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INDEX PART ONE: BRIEF PART 1A BACKGROUND PART 1B DESIRED OUTCOME PART 1C PROJECT OBJECTIVES PART 1D KEY DELIVERABLES PART 1E SCOPE PART 1F SITE PLAN PART 1G INFORMATION REQUIRED PART 1H WHAT THE COUNCIL WILL PROVIDE PART 1I TARGET DATES PART 1J COMMISSION FEE PART TWO: CONDITIONS OF REQUEST FOR PROPOSALS PART 2A: RULES 1. INTRODUCTION 2. ISSUE OF RFP DOCUMENTS 3. PROSPECTIVE CONSULTANTS TO INFORM THEMSELVES 4. AMBIGUITIES IN THE RFP DOCUMENTS 5. SUBMISSION OF PROPOSALS 6. COMMUNICATIONS 7. ACCEPTANCE OF PROPOSAL 8. EVALUATION OF THE PROPOSALS 9. VALIDITY PERIOD 10. INFORMATION 11. NO OBLIGATIONS PART 2B SCHEDULE TO CONDITIONS OF REQUEST FOR PROPOSALS PART 2C FORM OF PROPOSAL PART 2D DETAILS REQUIRED FROM PROSPECTIVE CONSULTANTS PART 2E SCHEDULE OF PRICES PART 2F TAGS, DISCLAIMERS, CONDITIONS AND ENDORSEMENTS DECLARATION FORM PART THREE: CONSULTANCY SERVICES AGREEMENT (DRAFT)

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RFP INTRODUCTION

This transitional project is to create and trial the possible future design of elements of Lyttelton’s new

civic square and to reflect Lyttelton’s character and identity.

Transitional projects are collaborative projects between Landowners and the Community to create

temporary but innovative public spaces

The purpose of this RFP is to select and appoint a Consultant to provide the Services described in

this RFP in accordance with the terms and conditions set out in this RFP. This RFP has three parts.

Part One describes what the Council is asking for. Part Two contains the conditions Prospective

Consultants must comply with when submitting their Proposals. Part Three contains a draft

Consultancy Services Agreement, which the Council will enter into with the successful Consultant.

For the purpose of this transitional project:

CONSULTANT means artists or crafts people, whether an individual or a collective, who live and/or

work in, or have a known relationship with or connection to Lyttelton and/or Lyttelton Harbour.

COUNCIL means Christchurch City Council.

PROPOSAL means a Proposal or Proposals in response to this RFP.

PROSPECTIVE CONSULTANT means persons as described as Consultant who submit, or express

an interest in submitting, a Proposal in response to this RFP. RFP responses will be accepted from

individuals and/or collectives.

RFP means Request for Proposals.

RFP DOCUMENTS means this and any other information which is issued to the Prospective

Consultant, e.g. on request.

SERVICES means the design and construction of capital works as described in Part One of this RFP

GAP FILLER is a means to temporarily activate vacant sites within Christchurch with creative

projects.

If you have a great idea that you can deliver on, please read on.

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PART ONE: BRIEF

PART 1A BACKGROUND

1.1 In June 2011 the Council approved the Suburban Centres Recovery Programme. This included

the preparation of Master Plans for some of the worst affected suburban commercial centres to

aid their rebuild and recovery following the damaging earthquakes which started in September

2010. The Master Plans set out a vision for the rebuild and recovery of each respective centre

and includes spatial and implementation plans for the actions considered necessary to achieve

the vision. Lyttelton was one of the first centres for Master Plan preparation, in recognition of

the level of damage sustained and the fact that prior to the earthquakes regeneration work was

already underway in this centre.

1.2 Because of the extent of building destruction, demolitions and resulting vacant sites, Action N5

Temporary landscapes of the Lyttelton Master Plan proposes collaborative projects between

landowners and the community to create temporary but innovative public spaces (both active

and passive) on prominent vacant sites within Lyttelton’s town centre.

1.3 One such site is 44 London Street, (refer site plan Part 1F), located on the NW corner of the

intersection of London and Canterbury Sts. With the help of Gap Filler it is already temporarily

occupied by the community and, following purchase by the Council, is awaiting development

into the new civic square identified by Action N1 A new civic square. In the event that the site is

large enough, the new civic square is expected to include a children’s playground, public toilets

and, subject to further community consultation and feasibility respectively, the relocated

cenotaph and daylighting of a section of an historic barrel stormwater drain/innovative water

play.

