SECTION 1
PRELIMINARIES
Issue Date : Oct 00
Rev. No. : 0
DMS-613
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Islington Auditorium Preliminaries
October 2008
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Table of Contents
Title
Page
A10
PROJECT PARTICULARS
3
A11
TENDER AND CONTRACT DOCUMENTS
4
A12
THE SITE/ EXISTING BUILDINGS
4
A13
DESCRIPTION OF THE WORK
5
A20
JCT STANDARD BUILDING CONTRACT WITHOUT
6
QUANTITIES
A30
TENDERING/ SUBLETTING/ SUPPLY
9
A31
PROVISION, CONTENT AND USE OF DOCUMENTS
12
A32
MANAGEMENT OF THE WORKS
15
A33
QUALITY STANDARDS/ CONTROL
18
A34
SECURITY/ SAFETY/ PROTECTION
22
A35
SPECIFIC LIMITATIONS ON METHOD/ SEQUENCE/
27
TIMING
A36
FACILITIES/ TEMPORARY WORK/ SERVICES
27
A37
OPERATION/ MAINTENANCE OF THE FINISHED WORKS 29
APPENDIX A
SCHEDULE 2
33
APPENDIX B
SCHEDULE 3
43
APPENDIX C
60
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A10 PROJECT PARTICULARS
110
THE PROJECT
• Name: Islington Town Hal Auditorium.
• Nature: Refurbishment.
• Location: Upper Street Islington NI 2UD.
Length of contract: 36 weeks.
120
EMPLOYER (CLIENT)
• Name: Islington Council.
• Address: Islington Town Hal , Upper street,
Islington, N1 2UD.
Telephone: 0207-5273173.
130
PRINCIPAL CONTRACTOR
• Name: TBC.
• Address: TBC.
Telephone: TBC.
140
ARCHITECT/ CONTRACT ADMINISTRATOR
• Name: Roger Stong.
• Address: Mouchel Unit 603 Highgate Studios
53-79 Highgate Road London NW5 1TL.
• Telephone: 07980-913385.
E-mail: [email address].
150
CDM COORDINATOR
• Name: James Leyden.
• Address: Mouchel Mount Pleasant House, 2 Mount Pleasant
Huntingdon Road, Cambridge CB3 0RN.
Telephone: 01223-442723.
160
QUANTITY SURVEYOR
• Name: Marion Gilday.
• Address: Mouchel Mount Pleasant House, 2 Mount Pleasant
Huntingdon Road, Cambridge CB3 0RN..
Telephone: 01223-442710.
170
STRUCTURAL ENGINEER
• Name: Robert Charvil .
• Address: Mouchel Stag House, Old London Road,
Hertford,SG13 7YY.
Telephone: 01992-513548.
175
MECHANICAL ENGINEER
• Name: George Beckworth.
• Address: 23-29 Albion Place, Maidstone, Kent .
Telephone: 01622-772825.
178
ELECTRICAL ENGINEER
• Name: Stuart Wel ard.
• Address: 23-29 Albion Place, Maidstone, Kent .
Telephone: 01622-772825.
190 CLERK OF WORKS
• Name: TBC.
• Address: TBC.
Telephone: TBC.
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A11 TENDER AND CONTRACT DOCUMENTS
110
TENDER DRAWINGS
• The tender drawings are:
Architects SK100, 001-025, 040-042, 050 and 051, 060-071
Mechanical ML-05-01 to ML-05-12 and MX-05-01
Electrical EL-06-01 to EL-06-08 and EX-06-01 to EX-06-12
120
CONTRACT DRAWINGS
• The contract drawings: Same as the tender drawings.
Exceptions: None.
160
PRECONSTRUCTION INFORMATION
• Format: The Preconstruction information is described in these preliminaries in Section
A34. It refers to information given elsewhere in the preliminaries and other tender
180
OTHER DOCUMENTS
• Inspection: Drawings and other documents relating to the Contract but not included in the
tender documents may be seen by appointment during normal office hours at the office of
Gareth Jenkins/Lil ian Staples Islington Town hal 0207-5273107.
The documents include: Building Maintenance Logs.
A12 THE SITE/ EXISTING BUILDINGS
110
THE SITE
• Description: Islington Town Hal is a grade II listed building. The site is to be contained
within the Auditorium area which has its own dedicated entrance in Richmond Grove No
access wil be al owed through the main Town Hal entrance. The contractor is to comply
with any regulations regarding parking or the London Congestion Charge Scheme.
120
EXISTING BUILDINGS ON/ ADJACENT TO THE SITE
• Description: Buildings adjacent to the town hal are a mixture of residential and commercial
properties and the Employer is keen that residents of Richmond Avenue are not disrupted
by noise or plant etc..
140
EXISTING MAINS AND SERVICES
• Drawings: (Information shown is indicative only): See pre construction information.
Other information: See pre construction information.
180
HEALTH AND SAFETY FILE
• Availability for inspection: The Health and Safety File for the site/ building may be seen by
appointment during normal office hours at: The Town Hal .
• Other documents: None.
Arrangements for inspection: Gareth Jenkins/Lil ian Staples 0207-5273107.
200
ACCESS TO THE SITE
• Description: All three entrances to the hall will be available to the contractor
but the small
corner door by the main entrance will be subject to occasional closure whilst wedding photos are
taken, the Richmond Grove doors will be available by arrangement with the building manager and
no vehicles will be allowed to park or stop here without prior arrangement, the doors to the foyer
from the forecourt will be available at all times.
210
PARKING
• Restrictions on parking of the Contractor's and employees' vehicles: Parking restrictions
are in place in Richmond Avenue and Upper Street is a red Route.
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A parking bay will be made available on the forecourt for a skip but the contractor will be asked to
put a solid hoarding around this and paint it in Islington green.
No contractors parking will be allowed on site.
