exceed the requirements of ACC WSMP or Partnership Programme at Secondary or Tertiary levels, ISO 18001 must be extended to include New Zealands legal requirements for employee participation. (attach copy of current evidence-based audit certificate) Go to Section 4.

Declaration
4. I confirm our organisation will have H&S processes and systems in place for this contract and that our systems or system provider are committed to working towards industry best practice to continuously improve H&S outcomes within the civil sector. I authorise NZTA to discuss and verify our organisations stated H&S record with independent bodies (e.g. ACC, Dept of Labour, Operate Safe, QEST). Signed: Name: Date: Position:

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6. Tender Evaluation Procedure

6.1
6.1.1 6.1.2 6.1.3

Overview
Tenders for this contract will be evaluated using the Lowest Price Conforming Method. NZTAs procuedures for its implementation are outlined in the HNO Contract Procedures Manual (SM021). Only tenderers prequalified to the specified level are eligible to submit a tender.

6.2
6.2.1

Tender Evaluation Team


A Tender Evaluation Team (TET) has been nominated to evaluate the tenders for this contract. Expert advisors may be required to support and advise the TET during the evaluation. The Tender Evaluation Team (TET), formed to evaluate tenders, will be: Tender Evaluation Team (TET) Name, Position, Company >>>; (Leader) Name, Position, Company >>> Name, Position, Company >>>

6.2.2 6.2.3

Tenderers will be notified in writing of any changes to the TET. Tenderers who believe there is an actual or potential conflict of interest or risk of bias with a member of the TET may write to the Probity Auditor, outlining their concerns so that the appropriate action can be taken.

6.3
6.3.1

Tender Evaluation
The tender evaluation process shall consist of ranking prequalified tenders in ascending order based on price, and either awarding the contract to the lowest price conforming tender or, if appropriate, seeking a pre-award discussion with the preferred Tenderer.

6.4
6.4.1

Tender Evaluation Stage 1 (Price)


<<Delete clause and sub clauses if Prequalification Tender>> The first stage in the tender evaluation process shall consist of ranking acceptable tenders in ascending order based on price.

6.5
6.5.1 6.5.2

Tender Evaluation Stage 2 (Non-price Attributes)


<<Delete clause and sub clauses if Prequalification Tender>> The second stage in the tender evaluation process shall consist of determining tender acceptability when assessed against each of the non-price attributes. The TET will individually read and evaluate the non-price attributes of the lowest priced tenderer.

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6.5.3 For the evaluation of Relevant Experience, Track Record and Relevant Skills they will take into account: a) NZTA records of contracts the Tenderers have completed; b) Their personal knowledge of any of the Tenderers experience; c) Information from referees of other organisations the Tenderers have worked for. For the evaluation of the Tenderer's Resources attribute, the TET will take into account their personal views about the suitability of the Tenderer's resources to adequately undertake the work. For the evaluation of the Tenderer's Methodology attribute, the TET will take into account their personal views about best practice and the appropriate methodology to complete the contract works. The TET will meet to agree the lowest priced tenderers non price attribute mark. Expert advisors assistance will be requested as required. The TET will endeavour to reach a consensus. If the TET cannot reach a consensus, the TET Leader shall consider the teams attribute marks and decide the final attribute mark. Each attribute shall be marked on a pass/fail basis. Any attribute that scores a fail shall exclude that tender from further consideration. Determination of acceptability shall commence with the lowest priced tender and shall cease when the first conforming tender is determined.

6.5.4

6.5.5

6.5.6

6.5.7 6.5.8

6.6
6.6.1

Interviews
Interviews with individual Tenderers may be held during the evaluation period should any further clarification be required regarding the Tenderer's submission.

6.7
6.7.1 6.7.2

Pre-Letting Meeting
Following opening of the Price envelope and prior to contract award, NZTA may hold a pre-letting meeting with the preferred tenderer. Meetings will be convened by NZTA, who will involve their advisors on an as-required basis. The Tenderer is encouraged to include all key personnel, which would usually include the Tenderers owners representative, estimator, contractors representative (as defined in NZS 3910, Clause 5.2). A written evaluation report will be completed and submitted to the Principal. The pre-letting meeting should only be used to clarify the price and ensure the tenderer fully understands the scope of work. The preferred tenderer may be required to submit their methodology and other information to demonstrate they have sufficient capability to complete the works.

6.7.3 6.7.4

6.8
6.8.1

Tender Evaluation Report


The TET will prepare a tender evaluation report. NZTA will use this report in accepting and awarding the contract according to its contract administration procedures.

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6.8.2 6.8.3 The report will include recommendations regarding the preferred tender and Tenderer, and any applicable terms or conditions relating to the tender acceptance. If NZTA accepts the recommendation of the TET, it will either award the contract to the preferred Tenderer or, if appropriate, seek pre-award discussions with the preferred Tenderer.

6.9
6.9.1

Tender Evaluation: Base Estimate


The base estimate is an estimate based on the tender documents, where the consultant rates the schedule of prices. For transparency purposes, the base estimate is given below: Base Estimate: <<<$XXXXXX>>>

This includes schedule fixed amounts of: <<<$XXXXXX>>> 6.9.2 If the tenderers have any concerns regarding the accuracy of the base 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: a) Tenderers shall forward their comments on the accuracy of the base estimate directly to the probity auditor nominated in this IFT. b) The probity auditor shall pass the comments (without revealing the tenderers identity) to the Manager, Project Services. c) The Manager, Project Services will consider the information and, if deemed necessary, issue further instructions to tenderers before tenders close. The Manager, Project Services shall not reveal any price sensitive information to the TET.