1.4 Given the opportunities ownership of this land provides, its pending development and the

community’s desire to help design the new civic square, the Council has funded the following

transitional project for implementation in 2012/13. The successful Proposal is are likely to

remain on-site until at least October 2013 or the start of its permanent construction.

PART 1B DESIRED OUTCOME

1.5 One or more functional and aesthetically pleasing capital works of a type normally found on a

civic square for the purpose of community gathering, socialising and recreation and which:

complements whatever the community already has on site informally; the existing uses on

site need to be taken into consideration.

results in better utilisation of the space for the community;

gets people thinking about how they would like the space to be utilised in the future;

results in minimum disruption to surrounding infrastructure; and

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is/are fit for purpose, appropriate to the setting, tasteful and fun.

PART 1C PROJECT OBJECTIVES

1.6 To:

provide employment and exposure opportunities for local artists and crafts people.

trial possible future design of elements of the new civic square.

reflect Lyttelton’s character and identity (which arises from both Māori and Pakeha

settlement).

fit with or help meet the Lyttelton Master Plan’s vision or actions (e.g. N1, N5).

support private and community initiatives.

reinforce hotspots of activity and the connections between them (e.g. the interface with

adjoining and London Street businesses, including the Lyttelton Farmers’ Market).

add value to other projects being undertaken by the Council, or other organisations like

SCIRT.

meet the immediate needs of the wider community.

lead by example.

maximise impact for the local community.

PART 1D KEY DELIVERABLES

1.7 Capital works, the nature of which may include street furniture, play equipment, public art (e.g.

murals, interactive play sculptures), lighting, a stage, a viewing platform, steps connecting

upper and lower sections of site, drinking fountain, planters, rubbish bins, etc. They may follow

a single or multiple themes. They may be temporary, but should be capable of relocation

temporarily onto private land (subject to a Licence to Occupy by Gap Filler) or permanently

onto public land (i.e. parks, roads, community facility sites) elsewhere in Lyttelton if not

incorporated into the permanent design of the new civic square.

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PART 1E SCOPE

1.8 Proposals may be located on the lower flatter part of the site known as the Lyttelton Petangue

Club, or on the upper part of the site as shown on the site plan (see Part 1F). Construction in

durable materials and components which provide for low maintenance, ease of maintenance

and repair and as long a life as practical is preferred. Proposals that do not require engineering

certification, resource or building consents or traffic management during installation are

preferred. The proposal must not impact on the structural integrity of the retaining walls. The

Consultant can otherwise be as creative as they like with what they propose and how they

render it, as long as they comply with the conditions of this RFP.

PART 1F SITE PLAN (see attached A3 Plan)

PART 1G INFORMATION REQUIRED

The following information is required:

Details of your proposal, including scope, detailed design concept, drawings (and/or

photographs of something similar), specifications and intent.

Explanation of how it meets the project objectives (where not self-evident).

Commission fee, including a breakdown of the expenses listed under ‘Commission fees’ in Part

1J below.

Where it will be fabricated.

Safety and security details if fabricated on-site (the site must remain unobstructed and safe for

the public during and at the end of each working day).

Location of the proposal within the site.

Method of installation.

Timeframe for installation.

Expected life.

Artists or crafts people, volunteers or community groups involved (i.e. RFPs are permissible from

individuals and collectives).

Suggested maintenance regime (i.e. a written specification of all materials, fixings and fittings,

how they will age and how the proposal should be maintained and how often, or repaired, to

assist the Council to maintain the work).

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PART 1H WHAT THE COUNCIL WILL PROVIDE

All media liaison in respect of the project.

The site, including for the purpose of fabricating the proposal if necessary.

An on-site water tap and power supply.

On-site preparation and contextual hard or soft landscaping.

An on-site sign identifying the Consultant and a means of soliciting feedback.

Maintenance, including the removal of graffiti.

PART 1I TARGET DATES

1.9 The target dates for implementation of the transitional project are:

Hardcopy Proposals received no later than 12 noon, Thursday, 31 January 2013.

Decision made & contract/s signed with successful Consultant within the 30 day validity

period.

Works completed and installed no later than 31 May 2013.

