Waikanae Creek Pedestrian Bridge Construction

Transcription

1 Contract EW13/15 Waikanae Creek Pedestrian Bridge Construction Type of Contract: Physical Works

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3 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION C O N T E N T S ADVERTISEMENT(S) (1 pages) TENDER DOCUMENTS (12 pages) FORM OF TENDER PREAMBLE TO SCHEDULE OF PRICES SCHEDULE OF PRICES PREAMBLE TO SCHEDULE OF DAYWORKS RATES SCHEDULE OF DAYWORKS RATES SCHEDULE OF PLANT AVAILABLE SCHEDULE OF MATERIALS SCHEDULE OF PROPOSED SUB-CONTRACTORS SCHEDULE OF TENDERER S CURRENT COMMITMENTS SAFETY DECLARATION FOR CONTRACTORS 1.0 CONDITIONS OF TENDERING (4 pages) 2.0 CONDITIONS OF CONTRACT (24 pages) 2.1 GENERAL CONDITIONS OF CONTRACT 2.2 SCHEDULES FIRST : SPECIAL CONDITIONS OF CONTRACT PART A SPECIFIC CONDITIONS OF CONTRACT PRJ August 2013 Contract EW13/20 ALFRED COX PARK/AWAPUNI SCHOOL CYCLE AND WALKWAY

4 CONTRACT EW13/20 PAGE 2 PART B OTHER CONDITIONS OF CONTRACT SECOND : FORM OF CONTRACT AGREEMENT THIRD : FORM OF CONTRACTOR S PERFORMANCE BOND FOURTH : FORM OF PRINCIPAL S BOND FIFTH : FORM OF CONTRACTOR S BOND IN LEIU OF RETENTIONS SIXTH : FORM OF PRODUCER STATEMENT CONSTRUCTION SEVENTH : INFORMATION AS TO CONTRACT WORKS INSURANCE EIGHTH : INFORMATION AS TO PUBLIC LIABILITY INSURANCE NINTH : INFORMATION AS TO CONTRACTOR S CONSTRUCTION MACHINERY INSURANCE TENTH : INFORMATION AS TO CONTRACTOR S MOTOR VEHICLE INSURANCE ELEVENTH : INFORMATION AS TO CONTRACTOR S PROFESSIONAL INDEMNITY INSURANCE 2.3 ANNEXURES A : COST FLUCTUATION ADJUSTMENT B : GENERAL CONDITIONS APPLYING TO PRINCIPAL S BOND C : SUPPORTING INFORMATION D : TRAFFIC CONTROL E : OCCUPATIONAL HEALTH AND SAFETY F : CONSENTS AND LICENCES WHICH WILL BE OBTAINED BY PRINCIPAL G : GUARANTEES TO BE PROVIDED BY CONTRACTOR H : PERFORMANCE REPORT 3.0 SPECIFICATIONS (17 pages) 3.1 General Specifications Location of Contract Scope of Work Standard Specifications and Publications Hold Points Drawings Plans to be kept on Job Contractor to Inspect Site Consents Programme of Work Weekly Reports Site Establishment Site Clearing and Tidying on Completion Contract Quality Manager Contractor s Representative Existing Services Accessibility of Contractor Access by Others Health and Safety Safety Protective Clothing Accident Reporting Working within a Hazardous Site Protection of Public and Private Property and Services Workmanship Dust Control, Noise Control and Hours of Work Quality Management

5 CONTRACT EW13/20 PAGE General Quality Plan Quality Plan Requirements Job Inspections During Works On Completion or During Period of Defects Liability Reimbursements Contract Meeting Progress Payment and Final Claim Monthly Progress Claim Final Claim As-Built Information Practical Completion/Defects Liability Certificate Completion of the Contract Works Period of Defects Liability Statements to the Media Archaeological Discoveries Working Alongside Railway Geotechnical Report Materials Public Notification 3.2 TECHNICAL SPECIFICATION General Items Establish, Disestablish and Clean Up on Completion Survey and Setting Out Relocation of Services (Provisional Sum) Quality Assurance Testing & Checking Prepare and Implement Quality Plan Provide Quality Assurance Testing Site Clearance & Earthworks Strip topsoil to stockpile Excavate for concrete work Respread topsoil Bridge Foundations Boreholes to Founding Depth (Provisional Item) Driven Steel UC Section Piles Reinforced Concrete Abutments Bridge Superstructure Rock Rip Rap General Grading for Rock Rock Rip-Rap Placement 4.0 BASIS OF PAYMENT (4 pages) 4.1 General Establishment, Dis-establishment and Clean-up on Completion Survey and Setting Out Relocation of Service (Provisional Item) 4.2 Quality Assurance Testing and Checking Prepare and Implement Quality Plan Provide Quality Assurance Testing 4.3 Site Clearance and Earthworks Strip topsoil to stockpile

6 CONTRACT EW13/20 PAGE Excavate for concreting work Respread topsoil 4.4 Bridge Foundations Borehole to Proof Papa Level (Provisional Item) Establish piling rig on site Install 310UC118 Columns to 12.5m depth Drive Pile 310UC118 Columns Deeper than 12.5m (Provisional Item) 4.5 Reinforce Concrete Abutments Railwy Side Abutment Supply and Place 40 Mpa Concrete Supply and Place reinforcig Steel 4.6 Superstructure Construction Supply and Install Timber Footbridge 4.7 Rock Rip Rap Place Rock Protection Below Abutments (Incl. Filter Fabric) 4.8 Contingencies (Provisional Item) 5.0 APPENDICIES (29 pages) 5.1 Specification for Normal Concrete 5.2 Specification for Steel H Piles 5.3 Glue Laminated Timber Specification 5.4 PS1 Producer Statement 6.0 DRAWINGS (5 pages)

