TRANSIT NEW ZEALAND
PERFORMANCE SPECIFIED MAINTENANCE
CONTRACT PSMC 001
TNZ CONTRACT NO. 2/98-025/601
Request for Tender
Note: The
following document represents part of the tender document only. For further
information, please contact Transit New Zealand directly.
PART 2: GENERAL DESCRIPTION OF CONTRACT
2.1
INTRODUCCION
The fundamental principle pertaining to this
Contract, is the provision by the Contractor of all services and physical works
for the maintenance of state highway Assets, for a period of 10 years, to
prescribed Performance Measures for a lump sum price, with the Contractor
carrying all risks except those specifically excluded. This clause presents a
general overview of the philosophy of the Contract.
The Contractor will aim to maximise the reliability,
safety and availability of the network to road users. The Contractor will also
aim to operate the network to the satisfaction of road users, adjacent
landowners and members of the public.
Assets:
The Assets to be maintained include everything
within the state highway corridor.
Information pertaining to the Assets has been
provided to all Invited Tenderers in good faith. Appendices L and M list all of
the information provided. Invited Tenderers must verify for themselves the
adequacy and accuracy of the information provided before lodging their Tender.
Performance
Measures:
The Performance Measures and Method of
Calculation are set out in Appendix G and represent the minimum acceptable
levels the Contractor must achieve. The Contractor is required to implement a
complete Quality System which includes monitoring of its own performance and
the demonstration of compliance with the Performance Measures throughout, and
at the end of, the contract period.
The Contract provides for formal annual audits
of the Contractor's performance by an independent party. The Superintendent
will also monitor the Contractor's performance at regular and random intervals,
and assets the performance of the Contractor accordingly.
Lump Sum Price:
The tendered lump sum price will include all
costs to bring the Assets up to the Base Condition Standard, together with the
cost to provide all the required services to meet the Performance Measures.
Innovation is strongly encourages under the PSMC. The Contractor is expected to
develop innovative ways of providing the Services and achieving the specified
Performance Measures. There will be no extra payments for innovation
development costs and there will be no reduction in payment to the Contract, in
the event that innovation reduces the Contractor's cost provide the contract
conditions are met. Refer Clause 4.5.4.
The Contractor will be paid for the Services
monthly throughout the Contract period, regardless of the quantum of the actual
works and services provided.
Risks:
A risk is defined as an uncertain event which
when it occurs, may have a material effect on the extent of the Services to be
performed by the Contractor or the cost to the Contractor of performing the
Services.
Except where explicitly stated to the contrary,
the Contractor bears all risks in the lump sum tendered price. The explicitly
stated risks accepted by the Principal are listed in Appendix H.
PSMC Trial:
This Contract is a trial of the Performance
Specified Maintenance Contract (PSMC) form of the contracting out maintenance
works and services. It is a new form of contract in New Zealand and has only
been utilised to a limited extent overseas.
The PSMC form of contract seeks to maximise the
skills, expertise, innovation and systems of the roading industry to provide
better outcomes, and thus better value for money.
The Contract is non-prescriptive, and it allows
the Contractor to elect how it meets the required outcomes.
The trial has the support of Transfund New
Zealand, subject to the following conditions:
1.
The
trial will proceed if it can be demonstrated that the cost to maintain the
Assets to a like standard by the existing methods and contracts is greater than
the cost of carrying out the maintenance under a PSMC.
The cost of maintenance utilising
the existing methods and contracts is the Award Hurdle. All Invited Tenderers
are required to demonstrate they can overcome the Award Hurdle before the Base
Tender and any Alternatives Offers are considered.
2.
Tenders
received be evaluated in accordance with an approved Competitive Pricing
Procedure. Transfund New Zealand has given approval to the procedure set out in
Appendix J.
Fundamental to the Contract is the need for a
co-operative approach by the contracting parties, and a willingness of the Contractor
to accept risk. The Contract does not provide for withholding payment as a
penalty for a non-performance of the Contractor except as expressly provide in
the general conditions. Instead it provides for termination of the Contract by
the Principal in the event that the Contractor fails to meet its obligations
under the Contract.
The proposed establishment of a Management
Board together with the framework of this document, are considered by the
Principal to promote the Contract objectives.
In awarding this Contract the Principal
expects:
·
To
engage a contractor who embraces the philosophy stated above
·
To
engage a contractor that will take every step to make this trial a success; and
·
All
parties to be successful.