PART 1J COMMISSION FEE

The Council has $70,000 for the payment of fees. The actual payment for the successful

Consultant will be determined by the nature of the Proposals received. Proposals may cost

anywhere from $0 up to $70,000 (i.e. the Council wants to encourage a variety of Proposals

and it may be that there will be a combination of four successful Proposals of $17,500, rather

than one successful Proposal of $70,000, for example, or two successful Proposals of $20,000

and one successful Proposal of $30,000).

Prospective Consultants will need to factor into and pay the following expenses from their fee

(excl. GST):

Costs incidental to responding to this RFP and execution of any resulting Consultancy

Services Agreement;

Project manager (if the Proposal requires one, e.g. in the context of a Proposal tendered

by a collective of artists or crafts people and managed by Project Lyttelton, for example);

Materials (these may be recycled);

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Labour;

Site security;

All taxes (incl. GST);

PAYE;

Accident compensation levies;

Resource and/or Building Consent fees (if the proposal requires them) and associated

costs (e.g. Producer Statement);

Installation costs, including preparation, packaging and transportation of the item to the

site, ground fixings and fittings; and

Public liability cover during construction and installation, and insurance of the Proposal (to

an amount sufficient to replace any lost or reinstate any damage) prior to installation.

The fee payable is a lump sum, with progress payments made on basis of the following

milestones being met:

Payment 1: on signing of Consultancy Services Agreement 33.3%

Payment 2: on completion of work 33.3%

Payment 3: on installation of work on site 33.3%

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PART TWO: CONDITIONS OF REQUEST FOR PROPOSALS

PART 2A RULES

1. INTRODUCTION

The Client is seeking Proposals (RFP’s) from suitably qualified and experienced Supplier to

undertake Services described in this RFP.

Proposals should clearly demonstrate the Respondent:

Has skills, experience and demonstrated capability in providing specialist service.

2. ISSUE OF RFP DOCUMENTS

2.1 RFP Documents issued to Prospective Consultants for use in the preparation of Proposals

remain the property of the Council.

2.2 Any information whatsoever provided by the Council to Prospective Consultants has been

provided to assist Prospective Consultants in preparing Proposals and in carrying out

delivery of the Services but the Council does not represent or warrant the completeness or

accuracy of such information.

3. PROSPECTIVE CONSULTANTS TO INFORM THEMSELVES

3.1 Each Prospective Consultant shall be deemed to have examined the RFP Documents and to

have satisfied themselves as far as is practicable for a capable supplier of the Services

before submitting a Proposal as to the correctness and sufficiency of its Proposal for the

Services and of the fee stated in its Proposal.

3.2 The proposed fee shall, except where otherwise provided, allow for all the Consultant’s

obligations under the Consultancy Services Agreement.

3.3 The Prospective Consultants shall undertake such further investigations and measurements

as they may consider necessary before submitting a Proposal.

4. AMBIGUITIES IN THE RFP DOCUMENTS

4.1 Where the RFP Documents issued to Prospective Consultants are ambiguous or unclear to

a Prospective Consultant, it may request the issue of an explanatory notice. If an

explanatory notice is issued, it shall be made available to all Prospective Consultants online

as FAQs at

http://www.ccc.govt.nz/thecouncil/policiesreportsstrategies/SuburbsRejuvenationProgramme

/LytteltonWorkProgramme.aspx and shall upon issue become part of the RFP Documents.

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The RFP Information Contact Person is the only person/s authorised to receive queries,

requests for information or other communications by Prospective Consultants or related

parties regarding this RFP. The Council will not be bound by any statement, written or

verbal, made by any person including the RFP Information Contact Person/s unless that

statement is subsequently expressly incorporated in the Consultancy Services Agreement.

4.2 In the absence of an explanatory notice, Proposals may be submitted subject to any

reasonable interpretation of any ambiguity or uncertainty in the RFP Documents, which shall

be endorsed on the Proposal.

4.3 The Council would prefer to receive proposals based on the RFP Documents, but reserves

the right to consider, evaluate or reject, at its sole discretion, any Proposal whether or not

that Proposal has been submitted with endorsement or is non-conforming in any other

respect.

4.4 The Client reserves the right to consider any alternative Proposals which fulfil the Client’s

requirements. Alternative Proposals shall be submitted as a separate proposal clearly

identified as an alternative Proposal. Prospective Consultants may be requested during the

proposal evaluation period to submit additional information to facilitate evaluation of the

alternative Proposal. The Prospective Consultant will be responsible for obtaining all

statutory approvals required for alternative Proposals.