7 10 September 2013 Newspaper/s: Gisborne Herald Order No Section: Tenders Insertion dates: Thursday, 12 September 2013 Saturday, 14 September 2013 Waikanae Creek Pedestrian Bridge Construction Contract Nº EW13/15 Tenders are invited for the construction of a 22m single span laminated timber footbridge crossing Waikanae Creek near the abandoned BMX track at the end of Alfred Cox Park. Abutments are reinforced concrete on driven UC piles. Tender documents are available from Customer Service at the address below and on our website. A document fee will not apply. Tenders close 1pm Wednesday 2 October 2013.

8 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION TENDER DOCUMENTS

9 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION FORM OF TENDER I/We (the undersigned) hereby tender for CONTRACT Nº EW13/15 for WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION I/We confirm that we have inspected the site and examined the Tender Documents for the abovementioned works. Our tender is for the sum of: ($ ) (GST exclusive). Attached is a completed Schedule of Prices showing how we have calculated our tender sum. The % for on site overheads is The % for off site overheads and profit is % (Cl of the General Conditions) % (Cl of the General Conditions) The rate per working day is $ /day (Cl of the General Conditions) The variation processing fee is (subject to a ceiling: see Special Conditions of Contract) % (Cl of the General Conditions) Except as otherwise specified, this tender includes the supply of all plant and labour, the purchase and procurement of all materials and the performance of all services necessary to construct, complete and maintain the Contract Works described in the Drawings and Specifications. Unless and until a formal Agreement is prepared and executed, this Tender, together with written acceptance thereof, shall constitute a binding agreement between me/us. I/We further understand that no payment will be made until the Contract Agreement is signed by both Parties and, if successful, we will sign without delay. This tender is open for acceptance by the Principal for the period as stated in the Conditions of Tendering; otherwise for a period of 30 days from the closing date for tenders. I/We enclose herewith a cheque for the sum of $NIL being the required tender deposit. I/We acknowledge the receipt of the following Notices to Tenderers: (Circle all those received) Dated this day of 20

10 2 Tenderer's Name Tenderer's Signature Telephone: Tenderer's Designation Mobile: Fax: For and on behalf of: (Name of Firm) (Address of Firm) (GST Registration No.)

11 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION PREAMBLE TO SCHEDULE OF PRICES 1. The Schedule of Prices forms part of this contract and shall be read in conjunction with the Tender, the General and Special Conditions of Contract, the Specifications and the Drawings. 2. The unit rates are to be applied to the quantities cited to form the amount. 3. A price or rate shall be entered against each item in the Schedule, whether quantities are stated or not. Items against which no price is entered shall be considered to be covered by the other rates and prices in the Schedule. 4. Further to Conditions of tendering Clause an electronic copy of the Schedule of Prices is now available to tenderers. This electronic copy of the Schedule of Prices will be provided on request to all who have uplifted tender documents and can be obtained from the Consultant s representative (angela.jones@opus.co.nz) via . The Schedule of Prices is in Excel format and Tenderers will be able to enter their rates into relevant unlocked cells. Tenderers must use either the electronic Schedule or the appended copy of the Schedule contained in the Tender Documents.

12 GISBORNE DISTRICT COUNCIL CONTRACT No. EW13/15 CONTRACT FOR: Waikanae Creek Pedestrian Bridge Construction SCHEDULE OF PRICES (GST Exclusive) Item Description Quantity Unit Rate Amount 1 General Items 1.1 Establish, disestablish and clean up on completion 100% LS 1.2 Survey and setting out 100% LS 1.3 Relocation of services (Provisional Sum) 100% PS , Quality Assurance Testing & Checking 2.1 Prepare and implement Quality Plan 100% LS 2.2 Provide quality assurance testing 100% LS 3 Site Clearance and Earthworks 3.1 Strip topsoil to stockpile 4 m3 3.2 Excavate for concreting work 16 m3 3.3 Respread topsoil 4 m3 4 Bridge Foundations 4.1 Borehole to proof Papa level (Provisional Item) 100% LS 4.2 Establish piling rig on site 100% LS 4.3 Install 310UC118 Columns to 12.5m depth 5 EA 4.4 Drive piles 310UC118 columns deeper than 12.5m (Provisional Item) 5 m 5 Reinforced Concrete Abutments 5.1 Railway side abutment Page 1

13 5.1.1 Supply and place 40MPa concrete (incl formwork) 3.6 m Supply and place reinforcing steel 330 kg 5.2 Alfred Cox Park side abutment Supply and place 40MPa concrete (incl formwork) 2.8 m Supply and place reinforcing steel 250 kg 6 Superstructure Construction 6.1 Supply and Install Timber Footbridge 100% LS 7 Rock Riprap 7.1 Place rock protection below abutments (incl. filter fabric) 35 m3 8 Contingency Item 100% PS 8.3 Maintain grass (incl. watering) LS 100% 9 Contingency Item PS 100% 10, , TOTAL (GST Exclusive) Carried to Form of Tender Page 2

14 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION PREAMBLE TO SCHEDULE OF DAYWORKS RATES 1. This Schedule of Dayworks Rates forms part of this contract and shall be read in conjunction with the Tender, the General and Special Conditions of Contract, the Specifications and the Drawings. 2. A rate shall be entered against each and every item in the Schedule, irrespective of whether the plant is included in the Schedule of Plant Available. 3. Any item of plant included in the Schedule of Plant Available, which is not covered by one of the categories given shall be specified under Other miscellaneous plant and a rate included.

