nzta accelerated renewal business case regional delivery ... · nzta acceler ated renewal business...

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1 Prepared by: Kara Atkinson Specialist Energy Services NZTA ACCELERATED RENEWAL BUSINESS CASE REGIONAL DELIVERY – WC 324 TAIRAWHITI ROADS AUGUST 2017 Introduction Tairawhiti Roads wishes to be considered for Accelerated Renewal – Regional Delivery. This report provides basis for consideration. Background In 2015 Gisborne District Council (GDC) and Tairawhiti Roads (TR) undertook a joint venture with NZTA to begin the upgrade of their traditional sodium and metal halide streetlights with Light Emitting Diode luminares (LEDs). TR projects to have all lighting assets changed to LED by 2021. The benefits of the accelerated renewal program are evident including reduced kWh and operating cost, decreased maintenance, increased road safety and reduced night sky pollution. TR has employed the services of Specialist Energy Services (SpecialES) as project managers the first three of the seven year LED rollout for TR and GDC joint project. SpecialES works hands on with GDC/TR all aspects of the project including procurement, tender, lighting design procurement and review, pre-construction meetings, weekly reporting, contract management, network lines company notification requirements, As-Build and RAMM data updates and quality assurance. As Energy Managers, SpecialES also maintains the monthly energy management for both GDC and TR and is able to track energy savings from LED and represent NZTA interests at consultation with Network Lines company level. As SpecialES works with both TR and GDC, cohesion between the two parties will exist. This report has been provided by SpecialES for their knowledge of the roading network, works already undertaken and industry knowledge for electricity supply, network and lighting products. TR also selected Advanced Lighting Technologies (ADLT) Cree XSP series for GDC owned luminaires. The choice to select one lighting family providing consistency throughout the region with light quality, ease of maintenance and price procurement opportunity. For the purposes of this report, cost estimations are based on ADLT pricing and now reflects discounted price available to TR till 26 August 2017. TR contracted the services of local installer Electrinet Limited. For the first two years of the project Electrinet have charged an installation rate of $138.82 and $148.88 plus GST respectively. This report has been based on the installation cost of $148.88 plus GST per luminaire, which should take into consideration the more remote areas of Tairawhiti State Highways. In August 2017, Electrinet has provided a quoted rate of $148.88 for NZTA lights replacement. GDC has current electricity retail contract with Genesis Energy valid till 31 January 2018 however opportunities are being looked at by SpecialES for any other available cost benefits. This contract can be terminated earlier without penalty. This contract encompasses all streetlight assets in Tairawhiti. LED Technology LED Streetlights provide a marked change in colour from the yellow/orange to white. They are commonly perceived by the naked eye as being brighter however, in the majority of cases and in simple terms, this is because of the way the human eye recognises white light as a brighter colour. White light is well suited on roads as a streetlights intended purpose is to provide increased road safety for all users. The photos included in Appendix 2 of this report show the difference colour rendition makes on the road surface. This project has seen the installation CREE XSP lights in 4000k colour with a CRI 70. Lamp life of LED technology is 20 plus years and after that period, LEDs tend to ‘fade’ rather than ‘burn out’ LED lighting has now reached a level of technical maturity, an investment is considered to be low risk however care must be taken in several areas including selection of lighting equipment in terms of performance meeting the criteria of ASNZS1158 and best practice for installation. Appendix 1

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Page 1: NZTA ACCELERATED RENEWAL BUSINESS CASE REGIONAL DELIVERY ... · NZTA ACCELER ATED RENEWAL BUSINESS CASE REGIONAL DELIVERY – WC 324 TAIRAWHITI ROADS AUGUST 2017 Installation cost:

1

Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

Introduction

Tairawhiti Roads wishes to be considered for Accelerated Renewal – Regional Delivery. This report provides basis for

consideration.

Background

In 2015 Gisborne District Council (GDC) and Tairawhiti Roads (TR) undertook a joint venture with NZTA to begin the upgrade of

their traditional sodium and metal halide streetlights with Light Emitting Diode luminares (LEDs). TR projects to have all lighting

assets changed to LED by 2021. The benefits of the accelerated renewal program are evident including reduced kWh and

operating cost, decreased maintenance, increased road safety and reduced night sky pollution.

TR has employed the services of Specialist Energy Services (SpecialES) as project managers the first three of the seven year LED

rollout for TR and GDC joint project. SpecialES works hands on with GDC/TR all aspects of the project including procurement,

tender, lighting design procurement and review, pre-construction meetings, weekly reporting, contract management, network

lines company notification requirements, As-Build and RAMM data updates and quality assurance.

As Energy Managers, SpecialES also maintains the monthly energy management for both GDC and TR and is able to track energy

savings from LED and represent NZTA interests at consultation with Network Lines company level. As SpecialES works with both

TR and GDC, cohesion between the two parties will exist. This report has been provided by SpecialES for their knowledge of the

roading network, works already undertaken and industry knowledge for electricity supply, network and lighting products.

TR also selected Advanced Lighting Technologies (ADLT) Cree XSP series for GDC owned luminaires. The choice to select one

lighting family providing consistency throughout the region with light quality, ease of maintenance and price procurement

opportunity. For the purposes of this report, cost estimations are based on ADLT pricing and now reflects discounted price

available to TR till 26 August 2017.

TR contracted the services of local installer Electrinet Limited. For the first two years of the project Electrinet have charged an

installation rate of $138.82 and $148.88 plus GST respectively. This report has been based on the installation cost of $148.88

plus GST per luminaire, which should take into consideration the more remote areas of Tairawhiti State Highways. In August

2017, Electrinet has provided a quoted rate of $148.88 for NZTA lights replacement.

GDC has current electricity retail contract with Genesis Energy valid till 31 January 2018 however opportunities are being looked

at by SpecialES for any other available cost benefits. This contract can be terminated earlier without penalty.

This contract encompasses all streetlight assets in Tairawhiti.

LED Technology

LED Streetlights provide a marked change in colour from the yellow/orange to white. They are commonly perceived by the

naked eye as being brighter however, in the majority of cases and in simple terms, this is because of the way the human eye

recognises white light as a brighter colour. White light is well suited on roads as a streetlights intended purpose is to provide

increased road safety for all users. The photos included in Appendix 2 of this report show the difference colour rendition makes

on the road surface. This project has seen the installation CREE XSP lights in 4000k colour with a CRI ≈70. Lamp life of LED

technology is 20 plus years and after that period, LEDs tend to ‘fade’ rather than ‘burn out’

LED lighting has now reached a level of technical maturity, an investment is considered to be low risk however care must be

taken in several areas including selection of lighting equipment in terms of performance meeting the criteria of ASNZS1158 and

best practice for installation.