4.5 Proposals submitted subject to tags, disclaimers, conditions or endorsement may be

considered as alternative or non-conforming Proposals. The Council may at its sole

discretion:

(a) evaluate or reject such proposals;

(b) assign a price to any tag, condition or endorsement;

(c) request the Prospective Consultant to withdraw any tag, condition or endorsement

without any adjustment to the Proposal fee; or

(d) request the Prospective Consultant to withdraw any tag, condition or endorsement

with adjustment of the Proposal fee providing that the adjustment is for an amount

that would have been reasonably expected if the Proposal had been submitted

without endorsement.

4.6 All tags, disclaimers, conditions or endorsements shall be set out in Part 2F Tags,

Disclaimers, Conditions and Endorsements Declaration Form.

4.7 The Council will not be bound by any proposal tag, condition or endorsement unless such

tag, condition or endorsement has:

(a) been outlined in Part 2F and; and

(b) been expressly agreed by the Council and incorporated into the Consultancy Services

Agreement.

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If the Prospective Consultant has not inserted any tags, disclaimers, conditions or

endorsements in the Proposal the Council will not consider any such tags, disclaimers,

conditions or endorsements raised by the Prospective Consultant after the Proposal is

submitted.

5. SUBMISSION OF PROPOSALS

5.1 Proposals will close at the time and place as stated in the details required from Consultants

(Part 2C) of this RFP Document, shall be enclosed in a sealed envelope, identified as a RFP

for the transitional project for the new civic square, Lyttelton, addressed as required on the

first page of this RFP Document and deposited in the Tender Box at the Council’s Civic

Offices, 53 Hereford Street, Christchurch.

5.2 In the event a hard copy Proposal is deposited in the Tender Box, the envelope shall also

bear the name and address of the Prospective Consultant.

5.3 Proposals shall be delivered to the Council’s Tender Box before the closing time. If the

Proposal arrives after the latest date and time required for submissions, it may be

considered as invalid. However, the Council reserves the right to extend the period allowed

for the submission of the Proposal, at its sole discretion. The RFP Information Contact

Person reserves the right to accept a late Proposal or extend the Closing Date and/or Time

for the deposit into the Tender Box, at their sole discretion.

5.4 Proposals shall be prepared in the form and order required by the RFP Documents.

5.5 The Proposal shall be signed by or on behalf of the Prospective Consultant.

5.6 The cost of preparing and submitting a Proposal shall be borne by the Prospective

Consultant.

5.7 If the Proposal contains any error or in summation of items such as to vary the Proposal fee,

and the Council becomes aware of the error prior to acceptance of any Proposal, then the

Council shall draw the error to the attention of the Prospective Consultant whose Proposal

contains the error. The Council shall invite the Prospective Consultant to confirm that its

Proposal remains open for acceptance at the Proposal fee notwithstanding the error. Unless

the Prospective Consultant so confirms, its Proposal shall be deemed withdrawn. However,

the Council, at its sole discretion, shall have the right to permit the correction by the

Prospective Consultant of the error (whether by alteration of the items or of the Proposal

fee).

5.8 The Prospective Consultant shall include rates and prices for all items of work described

itemised in Parts 1G & 2C. Items against which no rate or price is entered by the

Prospective Consultant will not be paid for by the Council.

5.9 The Council may request any Prospective Consultant to clarify and/or adjust aspects of their

Proposal and also reserves the right to negotiate with the preferred Prospective Consultant

or Prospective Consultants with a view to finalising contractual arrangements in the

Consultancy Services Agreement.

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6. COMMUNICATIONS

6.1 Explanatory notices and other communications sent by the RFP Information Contact Person

will be emailed to the Prospective Consultant’s email address if known and communicated

via the following website http://www.ccc.govt.nz/thecouncil/policiesreportsstrategies/Suburbs

RejuvenationProgramme/LytteltonWorkProgramme.aspx.

6.2 All questions and answers will be communicated to all Prospective Consultants, including

Prospective Consultants who picked up hard copy documents from the Civic Offices,

Lyttelton Library, Lyttelton Service Centre or received the RFP by post or courier. The

Council will assess the materiality of any question and respond to the question to all

Prospective Consultants. All Prospective Consultants will receive notification of questions

and answers. The names of the Prospective Consultants who have presented questions will

not be disclosed unless the Prospective Consultant makes reference to their name in the

text of the correspondence. Prospective Consultants should consider all answers provided

by the Council when preparing their Proposal documents.