15 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION SCHEDULE OF DAYWORKS RATES (GST Exclusive) Plant Item Comment Year Make/ Model Capacity/ Weight Rate (Working) Labour (not associated with operating plant) (a) Foreman (b) Labourer

16 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION SCHEDULE OF PLANT AVAILABLE 1. The Tenderer shall insert on the form below all plant which will be available for exclusive use on this contract should the company be awarded the contract. 2. The plant commitment made on this schedule may be taken into account when assessing attribute 4. Appropriate Resources on the Schedule of Supporting Information. Plant Item Comment Year Make/Model Capacity/ Weight 9. Other Plant (state)

17 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION SCHEDULE OF MATERIALS The Tenderer shall insert on the form below the source and grading of materials on which the tender is based. Item Description Unit Rate Source Note: Above rates are GST exclusive

18 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION SCHEDULE OF PROPOSED SUB-CONTRACTORS It is proposed to employ the following sub-contractors on this contract: Sub-Contractor s Name Work to be Undertaken Value of Work and these names are submitted for approval as required by Clause of the Conditions of Contract. With respect to Section 4 of the General Conditions of Contract, all material suppliers are deemed to be sub-contractors.

19 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION SCHEDULE OF TENDERER S CURRENT COMMITMENTS Tenderer's Current Work The Tenderer shall list current work being carried out by the Tenderer at the date of submitting the attached tender: Principal Project Name Contract Value Completion Date Outstanding Tenders The Tenderer shall list outstanding tenders for which advice of acceptance is awaited at the time of submitting the attached tender: Principal Project Name Approximate Contract Value Completion Date

20 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION SAFETY DECLARATION FOR CONTRACTORS 1. I the undersigned as THE CONTRACTOR will take all necessary precautions in connection with any work for Council in order to ensure the safety, health and welfare of the personnel of THE CONTRACTOR and third parties. I acknowledge Council has a strong commitment to safety and confirm I have read, agree with, and support Council's safety requirements (appended). 2. Any failure by THE CONTRACTOR to comply with the safety requirements will be regarded as a breach of contract. GISBORNE DISTRICT COUNCIL shall be entitled to immediately suspend THE WORK at THE CONTRACTOR'S expense until any such failure has been remedied. 3. GISBORNE DISTRICT COUNCIL have identified the following hazards : Vehicular traffic (including trains) Construction plant and machinery Underground and overhead services Noise Steep, slippery or uneven terrain Stream or other waterways Dust Potential vandalism or break-ins 4. In addition to the above hazards identified by GISBORNE DISTRICT COUNCIL, I identify the following hazards : FULL NAME : SIGNED : DATE : TRADING NAME :

21 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION 1.0 CONDITIONS OF TENDERING

22 1.0 Conditions of Tendering Page CONDITIONS OF TENDERING The conditions of tendering shall be NZS3910:2003 : Conditions of Contract for Building and Civil Engineering Construction : CONDITIONS OF TENDERING, except where modified below: SCHEDULE TO CONDITIONS OF TENDERING Contract for EW13/15: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION The conditions of tendering are those set out in NZS 3910:2003. Clause numbers refer to conditions of tendering clauses Delete and replace with: A document fee is not required on uplifting tender documents (a) An appointment to view the Site shall be made (b) No appointment need be made to view the Site Add: Questions in relation to the tender documents shall be conveyed in writing to: The Group Manager Engineering and Works Gisborne District Council Attention: Ms Kylie Cranston By 1pm five days before tender closing date Delete and replace with: Tenders shall be based on the Tender Documents and will be interpreted as relating to the Tender Documents unless clearly endorsed otherwise. Tenders submitted subject to endorsement will be considered accordingly Delete and replace with: Tenders will close at the Gisborne District Council s Administrative Office, Fitzherbert Street (PO Box 747), Gisborne at 1pm on Wednesday 2 October Tenders are to be enclosed in a sealed envelope addressed to: The Tender Box Gisborne District Council PO Box 747 Gisborne The envelope (and courier pack, if applicable) shall be marked in the top left hand corner: Tender for Contract EW13/15: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION The tender deposit is to be included in the tender envelope Delete and replace with: However delivered the tender must be at the place for closing before the closing time. Late tenders, faxed or ed tenders will not be accepted. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