2.2
SERVICES TO BE PROVIDE
The Services under the Contract shall include:
·
management
of the Assets for a period of 10 years, to meet the Performance Measures
·
routine,
periodic maintenance and rehabilitation of the Assets, including pavements,
surfaces, drainage, traffic safety signs and equipment, highway lighting
currently the responsibility of the Principal, and railway level crossing,
vegetation control, etc.
·
collection
and management of asset inventory data, including RAMM database data
·
routine
and periodic (non-structural) maintenance and rehabilitation of bridges and
other structures within, over or under the networks
·
call-out
and attendance to emergencies
·
response
to public requests, complaints and feedback
·
other
services such as Land Entry, Access Control and Overweight Permit Supervision.
The services include receipt of the Assets and
records from the existing service suppliers and, at the completion of the
Contract, handover of the Assets and records to the incoming contractor/s.
The Contractor will be responsible for arranging
all resources and skills necessary to undertake the Services including
establishment of depots, and provision of labour, plant and materials.
The Services to be Provided shall not include:
·
installation
and maintenance of speed camera detectors, traffic counting station detectors
and recorders, barrier arms and associated signals, variable message signs,
emergency telephones and closed-circuit televisions
·
structural
repair and structural maintenance of bridges
·
maintenance
of projects, whilst they are in a defects liability period and the subject of
other separate and discrete contracts.
The Services to be Provided are more fully
described in Appendix F.
2.3
VARIATIONS TO SCOPE AND TIMING OF
SERVICES
The Contractor is required to accept variations
to the Services to be Provide throughout the term of the Contract, as advised
by the Superintendent and in accordance with Clause 4.7. Variations may result
from, but not limited to, the following:
·
changes
to the Contractor's maintenance programme suggested or required by the
Principal
·
variations
to the Performance Measures which are defined in Appendix G
2.4
LIMIT OF WORKS
The lateral Limit of Works is the road reserve
boundaries for the Assets except as noted bellow. Where an existing fence line
lies within the road reserve boundary, the Limit of Works shall be defined by
the fence line.
The legal road reserve boundaries are
illustrated on "Terra View" 4.0 GIS Data View and Local Land
Information. A copy of this information is available for viewing by all Invited
Tenderers during the tender period.
The Contractor is required to have some means
of establishing where the legal road reserve boundaries are, and land
ownership, throughout the duration of the Contract.
In addition, there exists in specific areas,
agreements of one sort or another with adjoining landowners relating to a
variety of matters which are directly or indirectly relevant to the maintenance
of the Assets. The Contractor is responsible for the Principal's obligation in
respect of these agreements. The agreements are indexed in Appendix L.
In a number of locations, the state highway is
known to be located only partly within the legal road reserve. Under such
circumstances the Limit of Works is to be taken as the existing fence line, or
the top of a cut batter, or toe of a fill batter, which ever is of greater
offset from the road centreline but extending to the inlet and outlet
structures of any culverts under the road.
In urban areas the Principal has a Memorandum
of understanding with each territorial authority defining limits of
responsibility. These are included in Appendix E.
The detailed definition of the Limit of Works,
including the extent of the networks and relevant local agreements is included
as Appendix E.
Ownership of the Assets within the Limit of
Works remains with the Principal.
2.5
VARIATIONS TO LIMIT OF WORKS
The Contractor is required to accept variations
to the Limit of Works throughout the term of the Contract, as advised by the
Superintendent and in accordance with Clause 4.7. Variations may result from,
but are not limited to, the following:
·
Handover
of additional section/s of highway or completed construction projects to the
Contractor
·
Handover
of sections of the Assets to other authorities (e.g. Councils)
·
Removal
of a section of the Assets
·
Temporary
removal of a section of the Assets to facilitate capital and other works
projects by another party.
2.11
MAINTENANCE RESPONSIBILITY
The Contractor will not be responsible for
maintenance to any assets that lie within the limit of works of current
contracts between the date of possession of site and the end of the maintenance
period of those separate contracts. All maintenance and defects are the
responsibility of other contractor/s until the end of a defects liability
period at which time the assets will be handed over to the Contractor.
The Contractor will not be responsible for
maintenance to any part of the network which has been upgraded as a capital
work by another party, while the length of highway is the subject of a defects
liability period.