Appendix 1

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

Lighting Design

ADLT currently supply lighting designs free of charge as required for identified areas of road. Areas are identified and assessed at

project commencement. Lighting designs are supplied by certified lighting designers and hold Graduate Science and Technology.

CMS

Central Management Systems (CMS) whereby LED luminaires have control nodules installed for centralised communication for

dimming capability, system functionality and automated maintenance, have not been included in the GDC renewal project as it

was considered to be cost benefit prohibitive. It is also highlighted that many remote areas of Tairawhiti do not have cellphone

coverage and current CMS connectivity requires 3G and 4G networks. All CREE XSP1 and XSP2 luminaires are CMS ready with

NEMAA7 capability for future installation.

ACCELERATED RENEWAL – Regional Delivery

Purpose

It is acknowledged that NZTA wish to fulfil a number of objectives with the Accelerated Renewal program as well as installing LED

being;

1. Improve lighting conditions on SH network – M30 and ASNZ1158

2. Establish an accurate national inventory of streetlight data (RAMM)

3. Establish renewal criteria prioritising including need, location and cost

4. Improved communication and identification of assets owned and managed by both GDC and NZT working together on

procurement of LEDs, installation contracts and ongoing maintenance

5. Improving understanding of electricity network and retailer roles, market conditions, future electricity procurement

opportunities and future finance management simplification for NZTA

These criteria have also been acknowledged in this report.

Existing Network:

Both HPS and MH produce a yellow/gold colour light that has a poor Colour Rendering Index (CRI) ≈25 with a lamp life of

typically 12,000 – 16,000 hours, therefore 3-4 year operation. Traditional technology also produces a high volume of upward

light spill which is commonly accepted to alter the appearance of the night sky.

Although these technologies have served international roads well in the past, the progression of LED technology has become

commonly accepted as a preferred light source with its higher colour rendition, lower energy consumption and decreased

maintenance due to its extended lamp life.

Asset Inventory

NZTA has 500 identified street light assets on State Highways 2 and 35 which run from Potaka to the North and Tarewa Road,

Wharerata to the south. Appendix 1 Map Tairawhiti

It is noted that TR have recently undertaken a paper and physical verification to ascertain asset quantity and while there may still

be some variance, as with the GDC rollout, AsBuild data will provide an accurate database at the end. These updates will also

include with specific optic data as well as product codes to future proof asset database.

SpecialES also has access to the Eastland Network generated report which is provided to the retailer which identifies all

streetlight assets in the TR region. SpecialES uses this report to ensure that wattage reductions have taken place (therefore

charging). As all rural towns in Tairawhiti have already been changed to LED, this report will be a useful resource when the NZTA

assets are also changed and will identify any further anomalies in quantity of assets and the charging process.

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

Installation cost:

Years 1-3 of the GDC LED renewal programme has been contracted to Electrinet (now Horizons Services Limited). Electrinet have

supplied a quoted rate for installation for this project of $148.88 per fitting. Appendix 2 Electrinet Quote

Installation

Northern 71 $148.88 $10,570.48

Western 429 $148.88 $63,869.52

500 $74,440.00

Existing Column Inspection:

It is recommended that during the LED installation process, AsBuild data is collected by contractor per ITS checklist and provided

to project managers for RAMM update with view of having a complete and accurate database at project end.

A per unit price has been quoted by Electrinet of $45.50 plus GST per column. Appendix 2 Electrinet Quote

Column Inspection

Northern 71 $45.50 $3,230.50

Western 429 $45.50 $19,519.50

500 $45.50 $22,750.00

LED Luminaires:

Market rates for the ADLT Cree products and reduced buy price for GDC is as follows.

CREE LED Watt. replaced Wattage range Market price GDC Price Disc. price before 26/7/17

XSP1 70-150w 22w–67w DALI driver factory set,

variable optic

$630.00 $567.00 $535.50

XSP2 250w 67w-116w DALI driver factory

set, variable optic

$920.00 $828.00 $782.00

** The above represents savings of $21,115.00 at the discounted rate negotiated on behalf of Tairawhiti Roads, if the order

placed before 25 August 2017 and excludes CMS. Appendix 3 Advanced Lighting Technologies quote

Appendices 5, 6 7 – Spec sheets – ADLT CREE XSP

CREE XSP2 CREE XSP1

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

Project Financials:

Overall the programme including LED, installation and column inspection will cost $456,145.00.

• ‘Highway’ fitting replacement - CREE XSP1 and XSP2

• Installation at $148.88 per fitting

• Column inspection @ $45.50 per column

Watts

Qty of

lights Type LED unit cost LED

Installation @

$148.88

Column

Inspection

@$45.50 Project cost

70 105 XSP1 $ 535.50 $ 56,227.50 $ 15,632.40 $ 4,777.50 $ 76,637.40

100 25 XSP1 $ 535.50 $ 13,387.50 $ 3,722.00 $ 1,137.50 $ 18,247.00

150 250 XSP2 $ 782.00 $ 195,500.00 $ 37,220.00 $ 11,375.00 $244,095.00

250 120 XSP2 $ 782.00 $ 93,840.00 $ 17,865.60 $ 5,460.00 $117,165.60

500 $ 358,955.00 $ 74,440.00 $ 22,750.00 $456,145.00

Regional Split:

Northern

Watts Qty Total cost installed

70 63 $ 45,982.44

100 0 $ -

150 6 $ 5,585.28

250 2 $ 1,861.76

71 $ 53,429.48

Section Prioritisation

We recommend splitting works into four sections, each identifying the following:

Location Criteria applied Priority

SH35 Wainui to Customhouse 1, 2, 5,6, 7 One

SH35 Customhouse to Awapuni 1, 2, 5,6, 7 One

SH 35 Potaka – Tolaga Bay 1, 3, 4,5,8 Two

SH35 Makarori to Wainui 1, 4, 5,6, 7,8 Two

SH2 Manutuke to Ormond 5, 6,8 Three

SH2 Ormond to Matawai 5, 6,8 Three

SH35 Awapuni to Manutuke 5, 6 Four

1. Safety: semi urban pedestrian/vehicle environment

2. Safety: high traffic count intersections

3. Maintenance cost – distance from main centre

4. Higher electricity cost – non-half hourly

5. Night time accident areas

6. Light consistency in corridor

7. Adjacent to GDC LED lights

8. Programme timeliness

Western

Watts Qty Total cost installed

70 42 $ 30,654.96

100 25 $ 18,247.00

150 244 $ 238,236.72

250 118 $ 115,212.84

429 $ 402,351.52

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

Lighting Designs:

We consider areas of road which require specific lighting designs to be:

• SH35 Wainui to Customhouse Street*

• SH35 Customhouse to Awapuni Road*

• SH35 Wainui, Oneroa, Makarori

• All SH35 50km zones i.e. Tikitiki, Ruatoria, Te Puia, Tokomaru Bay, Tolaga Bay

• All roundabouts e.g. SH35 Manutuke/Tiniroto roundabout

• All major intersections e.g. Customhouse/Gladstone Bridge, SH2 Te Karaka x 2, Matawai

• All pedestrian crossings/pedestrian refuge areas

* Lighting designs already ordered and will be provided as addendum to this report

LA Involvement

GDC has completed two years of a seven year LED rollout programme. TR is managing the capital works for this project with

assistance from SpecialES. The processes for community consultation will remain consistent with TR Best Practices including

letterbox drops, media releases etc.

Power and Power Service Charges

Electricity is currently supplied by Eastland Network as the only network supply in the region. GDC has a current electricity

contract with Genesis Energy as retailer which includes streetlighting supply which is oncharged to NZTA by TR quarterly. Billing

is covered by four Time of Use (encompassing 162 ICPs over four network tariff structures) and 19 non-half hourly ICPs.

Network charges for TOU are over four load groups:

Pricing PNH0003 PNH0030 PNL0003 PNL0030

Fixed $0.4216 $2.3098 $0.4216 $2.3098

Variable $0.1454 $0.1045 $0.1679 $0.1091

Energy charges

Time of day Rate Time of Day Rate

Wknd 0001 - 0400 0.45186 c/unit Wknd 0401 – 0800 0.41811 c/unit

Wknd 0801 - 1200 0.5674 c/unit Wknd 1200 – 1600 0.4979 c/unit

Wknd 1601 – 2000 0.4969 c/unit Wknd 2001 – 2400 0.52468 c/unit

Wkday 0001 – 0400 0.40993 c/unit Wkday 0401 – 0800 0.56268 c/unit

Wkday 0801 – 1200 0.7642 c/unit Wkday 1201 – 1600 0.72991 c/unit

Wkday 1601 – 2000 0.71500 c/unit Wkday 2001 – 2400 0.59416 c/unit

EEA Levy $.1075 c/unit Metering and Data Service Fee $3.300 $/day

NHH Line charges:

Daily Consumption

$1.24 p/day .32c p/kwh

$8.39 p/day .20c p/kwh

$3.15 p/day .25c p/kwh

$3.29 p/day .26c p/kwh

All NHH meters have been changed to smart meters from mid-December 2016.

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

As ENL supply both regions for both NZTA and LA streetlighting, opportunity could exist for joint negotiation on NZTA behalf.

Savings analysis

• Energy savings: $24,453.72 p.a. providing total cumulative savings over 20 year period of $489,074.

• Maintenance savings: $39,926.25 p.a. providing total cumulative savings over 20 year period of $789,525

• Cumulative total savings: $1,287,599

Energy savings are tracked monthly, quarterly and annually by SpecialES and provided to Tairawhiti Roads.

At this stage, electricity savings are possible only with the reduction in usage (kwh) and this will be closely monitored as part of

the TR Energy Management strategy for NZTA. Once the current contract with Genesis Energy is ended, other opportunities for

savings would be investigated. SpecialES has been advised by Eastland Network they are considering changes to their existing

price structure to a per bulb charge however this has not yet been verified.

Retailer Procurement Planning

Electricity for NZTA lighting assets comes under GDCs’ existing contract with Genesis Energy which expires in January 2018. This

procurement was undertaken using the industry standard bulk procurement practice, with best overall pricing secured. Towards

the end of 2016, SpecialES undertook to split TR ICPs from GDC for reporting and invoicing functions as we work towards pre-

procurement phase from October 2017. This will include price comparisons of multiple retailers, non-standard retailers (SPOT

market, TOU bundling and unbundling, smart meter installation, night rate price options etc.) If lighting assets are separate,

opportunity may also exist for NZTA to secure a separate contract with best price retailer.

Existing Control and Network

As with most streetlight networks, GDC streetlights are controlled by way of a way ripple control that is provided by Eastland

Network. There is a cost to maintaining the ripple control plant which is passed on to Council. The ripple signal determines on

and off times which allows a calculation of energy consumption. The consumption savings in reduced wattage from traditional

light sources to LED are monitored monthly by SpecialES by way of the report provided by the lines company to the retailer.

SpecialES will provide Application for Service requests through to the Network Lines Company via the Contractor. This indicates

to the Lines Company that there is an upcoming reduction in load. Upon completion of the installation at the site, the Contractor

provides a report to SpecialES for Network updates.

Future Maintenance

• Make and model details will be tracked through RAMM database

• Future NOC contracts will take into consideration reduced streetlight maintenance but will encompass recommended

cleaning regime of every 4 years.

• Ongoing cost opportunities (i.e. cleaning) could also be incorporated in the cleaning programme for 3,800 GDC assets.

• Routine inspection will be incorporated into work schedules as well as member of public notifications for outages

RAMM Updates

SpecialES will provide AsBuild data for RAMM update at conclusion of each install. This will also include pole type, location data

etc. TR currently also uses AsBuild data to verify contractor invoices.