23 1.0 Conditions of Tendering Page Delete and replace with: Tenders shall be fully completed on the Form of Tender and extra copy of the Tender Schedules provided and shall include: (a) Form(s) of Tender including GST registration number if applicable. (b) Tender deposit (c) Schedules of Prices (and summary where applicable) (d) Schedule of Dayworks Rates (e) Schedule of Plant Available (f) Schedule of Materials (g) Schedule of Proposed Sub-Contractors (h) Schedule of Tenderers Current Commitments (i) Safety Declaration for Contractors (j) Information in accordance with the Schedule of Supporting Information (k) Proposed Surety for Contract Bond (if applicable) (l) The % for on site overheads (m) The % for off site overheads and profit (n) The rate per working day to be used where applicable (o) Key information on the insurance cover which the Contractor proposes to provide The tender deposit shall be $NIL lodged with the tender by crossed cheque made payable to the Gisborne District Council. If a tenderer withdraws his tender at any time within the tender validity period and prior to acceptance, the tender deposit shall be forfeited. The Contractor s deposit shall be refunded with the first progress payment. Other deposits will be returned within either ten days of acceptance, or within one month of the closing date, whichever is earlier. The deposits will be held in trust by the Engineer, and no interest will be payable Delete and replace: If the tender contains any error in extension of unit rates or in summation of items such as to vary the tendered sum, and the Principal or its agent becomes aware of the error prior to acceptance of any tender, then the Principal or its agent shall draw the error to the attention of the tenderer whose tender contains the error. The Principal or its agent shall adjust the unit rates after consultation with the tenderer to agree with the tendered sum as shown on the Form of Tender. The adjusted rates shall become the contract rates for payment. If agreement cannot be reached, then the tender may be rejected Add new clause: Tenders will be opened in public at the Council s Administrative Centre, Fitzherbert Street, Gisborne at 1pm on the closing date Add: If the tendered schedules contain any item where no rate or extension has been inserted by the tenderer, it shall be assumed that the inserted rate is nil and that the tenderer has included the costs of undertaking this item in the other inserted rates Add: Where only one conforming tender is received, the tendering authority may negotiate with the tenderer but shall not accept a negotiated price that exceeds the tendered price. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

24 1.0 Conditions of Tendering Page Delete and replace with: The validity period of this tender is three months from date of opening. If no tender has been accepted within the tender validity period the Principal will notify tenderers whether their tenders are still under consideration, and if so will request tenderers to extend the validity period to suit. 108 Add new Tagged Tenders Tags that may be of long term benefit to the Principal are to be evaluated, solely at the discretion of the Principal, as to their acceptability and cost implication. The tenderer will be requested to remove all unacceptable tags and shall not be allowed to amend his tender price. Refusal to remove tags may result in the tender being rejected. If a tenderer refuses to remove the tag and the tender is not rejected, it may be evaluated and an alternative tender adjusted price determined by the Principal. If the consequence of the tag is unacceptable to the Principal, the tender will be considered to be non-conforming and will be rejected Alternative Tenders - Either: Alternative tenders will not be accepted; OR: Tenderers may submit alternative tenders which meet the same objectives as the tender specification, but which may allow the Contract Works to be provided in a more economic, cost effective or efficient manner. Only alternative tenders which are within the scope of the request for tenders, and which meet the requirements shall be considered. Tenders varying the duration of the contract shall only be considered where the request for tenders specified that such variations were acceptable, and advised how they would be evaluated. The duration of term maintenance contracts may not be varied (see Special Conditions of Contract 2.5). The tender amount for the alternative tender is to be inserted on the appropriate form of tender provided. The Principal shall not be bound to accept any alternative tender. The onus shall be on the tenderer to provide sufficient information with the tender to allow the tender to be evaluated. Failure to provide sufficient information shall be grounds for rejecting the alternative tender. In addition to the items listed above, alternative tenders shall include at least the following: (a) (b) (c) (d) (e) A statement identifying the points of difference between the alternative and non-alternative tender. Materials or method specifications, in cases where it is intended to utilise materials or methods for which no specification has been given in the tender document. A statement describing the design essentials, including preliminary drawings and the name and professional qualification of the designer, in cases where the alternative tender involves an alternative design. A proposal for dealing with interim payments, in cases where the schedules of quantities given in the tender documents are not applicable to the alternative tender. Name of client and location where the alternative has previously been used. 109 Add new 109 Tender Evaluation Tenders shall conform to and be evaluated in accordance with the current issues of New Zealand Transport Agency s Contract Procedures Manual (SM012) Tenders will be evaluated by the Lowest Price Conforming Tender method. This tender evaluation process will be conducted in two stages as follows: (a) The first stage shall consist of ranking tenders in ascending order based on prices. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

25 1.0 Conditions of Tendering Page 4 (b) (c) The second stage shall consist of determination of tender acceptability when assessed against each of the non-price attributes defined in the Supporting Information contained within these documents (Annexure C); The consultant s completion report on past contracts. Determination of acceptability shall commence with the lowest priced tender and shall cease when the first acceptable tender is determined. Each attribute shall be scored on a pass/fail basis. Any attribute which scores a fail may exclude that tender from further consideration for NZ Transport Agency subsidised works. A fail may also exclude that tenderer being considered further for work unsubsidised by NZ Transport Agency Evaluation of Alternative Tenders (Where Alternative Tenders are Allowed) Alternative tenders shall be evaluated in two stages as follows, after the evaluation of non-alternative tenders has been completed: (a) (b) (c) The first stage shall consist of determining tender acceptability when judged on technical competence and assessed against the non-price attributes. Each attribute shall be scored on a pass/fail basis. Any attribute which scores a fail will exclude that tender from further consideration. The second stage shall consist of assessing the difference in the present value of the end result offered by the preferred (lowest priced) non-alternative tender and each of the alternative tenders. The alternative tender price shall then be adjusted by this amount. Each of the adjusted alternative tender prices shall then be compared with the preferred nonalternative tender price to determine the best tender. If the preferred non-alternative tender remains the best tender following the evaluation of alternative tenders then only this tender will be accepted. The Principal shall not be bound to accept any alternative tender The Principal is not obliged to award a contract in response to this tender. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