The Contractor will not be responsible for the
maintenance of that section of the highway included within the limits of a
capital works contract being undertaken within the Limit of Works by another
party for the duration of that other contract. The Contractor's responsibility
under such circumstances ends on the date of handover of possession of site to
the capital works contractor and begins again when the satisfactorily completed
work is handed back to the Principal and the Contractor for ongoing
maintenance.
A join inspection by all parties on completion
of other contracts will identify any particular maintenance or omission
responsibilities of the other contractor that may exist at the end of their
contract maintenance period, and the Contractor will not resume responsibility
for ongoing day to day and periodic maintenance of part of the Assets in
question until the identified reasonable responsibilities of the other
contractor are discharged, but only to the extend that such responsibilities
have not been discharged.
2.12
QUALITY REQUIREMENTS
The Contractor will be required to develop and
implement an auditable Quality System for all Services provided.
It will be the Contractor's responsibility to
ensure all subcontractors and subconsultants comply will the requirements of
the Quality System.
2.13
SAFETY REQUIREMENTS
The Contractor shall develop and implement an
aggressive Safety Management and Intervention Plan. This Plan shall provide, at
a minimum:
·
Identification
and prevention of safety problems
·
Detailed
procedures such as traffic management and emergency response
·
Information
management
·
Safety
monitoring
A more detailed description of the requirements
is in Appendix F Clause F14.
2.14
ENVIRONMENTAL REQUIREMENTS
The Contractor shall act in an environmentally
sensitive manner at all times.
The Contractor will comply with all
requirements of all resource consents for the Services under the Contract,
including any reporting requirements.
Documents relating to current and pending resource
consents issued under the Resource Management Act 1991 have been provided to
all Invited Tenderers. These documents are listed in Appendix L.
The Contractor will be responsible for the
annual charges, and all other costs associated with those resource consents
that are not related to capital works projects, together with responsibility
for renewal of the resource consents, and procurement of any further resource
consents, as may be necessary for continued execution of the Services under the
Contract. The condition of any such resource consents must be met.
The Contractor's attention is drawn to:
·
The
existence of scenic and similar reserve land adjacent to the Limit of Works
·
Geological
and geomorphic features within and adjoining the Limits of Work of cultural,
environmental or scenic significance.
·
The
existence and limitations of Regional Council general authorisations, and
guidelines
The Contractor is required to identify all
locations of environmental, cultural, and scenic value, and put in place
procedures and practices that satisfy the conditions of all consents,
compliance notices, and guidelines, including those related to emergencies.
4.5
CONTRACTOR'S OPERATIONAL OBLIGATIONS
4.5.1 Quality Plan
(a)
The
Contractor must develop, maintain and follow a Quality System and Quality Plan.
(b)
The
Quality System shall be effective upon Commencement of the Contract and shall
be independently certified to ISO 9002 standard within a period specified by
the Contractor. Refer to Clause 1.4.2.6.
4.5.4
Innovation Requirements
(a)
Throughout
the term of the Contract, the Contractor must explore, develop and present to
the Management Board potential Improvement Initiatives.
(b)
The
Contractor must, in a similar manner, pursue potential Improvement Initiatives
suggested to it by notice from the Principal or the Superintendent.
4.5.4.1 Relevant Initiatives
Examples of potential Improvement Initiatives
are:
·
Reduced
maintenance cost and resulting payment (e.g. maintenance effort, longer life
treatments);
·
Reduced
running costs;
·
Improved
levels of Service;
·
Improved
road safety performance;
·
Added
functionality (e.g. more features to meet road user needs);
·
Reduced
capital cost; and
·
Increased
service life of the Assets.
4.5.4.2 Approval of improvement Initiatives
(a)
The
Contractor may carry out Improvement Initiatives as of right that do not
require any additional payment or any reduction in the level of Service,
Performance Measures or the Contractor's Obligations otherwise Improvement
Initiatives will only be implemented if approved by the Management Board. The
Contractor, in seeking approval to implement a new Initiative, must present to
the Management Board for its consideration a brief report including:
·
Description
of the nature of the Initiative;
·
Previous
implementations;
·
Risk
involved and methods for mitigation;
·
Time
proposed to implement;
·
Additional
or reduced payment for the Initiative;
·
Benefits
quantified and qualified including any safety related benefits;
·
Special
conditions;
·
Proposed
sharing of benefits between Principal and Contractor; and
·
Consistency
with the TNZ national state highway management
(b)
The
Management Board must assess the proposed Initiative and, if appropriate, make
a recommendation to the Principal for its Approval, including in respect of any
proposed alterations to payments under the Contract as provided for in Clause
4.6.12.
