•
Qualifications, experience and expertise of the
three persons nominated
for the ER, including demonstration of their compliance with the
qualification and experience criteria specified for Environmental
Auditors in AS/NZS ISO 19011:2003 Guidelines for Quality and/or
Environmental Management Systems Auditing;
•
Estimated time (hours) anticipated for the ER to undertake the ER's
services;
•
Timing of the ER's services; and
•
Structured processes and reporting protocols for the performance of the
ER's services.
B.
The Tenderer must provide written confirmation from the Tenderer and the three
nominated ERs that the Tenderer and the nominated ERs accept the terms of the
Deed of Appointment of ER in Schedule 30 of the Project Deed, including the
scope of the ER services in the form of Schedule 30B of the Deed of
Appointment of ER and are prepared to execute the Deed of Appointment of ER.
C.
The Tenderer must provide an ER’s Payment Schedule including all information
required in clauses 4, 6 and 8 of the Schedule - (Schedule 30C to the Deed of
Appointment of ER). This Payment Schedule must cover the costs of any of the
three persons nominated in Volume VII (ii)A. as available to be engaged as the
ER and will apply regardless of which ER RMS choose to be engaged. The ER’s
fees must be the same as the amounts identified in Items 5.1(a) and 5.2(a) of the
table in clause 1.1 of the Tender Form.
D.
The Tenderer must provide the Contractor’s margin and
contingency to be
applied to the ER’s fees (which must be the same as the amounts identified in
Items 5.1(b) and 5.2(b) of the table in clause 1.1 of the Tender Form). The
Contractor’s margin and contingency must include any allowance for risk that the
Tenderer considers necessary in relation to the selection of the ER by RMS,
including any risk related to the performance of the ER. This margin will apply
regardless of which ER RMS choose to be engaged.
E.
If RMS determines that none of the nominated ERs is suitable or capable of
performing the ER's services, including not demonstrating that the personnel
proposed to undertake the ER's services have
sufficient technical skills,
qualifications, experience and competence, RMS may reject the nominated ERs
and require the Tenderer to nominate alternative ERs and to provide all of the
details required by clause 3.2(i)(ii)A. to 3.2(i)(ii)D.
F.
Once a Recommended Tenderer has
been selected RMS will, in its absolute
discretion and subject to RMS’ rights under clause 3.2(i)(ii)E of the Request for
Tender, choose one of the ERs nominated by the Recommended Tenderer and
advise the Recommended Tender which nominated ER entity is to be engaged as
the ER under the Deed of Appointment of ER. The chosen ER’s fees including
the Contractor’s margin and contingency will be included in the Design Contract
Sum and the Construction Contract Sum as appropriate.
(iii)
Dispute Avoidance Board
A.
Nominations for DAB member (Project Deed Schedules 38 and 39)
1.
The Tenderer must nominate in its Tender two
persons that the Tenderer
considers suitable as its nominees for appointment as a DAB member and
who are available to be appointed for the duration of the period of
engagement contemplated for the DAB (in this clause
'Tenderer's
nominees').
2.
The Tenderer must provide, for each of the Tenderer's nominees, details on:
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•
the technical skills and experience of the person relevant to the criteria
in Schedule 39
of the Project Deed;
•
any matters which may be construed as a conflict of interest in respect
of a prospective Member, or Member, under the criteria in Schedule 39
of the Project Deed.
B.
The Tenderer must provide a disclosure statement for each of the Tenderer's
nominees, signed by the relevant nominee and setting out details on the matters
specified in part 2 of Schedule 39 of the Project Deed.
C.
The Tenderer must provide written confirmation from the Tenderer and each of
the Tenderer's nominees that the Tenderer and the Tenderer's nominees accept
the terms of the DAB Agreement in Schedule 38 of the Project Deed and are
prepared to execute the DAB Agreement.
D.
The Tenderer must provide a Schedule of Fees and Disbursements for each of the
Tenderer's nominees that would be included in Appendix 3 of the DAB
Agreement in respect of the selected nominee.
1.
The Fees for each of the Tenderer's nominees are to be:
a.
a fixed
Monthly Retainer fee, including initial review of contract
documentation, routine review of Project minutes and reports,
preparation for DAB meetings and internal communications between
DAB members (which must be the same as the amounts identified in
Items 6.1 and 7.1 of the table in clause 1.1 of the Tender Form);
b.
based on a Daily Fee for routine DAB meetings at nominal frequency of
2 or 3 monthly intervals, including travel time (which must be the same
as the amounts identified in Items 6.2 and 7.2 of the table in clause 1.1 of
the Tender Form): and
c.
based on an hourly rate for all other services including advisory
opinions, determinations relating to actual disputes and
other activities
not covered by the Monthly Retainer and Daily Fee (which must be the
same as the amounts identified in Items 6.3 and 7.3 of the table in clause
1.1 of the Tender Form).
2.
The rates in 1a, 1b and 1c above are to include all costs, disbursements and
expenses, excluding:
•
escalation provision (which is an annual adjustment from the
anniversary of date of the DAB Agreement)
•
travel and accommodation outside of Sydney; and
•
any third party costs contemplated under clause 6(b)(i)(B) of the DAB
Agreement (including any booking fee, room hire and transcript costs),
which are to be paid as specified in Appendix 3 of the DAB Agreement.
(j)
Volume VIII: Options
The Tenderer must in respect of any options (including mandatory options required under clause
3.1(b)):
(i)
provide a detailed schedule with descriptions of each and any option offered for RMS’
consideration;
(ii)
provide a schedule setting out changes to the conforming Tender, including payment
schedules, design details sufficient to define the option and any changes to
the Project
Plans and programs applicable to each option offered;
(iii)
provide separately changes to the conforming Tender in relation to the Project Verifier’s
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