26 GISBORNE DISTRICT COUNCIL CONTRACT Nº EW13/15 CONTRACT FOR: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION 2.0 CONDITIONS OF CONTRACT

27 2.0 Conditions of Contract Page GENERAL CONDITIONS OF CONTRACT The General Conditions of Contract shall be NZS3910:2003 : Conditions of Contract for Building and Civil Engineering Construction, as modified by the First Schedule (the Special Conditions of Contract) as follows: Part A : Specific Conditions of Contract Part B : Other Conditions of Contract These General Conditions may be inspected at the Gisborne District Council. 2.2 SCHEDULES TO GENERAL CONDITIONS OF CONTRACT FIRST SCHEDULE : SPECIAL CONDITIONS OF CONTRACT is included. SECOND SCHEDULE : CONTRACT AGREEMENT is included. THIRD SCHEDULE : FORM OF CONTRACTOR S PERFORMANCE BOND is deleted. FOURTH SCHEDULE : FORM OF PRINCIPAL S BOND is deleted. FIFTH SCHEDULE : FORM OF CONTRACTOR S BOND IN LIEU OF RETENTIONS is deleted. SIXTH SCHEDULE : FORM OF PRODUCER STATEMENT is included SEVENTH SCHEDULE : INFORMATION AS TO CONTRACT WORKS INSURANCE is deleted. EIGHTH SCHEDULE : INFORMATION AS TO PUBLIC LIABILITY INSURANCE is included. NINTH SCHEDULE : INFORMATION AS TO CONTRACTOR S CONSTRUCTION MACHINERY INSURANCE is deleted. TENTH SCHEDULE : INFORMATION AS TO CONTRACTOR S MOTOR VEHICLE INSURANCE is included. ELEVENTH SCHEDULE : INFORMATION AS TO CONTRACTOR S PROFESSIONAL INDEMNITY INSURANCE is included. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

28 2.0 Conditions of Contract Page 2 FIRST SCHEDULE SPECIAL CONDITIONS OF CONTRACT (Clause numbers refer to General Conditions) PART A SPECIFIC CONDITIONS OF CONTRACT 1.2 The Principal is the Gisborne District Council, Fitzherbert Street (PO Box 747), Gisborne, represented by the Group Manager Engineering and Works. (a) There are Separable Portions as set out in the following parts of the Contract Documents: (b) There are no Separable Portions in this contract This contract is a: (a) Lump sum contract; (b) Measure and value contract; (c) Cost reimbursement contract. 2.5 This contract is: (a) A construction contract in public roads; (b) A term maintenance contract (including a road maintenance contract); (c) Neither a construction contract in public roads nor a term maintenance contract This contract is: (a) A local authority contract; (b) Not a local authority contract; Clauses B1 and B2 of Appendix B: (a) Shall apply to this contract; (b) Shall not apply to this contract (a) A safety plan for the Site: (a) Is required, as set out in the following parts of the Contract Documents: (b) Clause Is not required (b) A traffic management plan: (a) Is required (if traffic is disrupted during delivery of superstructure or materials), as set out in the following parts of the Contract Documents: (b) Clause Is not required. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

29 2.0 Conditions of Contract Page Formation of this contract shall be by written acceptance by the Principal of the tender: (a) Without the execution of a formal Contract Agreement. (b) Followed by the execution of a formal Contract Agreement as described in (a) (c) 2 sets of Contract Documents shall be supplied free of charge to the Contractor upon the acceptance of tender in addition to tender, consent, and Contract Agreement sets. No additional sets of Contract Documents will be supplied. 2.9 This clause does/does not apply sets of Contract Documents shall be supplied free of charge to the Engineer upon the acceptance of tender in addition to tender, consent, and Contract Agreement sets. A Contractor s bond: (a) (b) Is required; Is not required. 1.1 The Contractor s bond shall be for the sum of $ A Contractor s Bond is not required A Principal s bond: (a) (b) Is not required; Is required and the surety shall be 1.2 The Principal s bond shall be for the sum of $ The Contractor is/ is not responsible for design of the bridge superstructure as specified in Clause The Contractor shall be given possession of the Site on: (a) (b) The Date of Acceptance of Tender; Other date (specify) The Principal will not arrange right of entry on adjoining properties Fulton Hogan Limited is the Roading Maintenance and Utilities Contractor for the City Separate Contractors will be carrying out routine park maintenance. The Contractor shall allow unhindered access to others for routine maintenance (g) (a) (b) Risks specifically excepted are (specify) There are no excepted risks other than those in the General Conditions. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