6.3 For enquiries that the Prospective Consultant considers to be of a private or confidential

nature, the Prospective Consultant should contact the RFP Information Contact Person

directly.

7. ACCEPTANCE OF PROPOSAL

7.1 The lowest, or highest scoring, or any Proposal will not necessarily be accepted. The

Council reserves the right at its sole discretion:

(a) to accept none or any of the Proposals;

(b) accept more than one Proposals;

(c) at anytime prior to acceptance of any proposal to withdraw the agreement or part of

the agreement from the RFP process;

(d) to deal separately with any of the divisible elements of any Proposal, unless the

relevant Proposal specifically states that those elements must be taken collectively;

(e) negotiate with any Prospective Consultant to the exclusion of other Prospective

Consultants;

(f) withdraw the RFP;

(g) change any date in the RFP process;

(h) at any time prior to acceptance of any proposal to withdraw the agreement, or part of

the agreement, from the RFP process.

7.2 The successful Prospective Consultant will be notified by the Council that its proposal is

preferred.

7.3 The Council is not obliged to enter into correspondence with, or give reasons to, an

unsuccessful Prospective Consultant regarding the rejection of its Proposal.

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8. EVALUATION OF THE PROPOSALS

The following panel of Gap Filler and Council staff, and elected members will evaluate all Proposals

received and determine the successful Proposal/s with reference to the project objectives:

Janine Sowerby (project leader);

Dennis Preston (site designer)

Kiri Jarden (arts advisor)

Coralie Winn (asset occupier)

Ian Jackson (asset owner)

Paula Smith (Lyttelton/Mt Herbert Community Board member)

9. VALIDITY PERIOD

9.1 The Proposal validity period shall be 30 days from the date of closing. By submitting a

Proposal, Prospective Consultants will be deemed to be representing that their offer remains

open for acceptance, and will not be withdrawn, for the duration of the Proposal validity

period.

10. INFORMATION

10.1 The Council reserves the right to make enquiries regarding the Prospective Consultant and

to consider relevant information obtained from any source in the evaluation of the Proposal.

11. NO OBLIGATIONS

11.1 No legal or other obligations shall arise between the Prospective Consultant and the Council

in relation to the conduct or outcome of the RFP process unless and until that Prospective

Consultant has entered into the Consultancy Services Agreement.

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PART 2B SCHEDULE TO CONDITIONS OF REQUEST FOR PROPOSALS

Clause Condition

Agreement Description Transitional Project for New Civic Square Lyttelton

6.1 RFP Information Contact Person

Name: Dennis Preston

Address: Civic Building

53 Hereford Street

PO Box 73015

Christchurch 8154

Telephone: (03)941-8728

Email: Dennis.Preston@ccc.govt.nz

7.1 Submission of Proposal

Time and Date of Closing

Address

Proposals shall close at: 12:00 pm, Thursday 31 January 2013

Hard Copy submissions: Tender Box

Christchurch City Council

Ground Floor

53 Hereford street

Christchurch 8154

7.3 Information required in the sealed envelope which is deposited in the Proposals (Tender) box. Information is to be submitted in the listed order.

In the event of hard copy submissions in the Tender Box:

1 hard copy of Proposal and all attachments

7.3 Electronic version of Proposal

Will not be accepted.

11.1 RFP Validity Period 30 days from date of closing.

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PART 2C FORM OF PROPOSAL PROPOSAL FOR: Consultancy Services – Transitional Project for the New Civic

Square, Lyttelton

RFP NUMBER: 12/13-84

TO: Christchurch City Council

1. Having examined the RFP Documents for the above-named transitional project, we offer to complete and deliver the Services in conformity with the RFP Documents and in accordance with prices and fee submitted under 9. below.

2. This fee includes changes made to specifications as a result of information provided in Explanatory Notices(s) ____ of ____.

3. We undertake to complete and deliver the whole of the Services described in the RFP Documents.

4. This proposal is valid for 30 days following the date of closing.

5. Until a Consultancy Services Agreement is prepared and executed, this Proposal together with the Council’s written acceptance thereof shall constitute a binding contract between us as Consultant and the Council.

