SM031 State Highway Construction Contract Proforma Manual Summary of Amendments 2011 Issue
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1 SM031 State Highway Cnstructin Cntract Prfrma Manual Summary f Amendments 2011 Issue Nte: Minr wrding amendments are nt always identified. Amendments General: Appendix H NEW ECI Trial Prfrma NEW: Early Cntractr Invlvement (ECI) Trial Dc name: Appendix H-ECI Trial H1-ECI-IFT (Infrmatin fr Tenderers) H2-ECI-PR (Principal Requriements) H3-ECI-CC (Cnditins f Cntract) Nte: This is a trial dcument t be viewed as a PDF. WORD DOCS available frm the Prcurement Team at Natinal Office Appendix H (Old) D&C Simple Wrks Nw included as part f the Appendix B suite f dcuments (ECI nw Appendix H) as: B1-D&C Simple Wrks-IFT-Trial 8-01MAR11 (nte: frmer Appendix B1 was SIA which is nw SIA Generic) Guidance Nte References Template Headers Frmat f Headers are cmplex and difficult t manage. The SIMPLEST way t avid prblems is set ut in a new guidance nte as fllws in all prfrmas. Specificatins And Access t Specificatin Index n web <<Imprtant Guidance nte: When preparing any part f this tender, dcument, if there are sectins/schedules that yu d nt require e.g. 12 th Schedule Cst Fluctuatins within the Cnditins f Cntract, t avid prblems with Headers, DO NOT DELETE thse headers and ensure that yu insert text at tp f page Sectin/Schedule X, Name the Sectin/Schedule, is nt required fr this cntract >>. NZTA are in the prcess f changing references t Specificatins frm TNZ t NZTA. e.g. TNZ T/3:1981 changed t NZTA T3:1981 e.g. SOMAC maintenance specs eg. RM9 will be referred t SOMAC 36 in the near future. Specificatins List and links can be fund n NZTA web-link and is a gd reference dcument when preparing RFTs and can assist bth Cnsultants and Cntractrs: 1
2 Principal Arranged Insurance (PAI) changes t IFT and CC as issued n 1 Nvember PAI CLAUSES MUST BE INCLUDED FOR ALL TENDERS WITH A CONTRACT BASE ESTIMATE <$50m. IT IS NOT THE PRINCIPAL S CHOICE WHETHER TO INCLUDE THESE CLAUSES OR NOT. IT IS THE CHOICE OF THE CONTRACTOR TO OPT-IN OR OPT-OUT OF PAI PAI Amendments: Refer t revised cnditins f cntract n the fllwing prtal Instructins fr Tendering (PAI) A1-A5 M&V, B1-D&C, B6-D&C Simple Wrks, C1-LS, E-Expedited, H1-ECI Trial Clauses Subject Cmment t t t t t Tag and Clarificatin Statement Additinal Clauses inserted fr Principal Arranged Insurance Tender Frm Tender Frm Additinal Wrding t include PAI requirements Cnditins f Cntract (PAI) A8-M&V, B4-D&C, B6-D&C Simple Wrks, C4-LS, E-Expedited, H3-ECI Trial 8.1 and 8.6 Cntract Wrks Insurance Inclusin f b) The Principal will insure Guidance ntes als included 8.3 and 8.7 Public Liability Insurance Inclusin f b) The Principal will insure Inclusin f Principal will insure $x amunt Guidance ntes als included Other Special Cnditins Additinal Special Cnditins f Cntract fr PAI : Cntractr liable fr deductibles and exclusins : Plicy wrding can be fund : Mtr Vehicle insurance Cntractr still respnsible under PAI if Opting In t the NZTA PAI Prgramme Schedules 7 th Cntract Wrks 8 th Public Liability Instructins fr Tendering - ALL Prfmas NEW Nte t include fr cntracts when PAI clause apply (e.g. when cntract base estimate is <$50M). Tender Evaluatin NPA and Evaluatin Frms Relevant Experience and Track Recrd (RE & TR) Please refer t IFT Sectin: Nn Price Attributes Clauses - Relevant Experience ADDED new clause as fllws: Shuld the Tenderer nminate less than the required number f prjects this will be taken as a deficiency in the attributes fr Relevant Experience and Track Recrd, and will be scred accrdingly. Where mre than the required number f prjects are submitted, nly the first nminated prjects fr Relevant Experience and Track Recrd will be cnsidered. - Track Recrd: ADDED t existing clause as fllws: Tenderers shall prvide the fllwing details fr each prject nminated fr Track Recrd (any infrmatin prvided fr Relevant Experience des nt have t be duplicated fr Track Recrd): 2