30 2.0 Conditions of Contract Page The Principal will not pay advances The Contractor shall provide the works programme within ten days from the date of acceptance (a) (i) (ii) (b) The Contractor is to be responsible, for and on behalf of the Principal, for obtaining project information memoranda, building consents and code compliance certificates under the Building Act 2004 for the carrying out of the following parts of the Contract Works to which Appendix D applies. There are no parts of the Contract Works to which Appendix D applies Quality management systems: (a) Are required and details shall be submitted within ten days from the date of acceptance. (b) Are not required (a) (a) As-built drawings are required. (b) As-built drawings are not required (b) (a) Operation and maintenance manuals are required. (b) Operation and maintenance manuals are not required The Engineer is the Group Manager Engineering and Works, Gisborne District Council, who for the time being is Mr P D Higgs (PO Box 747, Gisborne). 8.1 and 8.6 (a) The Contractor shall insure as provided in 8.1; (b) The Principal shall insure as provided in or The amount of the insurance to be effected in respect of the Contract Works and Materials shall be for not less than the sum of the following: (a) (b) (c) (d) The Contract Price, after the acceptance of the tender or other offer, excluding any additions or deductions which may be required to be made during the course of the contract; For the Cost of demolition, disposal and preparation for replacement work, the sum of: (i) 5 % of the Contract Price as described in (a) above; or (ii) % of the Contract Price as described in (a) above; or (iii) $ For professional fees including the Cost of clerks of works and inspectors, the sum of: (i) 5 % of the Contract Price as described in (a) above; or (ii) % of the Contract Price as described in (a) above; or (iii) $ The value of items incorporated, or to be incorporated, in the Contract Works, the Cost of which is not included in the Contract Price, the sum of $ PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

31 2.0 Conditions of Contract Page 5 (e) For increased construction Costs not already provided for in the Contract Price during the period from the acceptance of the tender or other offer until the issue of the Defects Liability Certificate for the Contract Works, the sum of: (i) 5 % of the Contract Price as described in (a) above; or (ii) % of the Contract Price as described in (a) above; or (iii) $ The insurance shall make provision for automatic change of cover for items (a) and (e) above, to provide insurance for any additions to or deductions from the Contract Price which occur after acceptance of the tender or other offer Contractor s Plant insurance is (a) required for each item of construction machinery on the Site owned by the Contractor that has a market value of more than: $50,000; or (b) not a contractual requirement. The Contractor is advised to obtain expert advice on the advisability of insuring plant. 8.3 and 8.7 (a) The Contractor shall insure as provided in 8.3; (b) The Principal shall insure as provided in or Public liability insurance shall be effected for an amount not less than $2,000, Motor Vehicle insurance is not required. Motor vehicle third party liability insurance shall be effected for an amount not less than $1,000,000. Evidence of this insurance is not required by the Principal (a) (b) Professional indemnity insurance for design by the Contractor shall be effected for an amount not less than $2,000, Professional indemnity insurance for design by the Contractor is not required The existing structures are: (i) (ii) (iii) 8.6 For the insurance policies required under the following clauses: The insurers are: (a) N/A (b) N/A The deductibles are: (a) N/A (b) N/A The exclusions and other limitations, if any, are: (a) N/A (b) N/A PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

32 2.0 Conditions of Contract Page For the insurance policy required under clause 8.7: The insurers are: The deductibles are: The exclusions and other limitations, if any, are: Amount of liability insurance cover under clause 8.7 for any one claim or series of claims arising out of the same occurrence: $ The periods to be used for calculating the Due Date for Completion are: (a) In respect of the Contract Works 7 Weeks (b) In respect of Separable Portions (i) : Weeks (ii) : Weeks (iii) : Weeks (b) (as amended by Appendix B3) (a) Allowance for inclement weather 10 Working Days. (b) No allowance for inclement weather Prior to the issue of the certificate of Practical Completion: (a) A producer statement in the form of the Sixth Schedule is required; AND (b) Producer statements are required as set out in the following parts of the Contract Documents: (i) Specification Clause (ii) (iii) (c) A producer statement is not required (a) (b) (a) (b) No liquidated damages provided, actual damages may be recovered from the Contractor. Liquidated damages shall be applied as follows: (a) In respect of the Contract Works $295 per Week; (b) In respect of Separable Portions: (i) : $ per Week (ii) : $ per Week (iii) : $ per Week A bonus shall not be payable. A bonus shall be paid as follows: (a) In respect of the Contract Works $ per Week; (b) In respect of Separable Portions: (i) : $ per Week (ii) : $ per Week (iii) : $ per Week The Period of Defects Liability shall be: (a) In respect of the Contract Works 52 Weeks; (b) In respect of Separable Portions: (i) : $ per Week (ii) : $ per Week (iii) : $ per Week PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

33 2.0 Conditions of Contract Page 7 Prior to the issue of the Defects Liability Certificate: (a) A producer statement in the form of the Sixth Schedule is required; (b) Producer statements are required as set out in the following parts of the Contract Documents: (i) (ii) (iii) (c) (a) (b) A producer statement is not required. The Contractor shall provide guarantees as set out below: No guarantees are required The form of guarantee shall be in the form annexed as the Schedule (b)(iv) (a) Advances for Temporary Works, Plant, or Materials not yet on Site shall be made to the Contractor in accordance with: (i) The following conditions: (b) (c) (ii) The conditions attached in Advances for Temporary Works, Plant or Materials not yet on Site shall not be made to the Contractor. No advances payable The percentage to be retained from each progress payment and the limit of the total sums retained shall be: (a) 5% of the total work and this shall not be reduced on completion. (b) The above retention is subject to a ceiling of $20,000 and (c) Where there are Separable Portions each will be accounted for separately insofar as retention is concerned. (d) No retentions will be withheld No retentions will be withheld (a) Bonds will not be accepted in lieu of retentions. (b) Bonds will be accepted in lieu of retentions Cost fluctuation adjustments: (a) Shall not be paid; (b) Shall be paid in accordance with Appendix A (which is part of NZS The indices shall be as follows: - Labour Cost Index, use Series Ref. SG51E9 (Table 4.03) (Salary & Wages; Construction) - Producers Price Index, use Series Ref. SNE (Table 6.08) (Inputs; Construction) (c) Shall be paid as set out in the Schedule (a) (b) (c) Provisional Sums, if any, are included in the schedule of quantities; There is no schedule of quantities and the Provisional Sums included in the contract are: (i) : $ (ii) : $ (iii) : $ (iv) : $ There are no Provisional Sums. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