220
USE OF THE SITE
• General: Do not use the site for any purpose other than carrying out the Works.
• Limitations: The Contractor should obtain a list of proposed events from the town hal and
programme al noisy works so as not to disrupt the said events.
230
SURROUNDING LAND/ BUILDING USES
• General: Adjacent or nearby uses or activities are as fol ows:
- The town hal wil be ful y occupied as a public building and possibly have wedding
ceremonies booked during the course of this contract..
240
HEALTH AND SAFETY HAZARDS
• General: The nature and condition of the site/ building cannot be ful y and certainly
ascertained before it is opened up. However the fol owing hazards are or may be present:
- unidentified Asbestos.
• Information: The accuracy and sufficiency of this information is not guaranteed by the
Employer or the Employer's representative. Ascertain if any additional information is
required to ensure the safety of al persons and the Works.
• Site staff: Draw to the attention of al personnel working on the site the nature of any
possible contamination and the need to take appropriate precautionary measures.
250
SITE VISIT
• Before tendering: Ascertain the nature of the site, access thereto and al local conditions
and restrictions likely to affect the execution of the Works.
• Arrangements for visit: Contact Gareth Jenkins,
Islington Town Hal 0207-5273107.
A13 DESCRIPTION OF THE WORK
110
PREPARATORY WORK BY OTHERS
• Works: Carried out under a separate contract and completed before the Date of
Possession for this Contract.
Description: None.
120
THE WORKS
• Description: The works comprise the refurbishment of a grade II listed Auditorium that
forms part of Islington Town Hal . Where possible al materials used are to match existing
unless otherwise stated within the NBS section of the contract documents or noted on the
drawings. The refurbishment is to be carried out with due consideration to the age and
status of the building and where necessary specialist craftsman may be required. The
Contractor is to be aware that the town hal section of the building wil be ful y functional
throughout the duration of this contract and the Contractor wil be responsible for liaison
with the site manager on a day to day basis to familiarise themselves with dates and times
of any events such as weddings that may restrict site activities. The Contractor is deemed
to have visited the site prior to submission of their tender and satisfied their self as to the
extent of the works, al access requirements and protection works necessary for
completion of the works
.
130
WORK BY OTHERS CONCURRENT WITH THE CONTRACT
Scope: See section A50.
140
COMPLETION WORK BY OTHERS
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Description: None.
A20 JCT STANDARD BUILDING CONTRACT WITHOUT QUANTITIES
JCT STANDARD BUILDING CONTRACT WITHOUT QUANTITIES
• The contract: JCT Standard Building Contract Without Quantities 2005, Revision 1 2007.
• Requirement: Al ow for the obligations, liabilities and services described therein against
the fol owing headings:
RECITALS
First - THE WORKS
• Comprise: The works comprise the refurbishment of a grade II listed Auditorium that forms
part of Islington Town Hal . Where possible al materials used are to match existing unless
otherwise stated within the NBS section of the contract documents or noted on the
drawings. The refurbishment is to be carried out with due consideration of the age and
status of the building and where necessary specialist craftsman may be required. The
Contractor is to be aware that the town hal section of the building wil be ful y functional
throughout the duration of this contract and the Contractor wil be responsible for liaison
with the site manager on a day to day basis to familiarise themselves with dates and times
of any events such as weddings that may restrict site activities. The Contractor is deemed
to have visited the site prior to submission of their tender and satisfied their self as to the
extent of the works, al access requirements and protection works necessary for
completion of the works
.
Documents showing and describing the work: Specification.
Second - CONTRACT DRAWINGS
The contract drawings: As listed in clause A11/120.
Third A - PRICING BY THE CONTRACTOR
• Option: Pricing Option A wil apply, Pricing Option B wil be deleted.
• Priced document: The fol owing words wil be deleted or Work Schedules.
• Activity Schedule: The words 'and has provided the Employer with the priced schedule of
activities annexed to this Contract (the Activity Schedule)' wil be deleted.
Fifth - INFORMATION RELEASE SCHEDULE
The Fifth Recital wil be deleted.
Sixth - DIVISION OF THE WORKS INTO SECTIONS
The Sixth Recital wil be deleted.
Seventh - CONTRACTOR'S DESIGNED PORTION
The Seventh Recital wil be deleted.
Eighth - EMPLOYER'S REQUIREMENTS
The Eighth Recital wil be deleted.
Ninth - CONTRACTOR'S PROPOSALS
The Ninth Recital wil be deleted.
Tenth - CDP DOCUMENTS
The Tenth Recital wil be deleted.
THE ARTICLES
3 - ARCHITECT/ CONTRACT ADMINISTRATOR
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Architect/ Contract Administrator: See clause A10/140.
4 - QUANTITY SURVEYOR
• The functions of the Quantity Surveyor shal be exercised by: See clause A10/160.
The words 'the Quantity Surveyor is' wil be deleted.
5 and 6 - CDM COORDINATOR/ PRINCIPAL CONTRACTOR
• CDM Coordinator: See clause A10/150.
Principal Contractor: See clause A10/130.
CONTRACT PARTICULARS
PART 1: GENERAL
Third Recital - THE PRICING OPTION/ THE PRICED DOCUMENT
• The Pricing Option that applies is Pricing Option A.
The Priced Document is the Specification.
Fourth Recital and clause 4.7 - CONSTRUCTION INDUSTRY SCHEME (CIS)
Employer at the Base Date is not a 'contractor' for the purposes of the CIS.
Ninth Recital - CONTRACTOR'S PROPOSALS/ CDP ANALYSIS
• Comprise: ________.
Specific Requirements: Recycling of demolition and excavated materials. .
Article 8 - ARBITRATION
Article 8 and clauses 9.3 to 9.8 (arbitration) apply.
Clause 1.1 - BASE DATE
Base Date: ten days before the date for return of tenders.
Clause 1.1 - CDM PLANNING PERIOD
Shal mean the period of 4weeks ending on the date of possession.
