Performance Specified Maintenance Contract Project Name Transit Contract No. Contract Number

Transcription

1 Performance Specified Maintenance Contract Project Name Transit Contract No. Contract Number Contract Number & Name SM032 App C2: 16 February 2003 SM032 Appendix C2-PSMC-BP Issue 2.doc Page SP 1 Printed 28/02/05

2 Tender Form TENDER FOR: Tenders Secretary Transit New Zealand Street Address CITY Performance Specified Maintenance Contract Number and Name 1. I/We (the undersigned): (1) (the undersigned) do hereby tender the lump sum (in words) of New Zealand Dollars NZ$( ) excluding Goods and Services Tax, for the delivery of the Services in accordance with and as described in the Tender Documents 2. We agree that Transit New Zealand s invitation to bid is not an offer and there will be no binding agreement between us and Transit New Zealand until Transit New Zealand has executed the formal Contract. 3. We understand and accept that Transit New Zealand may not accept any tender which does not overcome the Award Hurdle as defined in Instructions for Tendering, Clause 1.7 of the Tender Documents and that Transit New Zealand reserves the right to withdraw from the tender process at any time without notice. 4. We acknowledge that Transit New Zealand has reserved to itself certain rights and discretions under the Tender Documents and we assume, at our sole cost, the risk that Transit New Zealand may at any time exercise any of those rights and discretion. Accordingly, we shall not have any rights against Transit New Zealand arising from the exercise by Transit New Zealand of its rights and discretions and will not make any claim arising therefrom. 5. Should this offer be accepted we agree to execute the Contract Agreement immediately it is sent to us for execution. We further understand that no payment will be made until the Contract Agreement is signed by us without significant amendment. 6. We nominate: as surety for the due performance of the Contract and have furnished Tender Information Schedule 7.2 signed by the nominated surety to the effect that it will execute the bond should we be awarded the Contract. 7. Should this offer be accepted we undertake to execute, and have executed by the surety, a bond in accordance with the Conditions of Contract. Contract Number & Name SM032 App C2: 16 February 2003 SM032 Appendix C2-PSMC-BP Issue 2.doc Page SP 2 Printed 28/02/05

3 Tender Form Authorised Signature (2) Date Contact Name Postal Address Delivery Address Telephone No: Fax No: (1) Where the tender is made on behalf of a registered company, the full registered name of the company is required to be inserted (2) A person signing on behalf of a company must be authorised by the company to represent their interests in this matter. Joint parties must each sign. For other intercompany arrangements this Tender Form shall be completed by a duly authorised party. Contract Number & Name SM032 App C2: 16 February 2003 SM032 Appendix C2-PSMC-BP Issue 2.doc Page SP 3 Printed 28/02/05

4 Performance Specified Maintenance Contract Project Name Transit Contract No. Contract Number SM032 Appendix C2-PSMC-BP Issue 2.doc Page BP 1 Printed 28/02/05

5 Table of Contents Basis of Payment 1. SERVICES Services 3 2. DAYWORKS Rates and Prices Professional Services Personnel Physical Works Personnel Plant and Equipment Materials Open Book Philosophy 6 3. ADJUSTMENTS Cost Fluctuation 7 SM032 Appendix C2-PSMC-BP Issue 2.doc Page BP 2 Printed 28/02/05

6 1 Services 1. Services 1.1 Services The tendered lump sum must include all costs associated with provision of the Services including, but not limited to: a) bringing the Assets up to Contract Standards, and maintaining them so that all Performance Criteria are achieved b) management of all risk not specifically allocated to the Principal c) Incident Response The tendered lump sum will not be changed by increases in quantities or changes to the quality of materials used, programme of work, labour expended or plant operated to complete the Services. Payment will be made in equal monthly instalments for each month the Assets are maintained according to the Maintenance Specification, with adjustments at appropriate times for: a) cost fluctuation (see Basis of Payment, Clause 3.1) b) other provisions under the Contract SM032 Appendix C2-PSMC-BP Issue 2.doc Page BP 3 Printed 28/02/05

7 2 Dayworks 2. Dayworks 2.1 Rates and Prices Rates and prices applying to Dayworks under Conditions of Contract, Clause , shall be agreed by the Management Board. While the Management Board may use any means available to determine these rates and prices the following shall be considered: a) that the rates and prices will be used to value Dayworks b) that the rates and prices may be used to value variations that: change the Contractor s maintenance programme in accordance with the Principal s suggestions or requirements change the Performance Criteria handover additional sections of highway or completed construction projects to the Contractor handover sections of the Assets to other authorities (e.g. Councils) remove a section of the Assets temporarily remove a section of the Assets to facilitate capital and other works projects by another party c) the requirements of Basis of Payment, Clauses 2.2, 2.3, 2.4 and 2.5 d) the quantities and duration of activities for which the rates and prices shall be deemed to apply Payment will be made only for those additional works and services Directed in writing by the Superintendent for which the required records have been submitted in accordance with Conditions of Contract, Clause Payment for Dayworks will be made on a dayworks basis. 2.2 Professional Services Personnel The hourly rate for professional services personnel will be paid for the total hours worked. The total hours worked: a) are defined as the hours when the person is working with other resources, if appropriate, so the operation is performed with maximum efficiency b) does not include the time when the person is having breaks or is unavailable SM032 Appendix C2-PSMC-BP Issue 2.doc Page BP 4 Printed 28/02/05