34 2.0 Conditions of Contract Page (b) Delete this clause (a) Prime Cost Sums, if any, are included in the schedule of quantities; (b) There is no schedule of quantities and the Prime Cost Sums included in the contract are: (i) : $ (ii) : $ (iii) : $ (iv) : $ (c) There are no Prime Cost Sums The contingency sum (if any) included in the contract is shown in the schedule of prices This clause applies and the Principal shall issue the payment schedule in the form of a GST Invoice; OR Delete this clause, and the Contractor shall submit his claim in the form of a GST Invoice Add (d) The Contractor failing to provide the level of insurance offered in their tender For the purpose of service of payment claims or notices, the postal address of: (a) The Principal is that given in clause 1.2 (b) The Engineer is that given in clause (c) The Contractor is that given in the Form of Tender in the Tender Documents. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

35 2.0 Conditions of Contract Page 9 FIRST SCHEDULE SPECIAL CONDITIONS OF CONTRACT (Clause numbers refer to General Conditions) PART B OTHER CONDITIONS OF CONTRACT 1.2 Definitions: Variation. Add to end: A variation is only a Variation if it is in writing, stated to be a Variation, and signed by the Engineer Delete (a) and replace with the following: (a) Prior to practical completion, the Contractor shall submit to the Engineer for approval the asbuilt drawings and operation and maintenance manuals which the Contractor has been preparing and finalising continuously during the course of the contract. The Contractor shall provide advice and assistance to the Principal and engineer wherever shortcomings in the as-built drawings and manuals make this necessary Delete (b) and replace with the following: (b) Prior to the end of the period of defects liability, the Contractor shall submit to the Engineer for his/her approval, the updated as-built drawings and operational manuals taking into account any work carried out after practical completion, and any comments, corrections or further information required by the Engineer for his/her approval Add to end of clause: It shall be sufficient if the Engineer is named as being the holder for the time being of a specific office (b) Add at the beginning: The issuing and valuing of Variations, Delete: an order in writing from and replace with a written Variation order signed by Delete from 4 th line of the clause: or as soon as practicable thereafter and replace with and in any event, before commencing the work, Delete from 3rd line of the clause: or as soon as practicable thereafter and replace with and in any event, before commencing the work, Add to end of clause:, provided that the written record specifically quotes the relevant clause by number, e.g. The Contractor gave a clause Notice that Delete the whole clause and replace with: The value, or method of valuing, each Variation shall be determined by agreement between the Contractor and Engineer and recorded on the written Variation order before work commences. This may be an agreed Lump Sum, or an agreed rate subject to a quantity to be confirmed by measurement, a combination of these, or it may be an agreement that it be valued according to this clause 9.3. If the Variation is based on an agreed lump sum or agreed rate or combination thereof, then it shall be deemed that the lump sum and/or rate includes profit; and if the net effect of the Variation entitles the Contractor to an Extension of Time, then it shall be deemed that the lump sum or rate also includes compensation for time based cost. If a written Variation Order is issued without specifying a value, or method of valuing, then the value shall be determined by the Engineer in accordance with this clause 9.3. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

36 2.0 Conditions of Contract Page Add to clause: For removal of any doubt, nothing in this clause is to be interpreted as allowing the Contractor to proceed with any variation before the written Variation order, signed by the Engineer, has been issued (a) Insert into 4 th line: allowance for profit. If the Variation order was valued by agreement between the Contractor and Engineer, either by lump sum, or by rate, or both, then it shall be deemed that the agreed lump sum or rate includes profit and compensation for time based cost. In this case no further compensation will be paid. To the extent that Add at the beginning of the clause: If the Variation order has been valued by agreement between Contractor and Engineer, then it shall be deemed that the agreed value includes the cost of processing the Variation. In this case no further compensation will be paid if the Variation proceeds. If the Variation does not proceed, then the Contractor shall be entitled to the reasonable cost of processing the Variation. If this reasonable cost has not already been agreed, then it shall be calculated as follows. If the conditions Add after the first sentence of the clause subject to a $1,000 ceiling. If the Contractor expects that the Variation processing fee as calculated will exceed this ceiling, he should notify the Engineer before commencing with any processing and should only continue if the Engineer has specifically authorised the increased amount Add to clause: confirm such notification in writing, quoting this clause by number e.g. This is a clause Notice that Add to clause: The Contractor shall not commence any work in respect of such conditions unless or until the Engineer has issued a Variation order, or until the matter is otherwise resolved. If the Contractor commences any work without a Variation order, then it shall be deemed that all the conditions encountered by the Contractor in the course of such work as is completed in the absence of, or up to, the issue of a Variation order are not Unforeseen Physical Conditions (b) Add with the progress of the works, occurring prior to the due date for completion, or (a) Add to clause: extension The Contractor notifies the Engineer in writing that it claims an (b) Delete:..., or as soon as practicable thereafter; Delete opening paragraph and replace with the following: Practical completion is that stage in the execution of the work under the contract when the contract works or any separable portion, including as-built drawings and/or manuals where required, are final and complete except for minor omissions and minor defects. (a), (b) & (c) remain unchanged (b) Delete whole paragraph. PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