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7. Tender Acceptance and Debriefing

7.1
7.1.1 7.1.2 7.1.3

Tender Acceptance
Should there be delays in the award process, NZTA will advise Tenderers whether or not their tender is still being considered. NZTA will write to the successful Tenderer at the earliest opportunity to inform them that their tender has been accepted. Where Tenders from 3 or more Tenderers are received, all Tenderers will be advised of the following: a) Name of the successful Tenderer; b) The tendered price of the successful tender; c) The names of all Tenderers; d) The tendered prices of all tenderers, in ascending order, and without linkage to the Tenderers identity In the event that less than 3 tenderers submit tenders, only the information described in clause 7.1.3 items a), b) and c) will be provided.

7.1.4

7.2
7.2.1

Tender Debriefing
Within two weeks of the contract award, tenderers may request a meeting with NZTAs consultant that includes at least one member of the Tender Evaluation Team. The purpose of the meeting will be to discuss the tenderers submission including in particular the adequacy of the submitted information and where applicable the scoring of Non-price Attributes. Other Tenderers tender submission information and details will not be disclosed. The discussions will be confidential and will not be formally minuted. .

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8. Tender Evaluation Marking Forms

8.1
8.1.1

Tender Evaluation Marking Forms


<<Delete clause and marking forms if Prequalification Tender>> The TET will use the following tender evaluation marking forms to evaluate each Tenderers Non-price Attribute submission.

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Relevant Experience
Projects Relevance
Pass / Fail

Form A
Currency
Pass / Fail

Scale
Pass / Fail

Tenderer

Relevant Experience Rating

TET Note: relevant experience relates to the company, not individuals, and should include relevant experience of key subcontractors, if appropriate.

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Track Record
Project Performance

Form B
Pass / Fail

Summary Rating Tenderer Track Record Rating

Evaluators Comments (Continue on Separate Sheet if Necessary)

TET Note: Track Record relates to the company, not individuals, and should include Track Record of key subcontractors. Where no Final PACE evaluation is in the Database, a PACE form shall be used when interviewing the referees. The TET may factor the Final PACE score and/or interviewed PACE score accordingly where a project nominated under Track Record is not consistent with referee checks and/or is contrary to the TETs knowledge and experience.

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Relevant Skills
Key Personnel Practical Experience

Form C
Qualifications and Training
Pass / Fail

Pass / Fail

Contract Director Contractors Representative (as NZS3910, Clause 5.2) Senior engineer (Earthworks) Senior engineer (Structures) Senior engineer (Pavement & Surfacing) Senior field supervisor (Earthworks) Quality Manager (responsible for preparing, implementing and managing CQP) Environmental Manager Certified Laboratory Personnel Safety Personnel Traffic Control Personnel Others Consultant to nominate

Tenderer

Relevant Skills Rating

TET Note: Relevant Skills relates to individuals, not the company, and should include relevant skills of key subcontractors if the positions listed are to be filled by subcontractors.

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Resources
Factors Earthworks Structures Pavement & surfacing Environmental Drainage Others Plant (Equipment and Facilities)
Pass / Fail

Form D
Labour
Pass / Fail

Tenderer

Resources Rating

Guidance Notes: Above are examples only. Consultant to nominate factors relevant to their project. Generally the factors will be the same as those used in Relevant Experience. The number of factors considered should be limited to 3-6 and be project specific. TET Note: Resources relates to the company, not individuals, and should include resources of key subcontractors if the factors listed are to be carried out by subcontractors.

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Methodology
Factor Organisational Structure Financial management and Reporting Construction Programme Temporary Works Structures Earthworks Environmental Liaison (Stakeholder consultation) QA (including systems used, testing methodology and procedures to rectify test failures) Management of Significant Risks Co-operative work environment Permanent stormwater management Miscellaneous Health and Safety Others Consultant to state Standard
Pass / Fail

Form E

Tenderer

Methodology Rating

Guidance Notes: Above are examples only. The Consultant is to nominate factors relevant to their project. Generally the key factors should be limited to 5-10 and be project specific.
Evaluators Comments (Continue on Separate Sheet if Necessary)

Note for TET: Methodology relates to the proposed method of carrying out the Contract Works, and should include methodology of key subcontractors where work is to be carried out by subcontractors.

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9 Tender Form
9. Tender Form

TENDER FOR:

Contract Number and Name

Tenders Secretary NZ Transport Agency Delivery Address City 1. I/We (the undersigned): (Hereinafter called the Tenderer) hereby offer to the NZ Transport Agency to make and execute the above-mentioned work in accordance with the drawings, specifications and conditions of contract for the sum (in words) of

$( 2.

) excluding GST

The Tenderer is/is not (delete as applicable) a registered person in terms of the Goods and Services Act 1985. The Tenderer's GST registration number is: The Tenderers current Prequalification Work Category(s) and Classification Level(s) The Tenderer understands that the NZ Transport Agency reserves the right to reject any or all tenders. <<Include for contracts with a base estimate of less than $50M>> The Tenderer understands that should they Opt-Out of NZTAs Principal Arranged Insurance (PAI) programme, prior to commencement of the contract works the winning Contractor must forward copies of their Contract Works and Public Liability insurance policies for NZTAs review and may be required to be amended should any policy not meet the contract document requirements. If satisfactory insurance policies are not put in place, then NZTA may at its option exercise its powers under Conditions of Contract Clause 8.5.7, and the Contract will be required to be included in the NZTA PAI programme. The Tenderer nominates the following as surety for any required performance bond, and/or optional bond in lieu of retentions specified in the Contract and upon request, shall furnish a certificate signed by the nominated surety that it will execute the bonds should the Tenderer be awarded the Contract Details Name Postal Address City Performance Bond Bond in Lieu of Retentions

3. 4. 5.

6.

Tenderers Signature Contact Name Postal Address Telephone No. Fax No: Email Address:

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