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

ADDITONAL COSTS:

COLUMN MODIFICATIONS:

Outreach and Cross arm replacement:

It is acknowledged that as there is limited information about the age and condition of the existing columns, outreaches and

brackets, it may be necessary for contractors to replace all or some components at the time of installation. Electrinet have

provided pricing for this at $459.14 plus GST per fitting. An assumptive PC sum has been applied below. Appendix 2 Electrinet

quote

Spigot Adapters – Oclyte Columns:

Oclyte columns more than 5 years old will require a spigot adapter to be used to adjust the diameter of the outreach arm. As the

columns are of unknown age and type, an assumption must be made as to how many spigot adapters will be required for this

project. Adapters are between $15.00 and $17.50 each and it is estimated that 66% of the Oclyte columns will require adapters.

An assumptive PC sum has been applied below.

Column Modification: Qty % Cost Total

Spigot Adapter upgrade 500 66.00% $ 17.50 $ 5,775.00

Column outreach and cross arm replacement 500 25.00% $ 459.14 $ 57,392.50

Assumptive PC Sum $ 63,167.50

Project Management fees:

SpecialES standard rates of engagement are $150.00 plus GST per hour and have not been included in this report. SpecialES

estimates this 8 month project with management fees between $36,000 - $47,500 Appendix 8 – SpecialES Short form

agreement

Conclusion:

To replace existing streetlights the following funding will be required:

LED Luminaires $358,955.00

Installation $ 74,440.00

Column inspection RAMM updates $ 22,750.00

Outreach/column modifications $47,600 - $63,167.50

Project Management fees $36,000 - $47,500

Project Sum total: $539,745.00 - $566,812.50

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

Appendices

1 Pre and post installation photographs GDC

2 Map Tairawhiti

3 Quote: Electrinet

4 Quote: Advanced Lighting Technologies

5 ADLT CREE XSP1 spec sheet

6 ADLT CREE XSP2 spec sheet

7 ADLT Manufacturers warranty

8 SpecialES Short form agreement

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

Patutahi pre and post LED installation 2016 showing reduction in night sky pollution

(photo supplied by John Drummond, Possum Observatory)

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

Residential Street Elgin pre and post installation 2016 – CREE XSPR

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

Pedestrian crossings in sodium and LED 2016

Installing the CREE XSP2 116w light at this intersection has dramatically increased the night visibility highlighting the

difference between colour temperatures. It is also noted that the column distance from the pedestrian crossing did not need

to be altered to achieve this result

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Prepared by: Kara Atkinson Specialist Energy Services

NZTA ACCELERATED RENEWAL BUSINESS CASE

REGIONAL DELIVERY – WC 324

TAIRAWHITI ROADS

AUGUST 2017

Main Road Makaraka Sodium vs LED 2016.

These photos were taken at different locations on the same night, but same distance from lighting column.

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Contains Crown Copyright Data -Sourced from Land Information NZ.

Orthophotography -NZAM, Terralink and Aerial Surveys

Created by:

NZGD_2000_New_Zealand_Transverse

_Mercator

NZTA - TairawhitiProjection:

Date: 8/12/2016 8:29:07 a.m.

Kara Atkinson

Map Scale: 1,000,0001: @ A4

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164 Carnarvon Street

Gisborne 4010

T +64 6 867 7771 F +64 6 868 4949

www.electrinet.co.nz

01 August 2017 Independent Energy PO Box 12032 Inner City Palmerston North Dear Kara RE: LED Fitting Installation – NZTA Lights - Gisborne / Eastcoast Area. Thank you for the opportunity to price your work. Job #1

• Replace existing NZTA light fitting with new LED light installation in the Gisborne and East Coast area. Complete Cost $148.88 + GST (per fitting) Job #2

• Replace existing Power pole cross arm outreach bracket with new heavy duty unit to suite new LED fittings (where required)

Complete Cost $459.14 + GST (per fitting) Job #3

• Carry out streetlight column inspection as per ITS Checklist. Provide Electronic report on completion or works.

Complete Cost $45.50 + GST (per fitting) Note: Customer to provide all Light fittings. Includes all TMP & CAR consents. The outreach Brackets price is only relating to the end of crossarm mounted unit. Pole mounted brackets will need to be advised by engineer on the structural true integrity. We can only give best indication based on visual inspection. The above fitting replacement Job (#1) does not include any decorative type columns fitment. All Work will be completed to Eastland Network Ltd Standards Our terms of trade are strictly 20th of the month following completion Yours faithfully

Toby Pickering WORKS MANAGER

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Venture Lighting Ruud Lighting Cree LED Lighting Carmanah Solar LED Lighting Vicpole Streetscaping

To: Tairawhiti Roads

Attention: C/- Kara Atkinson

Fax/E-mail: [email protected]

From: Martin Jesson Technical Sales

Project: Tairawhiti Roads NZTA Portion

Date: 25st July 2017

Pages: 2

QUOTATION

Type Qty Description Unit Price

Excl GST

XSP2

342 1 x Cree #XPSC210I116+4SVNDL XSP2 Street light luminaire, IP66, T210M optic, 116watt, 4000K. NEMA7 Receptacle & DALi Driver, 10-year factory warranty

. DeltaGuard™ Colour Finish – Silver

Bulk Buy $782.00ea

XSP1 128 1 x Cree #XPSC3MH67+4SV XSP1 Street light luminaire, IP66, T3M optic, 67watt, 4000K. NEMA7 Receptacle & DALi Driver, 10-year factory warranty DeltaGuard™ Colour Finish – Silver

Your Buy 535.50ea

AUCKLAND OFFICE

Unit 8, 25 Airborne Road Rosedale, Auckland 0632 PO Box 11 Tauranga 3140 New Zealand Ph: + 64 9 415 6332 Fax: + 64 9 415 6255 E-mail: [email protected]

TAURANGA OFFICE

8 Boeing Place Mount Maunganui P O Box 11 Tauranga 3140 Ph: + 64 7 579 0163 Fax: + 64 7 579 0164 E-mail: [email protected]

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2

Product Specification

This quotation is based upon the documentation and instruction as provided both written and verbal to ADLT NZ by Special Energy Service Ltd for Gisborne District Council.

Notes

Standard Terms of Trade

o all products are supplied in accordance with our full Standard Terms of Trade.

Prices

o are NET o exclude GST o are FIS o are valid for 30 days from the above date

Quantities

o The quantities listed are indicative for quoting purposes only. It remains the buyer’s responsibility to check all quantities prior to ordering.

o This quotation is based upon the quantities as shown. Any change of quantities may necessitate a requote.

Retentions

o No retentions shall be made by the buyer unless specifically arranged and agreed with in writing prior to receipt of the buyers official order.