3 Instructins fr Tendering - ALL Prfmas Tender Evaluatin NPA and Evaluatin Frms Relevant Experience and Track Recrd (RE & TR) Nn Price Attributes Clauses cnt. DELETED Requirements t prvide details as fllws: - Management - Prductin - Health and Safety - Administratin Nte: This change t align with ther prfrmas as well criteria already included in referee checks Relevant Experience Frm - Nw have 2 x chices fr these new frms being: <$5M whereby factrs are nt included but rather based n Prject >$5M where by factrs and sub-weighting factrs still applies. In additin t this frm: Summary ratings nly required fr RE sub-attributes Currency and Scale. Nte: D&C and ECI prfrmas d nt have a chice f <$5M and therefre factrs apply and Summary ratings nly required fr sub-attributes Currency and Scale. Track Recrd Frm - Perfrmance % Weightings and terminlgy fr Price Quality Frms changed t match the perfrmance evaluatin weightings fr bth NZTA PACE frms and Prcurement Manual - eg: 36% t 49%: Needs Imprvement 60% t 70%: Requirements fully met Instructins fr Tendering A3 and A4-MV-PQM (Basic and Advanced), A5-MV-PQM Special B2-D&C, C2-LS, H1-ECI Trial Agreement f Nn-price Attribute Grades r NEW clause added in cmpliance with the Prcurement Manual as fllws: Where the tenderer des nt meet the minimum standard required f this RFT r a grade f <<35>> r less is awarded fr any nn-price attribute, the tender will be deemed nn-cnfrming and n further evaluatin will take place. Nte: Current clause has been deleted and replaced with abve fr the fllwing prfrmas: - A5-PQM Special; and - B2-D&C 3
4 Cnditins f Cntract A8-M&V, B4-D&C, B6 D&C Simple Wrks, C4-LS, E-Expedited, H3-ECI Trial Part A Mtr Vehicle third party liability insurance DEFAULT VALUE CHANGED Current value f $1,000,000 ($1M) increased t $5,0000,000 ($5M) Nte: $1M has been the default fr many years and the standard amunt prvided by mtr insurers varies between $5M and $10M fr bth persnal and cmmercial plicies. Part A (a) And Prfessinal Indemnity (PI) Insurance Duratin Added Guidance nte t Part A Clause (a) Deleted Clause relating t run-ff cver f PI insurance Guidance Nte ADDED t Clause (a) as fllws. <<Guidance Nte: Fr Lw Risk cntracts the PI level shuld be calculated at 5 x the design fee at a minimum amunt f $500k and maximum f $2M. Fr Prject Specific cntracts Insurance Levels must be reviewed and apprved by the Insurance Risk Sub VAC via Appendix XXIII f SM021 Manual (insurance@nzta.gvt.nz). Prject Specific cntracts are: 1) High Risk, OR 2) perid is greater than 3 years, OR 3) Cntract value is greater than $50M, OR 4) Bridge cnstructin cst is greater than $10M. Nte: ALL D&C and ECI cntracts must submit an Appendix XXIII.>> DELETED Clause (secnd amendment) relating t runff cver f PI insurance (Based n industry feedback). Clause referred t Services which is mre geared twards prfessinal services (Cnsultants) rather than the Cntractr. Clause cvers the PI Duratin sufficiently. Reviewed by NZTA Insurance brkers and Apprved by NZTA Insurance Risk Sub VAC. Nte: the fllwing (first amendment) t Clause remains: 8.4.1: Delete the wrds "5.1.3, 5.1.4, 5.6 and 7.1" and replace with "the Cntract Dcuments". 4