6. We understand that the Council is not bound to accept the lowest priced, highest scoring, or any Proposal received.

7. We authorise the Council to seek an opinion from our banker regarding our ability to deliver the Services.

8. We understand that no legal or other obligations shall arise between the Prospective Consultant and the Council in relation to the conduct or outcome of the RFP process unless and until that Prospective Consultant has received written notification of the acceptance of its proposal.

9. We attach the information to be submitted with this completed Form of Proposal:

Description of Proposal, including:

o scope, detailed design concept, drawings (and/or photographs of something similar),

specifications and intent.

o Explanation of how it meets the project objectives (where not self-evident).

o Where it will be constructed.

o Safety and security details if constructed on-site (the site must remain unobstructed

and safe for the public during and at the end of each working day).

o Location of the proposal within the site.

o Method of installation.

o Timeframe for installation.

o Expected life.

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o Suggested maintenance regime (i.e. a written specification of all materials, fixings and

fittings, how they will age and how the proposal should be maintained and how often,

or repaired, to assist the Council to maintain the work).

Completed Schedule of Prices, i.e. a breakdown of the prices comprising the fee (Part 2E)

Confirmation that a Health and Safety Plan can be completed (Part 2D).

Confirmation that the required Insurance Certificates can be obtained (Part 2D).

Details of any tags, disclaimers, conditions and endorsements (Part 2F).

Any other information considered relevant.

10. We understand that the Council may, prior to acceptance of the Proposal, seek further particulars in

relation to the Services and we acknowledge that until further information is received and incorporated into the Consultancy Services Agreement, no legal or other obligation shall arise between the Prospective Consultant and the Council.

Signed: ________________________________________________________________

Name of Signatory: ________________________________________________________________

Position: ________________________________________________________________

Company Name: ________________________________________________________________

Address: ________________________________________________________________

________________________________________________________________

Telephone Number: ________________________________________________________________

Dated this ____________ day of ____________________________________2012/13

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PART 2D DETAILS REQUIRED FROM PROSPECTIVE CONSULTANTS

THIS INFORMATION MUST BE PROVIDED IN THE ORDER AND FORMAT SET OUT BELOW

Consultant Details:

1. Full legal name and address of Prospective

Consultants, i.e. artists or crafts people,

volunteers or community groups involved (i.e.

RFPs are permissible from individuals and

collectives).

2. Trading name (if differs from above)

Name

Phone

Address

Fax

3. Contact person

Email address

4. Conflicts

Disclosure of any relationship (direct or through subsidiaries and/or associates) that may lead to a conflict of interest relevant to the supply of the Design and Construction Services

5. Alternative Proposal

Is an alternative Proposal offered as per Part 2A, clause 4.4.

6. Capability

Information demonstrating the Consultant’s skills, experience and capability to deliver.

7. Insurance

Statement confirming that the following Insurances can be obtained:

Professional Indemnity $1m

Public Liability $2m

Contract Works Insurance - to the value of the proposed contract works

8. Health and Safety

Statement confirming that a project specific Health and Safety Plan meeting the requirements of the H&S Act can be completed.

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PART 2E SCHEDULE OF PRICES

Please provide a breakdown of the prices comprising the Proposal fee.

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PART 2F TAGS, DISCLAIMERS, CONDITIONS AND ENDORSEMENTS DECLARATION

FORM

Clause Issue Proposed Amendment

1.

2.

3.

4.

5.

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PART THREE: DRAFT CONSULTANCY SERVICES AGREEMENT

The terms of supply are contained in the Council’s Consultancy Services Agreement, a copy of which is attached for Prospective Consultants’ information only.