Order Cancellation, Amendments & Returns

o Some/all of the above items are either assembled, made or indented to special order. Once ordered many of these products are not able to be cancelled. Restocking fees may apply to the cancellation or return of other products.

o No products will be accepted for credit under any circumstances by Advanced Lighting Technologies NZ Ltd (ADLT) unless discussed with & agreed by ADLT PRIOR to the return of the products. If agreed then a Goods Return Authority (GRA) will be issued by ADLT & a copy of this GRA must accompany the goods being returned.

o All products must be returned in a resalable condition – complete, undamaged, un-used & in original packaging. o The buyer’s will remain responsible for the return of the products to ADLT’s Mt Maunganui warehouse.

Freight

o ADLT will advise by fax or E-mail the freight consignment details on despatch of goods. It is the buyer’s responsibility to liaise with the freight company for final delivery details.

Goods Unloading

o Goods unloading at the delivery site is the buyer’s responsibility.

Lead Time

o Delivery will be up to 14-working weeks (if not ex-stock) from receipt of order.

o Order confirmation ahead of the above lead times is recommended & will ensure the products are available within the quoted lead time. ADLT will generally manufacture the products as early as possible & if necessary ADLT will generally hold them in stock for a reasonable period, dispatching (& invoicing) the goods only when the buyer’s advises they are required.

o North Island delivery will be up to 5-working days from day of dispatch. o South Island delivery will be up to 10-working days from day of dispatch.

Ownership

o Ownership of the goods shall remain with ADLT until payment in full has been received for them.

______________________________________________________________________________________

Payment Terms

20th of the month following month of delivery for account holders otherwise full payment

required prior to despatch

Martin Jesson Martin Jesson TechIES

For Advanced Lighting Technologies NZ Ltd

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Advanced Lighting Technologies Australia Inc 110 Lewis Road, Wantirna South, VIC 3152 Australia 61 03 9800 5600 www.adlt.com.auAdvanced Lighting Technologies New Zealand Ltd 8 Boeing Place, Mount Maunganui New Zealand 64 07 579 0163 www.adlt.co.nzAdvanced Lighting Technologies Asia Pte Ltd Block 4008, Ang Mo Kio Avenue 10, #04-06, Techplace 1 Singapore 65 6844 2338 www.adlt.com.sg

XSP Series LED Street Light – IP66 – Single Module Horizontal / Vertical Tenon Mount – Type II Short

XSP1™ IP66 — XSPA2F

F

FType II Short

Ordering InformationExample: XSPA2FGA-US-OPTIONS

XSP A 2 A –

Product Version Mounting Optic ModulesInput Power Designator

– VoltageColor

OptionsOptions

XSP A 2Horizontal / Vertical

Tenon

G4000K

N5700K

A52W

– UUniversal120–277V

V347–480V*

SSilver

(Standard)T

BlackZ

BronzeB

Platinum Bronze

WWhite

Product DescriptionDesigned from the ground up as a totally optimized LED street light system, the XSP Series delivers incredible efficiency without sacrificing application performance. Beyond substantial energy savings and reduced maintenance, Cree achieves better optical control with our NanoOptic® Precision Delivery Grid™ optic than a traditional cobra head luminaire. The Cree XSP Series LED Street Light is the best alternative for traditional street lighting with better payback and better performance.

Performance Summary

Utilizes BetaLED® Technology

NanoOptic® Precision Delivery Grid™ optic

CRI: Minimum 70 CRI

CCT: 4000K (+ / - 300K), 5700K (+ / - 500K)

Limited Warranty†: 10 years on luminaire / 10 years on Colorfast DeltaGuard® finish

Accessories Field Installed Accessories

XA-XSPFTRKIT- Fitter kit to mount to 1.25" (32mm) tenon

F Fuse - When code dictates fusing, use time delay fuse - Not available with V (347/480V) voltageK Occupancy Control - Refer to Occupancy Control spec sheet for detailsN Utility Label and NEMA Photocell Receptacle - Includes Q option - Refer to Field Adjustble Output spec sheet for detailsQ Field Adjustable Output - Refer to Field Adjustable Output spec sheet for detailsR NEMA Photocell Receptacle - Photocell by othersU Utility - Label per ANSI C136.15 - Includes exterior wattage label that indicates the maximum available wattage of the luminaire - Includes Q option - Refer to Field Adjustable Output spec sheet for details

† See www.cree.com/lighting/products/warranty for warranty terms.* 347–480V utilizes magnetic step-down transformer. For input power for 347–480V, refer to the Lumen Output, Electrical, and Lumen Maintenance data table below.

11.9"(303mm)

8.5"(216mm)

29.5"(749mm)

T (800) 473-1234 F (800) 890-7507www.cree.com/canada

Rev. Date: 28 June 2013

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Advanced Lighting Technologies Australia Inc 110 Lewis Road, Wantirna South, VIC 3152 Australia 61 03 9800 5600 www.adlt.com.auAdvanced Lighting Technologies New Zealand Ltd 8 Boeing Place, Mount Maunganui New Zealand 64 07 579 0163 www.adlt.co.nzAdvanced Lighting Technologies Asia Pte Ltd Block 4008, Ang Mo Kio Avenue 10, #04-06, Techplace 1 Singapore 65 6844 2338 www.adlt.com.sg

XSP1™ IP66 — XSPA2F

ITL Test Report #: 77144 XSPA*FGA-UInitial Delivered Lumens: 4,920

XSPA*FGA-UMounting Height: 25' (7.6m)Initial Delivered Lumens: 4,806Initial FC at grade

1.2.1 .52

46˚80'

20'

20'

40'

6.1

0m

6.1

12.2

40'60' 20' 0' 20' 40' 60'

12.218.3 6.1 0m 6.1 12.2 18.3

80'

24.4 24.4

0'

40' 12.2

18.360'

Position of vertical planeof maximum candlepower.

CURB LINE

906

1813

2719

3625150°

120° 120°

60°

90° 90°

60°

30°

150°

Candlepower Trace: Vertical plane throughhorizontal angle of maximum candlepower.