In making its recommendation in
respect of alteration to payment the Management Board shall be guided by the
principle that if any cost saving results from an Approved Improvement Initiative
which does not relax any requirements of the Contract then there shall be no
reduction in payments.
4.5.4.3 Implementation of initiatives
If implementation of an Approved Initiative
results in an effect on payment, a variation will be issued for its adoption.
4.5.4.4 Consideration by Management Board
(a)
It is
intended that the Management Board will reach a solution and make a
recommendation to the Principal which will be beneficial and agreeable to both
the Principal and the Contractor.
(b)
The
actual process implemented will vary depending on a number of factors,
including but not limited to the type of Initiative and its cost benefit,
technical issues, funding levels and corporate and Government policies.
Some possible examples of outcomes
of discussion within the Management Board are listed below.
·
The
Principal funds the Initiative to gain benefits from improved service levels
with nil reduction in maintenance volume of work and associated payments.
·
The
Principal provides 100% of funding for the Initiative, the Contractor's volume
of work varies and Contract payment to the Contractor is varied accordingly.
·
The
Principal and the Contractor jointly fund the Initiative and both parties share
the benefits from implementing the Initiative. The benefits may be cost
benefits, payment benefits or service benefits.
·
The
Contractor funds the Initiative with no change to the Lump Sum Payment as the
Initiative reduces the overall costs of the project to the Contractor and does
not require any lowering of the Performance Measures.
·
The
Contractor funds the Initiative and reduces its required maintenance costs and
shares the benefit with the Principal by a reduction to payments from the
Principal.
4.6.9
Adjustment for Rise and Fall in
Costs
(a)
All
prices, but not percentages, in the Price Schedules and the Lump Sum Payment
are subject to adjustment for rise and fall in costs.
(b)
The
Adjustment will be made once only in each calendar year.
(c)
The
adjustment will be determined by the method described in Appendix D.
Calculation of Cost Fluctuation
Adjustment
The amounts payable by the Principal to the
Contractor, under the terms of the Contract shall be adjusted up or down by
amounts calculated in accordance with the following formula:
C = VxF
Where:
F = [
]
Where:
The value of F shall be rounded to four decimal
places before final multiplication with valuation of work, V.
F= Cost Fluctuation adjustment factor
C= Cost fluctuation adjusted payment
due to the Contractor for the month under consideration.
V= Payment due to the Contractor for
the month under consideration based on the lump sum and any Additional Works,
priced using the rates agreed as the basis of the Contract, and 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
August falls for the year under consideration.
G= Producers
Price Index Inputs- Industry Group 10
Non-Metallic Mineral Products, published by Statistics New Zealand for the
quarter within which August falls for the year under consideration.
B= Producers
Price Index Inputs- Industry Group 15 Construction, published by Statistics
New Zealand for the quarter within which August falls for the year under
consideration.
T= Producers
Price Index Inputs- Industry Group 17 Part 1 Transport and Storage.
R= Producers
Price Index Inputs- Industry Group 17 Part 2 Road Transport, published by
Statistics New Zealand for the quarter within which August falls for the year
under consideration.
P= Farm
Expenses Price Index- All Farms - Fuel, published by Statistics New Zealand
for the quarter within which August falls for the year under consideration.
W', G', B', T', R', P'= As defined for W, G,
B, T, R and P respectively but applying for the quarter during which August
1998 fell.
For the period ending 30th June
1999, no cost fluctuation shall be paid. i.e. F=1 and C=V
For subsequent years the cost fluctuation
factor, F, shall be calculated once only using the indices for the quarter
containing the month of August. As an example, the value of F to apply for
payments in the months of 1st July 1999 to 30 June 2000 shall be
established using the indices for the quarter containing the month of August 1999.
For the purpose of calculating the cost
fluctuation adjustment, any payment items which are based on actual cost or
current prices and any advances shall be excluded from the calculation.
No other cost fluctuation adjustment will be
made by reason of any inaccuracy in the proportion of inputs specified.
The indices to be used in the calculation of
fluctuation shall be those first published by Statistics New Zealand for the
first quarter.
If at any time any of the indices referred to
are no longer published by Statistics New Zealand, or if the basis of any index
is materially changed, the adjustment shall thereafter be calculated by using
such other index or in such other manner, as will fairly reflect the changes as
previously measured by that index.
Extent and Limit of
Works
The Limit of Works is as follows:
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State Highway |
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