Clause 1.1 - DATE FOR COMPLETION OF THE WORKS
• Date for completion of the Works (where completion by sections does not apply): No later
than 36 weeks after commencement.
Clause 1.7 - ADDRESSES FOR SERVICE OF NOTICES
• Employer:
-
Address: See clause A10/120 .
-
Fax number: See clause A10/120.
• Contractor:
-
Address: ________.
Fax Number: ________
Clause 1.8 - ELECTRONIC COMMUNICATIONS
• The communications that may be made electronical y and the format in which those are to
be made are as fol ows:
- Email general correspondence, E.Tender Portal Tender documents as instructed within
Islington Councils tendering procedures, AutoCad drawings .
Clause 2.4 - DATE FOR POSSESSION OF THE SITE
Date for Possession: A date to be agreed around the end of February 2009.
Clause 2.5 and 2.29.3 - DEFERMENT OF POSSESSION OF THE SITE
• Clause 2.5 applies.
Where clause 2.5 applies, maximum period of deferment is 6 weeks.
Clause 2.19.3 - CONTRACTOR'S DESIGNED PORTION
Limit of Contractor's liability for loss of use: Clause 2.19.3 does not apply.
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Clause 2.32.2 - LIQUIDATED DAMAGES
Damages: At the rate of
£3191.05 per week or part thereof.
Clause 2.38 - RECTIFICATION PERIOD
Period: Twelve months from the date of practical completion of the Works.
Clause 4.8 - ADVANCE PAYMENT AND ADVANCE PAYMENT BOND
Advance payment: Clause 4.8 does not apply.
Clause 4.9.2 - DATES OF ISSUE OF INTERIM CERTIFICATES
• The first date is: One calender month from the date of possession, and thereafter the
same date in each month or the nearest Business Day in that month.
Clause 4.17.4 - LISTED ITEMS - UNIQUELY IDENTIFIED
Listed items: Clause 4.17.4 wil be deleted.
Clause 4.17.5 - LISTED ITEMS - NOT UNIQUELY IDENTIFIED
Listed items: Clause 4.17.5 wil be deleted.
Clause 4.19 - CONTRACTOR'S RETENTION BOND
Clause 4.19 does not apply.
Clause 4.20.1 - RETENTION PERCENTAGE
Retention: 3% per cent.
Clause 4.21 and Schedule 7 - FLUCTUATIONS OPTIONS
• Schedule 7: Fluctuations Option A applies.
Percentage addition: For Fluctuations Option A, paragraph A.12: 10 per cent.
Clause 6.4.1.2 - CONTRACTOR'S INSURANCE - INJURY TO PERSONS OR
PROPERTY
Insurance cover (for any one occurrence or series of occurrences arising out of one
Clause 6.5.1 - INSURANCE - LIABILITY OF EMPLOYER
Insurance is not required.
Clause 6.7 and Schedule 3 - INSURANCE OF THE WORKS - INSURANCE OPTIONS
• Schedule 3: Insurance option C applies.
• Percentage to cover professional fees: 15 per cent.
If option A applies, annual renewal date (as supplied by the Contractor): ________.
Clause 6.13 - JOINT FIRE CODE
• The Joint Fire Code: Applies.
• Application: State whether the insurer under Schedule 3, Insurance Option A, B or C
(paragraph C.2) has specified that the works are a 'Large Project': No.
Clause 6.16 - JOINT FIRE CODE - AMENDMENTS/ REVISIONS
• Joint Fire Code - Amendments/ revisions: The cost, if any, of compliance with
amendments or revisions to the Joint Fire Code shal be borne by the Employer.
Clause 7.2 - ASSIGNMENT/ GRANT BY EMPLOYER OF RIGHTS UNDER CLAUSE 7.2
Clause 7.2 does not apply.
Clause 8.9.2 - PERIOD OF SUSPENSION (TERMINATION BY CONTRACTOR)
Period of suspension: Two months.
Clauses 8.11.1.1 to 8.11.1.5 - PERIOD OF SUSPENSION (TERMINATION BY
EMPLOYER)
Period of suspension: Two months.
Clause 9.2.1 - ADJUDICATION
• The Adjudicator is: To be appointed by Nominator. .
• Nominator of Adjudicator - where no Adjudicator is named or where the named Adjudicator
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is unwil ing or unable to act (whenever that is established): President or a Vice-President
or Chairman or a Vice-Chairman of the The Royal Institution of Chartered Surveyors.
Clause 9.4.1 - ARBITRATION
• Appointor of Arbitrator (and of any replacement): President or a Vice President of the
Royal Institution of Chartered Surveyors.
PART 2: THIRD PARTY RIGHTS AND COLLATERAL WARRANTIES
THE CONDITIONS
SECTION 1: DEFINITIONS AND INTERPRETATION
SECTION 2: CARRYING OUT THE WORKS
SECTION 3: CONTROL OF THE WORKS
3.3 - EMPLOYER'S REPRESENTATIVE
• Name: John Roberts(Head of Facilities).
• Address: Islington Town Hal Upper Street Islington N1 2UD.
• Telephone: 0207-5273173.
• E-mail: TBC.
SECTION 4: PAYMENT
SECTION 5: VARIATIONS
SECTION 6: INJURY, DAMAGE AND INSURANCE
SECTION 7: ASSIGNMENT, THIRD PARTY RIGHTS AND COLLATERAL WARRANTIES
SECTION 8: TERMINATION
SECTION 9: SETTLEMENT OF DISPUTES
EXECUTION
The Contract: Wil be executed as a deed.
CONTRACT GUARANTEE BOND
Contract Guarantee Bond: is required.
10%
A30 TENDERING/ SUBLETTING/ SUPPLY
MAIN CONTRACT TENDERING
110
SCOPE
• General: These conditions are supplementary to those stated in the Invitation to Tender
and on the form of tender.