Type II Short Distribution

Input Power

Designator

4000K 5700KSystem Watts

120–277V

System Watts

347–480V

TOTAL CURRENT 50K Hours Calculated Lumen

Maintenance Factor

@ 15˚C (59˚F)***

InitialDeliveredLumens*

BUGRatings**

Per TM-15-11

InitialDeliveredLumens*

BUGRatings**

Per TM-15-11120V 208V 240V 277V 347V 480V

A 4,806 B1 U0 G1 5,340 B1 U0 G1 52 58 0.44 0.25 0.22 0.20 0.17 0.15 93%

Product Specifications

CONSTRUCTION & MATeRIAlS• Die cast aluminum housing

• Tool-less entry

• Luminaire is designed to mount to 2" IP (2.375" [60mm] O.D.) tenons, accommodating tenons up to 2.5" (64mm) in diameter

• Luminaire will also mount to 1.25" (32mm) IP, (1.66" [42mm] O.D.) tenon with XA-XSPFTRKIT accessory

• Fitter is capable of mounting to both vertical and horizontal tenons and can be tilted + / - 5˚

• Designed with 0–10V dimming capabilities. Controls by others

• Exclusive Colorfast DeltaGuard® finish features an E-Coat epoxy primer with an ultra-durable powder topcoat, providing excellent resistance to corrosion, ultraviolet degradation and abrasion. Standard is silver. Black, bronze, platinum bronze and white are also available

eleCTRICAl SySTeM• Input Voltage: 120–277V or 347-480V, 50 / 60Hz

• Class 2 output

• Power Factor: > 0.9 at full load

• Total Harmonic Distortion: < 20% at full load

• Integral 10kV surge suppression protection standard

• To address inrush current, slow blow fuse or type C / D breaker should be used

ReGUlATORy & VOlUNTARy QUAlIFICATIONS• cULus Listed

• Suitable for wet locations

• Enclosure rated IP66 per IEC 60529

• Pending certification to ANSI C136.31-2001, 3G bridge and overpass vibration standards

• 10kV surge suppression protection tested in accordance with IEEE / ANSI C62.41.2

• Pending CALTrans 611 Vibration testing

• Luminaire and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard B 117

• Meets Buy American requirements within ARRA

PhotometryAll published luminaire photometric testing performed to IESNA LM-79-08 standards by a NVLAP certified laboratory.

lumen Output, electrical, and lumen Maintenance Data

ePA and Weight

Weight120–277V

Weight347–480V

EPA

1@90 2@90 2@180 3@90 4@90

27.2 lbs (12.5kg)

30.2 lbs (13.7kg)

0.96 1.92 1.30 2.26 2.42

*Actual production yield may vary between -4 and +10% of initial delivered lumens.** For more information on the IES BUG (Backlight-Uplight-Glare) Rating visit www.iesna.org/PDF/Erratas/TM-15-11BugRatingsAddendum.pdf.*** For recommended lumen maintenance factor data see TD-13. Calculated L70 based on 6,000 hours LM-80-08 testing: > 150,000 hours.

T (800) 473-1234 F (800) 890-7507www.cree.com/canada

© 2013 Cree, Inc. and/or one of its subsidiaries. All rights reserved. For informational purposes only. Content subject to change. See www.cree.com/patents for patents that cover these products. Cree®, the Cree logo, BetaLED®, NanoOptic®, and Colorfast DeltaGuard® are registered trademarks, and the BetaLED Technology logo, Precision Delivery Grid™ and XSP1™ are trademarks of Cree, Inc. or one of its subsidiaries.

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Advanced Lighting Technologies Australia Inc 110 Lewis Road, Wantirna South, VIC 3152 Australia 61 03 9800 5600 www.adlt.com.auAdvanced Lighting Technologies New Zealand Ltd 8 Boeing Place, Mount Maunganui New Zealand 64 07 579 0163 www.adlt.co.nzAdvanced Lighting Technologies Asia Pte Ltd Block 4008, Ang Mo Kio Avenue 10, #04-06, Techplace 1 Singapore 65 6844 2338 www.adlt.com.sg

Product DescriptionDesigned from the ground up as a totally optimized LED street light system, the XSP Series delivers incredible efficiency without sacrificing application performance. Beyond substantial energy savings and reduced maintenance, Cree achieves better optical control with our NanoOptic® Precision Delivery Grid™ optic than a traditional cobra head luminaire. The Cree XSP Series LED Street Light is the best alternative for traditional street lighting with better payback and better performance.

Performance Summary

Utilizes BetaLED® Technology

NanoOptic® Precision Delivery Grid™ optic

CRI: Minimum 70 CRI

CCT: 4000K (+ / - 300K), 5700K (+ / - 500K)

Limited Warranty†: 10 years on luminaire / 10 years on Colorfast DeltaGuard® finish

Accessories Field Installed Accessories

XA-XSPFTRKIT- Fitter kit to mount to 1.25" (32mm) tenon

Rev. Date: 28 June 2013

XSP A 2 A –

Product Version Mounting Optic ModulesInput Power

Designator– Voltage

ColorOptions

Options

XSP A 2Horizontal / Vertical

Tenon

H4000K

P5700K

A102W

– UUniversal120–277V

V347–480V*

SSilver

(Standard)T

BlackZ

BronzeB

Platinum Bronze

WWhite

F Fuse - When code dictates fusing, use time delay fuse - Not available with V (347/480V)voltageK Occupancy Control - Refer to Occupancy Control spec sheet for detailsN Utility Label and NEMA Photocell Receptacle - Includes Q option - Refer to Field Adjustble Output spec sheet for detailsQ Field Adjustable Output - Refer to Field Adjustable Output spec sheet for detailsR NEMA Photocell Receptacle - Photocell by othersU Utility - Label per ANSI C136.15 - Includes exterior wattage label that indicates the maximum available wattage of the luminaire - Includes Q option - Refer to Field Adjustable Output spec sheet for details

† See www.cree.com/lighting/products/warranty for warranty terms.* 347–480V utilizes magnetic step-down transformer. For input power for 347–480V, refer to the Lumen Output, Electrical, and Lumen Maintenance data table below.