37 2.0 Conditions of Contract Page 11 SECOND SCHEDULE FORM OF CONTRACT AGREEMENT CONTRACT FOR: EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION THIS AGREEMENT is made on 20 BETWEEN ( the Contractor ) and the GISBORNE DISTRICT COUNCIL, a Corporation constituted under the provisions of the Local Government Act, of Gisborne ( the Principal ). IT IS AGREED as follows: 1. THE Contractor shall carry out the obligations imposed on the Contractor by the Contract Documents. 2. THE Principal shall pay the Contractor the sum of $ or such greater or less sum as shall become payable under the Contract Documents together with Goods and Services Tax at the times and in the manner provided in the Contract Documents. 3. EACH party shall carry out and fulfil all other obligations imposed on that party by the Contract Documents. 4. THE Contract Documents are this Contract Agreement and the following which form part of this agreement: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) (r) Notification of Acceptance of Tender Form of Tender Preamble to Schedule of Prices Schedule of Prices Preamble to Schedule of Dayworks Rates Schedule of Dayworks Rates Schedule of Plant Available Schedule of Materials Schedule of Proposed Sub-Contractors Schedule of Tenderer s Current Commitments Safety Declaration for Contractors Notices to Tenderers Conditions of Tendering Conditions of Contract Specifications Appendices Drawings Additional Documents as follows: (i) PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

38 2.0 Conditions of Contract Page 12 EXECUTED by ) in the presence of: ) ) Authorised Signatory ) ) ) ) Authorised Signatory in the presence of: Witness Signature Witness Name Witness Occupation Witness Address EXECUTED by GISBORNE DISTRICT COUNCIL ) by Judy Ellen Campbell ) ) in the presence of: Chief Executive Witness Signature Witness Name Witness Occupation Witness Address PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

39 2.0 Conditions of Contract Page 13 SIXTH SCHEDULE FORM OF PRODUCER STATEMENT - CONSTRUCTION ISSUED BY: (Contractor) TO: (Principal) IN RESPECT OF: (Description of Contract Works) AT: (Address) has contracted to (Contractor) (Principal) to carry out and complete certain building works in accordance with a contract, titled ( the contract ) (Project) I a duly authorized representative of (Duly Authorised Agent) (Contractor) believe on reasonable grounds that has carried out and completed (Contractor) All Part only as specified in the attached particulars of the building works in accordance with the contract. Date: (Signature of Authorised Agent on behalf of) (Contractor) (Address) PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

40 2.0 Conditions of Contract Page 14 EIGHTH SCHEDULE INFORMATION AS TO PUBLIC LIABILITY INSURANCE To Whom It May Concern: From: (Name of insurance company) (Branch) (Address) We confirm having effected public liability insurance for: (The Contractor) (The Principal) In respect of: EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION (Project Title) Annual policy Policy expiry date: Yes / No The limit of indemnity $ (Plus GST) Sub limit insured for vibration, removal or weakening of $ (Plus GST) support Deductible is (GST inclusive) $ Deductible for vibration, removal or weakening of (GST inclusive) $ support We advise that additional terms, copy attached, have been specifically applied to this project The policy covers liability arising out of: The ownership / use of construction machinery not required to be registered for road use The use of hired plant The ownership / use of watercraft up to 8 m The ownership / use of aircraft The use of explosives Yes / No Yes / No Yes / No Yes / No Yes / No Yes / No 8.5.3, Policy cover terms included are: (a) Automatic reinstatement Yes / No (b) No cancellation for non-payment without prior notification Yes / No (c) Severally insured Yes / No (d) No settlement delay due to exercise of subrogation Yes / No PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

41 2.0 Conditions of Contract Page 15 We undertake that this policy will not be cancelled or amended by us without written advice to the insured party which has arranged the insurances. The insurance issued is subject to the terms and conditions of the policy. We do not warrant that this policy complies with the requirements of NZS 3910:2003. Insurance Company Stamp Date (Or name of insurance broking company confirming cover) SIGNED BY SIGNATORY TITLE (Clause numbers refer to NZS 3910:2003 and are for information only) PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION

42 2.0 Conditions of Contract Page 16 TENTH SCHEDULE INFORMATION AS TO CONTRACTOR S MOTOR VEHICLE INSURANCE To Whom It May Concern: From: (Name of insurance company) (Branch) (Address) We confirm having effected motor fleet insurance for: (The Contractor) (The Principal) In respect of: EW13/15: WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION (Project Title) Annual policy Policy expiry date: Yes / No The sums insured are: Section 2 - liability $ (Plus GST) The policy deductibles are: Section 2 (GST inclusive) $ We advise that special terms, copy attached, have been applied to this policy Yes / No Policy cover terms included are: (a) Automatic reinstatement Yes / No (b) No cancellation for non-payment without prior notification Yes / No (c) No settlement delay due to exercise of subrogation Yes / No We undertake that this policy will not be cancelled or amended by us within the period of insurance without written advice to the insured party which has arranged the insurances. The insurance issued is subject to the terms and conditions of the policy. We do not warrant that this policy complies with the requirements of NZS 3910:2003. Insurance Company Stamp Date (Or name of insurance broking company confirming cover) SIGNED BY SIGNATORY TITLE (Clause numbers refer to NZS 3910:2003 and are for information only) PRJ September 2013 Contract EW13/15 WAIKANAE CREEK PEDESTRIAN BRIDGE CONSTRUCTION