145
TENDERING PROCEDURE
• General: In accordance with JCT Practice Note 6 (Series 2) 'Main Contract Tendering'.
Errors: Alternative 1 is to apply.
160
EXCLUSIONS
• Inability to tender: Immediately inform if any parts of the work as defined in the tender
documents cannot be tendered.
Relevant parts of the work: Define those parts, stating reasons for the inability to tender.
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170
ACCEPTANCE OF TENDER
• The Employer and Employer's representatives:
-
Offer no guarantee that any tender wil be recommended for acceptance or be accepted.
Wil not be responsible for any cost incurred in the preparation of any tender.
190
PERIOD OF VALIDITY
• Period: After submission or lodgement, keep tender open for consideration (unless
previously withdrawn) for not less than 90 days.
Date for possession: See section A20.
PRICING/ SUBMISSION OF DOCUMENTS
210
PRELIMINARIES IN THE SPECIFICATION
• The Preliminaries/ General conditions sections (A10-A56 inclusive) must not be relied on
as complying with SMM7.
250
PRICED DOCUMENTS
• Alterations: Do not alter or qualify the priced documents without written consent. Tenders
containing unauthorised alterations or qualifications may be rejected.
• Measurements: Where not stated, ascertain from the drawings.
• Deemed included: Costs relating to items, which are not priced, wil be deemed to have
been included elsewhere in the tender.
Submit: With tender.
300
QUANTITIES IN THE PRICED DOCUMENT
• Quantities: Where included in the priced document, these have been prepared in
accordance with SMM7 only where and to the extent stated.
• Other items, descriptions and measurements not prepared in accordance with SMM7:
Must be priced taking account of the information given elsewhere in the tender documents,
including for al associated and ancil ary work shown or clearly apparent as being
necessary for the complete and proper execution of the work.
310
TENDER
• General: Tenders must include for al work shown or described in the tender documents as
a whole or clearly apparent as being necessary for the complete and proper execution of
the Works.
440
SCHEDULE OF RATES
• Content: Unpriced schedule included in the tender documents. The Contractor may insert
additional items.
Ful y priced copy: Submit with the tender.
480
PROGRAMME
• Programme of work: Prepare a summary showing the sequence and timing of the principal
parts of the Works and periods for planning and design. Itemize any work which is
excluded.
Submit: With tender.
500
TENDER STAGE METHOD STATEMENTS
• Method statements: Prepare, describing how and when the fol owing is to be carried out:
- Commissioning and testing of engineering instal ations.
Statements: Submit within one week of request.
530
SUBSTITUTE PRODUCTS
• Details: If products of different manufacture to those specified are proposed, submit details
with the tender giving reasons for each proposed substitution. Substitutions, which have
not been notified at tender stage, may not be considered.
• Compliance: Substitutions accepted wil be subject to the verification requirements of
clause A31/200.
540
QUALITY CONTROL RESOURCES
• Statement: Describe the organisation and resources to control the quality of the Works,
including the work of subcontractors.
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• QA staff: Identify in the statement the number and type of staff responsible for quality
control, with details of their qualifications and duties.
Submit: With the Tender.
550
HEALTH AND SAFETY INFORMATION
• Content: Describe the organisation and resources to safeguard the health and safety of
operatives, including those of subcontractors, and of any person whom the Works may
affect.
• Include:
-
A copy of the contractor's health and safety policy document, including risk assessment
procedures.
-
Accident and sickness records for the past five years.
-
Records of previous Health and Safety Executive enforcement action.
-
Records of training and training policy.
-
The number and type of staff responsible for health and safety on this project with
details of their qualifications and duties.
Submit: Within one week of request.
570 OUTLINE CONSTRUCTION PHASE HEALTH AND SAFETY PLAN
• Content: Submit the fol owing information within one week of request:
-
Method statements on how risks from hazards identified in the pre-construction
information and other hazards identified by the contractor wil be addressed.
-
Details of the management structure and responsibilities.
-
Arrangements for issuing health and safety directions.
-
Procedures for informing other contractors and employees of health and safety hazards.
-
Selection procedures for ensuring competency of other contractors, the self-employed
and designers.
-
Procedures for communications between the project team, other contractors and site
operatives.
-
Arrangements for cooperation and coordination between contractors.
-
Procedures for carrying out risk assessment and for managing and control ing the risk.
-
Emergency procedures including those for fire prevention and escape.
-
Arrangements for ensuring that al accidents, il ness and dangerous occurrences are
recorded.
-
Arrangements for welfare facilities.
-
Procedures for ensuring that al persons on site have received relevant health and
safety information and training.
-
Arrangements for consulting with and taking the views of people on site.
-
Arrangements for preparing site rules and drawing them to the attention of those
affected and ensuring their compliance.
-
Monitoring procedures to ensure compliance with site rules, selection and management
procedures, health and safety standards and statutory requirements.
Review procedures to obtain feedback.
590
SITE WASTE MANAGEMENT PLAN
• Person responsible for drafting the Plan: The Contractor.
• Content: Include details of:
-
Principal Contractor for the purposes of the regulations.
-
Location of the site.
-
Description of the project.
-
Estimated project cost.
-
Types and quantities of waste that wil be generated.
-
Resource management options for these wastes including proposals for minimization/
reuse/ recycling.
-
The use of appropriate and licensed waste management contractors.
-
Record keeping procedures.
-
Waste auditing protocols.
• Additional requirements: [________].
Submit with tender.
SUBLETTING/ SUPPLY
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630
DOMESTIC SUBCONTRACTS
• General: Comply with the Construction Industry Board 'Code of Practice for the selection
of subcontractors'.
• List: Provide details of al subcontractors and the work for which they wil be responsible.
Submit: With tender.