8 2 Dayworks The hourly rate shall fully compensate for: i) the Contractor's profit, on-cost supervision, all insurances, statutory charges, levies, bonuses, incentives, public holidays, sick pay and holidays with pay and allowances; and ii) accommodation, sustenance and travelling costs, protective clothing and safety equipment, small tools and light plant, all clerical, office and other overhead and incidental costs. 2.3 Physical Works Personnel The hourly rate for physical works personnel will be paid for the total hours worked. The total hours worked: a) are defined as the hours when the person is working with other resources, if appropriate, so the operation is performed with maximum efficiency b) does not include the time when the person is having breaks or is unavailable or is returning to depots at the end of each working day The hourly rate shall fully compensate for: i) the Contractor's profit, on-cost supervision, all insurances, statutory charges, levies, bonuses, incentives, public holidays, sick pay and holidays with pay and allowances; and ii) accommodation, sustenance and travelling costs, protective clothing and safety equipment, small tools and light plant, all clerical, office and other overhead and incidental costs. 2.4 Plant and Equipment The hourly rate for plant and equipment (plant) will be paid for the number of hours each item of plant was used. The total hours worked is defined as the hours when the plant: a) is working with other resources, if appropriate, so the operation is performed with maximum efficiency b) is being established or disestablished under its own power to or from the nearest depot, or its previous work site, or the Limit of Works, whichever is the closer (unless it is cheaper to establish or disestablish the plant by other means) SM032 Appendix C2-PSMC-BP Issue 2.doc Page BP 5 Printed 28/02/05

9 2 Dayworks c) is being loaded on to trucks and transporters d) has idle time of less than 10 minutes in any one hour The total hours worked must not include the time when: i) the plant is not working. This includes periods when the plant is broken down, being serviced, fuelled etc., or transported other than under its own power ii) there is idle time in excess of 10 minutes in any one hour The hourly rate shall fully compensate for the Contractor's profit, all insurances, statutory charges, levies, vehicle registration, fuel, consumables, repairs, maintenance, establishment charges, standby costs, plant associated facilities, storage, protective equipment, and all clerical, office and all other overhead and incidental costs. The hourly rate must exclude the cost of the driver or operator irrespective of whether the plant is owned, hired or leased. 2.5 Materials Material prices shall be established at the time of requirement using market trade rates delivered to site. The percentage on-cost applies to the net invoiced cost of materials and must include the costs of storage, handling, protection, insurance, overhead charges and profits. 2.6 Open Book Philosophy In the event of disagreement with respect to a claim for additional works that do not form part of the Services, the parties through mutual agreement consistent with partnering, shall use first principles for substantiating the claim. This may mean the Contractor shall make available to the Superintendent, on a reasonable basis, it s pricing information. Commercial and price sensitive information provided by the Contractor to the Superintendent will be treated with the utmost confidentiality. SM032 Appendix C2-PSMC-BP Issue 2.doc Page BP 6 Printed 28/02/05

10 3 Basis of Measurement and Payment 3. Adjustments 3.1 Cost Fluctuation Cost fluctuation shall: i) not apply between the Commencement Date and 30 June Year Guidance Note: Cost fluctuation should not apply for at least the first 12 months of the Contract ii) be applied each financial year (1 July to 30 June) from 1 July <<Year from Clause 3.1 i) above>> for the duration of the Contract iii) be paid as equal quarterly instalments over each year cost fluctuation is to be applied, beginning 30 September Calculation The amounts payable by the Principal, to the Contractor under the Contract shall be adjusted up or down by amounts calculated in accordance with the following formula: a(w W ) b(b B ) c(c C ) d(t T ) e(r R ) A = V W B C T R f(f F ) g(g G ) + F G Where: The sum given by the equation in square brackets shall be rounded to four decimal places before final multiplication with total lump sum instalments for the year under consideration, V. A = Total cost fluctuation adjustment for the year under consideration. V = Total lump sum instalments for the year under consideration, subject to Basis of Payment, Clause 3.1.2, excluding the cost fluctuation adjustment. W = Labour Cost Index - All Salary and Wage Rates: All Sections Combined, All Industries Combined published by Statistics New Zealand for the quarter within which May falls immediately prior to the year under consideration. B = Bitumen Price Index - calculated as the greater of the monthly Transfund New Zealand bitumen price index averaged over: the year from July to June; or the six month period from October to March immediately before the year for which cost fluctuation is being considered. SM032 Appendix C2-PSMC-BP Issue 2.doc Page BP 7 Printed 28/02/05