LSU PRECEDENT – June 2010

PRO-FORMA CONSULTANCY AGREEMENT BASED ON CONDITIONS OF CONTRACT FOR CONSULTANCY

SERVICES

CHRISTCHURCH CITY COUNCIL

CONSULTANCY SERVICES AGREEMENT

CONTRACT FOR: [Insert short name for works] CONTRACT NUMBER: [Insert contract number] DOCUMENTS BASED ON CONDITIONS OF CONTRACT FOR CONSULTANCY SERVICES THIRD EDITION (ISBN 978-0-9583605-0-0) AUGUST 2009 THIS DOCUMENT CAN BE FOUND AT http://www.acenz.org.nz (under the "Resources" tab) Document Approvals Prepared by: Name Signature Title Date Reviewed by: Name Signature Title Date Approved by: Name Signature Title Date [NOTES TO DRAFTERS: (1) WORDING IN ITALICS IS FOR DRAFTING GUIDANCE ONLY AND SHOULD BE DELETED

FROM FINAL TENDER DOCUMENTS. (2) ANY QUERIES CAN BE DIRECTED TO […………………………………………………..] (3) ALL SUBSTANTIVE ALTERATIONS REQUIRE APPROVAL BY THE UNIT MANAGER AND

LEGAL SERVICES UNIT MANAGER

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INDEX

[NOTE TO DRAFTERS: AMEND THE INDEX AS APPROPRIATE TO INCLUDE OTHER DOCUMENTS IN PART A AND/OR B INCLUDING SCHEDULES AND/OR APPENDICES] PART A CONDITIONS OF CONTRACT PART A1 General Conditions of Contract PART A2 Amendments to General Conditions of Contract PART A3 Special Conditions of Contract PART A4 Form of Agreement for Engagement of Consultant PART B APPENDICES Appendix A: Scope, Purpose, Programme and Completion Date for the Design and Construction

Services Appendix B: Fees, Expenses and Payment Appendix C: Council’s Representative Appendix D: Consultant's Key Personnel Appendix E: Subconsultants and Subconsultants' Key Personnel Appendix F: Other Consultants, Other Consultant's Insurance, personnel, equipment, facilities and

information supplied by the Council Appendix G: Council’s Hazard Identification and Notification Appendix H: Consultant’s Obligations

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A1 GENERAL CONDITIONS OF CONTRACT

The General Conditions of Contract are the CONDITIONS OF CONTRACT FOR CONSULTANCY SERVICES THIRD EDITION DATED AUGUST 2009 ("General Conditions of Contract").

A2 AMENDMENTS TO GENERAL CONDITIONS OF CONTRACT

The Amendments to the General Conditions of Contract set out below add to, delete or modify the General Conditions of Contract for Consultancy Services.

Clause: 1.1 2

Instruction and Text: DEFINITIONS Add the following definitions: “Purchase Order” is the Council's form under which it orders the Services, and which does not vary this Agreement but which forms part of this Agreement. “Purchase Order Number” is the number indicated on the Purchase Order. OBLIGATIONS OF THE CONSULTANT Add the following clauses: “2.13 Other Obligations In carrying out the Services, the Consultant must take reasonable steps to comply with the obligations set out in Appendix H. 2.14 Breach of Obligations Where the Consultant is in breach of any of its obligations under clause 2, the Council may instruct the Consultant in writing to suspend the progress of the whole or any part of the Services for such time as the Council may think fit, and the Consultant shall comply with the instruction.”

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A3 SPECIAL CONDITIONS OF CONTRACT References from clauses in the General Conditions of Contract for Consultancy Services. Clause No. Special Condition

Agreement Additional Documents forming part of the Agreement include:

[Insert if any]

5.1 Payment Timing (a) The Consultant shall provide to the Council, within five Working Days of

the end of the month following provision of the Services, a GST tax invoice for the Services stating the Purchase Order Number, date of provision of Services and a full description of them. Invoices received without all of these details will be returned to the Consultant, unpaid.

(b) If monthly charges are applicable, the Consultant shall provide to the

Council, not later than the tenth Working Day of the month following provision of the Services, a monthly statement of that month’s charges.

(c) The GST tax invoices and monthly statements are to be addressed to: Christchurch City Council PO Box 237 CHRISTCHURCH Attention: [Insert Council’s Representative] (d) Subject to clauses (a) – (c) above, payment for the Services provided,

once approved, will be effected on the first Wednesday on or after the 20th of the month following receipt of the provision of the Services

(e) Payment will be effected by Electronic Funds Transfer (EFT) (direct

credit).”

6.2 Limitation of Liability (Professional Indemnity Insurance) The maximum amount payable shall be $1,000,000.00.

6.4 Duration of Liability The duration of liability shall be one (1) year.

6.5 Insurance The amount of public liability insurance required is $2,000,000.00.

6.6 Contract Works To the value of the contract works. An amount sufficient to replace any lost or reinstate any damage to the work prior to installation.