5 Cnditins f Cntract Schedule 12 A8-M&V, B4-D&C, C4-LS, H3-ECI Trial 12 th Schedule Cst Fluctuatins AMENDMENT: Refer t prfrma dcument fr clarity 12 th Schedule reviewed and endrsed by Rading NZ. Clause 3 amended as fllws: - Guidance nte added t Clause 3 in relatin t Prprtin fr Each Input Table as : <<Include the Twelfth Schedule where the cntract perid exceeds 12 mnths, and where Clause (c) f the Special Cnditins f Cntract has been chsen>> - Table nw includes NZTA Index fr: Cnstructin; and Bridges Clause 4 and 5 amended as fllws: 4 Cst fluctuatin prvisins shall be applied frm the cmmencement f the cntract perid. 5 Cnstructin Cst Fluctuatins are: Calculated n a quarterly basis in accrdance with this sectin. Payment claims fr cst fluctuatin adjustments may be submitted each mnth. Cnditins f Cntract - Other Cnditins t Cntract C4-Lump Sum Part A (g) Risks Specifically excepted are NEW (g) Clause expanded t read added: <<Include list>> and thse described in Clause 2.10 f the Special Cnditins Risk Allcatin NEW t prfrma - Refer t Manual. Risk Allcatin Clauses added t dve-tail with thse Specials included in the D&C cntract Nminated Subcntractrs NEW t prfrma - Refer t Manual. Clause added t dve-tail with thse Specials included in the D&C cntract Nminated Subcntractrs NEW. Clause added t dve-tail with thse Specials included fr D&C <<Guidance nte: Include if (a) selected>> Delete the wrds "5.1.3, 5.1.4, 5.6 and 7.1" and replace with "the Cntract Dcuments". 5
6 Prject Specificatin A6-MV-PS-Trial 2.7 Cntractrs Establishment Cnstructin infrmatin signs AMENDMENT Deleted reference t Appendix C t the State Highway Cntrl Manual and replaced with NZTA s Visual Identity Style Guidelines 13.1 Technical Requriements Clauses AMENDMENT Surface Rughness Measurements and Acceptance Testing t be in accrdance with NZTA Technical Memrandum TM Texture changed t Skid Resistance AMENDMENT as Specificatin nw updated clause nw refers direct t the Specificatin rather than having requriements within the Prject Spec. Nw reads as fllws: The surfacing shall meet the requriements specified in NZTA T10:2010 Skid Resistance Deficiency Investigatin and Treatment Selectin, and any ther subsequent amendments. Amendments t D&C Principal Requirements: B3a-D&C-PR 1.23 Cntractrs Establishment Cnstructin infrmatin signs AMENDMENT Deleted reference t Appendix C t the State Highway Cntrl Manual and replaced with NZTA s Visual Identity Style Guidelines Sectin 4 Design Criteria 4.4 Technical Requirements 4.5 Texture changed t Skid Resistance NEW 4.4 and 4.5 added t align with requriements develped fr the Prject Specificatin A6 4.4 Surface Rughness Measurements and Acceptance Testing t be in accrdance with NZTA Technical Memrandum TM7003 ; and 4.6 Skid Resistance as specified in NZTA T10 Amendments t D&C Principal Requirements: B3b-D&C-PR Appendices Appendix A A5 - Urban Design Criteria AMENDMENT t reference dcument: Urban Design Framewrk as prepared in the I&R phase changed t Urban and Landscape Design Framewrk (UDLF) 6
7 Update / n changes t ther SM031 Prfrmas Dcument/Prfma Ref Basis f Payment Appendices: A7-MV-BP B5-D&C-BP C3-LS-BP Appendix E - Expedited Dcument/Prfrma Name NO CHANGES - Fter referencing updated nly t match ther sectin fters that have had amendments. Nte: It is NZTA s intentin t review this Prfrma in 2011 due t Shrt Frm Cntract limit increasing frm $100k t $200k. Appendix D Full Delivery NO CHANGES MADE t full set f dcuments (D1 t D4 2008) Nte: It is NZTA s intentin t review this set f Prfrmas in 2011 t incrprate enhancements that have emerged ver recent years. Appendix F Public Private Partnership NO CHANGES Still under develpment (F-PPP 2008) Appendix G - Public Private Partnership NO CHANGES MADE t full set f dcuments (G1 t G6 2008) 7
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