640 'LISTED' DOMESTIC SUBCONTRACTORS
• General: The work listed below and described in the Contract Documents must be carried
out by persons identified in a list as provided for in Conditions of Contract clause 3.8 and
clause A30/645:
-
The work: ________.
The list: Enter into a contract with one of the fol owing: ________.
645
'LISTED' DOMESTIC SUBCONTRACTORS
• Additional persons: Under the provisions of the Contract Conditions, make written
application and, if requested, submit (in an approved form) evidence of the suitability of
such additional persons. Wherever possible, submissions for addition of persons must be
made, and consent obtained, before return of the tender. When any submission for
addition of persons is made with the tender the consequences, if any, to the tender price
compared to the use of the listed persons are to be made clear or the tender wil be
treated as qualified.
• Extent of list: If less than three persons named in the list are able and wil ing to carry out
the relevant work so that the relevant Conditions of Contract becomes operative,
immediately notify for decision whether or not names shal be agreed for addition to the
list.
• Agreement: Before the start of the work to which the list relates enter into a binding
subcontract agreement and confirm that this has been done, giving the name of the
A31 PROVISION, CONTENT AND USE OF DOCUMENTS
DEFINITIONS AND INTERPRETATIONS
110
DEFINITIONS
• Meaning: Terms, derived terms and synonyms used in the preliminaries/ general
conditions and specification are as stated therein or in the appropriate British Standard or
British Standard glossary.
120
COMMUNICATION
• Definition: Includes advise, inform, submit, give notice, instruct, agree, confirm, seek or
obtain information, consent or instructions, or make arrangements.
• Format: In writing to the person named in clause A10/140 unless specified otherwise.
Response: Do not proceed until response has been received.
130
PRODUCTS
• Definition: Materials, both manufactured and natural y occurring, and goods, including
components, equipment and accessories, intended for the permanent incorporation in the
Works.
• Includes: Goods, plant, materials, site materials and things for incorporation into the
Works.
135
SITE EQUIPMENT
• Definition: Al appliances or things of whatsoever nature required in or about the
construction for completion of the Works but not materials or other things intended to form
or forming part of the Permanent Works.
• Includes: Construction appliances, vehicles, consumables, tools, temporary works,
scaffolding, cabins and other site facilities.
140
DRAWINGS
• Definitions: To BSRIA BG 6/2006 A design framework for building services. Design
activities and drawing definitions.
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CAD data: In accordance with BS 1192.
160 TERMS USED IN SPECIFICATION
• Remove: Disconnect, dismantle as necessary and take out the designated products or
work and associated accessories, fixings, supports, linings and bedding materials.
Dispose of unwanted materials. Excludes taking out and disposing of associated pipework,
wiring, ductwork or other services.
• Fix: Unload, handle, store, place and fasten in position including al labours and use of site
equipment.
• Supply and fix: Includes al labour and site equipment for unloading, handling, storing and
execution. Al products to be supplied and fixed unless stated otherwise.
• Keep for reuse: Do not damage designated products or work. Clean off bedding and
jointing materials. Stack neatly, adequately protect and store until required by the
Employer or for use in the Works as instructed.
• Make good: Execute local remedial work to designated work. Make secure, sound and
neat. Excludes redecoration and/ or replacement.
• Replace: Supply and fix new products matching those removed. Execute work to match
original new state of that removed.
• Repair: Execute remedial work to designated products. Make secure, sound and neat.
Excludes redecoration and/ or replacement.
• Refix: Fix removed products.
• Ease: Adjust moving parts of designated products or work to achieve free movement and
good fit in open and closed positions.
• Match existing: Provide products and work of the same appearance and features as the
original, excluding ageing and weathering. Make joints between existing and new work as
inconspicuous as possible.
• System: Equipment, accessories, controls, supports and ancil ary items, including
instal ation, necessary for that section of the work to function.
170
MANUFACTURER AND PRODUCT REFERENCE
• Definition: When used in this combination:
-
Manufacturer: The firm under whose name the particular product is marketed.
-
Product reference: The proprietary brand name and/ or reference by which the particular
product is identified.
• Currency: References are to the particular product as specified in the manufacturer's
technical literature current on the date of the invitation to tender.
200
SUBSTITUTION OF PRODUCTS
• Products: If an alternative product to that specified is proposed, obtain approval before
ordering the product.
• Reasons: Submit reasons for the proposed substitution.
• Documentation: Submit relevant information, including:
-
manufacturer and product reference;
-
cost;
-
availability;
-
relevant standards;
-
performance;
-
function;
-
compatibility of accessories;
-
proposed revisions to drawings and specification;
-
compatibility with adjacent work;
-
appearance;
-
copy of warranty/ guarantee.
• Alterations to adjacent work: If needed, advise scope, nature and cost.
Manufacturers' guarantees: If substitution is accepted, submit before ordering products.
210 CROSS REFERENCES
• Accuracy: Check remainder of the annotation or item description against the terminology
used in the section or clause referred to.
• Related terminology: Where a numerical cross-reference is not given the relevant sections
and clauses of the specification wil apply.
• Relevant clauses: Clauses in the referred to specification section dealing with general
matters, ancil ary products and execution also apply.
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Discrepancy or ambiguity: Before proceeding, obtain clarification or instructions.
220
REFERENCED DOCUMENTS
Conflicts: Specification prevails over referenced documents.
230
EQUIVALENT PRODUCTS
• Inadvertent omission: Wherever products are specified by proprietary name the phrase 'or
equivalent' is to be deemed included.
240
SUBSTITUTION OF STANDARDS
• Specification to British Standard or European Standard: Substitution may be proposed
complying with a grade or category within a national standard of another Member State of
the European Community or an international standard recognised in the UK.
• Before ordering: Submit notification of al such substitutions.
• Documentary evidence: Submit for verification when requested as detailed in clause
A31/200. Any submitted foreign language documents must be accompanied by certified
translations into English.