11 3 Basis of Measurement and Payment C = Producers Price Index Inputs - Industry Group E Construction, published by Statistics New Zealand for the quarter within which May falls immediately prior to the year under consideration. T = Producers Price Index Inputs - Industry Group I Transport and Storage, published by Statistics New Zealand for the quarter within which May falls immediately prior to the year under consideration. R = Producers Price Index Inputs - Industry Group I01 Road Transport, published by Statistics New Zealand for the quarter within which May falls immediately prior to the year under consideration. F = Farm Expenses Price Index - All Farms - Fuel published by Statistics New Zealand for the quarter within which May falls immediately prior to the year under consideration. G = Producers Price Index Inputs - Industry Group C12 Non-Metallic Mineral Products, published by Statistics New Zealand for the quarter within which May falls immediately prior to the year under consideration. W, C, T, R, F, G = As defined for W, C, T, R, F, G respectively, but applying for the quarter during which <<Month Year in which tenders closed>> fell. B = The average monthly Transfund New Zealand bitumen price index over the period <<six months prior to the close of tenders>> a, b, c, d, e, f, g = The proportions of inputs W, B, C, T, R, F, G respectively in the contract. For the avoidance of doubt, the first cost fluctuation instalment will be paid in the year from 1 July <<Year from Clause 3.1 i) above>> to 30 June <<Year following year in Clause 3.1 i) above>>. Payment will be based on: i) the greater of the monthly Transfund New Zealand bitumen price index averaged over: the year from July <<Year prior to year in Clause 3.1 i) above>> to June <<Year from Clause 3.1 i) above>>; or the six month period from October <<Year prior to year in Clause 3.1 i) above>> to March <<Year from Clause 3.1 i) above>> ii) the value of all other indices in the quarter in which May <<Year from Clause 3.1 i) above>> falls SM032 Appendix C2-PSMC-BP Issue 2.doc Page BP 8 Printed 28/02/05

12 3 Basis of Measurement and Payment A quarter of the value of the total cost fluctuation adjustment for the year 1 July <<Year from Clause 3.1 i) above>> to 30 June <<Year following year in Clause 3.1 i) above>>, A/4, will become due for payment on 30 September <<Year from Clause 3.1 i) above>>, 31 December <<Year from Clause 3.1 i) above>>, 31 March <<Year following year in Clause 3.1 i) above>> and 30 June <<Year following year in Clause 3.1 i) above>> respectively Further Specification The proportions of each input, represented by a, b, c, d, e, f and g in Basis of Payment, Clause 3.1.1, shall be one of the following indices: Proportion of Each Input in Index Index Weekly Wage Rate, a Bitumen, b Construction, c Transport and Storage, d Road Transport, e Fuel and Oil, f Non-Metallic Minerals, g Maintenance Index Plant Index Labour Index Guidance Note: The proportions for the Maintenance Index in the above table have been developed in conjunction with tenderers from previous PSMCs to approximate the distribution of the Contractor s costs across the indices. These proportions do not agree with those specified in the Transfund New Zealand Competitive Pricing Procedures Manual Volume 1: Physical Works & Professional Services. The Maintenance Index shall be used unless the services provided under a specific variation or Dayworks consisted entirely of plant or labour, in which case the Plant Index and Labour Index respectively may be applied to that variation or Dayworks at the discretion of the Management Board. For the purpose of calculating the cost fluctuation adjustment in Basis of Payment, Clause 3.1.1, any payment items which are based on actual cost, current prices or agreed rates applicable at the time and any advances shall be excluded from the calculation. No other cost fluctuation adjustment will be made by reason of any inaccuracy in the proportions of inputs specified. The Contractor shall not be entitled to claim or have deducted any cost fluctuation adjustment for any further changes in indices or costs that occur after the Termination Date. SM032 Appendix C2-PSMC-BP Issue 2.doc Page BP 9 Printed 28/02/05

13 3 Basis of Measurement and Payment The indices to be used in the calculation of fluctuation shall be those first published by the Statistics New Zealand for the appropriate quarter. 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. If at any time any of the indices referred to in Basis of Payment, Clause are no longer published by Statistics New Zealand or Transfund New Zealand, or if the basis of any index is materially changed, the adjustment shall thereafter be calculated using such other index or in such other manner, as will fairly reflect the changes previously measured by that index. SM032 Appendix C2-PSMC-BP Issue 2.doc Page BP 10 Printed 28/02/05