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Clause No. Special Condition

12.7 Address for Notices:

Council's Address: Facsimile No: Consultant's Address: Facsimile No:

A4 FORM OF AGREEMENT FOR ENGAGEMENT OF CONSULTANT CONTRACT NAME: + CONTRACT NUMBER: + This AGREEMENT is made the _______________ day of __________________ 2012/13 BETWEEN Christchurch City Council (“the Council”) AND ____________________________________________________________________ (“the Consultant”) 1. THE Council engages the Consultant to provide the Services set out in Appendix A and agrees to

pay the Consultant as described in Appendix B and to undertake its other obligations set out in this Agreement.

2. THE Consultant agrees to perform the Design and Construction Services on the terms of this

Agreement. 3. The following documents shall form the Agreement in order of preference: This Form of Agreement For Engagement Of Consultant

Special Conditions of Contract – Part A3

Amendments to General Conditions of Contract – Part A2

Additional documents specified in the Special Conditions of Contract and/or Amendments to General Conditions of Contract

General Conditions of Contract for Consulting Services (Third Edition, August 2009)

Appendix A: Scope, Purpose, Programme and Completion Date for the Design and Construction Services

Appendix B: Fees, Expenses and Payment

Appendix C: Council's Representative

Appendix D: Consultant's Key Personnel, Consultant’s Representative, Other Key Personnel

Appendix E: Subconsultants and Subconsultants' Key Personnel

Appendix F: Other Consultants, Other Consultant's Insurance, Personnel, Equipment, Facilities and Information supplied by the Council

Appendix G: Council’s Hazard Identification and Notification

Appendix H: Council’s Obligations

The following additional documents [identify any additional documents to be included; for example, agreed correspondence].

4. This Agreement shall constitute the entire agreement between the parties for the performance of

the Services by the Consultant. This Agreement supersedes all prior agreements relating to the Services, negotiations, representations and warranties except insofar as the same are expressly incorporated herein.

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SIGNED for the Client by: Signature of authorised signatory

SIGNED for the Consultant by: Signature of authorised signatory

Full name of authorised signatory

Full name of authorised signatory

Position

Position

In the presence of:: Signature of witness

In the presence of: Signature of witness

Name of witness

Name of witness

(NB: This document should be signed by an authorised person. Signatures should be witnessed.)

B APPENDICES

Appendix A: Scope, Purpose, Programme and Completion Date for the Services

Appendix B: Fees, Expenses and Payment

Appendix C: Council’s Representative

Appendix D: Consultant’s Key Personnel, Consultant’s Representative, Other Key Personnel

Appendix E: Subconsultants and subconsultants' Key Personnel – Not Applicable

Appendix F: Other Consultants, Other Consultant’s Insurance, Personnel, Equipment, Facilities and Information Supplied by Council – Not Applicable

Appendix G: Council’s Hazard Identification and Notification Appendix H: Consultant’s Obligations

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Appendix A

Scope, Purpose, Programme and Completion Date for the Services

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Appendix B

Fees, Expenses and Payment

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Appendix C

Council’s Representative Council’s Representative: Name: Dennis Preston Telephone: 941 8728 Fax: 941 8783 Mobile phone: 027 824 8102 E-mail: Dennis.Preston@ccc.govt.nz

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Appendix D

Consultant’s Key Personnel, Consultant’s Representative, Other Key Personnel

Consultant’s Key Personnel: Name: Telephone: Fax: Mobile phone: E-mail: Consultant’s Representative: Name: Telephone: Fax: Mobile phone: E-mail: Other Key Personnel: Name: Telephone: Fax: Mobile phone: E-mail:

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Appendix E

Subconsultants and subconsultants' Key Personnel

Not Applicable

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Appendix F

Other Consultants, Other Consultant’s Insurance, Personnel, Equipment, Facilities and Information Supplied by Council

Not Applicable

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Appendix G

Council’s Hazard Identification and Notification

(delete if not applicable)

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Appendix H

Consultant’s Obligations

In carrying out the Design and Construction Services, the Consultant must take reasonable steps to comply with the following: 1. Christchurch City Council Infrastructure Design Standards (IDS). 2. Christchurch City Council’s Construction Standard Specification (CSS). 3. All codes, standards and rules adopted by the Council applicable to the Services. 4. Any engineering certification, resource or building consents or traffic management applicable to the

Services.