250
CURRENCY OF DOCUMENTS
• Currency: References to published documents are to the editions, including amendments
and revisions, current on the date of the Invitation to Tender.
260
SIZES
• General dimensions: Products are specified by their co-ordinating sizes.
• Timber: Cross section dimensions shown on drawings are:
-
Target sizes as defined in BS EN 336 for structural softwood and hardwood sections.
-
Finished sizes for non-structural softwood or hardwood sawn and further processed
sections.
DOCUMENTS PROVIDED ON BEHALF OF EMPLOYER
410
ADDITIONAL COPIES OF THE DRAWINGS/ DOCUMENTS
Additional copies: Issued ________.
440
DIMENSIONS
Scaled dimensions: Do not rely on.
460
THE SPECIFICATION
• Coordination: Al sections must be read in conjunction with Main Contract Preliminaries/
General conditions.
DOCUMENTS PROVIDED BY CONTRACTOR/ SUBCONTRACTORS/ SUPPLIERS
510
DESIGN AND PRODUCTION INFORMATION
• Master programme: Make reasonable al owance for completing design/ production
information, submission (including to the Planning Supervisor/ CDM Coordinator),
comment, inspection, amendment, resubmission and reinspection.
• Contractor's changes to Employer's Requirements: Support request for substitution or
variation with al relevant information.
• Employer's amendments to Employer's Requirements: If considered to involve a variation,
which has not already been acknowledged as a variation, notify without delay (maximum
period 7 days), and do not proceed until instructed. Claims for extra cost, if made after it
has been carried out, may not be al owed.
Submit: two copies.
610
PRODUCTION INFORMATION
• Contractor/ Domestic subcontractor provide: ________.
• Submit:
-
For comment and make any necessary amendments.
Sufficient copies of final version for distribution to al affected parties.
620
AS BUILT DRAWINGS AND INFORMATION
Submit: At least two weeks before date for completion.
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630
TECHNICAL LITERATURE
• Information: Keep on site for reference by al supervisory personnel:
-
Manufacturers' current literature relating to al products to be used in the Works.
Relevant British, EN or ISO Standards.
640
MAINTENANCE INSTRUCTIONS AND GUARANTEES
• Components and equipment: Obtain or retain copies, register with manufacturer and hand
over on or before completion of the Works.
• Information location: Building Manual.
• Emergency cal out services: Provide telephone numbers for use after completion. Extent
of cover: twenty four hours seven days a week.
DOCUMENT/ DATA INTERCHANGE
850
ELECTRONIC DATA INTERCHANGE (EDI)
• Data: Types and classes of communication: Email, CAD drawings.
• Parties: Between: ________.
Requirements: ________.
A32 MANAGEMENT OF THE WORKS
GENERALLY
110
SUPERVISION
• General: Accept responsibility for coordination, supervision and administration of the
Works, including subcontracts.
• Coordination: Arrange and monitor a programme with each subcontractor, supplier, local
authority and statutory undertaker, and obtain and supply information as necessary for
coordination of the work.
115
CONSIDERATE CONSTRUCTORS SCHEME
• Registration: Before starting work, register the site and pay the appropriate fee:
• Contact:
-
Address: Considerate Constructors Scheme Office, PO Box 75, Great Amwel , Ware,
Hertfordshire, SG12 0YX.
-
Tel. 01920 485959.
-
Fax. 01920 485958.
-
Free phone 0800 7831423
-
Web. www.ccscheme.org.uk
-
E mail. [email address]
Standard: Comply with the Scheme's Code of Considerate Practice.
120
INSURANCE
• Documentary evidence: Before starting work on site submit details, and/ or policies and
receipts for the insurances required by the Conditions of Contract.
130
INSURANCE CLAIMS
• Notice: If any event occurs which may give rise to any claim or proceeding in respect of
loss or damage to the Works or injury or damage to persons or property arising out of the
Works, immediately give notice to the Employer, the person named in clause A10/140 and
the Insurers.
• Failure to notify: Indemnify the Employer against any loss, which may be caused by failure
to give such notice.
140
CLIMATIC CONDITIONS
• Information: Record accurately and retain:
-
Daily maximum and minimum air temperatures (including overnight).
-
Delays due to adverse weather, including description of the weather, types of work
affected and number of hours lost.
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150
OWNERSHIP
• Alteration/ clearance work: Materials arising become the property of the Contractor except
where otherwise stated. Remove from site as work proceeds.
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PROGRAMME/ PROGRESS
210
PROGRAMME
• Master programme: When requested and before starting work on site, submit in an
approved form a master programme for the Works, which must include details of:
-
Design, production information and proposals provided by the Contractor/
Subcontractors/ Suppliers, including inspection and checking (see section A31).
-
Planning and mobilization by the Contractor.
-
Earliest and latest start and finish dates for each activity and identification of al critical
activities.
-
Running in, adjustment, commissioning and testing of al engineering services and
instal ations
-
Work resulting from instructions issued in regard to the expenditure of provisional sums
(see section A54)
-
Work by or on behalf of the Employer and concurrent with the Contract (see section
A50). The nature and scope of which, the relationship with preceding and fol owing work
and any relevant limitations are suitably defined in the Contract Documents.
• Exclusions: Where and to the extent that the programme implications for work which is not
so defined are impossible to assess, the Contractor should exclude it and confirm this
when submitting the programme.
Submit: two copies.
230
SUBMISSION OF PROGRAMME
• Further information: Submission of the programme wil not relieve the Contractor of the
responsibility to advise of the need for further drawings or details or instructions in
accordance with the Contract.
240
COMMENCEMENT OF WORK
• Notice: Before the proposed date for commencement of work on site give minimum notice
of two weeks.
250
MONITORING
• Progress: Record on a copy of the programme kept on site.
• Avoiding delays: If any circumstances arise which may affect the progress of the Works
submit proposals or take other action as appropriate to minimize any delay and to recover
any lost time.
