Independent Verifier (IV)
- Q What is an Independent Verifier?
- A The Independent Verifier (IV) is an individual or organisation experienced generally in construction and project management and, in particular, in the verification of design documentation and construction. In the case of the Airport Link, Northern Busway (Windsor to Kedron) and Airport Roundabout Upgrade Projects, the IV also provides particular expertise in road and tunnel projects.
- Q Who is the IV for the Projects?
- A APP Corporation has been appointed as IV for the three Projects- Airport Link, Northern Busway (Windsor to Kedron) and the Airport Roundabout Upgrade. APP and Hyder agreed to form an integrated project team coordinated by APP as per the Teaming Agreement which can be found here.
- Q What is the role of the IV?
The role and functions of the Independent Verifier are set out the in the Independent Verifier Agreement. These include:
- Verifying that the Design Documentation submitted by BrisConnections/TJH complies with the requirements of the State Project Documents (including the Performance Specification) and, if the Design Documentation does comply with those requirements issuing a certificate confirming compliance
- Verifying that the Project works are being constructed in accordance with the requirements of the Project Deed (including the Performance Specification), the State Works Deed, the EWAG Works Deed and the NB Works Deed and, if the Project Works have been so constructed, issuing a certificate confirming compliance
- Verifying payment claims and the value of work completed, and providing a payment statement
- Issuing Certificates as per the Certification Schedule
- Determining whether or not Tollroad Completion, Tolling System Completion Payment Claim Completion, each Project’s Practical completion, Final Completion and Close Out has been achieved, and if appropriate, issuing the relevant certificate
- Resolving disputes in relation to Defects
- Verifying that BC Operations’ proposed Customer Service Roll Out Program is likely to result in BC Operations being able to comply with its obligations to provide Customer Services and address Customer Complaints as required under the Project Deed
- Making determinations on matters that the Project Deed and various Works Deeds expressly required to be determined by the Independent Verifier.
- Q What requirements were specified for the selection and appointment of the IV?
- A The information considered in evaluation of the proposals included:
- IV & Management Structure;
- Quality Assurance;
- Conflicts of Interest;
- Insurance coverage;
- IV’s Capacity and experience;
- Fee Proposal; and
- The draft Verification and Monitoring Plan.
The IV is jointly appointed by the State and the PPP Cos (BrisConnections).
- Q Why was an IV appointed for the Projects?
- A The use of an IV was considered in the development of the 'Request for Proposals' documentation and was determined to be appropriate based on project scale and complexity, precedent and best practice, both locally (Clem 7) and interstate.
- Q Is the IV truly 'independent'?
Yes, the IV is required to be truly independent of all parties. Clause 3.5 of the IVA requires the IV "in performing the Services act honestly, professionally and independently of the Project Parties and their respective contractors, suppliers and consultants". As well, Clause 6.7 requires that the Independent Verifier is obliged to act independently of the State, the Security Trustee, the State Works Contractor, the NB Works Contractor, the PPP Cos and their respective Associates.
In terms of ongoing contract management, it is the responsibility of the IV to ensure it remains independent of all parties. CNI monitors the performance and behaviour of the IV in this regard.
- Q Does the IV have access to all information and documents relating to the Project?
- A Yes, the IV is allowed access to all contractual information and documents relating to the Project. There are however, a number of State documents which the IV does not have access to, eg: evaluation documentation. These documents are not essential for the IV to undertake it Services.
- Q How is the IV paid?
- A As per clause 6.7(c) of the Project Deed, "the costs of the IV will be borne equally by the State and the PPP Cos subject to and in accordance with the Independent Verifier Agreement (IVA)".
- Q What requirements are specified for an assessment of the IVís performance?
The IV is required to implement a quality assurance system in accordance with ISO9000.
There are also requirements for the IV to allow third party audits of its quality assurance system to be conducted at the request and cost of a Project Party.