only.
In this Request for Tender, the meaning of the phrase
'for Tenderers' information only' will
be taken to include the matters referred to in clause 1.4.2(a) of this Request for Tender below.
(c)
Pursuant to clause
[insert relevant Pre-tender Conditions Clause No, if they were issued to
Tenderers] of the Pre-tender Conditions:
(i)
Tenderers were offered the opportunity to request RMS to conduct further geotechnical
investigations and testing in the area of and adjacent to the Construction Site for the
purpose of further investigating the geotechnical conditions in
the area of and adjacent to
the Construction Site;
(ii)
RMS has at its cost arranged to hire the required testing plant and equipment to facilitate
some or all of the further investigations and testing requested by Tenderers, and RMS is
endeavouring to program and carry out any such further investigation and testing; and
(iii)
the results of any such further investigation and testing undertaken at the request of a
Tenderer will be issued to Tenderers as Information Documents if and when RMS
obtains any such results.
(d)
The Tenderer must, before
[insert date, if relevant], advise RMS Representative
of details
(description, purpose and location) of any further geotechnical investigations it would like RMS
to carry out. Based on requests received from all Tenderers, RMS will then decide what, if any,
further geotechnical investigations will be undertaken by RMS. RMS is not obliged to carry out
any further geotechnical investigations. Information about any such further geotechnical
investigations undertaken by RMS will be issued as Information Documents and the conditions
referred to under clause 1.4.2(a) of this Request for Tender apply equally to any such
information.
(e)
Where a request for further geotechnical investigations is received from a Tenderer under clause
1.4.1(d) which RMS does not undertake or propose to undertake, or if the Tenderer otherwise
requires further geotechnical or other information, the Tenderer must (at its cost):
(i)
make its own arrangements in relation to and obtain all access to the Construction Site
and any other land and properties (including private land and RMS land) necessary for it
to undertake its own investigations; and
(ii)
contact all relevant Authorities connected with the Construction
Site and any other land
and properties (including private land and RMS land) to obtain any consents necessary
for the Tenderer to undertake its own investigations, and any additional information the
Tenderer wishes to obtain for the purposes of preparing the Tenderer's Tender.
1.4.1.2
Noise and Flood Data
(a)
RMS has caused to have undertaken flood and noise modelling in some areas of and adjacent to
the Construction Site. Outputs of this flood modelling are variously included in models titled;
(i)
[
insert details]; and
(ii)
[
insert details]
(b)
Outputs of the noise modelling will also be issued as Information Documents.
(c)
Tenderers are advised that flood and noise assessment assumptions and interpretations made in
the Information Documents are for the purpose of RMS developing the Project and must not be
relied upon by Tenderers for the purposes
of preparing their Tenders, except as acknowledged by
RMS in clause 10.2(f) of the Project Deed and required by sections [
insert references to relevant
clauses] of the Scope of Works and Technical Criteria in relation to the use of the flood models.
Tenderers must otherwise make their own assessment of the flood and noise conditions to be
found in the area of and adjacent to the Construction Site.
1.4.1.3
Operations of the Deed of Disclaimer or the Pre-tender Conditions
(a)
Nothing in this clause 1.4 limits the operations of the Deed of Disclaimer or the Pre-tender
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Conditions.
1.4.2
Warranties and Representations
(a)
RMS makes no warranty or representation, and does not assume any duty of care to Tenderers,
that any information made available by RMS is accurate, adequate, suitable or complete, or
representative of the actual conditions to be found, except to the extent acknowledged by the
RMS under clause 4.12(b) of this Request for Tender and as otherwise
specified in the Project
Deed. RMS accepts no responsibility and shall not be liable for interpretations placed by the
Tenderer on information, data and documents, whether contained in an Information Document or
not. The Tender must be based on the Tenderer’s own investigations and determinations. The
Tenderer must not rely on such information, data and documents except to the extent
acknowledged by the RMS under clause 4.12(b) of this Request for Tender. Tenderers' attention
is specifically directed to clauses 4.12 and 4.13 of this Request for Tender, clause 1.10 of the
Tender Form of this Request for Tender and clause 10 of the Project Deed.
1.5
S
TATUS OF
E
XISTING
D
ESIGN
(a)
For its own planning purposes RMS has prepared a preliminary concept designs for the
roadworks and bridgeworks. RMS does not warrant, guarantee, represent or assume any duty of
care
to Tenderers that the designs;
(i)
are accurate, adequate, suitable or complete;
(ii)
are the most effective design solution; or
(iii)
meet the requirements of the Project Deed.
(b)
The preliminary concept design is included as an Information Document. RMS may continue to
undertake investigation and design for the purpose of comparative evaluation of Tenders and for
finalisation of the Project Deed.
(c)
The Tenderer must accept responsibility for the design upon which its Tender is based. The
design must comply with the requirements of the Project Deed.
1.6
P
ROJECT
D
EED
(a)
The Project Deed, including the Scope of Works and Technical Criteria, stipulates RMS’
requirements for the Contractor’s Work and the design, construction and landscape maintenance
risks which are to be borne by the Contractor. The Tenderer must refer to the Project Deed for
the
detail of those requirements, and will be deemed to have taken those requirements into
account in lodging its Tender.
(b)
Schedule 2, Design Payment Schedule and Schedule 3, Construction Payment Schedule, Cost
Centre 9 include Provisional Sum Work as part of the Services Works. Tenderers are required to
identify and detail all impacts arising from Services on the Tenderer’s concept design as required
by clause 3.2(e)(ix) and only which are covered by the Provisional Sum Work.
(c)
Where the successful Tenderer is a joint venture, RMS will require relevant amendments to the
Project Deed and Schedules.
1.7
C
ONTRACTOR
P
ERFORMANCE
R
EPORTING
During the course of the Project Deed, the Contractor's performance will be monitored, including for the
purposes of clause 1.8 below.
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