260
SITE MEETINGS
• General: Site meetings wil be held to review progress and other matters arising from
administration of the Contract.
• Frequency: Every month.
• Location: TBC.
• Accommodation: Ensure availability at the time of such meetings.
• Attendees: Attend meetings and inform subcontractors and suppliers when their presence
is required.
Chairperson (who wil also take and distribute minutes): Contract Administrator.
265
CONTRACTOR'S PROGRESS REPORT
• General: Submit a progress report at least two business days before the site meeting.
• Content: Notwithstanding the Contractor's obligations under the Contract the report must
include:
-
A progress statement by reference to the master programme for the Works.
-
Details of any matters material y affecting the regular progress of the Works.
-
Subcontractors' and suppliers' progress reports.
-
Any requirements for further drawings or details or instructions to fulfil any obligations
under Conditions of Contract.
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270
CONTRACTOR'S SITE MEETINGS
• General: Hold meetings with appropriate subcontractors and suppliers shortly before main
site meetings to facilitate accurate reporting of progress.
280
PHOTOGRAPHS
• Number of locations: As directed by the CA.
• Frequency of intervals: Weekly.
• Image format: digital.
• Number of images from each location: As directed by the CA.
• Other requirements: Photographic documentation of the codition of the existing building
before work commences
285
PARTIAL POSSESSION BY EMPLOYER
• Conditions of Contract clauses 2.33 to 2.37: Ensure al necessary access, services and
other associated facilities are also complete.
290
NOTICE OF COMPLETION
• Requirement: Give notice of the anticipated dates of completion of the whole or parts of
the Works.
• Associated works: Ensure necessary access, services and facilities are complete.
Period of notice (minimum): One month.
310
EXTENSIONS OF TIME
• Notice: When a notice of the cause of any delay or likely delay in the progress of the
Works is given under the Contract, written notice must also be given of al other causes
which apply concurrently.
CONTROL OF COST
410
CASH FLOW FORECAST
• Submission: Before starting work on site, submit a forecast showing the gross valuation of
the Works at the date of each Interim Certificate throughout the Contract period. Base on
the programme for the Works.
420
REMOVAL/ REPLACEMENT OF EXISTING WORK
• Extent and location: Agree before commencement.
Execution: Carry out in ways that minimize the extent of work.
440
MEASUREMENT
Covered work: Give notice before covering work required to be measured.
450
DAYWORK VOUCHERS
• Before commencing work: Give reasonable notice to person countersigning daywork
vouchers.
• Content: Before delivery each voucher must be:
-
Referenced to the instruction under which the work is authorised.
-
Signed by the Contractor's person in charge as evidence that the operatives' names, the
time spent by each, the plant and materials shown are correct.
460
INTERIM VALUATIONS
• Application by Contractor: If made under Conditions of Contract clause 4.12, include
details of amounts considered due, together with al necessary supporting information.
470
PRODUCTS NOT INCORPORATED INTO THE WORKS
• Ownership: At the time of each valuation, supply details of those products not incorporated
into the Works which are subject to any reservation of title inconsistent with passing of
property as required by the Conditions of Contract, together with their respective values.
Evidence: When requested, provide evidence of freedom of reservation of title.
475
LISTED PRODUCTS STORED OFF SITE
• Evidence of Title: Submit reasonable proof that the property in 'listed items' is vested in the
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Contractor.
• Include for products purchased from a supplier:
-
A copy of the contract of sale and a written statement from the supplier that any
conditions of the sale relating to the passing of property have been fulfil ed and the
products are not subject to any encumbrance or charge.
• Include for products purchased from a supplier by a subcontractor or manufactured or
assembled by any subcontractor:
-
Copies of the subcontract with the subcontractor and a written statement from the
subcontractor that any conditions relating to the passing of property have been fulfil ed.
480
LABOUR AND EQUIPMENT RETURNS
• Daily records: Provide at the beginning of each week for verification.
• Records must show:
-
The number and description of craftsmen, labourers and other persons employed on or
in connection with the Works, including those employed by subcontractors.
-
The number, type and capacity of al mechanical and power-operated equipment
employed in constructing the Works.
A33 QUALITY STANDARDS/ CONTROL
STANDARDS OF PRODUCTS AND EXECUTIONS
110
INCOMPLETE DOCUMENTATION
• General: Where and to the extent that products or work are not ful y documented, they are
to be:
-
Of a kind and standard appropriate to the nature and character of that part of the Works
where they wil be used.
-
Suitable for the purposes stated or reasonably to be inferred from the project
documents.
Contract documents: Omissions or errors in description and/ or quantity shal not vitiate
the Contract nor release the Contractor from any obligations or liabilities under the
120
WORKMANSHIP SKILLS
• Operatives: Appropriately skil ed and experienced for the type and quality of work.
• Registration: With Construction Skil s Certification Scheme.
Evidence: Operatives must produce evidence of skil s/ qualifications when requested.
130
QUALITY OF PRODUCTS
• General y: New. (Proposals for recycled products may be considered).
• Supply of each product: From the same source or manufacturer.
• Whole quantity of each product required to complete the Works: Consistent kind, size,
quality and overal appearance.
• Tolerances: Where critical, measure a sufficient quantity to determine compliance.
• Deterioration: Prevent. Order in suitable quantities to a programme and use in appropriate
sequence.
135
QUALITY OF EXECUTION
• General y: Fix, apply, instal or lay products securely, accurately, plumb, neatly and in
alignment.
• Colour batching: Do not use different colour batches where they can be seen together.
• Dimensions: Check on-site dimensions.
• Finished work: Not defective, e.g. not damaged, disfigured, dirty, faulty, or out of tolerance.
Location and fixing of products: Adjust joints open to view so they are even and regular.
140
COMPLIANCE
• Compliance with proprietary specifications: Retain on site evidence that the proprietary
product specified has been supplied.