33.4"(848mm)

3.9"(100mm)

15.9"(405mm)

XSP Series LED Street Light – IP66 – Double Module Horizontal / Vertical Tenon Mount – Type II Short

Ordering InformationExample: XSPA2FHA-US-OPTIONS

XSP2™ IP66 — XSPA2F

FType II Short

F

www.cree.com/canada T (800) 473-1234 F (800) 890-7507

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Advanced Lighting Technologies Australia Inc 110 Lewis Road, Wantirna South, VIC 3152 Australia 61 03 9800 5600 www.adlt.com.auAdvanced Lighting Technologies New Zealand Ltd 8 Boeing Place, Mount Maunganui New Zealand 64 07 579 0163 www.adlt.co.nzAdvanced Lighting Technologies Asia Pte Ltd Block 4008, Ang Mo Kio Avenue 10, #04-06, Techplace 1 Singapore 65 6844 2338 www.adlt.com.sg

© 2013 Cree, Inc. and/or one of its subsidiaries. All rights reserved. For informational purposes only. Content subject to change. See www.cree.com/patents for patents that cover these products. Cree®, the Cree logo, BetaLED®, NanoOptic®, and Colorfast DeltaGuard® are registered trademarks, and the BetaLED Technology logo, Precision Delivery Grid™ and XSP2™ are trademarks of Cree, Inc. or one of its subsidiaries.

Product Specifications

CONSTRUCTION & MATeRIAlS• Die cast aluminum housing

• Tool-less entry

• Luminaire is designed to mount to 2" IP (2.375" [60mm] O.D.) tenons, accommodating tenons up to 2.5" (64mm) in diameter

• Luminaire will also mount to 1.25" (32mm) IP, (1.66" [42mm] O.D.) tenon with XA-XSPFTRKIT accessory

• Fitter is capable of mounting to both vertical and horizontal tenons and can be tilted + / - 5˚

• Designed with 0–10V dimming capabilities. Controls by others

• Exclusive Colorfast DeltaGuard® finish features an E-Coat epoxy primer with an ultradurable powder topcoat, providing excellent resistance to corrosion, ultraviolet degradation and abrasion. Standard is silver. Black, bronze, platinum bronze and white are also available

eleCTRICAl SySTeM• Input Voltage: 120–277V or 347–480V, 50 / 60Hz

• Class 2 output

• Power Factor: > 0.9 at full load

• Total Harmonic Distortion: < 20% at full load

• Integral 10kV surge suppression protection standard

• To address inrush current, slow blow fuse or type C / D breaker should be used

RegUlATORy & VOlUNTARy QUAlIFICATIONS• cULus Listed

• Suitable for wet locations

• Enclosure rated IP66 per IEC 60529

• Pending certification to ANSI C136.31-2001, 3G bridge and overpass vibration standards

• 10kV surge suppression protection tested in accordance with IEEE / ANSI C62.41.2

• Pending CALTrans 611 Vibration testing

• Luminaire and finish endurance tested to withstand 5,000 hours of elevated ambient salt fog conditions as defined in ASTM Standard B 117

• Meets Buy American requirements within ARRA

PhotometryAll published luminaire photometric testing performed to IESNA LM-79-08 standards by a NVLAP certified laboratory.

lumen Output, electrical, and lumen Maintenance Data

ePA and Weight

Weight120–277V

Weight347–480V

EPA

1@90 2@90 2@180 3@90 4@90

31 lbs (15.0 kg)

36 lbs (16.3 kg)

0.692 1.140 1.384 1.832 2.280

*Actual production yield may vary between -4 and +10% of initial delivered lumens.** For more information on the IES BUG (Backlight-Uplight-Glare) Rating visit www.iesna.org/PDF/Erratas/TM-15-11BugRatingsAddendum.pdf.*** For recommended lumen maintenance factor data see TD-13. Calculated L70 based on 6,000 hours LM-80-08 testing: > 150,000 hours.

XSP2™ IP66 — XSPA2F

XSPA*FHA-UMounting Height: 25' (7.6m)Initial Delivered Lumens: 9,612Initial FC at grade

ITL Test Report #: 77144 XSPA*FGA-UInitial Delivered Lumens: 4,920

46˚

21.5.2.1

80'

20'

20'

40'

6.1

0m

6.1

12.2

40'60' 20' 0' 20' 40' 60'

12.218.3 6.1 0m 6.1 12.2 18.3

80'

24.4 24.4

0'

40' 12.2

18.360'

Position of vertical planeof maximum candlepower.

CURB LINE

Type II Short Distribution

Input Power

Designator

4000K 5700KSystem Watts

120–277V

System Watts

347–480V

TOTAL CURRENT 50K Hours Calculated Lumen

Maintenance Factor

@ 15˚C (59˚F)***

InitialDeliveredLumens*

BUGRatings**

Per TM-15-11

InitialDeliveredLumens*

BUGRatings**

Per TM-15-11120V 208V 240V 277V 347V 480V

A 9,612 B2 U0 G2 10,680 B2 U0 G2 102 105 0.86 0.49 0.43 0.38 0.30 0.23 93%

906

1813

2719

3625150°

120° 120°

60°

90° 90°

60°

30°

150°

Candlepower Trace: Vertical plane throughhorizontal angle of maximum candlepower.

www.cree.com/canada T (800) 473-1234 F (800) 890-7507

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Page 1 March 2012

Short Form Agreement for Consultant Engagement

Between: Tairawhiti Roads – (Contact Darren Cox)

.......................................................................................................................................................

... (Client)

and: Specialist Energy Services Limited ................................................................................................................................................................ (Consultant)

Collectively referred to herein as the “Parties” and individually as a “Party”

Project:

To Provide Professional Services to TR

Location:

ALL STATE HIGHWAY LOCATIONS

UNDER MANAGEMENT BY TR

Scope & nature of the Services: To provide Management Services to TR for LED streetlighting upgrade

Programme for the Services: Specialist Energy Services Limited identifies key objectives for this programme are:

1. Providing professional services for the installation and project management of all LED

streetlighting renewals;

2. Provision of business cases, reports and quotations from supplier/contractor;

3. Organising procurement, orders and schedule of works with suppliers/contractor;

4. Requesting and reviewing lighting designs from supplier for all required roadways,

and discussion/review with TR at fortnightly meetings;

5. Provision of required Procurement Appraisal documents for internal review;

6. Drawing Measure and Value Works contract and Variation Orders as required;

7. Analysis and provision of raw data for use to contractors, receiving data and ensuring

in useful format for RAMM update;

8. Attendance to contractor pre-construction and two weekly construction meetings

(including provision of minutes);

9. Compiling weekly meeting reports from contractors and provision for

review/comment via Project Management report;

10. Attendance of and provision of minutes of two weekly Contract Meetings;

11. Management of any day to day concerns/questions from suppliers/contractors;

12. Representing NZTA Tairawhiti Roads interests with Network Lines and Retailer

discussions.

13. Drafting of Media Release/Communications templates if and when required;

14. Provision of Change of Load documents (AFS) to ENL and ensuring updates completed

at Network level.

15. Providing agreed Quality Assurance checks throughout the programme and at project

end.

Other tasks added by discussion.

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Page 2 March 2012

Fees & timing of payments:

10-50 hours per month @ $150.00 per hour to a budget of between $36,000 - $47,500 plus

GST

Specialist Energy Services Ltd to invoice TR monthly. Any additional hours required to be

agreed in advance by both parties. The same rate will apply.

Terms of agreement are strictly 20th of the month.

Information or services to be provided by the Client:

N/A

The Client engages the Consultant to provide the Services described above and the Consultant agrees to perform the Services for the remuneration provided above. Both Parties agree to be bound by the provision of the Short Form Model Conditions of Engagement (below), including clauses 2, 3, 9 and 10 and any variations noted below. Once signed, this agreement, together with the conditions overleaf and any attachments, will replace all or any oral agreement previously reached between the Parties.

Variations to the Short Form Model Conditions of Engagement (below):

Client authorised signatory (ies):

Print name:

Date:

Consultant authorised signatory (ies):

Print name:

Date:

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Page 3 March 2012

SHORT FORM MODEL CONDITIONS OF ENGAGEMENT

1. The Consultant shall perform the Services as described in the attached documents.

2. Nothing in this Agreement shall restrict, negate, modify or limit any of the Client’s rights under the Consumer Guarantees Act 1993 where the Services acquired are of a kind ordinarily acquired for personal, domestic or household use or consumption and the Client is not acquiring the Services for the purpose of a business.

3. The Client and the Consultant agree that where all, or any of, the Services are acquired for the purposes of a business the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those Services.

4. In providing the Services the Consultant shall exercise the degree of skill, care and diligence normally expected of a competent professional.

5. The Client shall provide to the Consultant, free of cost, as soon as practicable following any request for information, all information in his or her power to obtain which may relate to the Services. The Consultant shall not, without the Client’s prior consent, use information provided by the Client for purposes unrelated to the Services. In providing the information to the Consultant, the Client shall ensure compliance with the Copyright Act 1994 and shall identify any proprietary rights that any other person may have in any information provided.

6. The Client may order variations to the Services in writing or may request the Consultant to submit proposals for variation to the Services. Where the Consultant considers a direction from the Client or any other circumstance is a Variation the Consultant shall notify the Client as soon as practicable.

7. The Client shall pay the Consultant for the Services the fees and expenses at the times and in the manner set out in the attached documents. Where this Agreement has been entered by an agent (or a person purporting to act as agent) on behalf of the Client, the agent and Client shall be jointly and severally liable for payment of all fees and expenses due to the Consultant under this Agreement.

8. All amounts payable by the Client shall be paid within twenty (20) working days of the relevant invoice being mailed to the Client. Late payment shall constitute a default, and the Client shall pay default interest on overdue amounts from the date payment falls due to the date of payment at the rate of the Consultant’s overdraft rate plus 2% and in addition the costs of any actions taken by the Consultant to recover the debt.

9. Where Services are carried out on a time charge basis, the Consultant may purchase such incidental goods and/or Services as are reasonably required for the Consultant to perform the Services. The cost of obtaining such incidental goods and/or Services shall be payable by the Client. The Consultant shall maintain records which clearly identify time and expenses incurred.

10. Where the Consultant breaches this Agreement, the Consultant is liable to the Client for reasonably foreseeable claims, damages, liabilities, losses or expenses caused directly by the breach. The Consultant shall not be liable to the Client under this Agreement for the Client’s indirect, consequential or special loss, or loss of profit, however arising, whether under contract, in tort or otherwise.

11. The maximum aggregate amount payable, whether in contract, tort or otherwise, in relation to claims, damages, liabilities, losses or expenses, shall be five times the fee (exclusive of GST and disbursements) with a maximum limit of $NZ500,000.

12. Without limiting any defences a Party may have under the Limitation Act 2010, neither Party shall be considered liable for any loss or damage resulting from any occurrence unless a claim is formally made on a Party within 6 years from completion of the Services.

13. The Consultant shall take out and maintain for the duration of the Services a policy of Professional Indemnity insurance for the amount of liability under clause11. The Consultant undertakes to use all reasonable endeavours to maintain a similar policy of insurance for six years after the completion of the Services.

14. If either Party is found liable to the other (whether in contract, tort or otherwise), and the claiming Party and/or a Third Party has contributed to the loss or damage, the liable Party shall only be liable to the proportional extent of its own contribution.

15. Intellectual property prepared or created by the Consultant in carrying out the Services (“New Intellectual Property”) shall be jointly owned by the Client and the Consultant. The Client and Consultant hereby grant to the other an unrestricted royalty-free license in perpetuity to copy or use New intellectual Property. Intellectual property owned by a Party prior to the commencement of this Agreement and intellectual property created by a Party independently of this Agreement remains the property of that Party. The ownership of data and factual information collected by the Consultant and paid for by the Client shall, after payment by the Client, lie with the Client. The Consultant does not warrant the suitability of New Intellectual Property for any purpose other than the Services or any other use stated in the Agreement.

16. The Consultant has not and will not assume any obligation as the Client’s Agent or otherwise which may be imposed upon the Client from time to time pursuant to the Health and Safety in Employment Act 1992 (“the Act”) arising out of this engagement. The Consultant and Client agree that in terms of the Act, the Consultant will not be the person who controls the place of work.

17. The Client may suspend all or part of the Services by notice to the Consultant who shall immediately make arrangements to stop the Services and minimise further expenditure. The Client and the Consultant may (in the event the other Party is in material default) terminate the Agreement by notice to the other Party. Suspension or termination shall not prejudice or affect the accrued rights or claims and liabilities of the Parties.

18. The Parties shall attempt in good faith to settle any dispute by mediation.

19. This Agreement is governed by the New Zealand law, the New Zealand courts have jurisdiction in respect of this Agreement, and all amounts are payable in New Zealand dollars.