• Compliance with performance specifications: Submit evidence of compliance, including
test reports indicating:
-
Properties tested.
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-
Pass/ fail criteria.
-
Test methods and procedures.
-
Test results.
-
Identity of testing agency.
-
Test dates and times.
-
Identities of witnesses.
Analysis of results.
150
INSPECTIONS
• Products and executions: Inspection or any other action must not be taken as approval
unless confirmed in writing referring to:
-
Date of inspection.
-
Part of the work inspected.
-
Respects or characteristics which are approved.
-
Extent and purpose of the approval.
Any associated conditions.
160
RELATED WORK
• Details: Provide al trades with necessary details of related types of work. Before starting
each new type or section of work ensure previous related work is:
-
Appropriately complete.
-
In accordance with the project documents.
-
To a suitable standard.
-
In a suitable condition to receive the new work.
Preparatory work: Ensure al necessary preparatory work has been carried out.
170
MANUFACTURER'S RECOMMENDATIONS/ INSTRUCTIONS
• General: Comply with manufacturer's printed recommendations and instructions current on
the date of the Invitation to tender.
• Changes to recommendations or instructions: Submit details.
• Ancil ary products and accessories: Use those supplied or recommended by main product
manufacturer.
• Agrément certified products: Comply with limitations, recommendations and requirements
of relevant valid certificates.
180
WATER FOR THE WORKS
• Mains supply: Clean and uncontaminated.
• Other: Do not use until:
-
Evidence of suitability is provided.
Tested to BS EN 1008 if instructed.
SAMPLES/ APPROVALS
210
SAMPLES
• Products or executions: Comply with al other specification requirements and in respect of
the stated or implied characteristics either:
-
To an express approval.
To match a sample expressly approved as a standard for the purpose.
220
APPROVAL OF PRODUCTS
• Submissions, samples, inspections and tests: Undertake or arrange to suit the Works
programme.
• Approval: Relates to a sample of the product and not to the product as used in the Works.
Do not confirm orders or use the product until approval of the sample has been obtained.
• Complying sample: Retain in good, clean condition on site. Remove when no longer
required.
230
APPROVAL OF EXECUTION
• Submissions, samples, inspections and tests: Undertake or arrange to suit the Works
programme.
• Approval: Relates to the stated characteristics of the sample. (If approval of the finished
work as a whole is required this is specified separately). Do not conceal, or proceed with
affected work until compliance with requirements is confirmed.
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• Complying sample: Retain in good, clean condition on site. Remove when no longer required.
ACCURACY/ SETTING OUT GENERALLY
330
APPEARANCE AND FIT
• Tolerances and dimensions: If likely to be critical to execution or difficult to achieve, as
early as possible either:
-
Submit proposals; or
-
Arrange for inspection of appearance of relevant aspects of partial y finished work.
General tolerances (maximum): To BS 5606, tables 1 and 2.
SERVICES GENERALLY
410
SERVICES REGULATIONS
• New or existing services: Comply with the Byelaws or Regulations of the relevant Statutory
Authority.
420
WATER REGULATIONS/ BYELAWS NOTIFICATION
• Requirements: Notify Water Undertaker of any work carried out to or which affects new or
existing services and submit any required plans, diagrams and details.
• Consent: Al ow adequate time to receive Undertaker's consent before starting work. Inform
immediately if consent is withheld or is granted subject to significant conditions.
430
WATER REGULATIONS/ BYELAWS CONTRACTOR'S CERTIFICATE
• On completion of the work: Submit (copy where also required to the Water Undertaker) a
certificate including:
-
The address of the premises.
-
A brief description of the new instal ation and/ or work carried out to an existing
instal ation.
-
The Contractor's name and address.
-
A statement that the instal ation complies with the relevant Water Regulations or
Byelaws.
-
The name and signature of the individual responsible for checking compliance.
The date on which the instal ation was checked.
435
ELECTRICAL INSTALLATION CERTIFICATE
• Issue: When work is completed.
Original certificate: To be lodged in the Home Information Pack.
440 GAS, OIL AND SOLID FUEL APPLIANCE INSTALLATION CERTIFICATE
• Before the completion date stated in the Contract: Submit a certificate stating:
-
The address of the premises.
-
A brief description of the new instal ation and/ or work carried out to an existing
instal ation.
-
Any special recommendations or instructions for the safe use and operation of
appliances and flues.
-
The Contractor's name and address.
-
A statement that the instal ation complies with the appropriate safety, instal ation and
use regulations.
-
The name, qualification and signature of the competent person responsible for checking
compliance.
-
The date on which the instal ation was checked.
Certificate location: Building Manual.
450
MECHANICAL AND ELECTRICAL SERVICES
• Final tests and commissioning: Carry out so that services are in ful working order at
completion of the Works.
Building Regulations notice: Copy to be lodged in Building Manual.
SUPERVISION/ INSPECTION/ DEFECTIVE WORK
510
SUPERVISION
• General: In addition to the constant management and supervision of the Works provided
by the Contractor's person in charge, al significant types of work must be under the close
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control of competent trade supervisors to ensure maintenance of satisfactory quality and
progress.
• Replacement: Give maximum possible notice before changing person in charge or site
agent.
520
COORDINATION OF ENGINEERING SERVICES
• Suitability: Site organisation staff must include one or more persons with appropriate
knowledge and experience of mechanical and electrical engineering services to ensure
compatibility between engineering and the Works general y.
• Evidence: Submit when requested CVs or other documentary evidence relating to the staff
concerned.
530
OVERTIME WORKING
• Notice: Prior to overtime being worked, submit details of times, types and locations of work
to be done.
-
Minimum period of notice: One week.
• Concealed work: If executed during overtime for which notice has not been given, it may
be required to be opened up for inspection and reinstated at the Contractor's expense.
540
DEFECTS IN EXISTING WORK
• Undocumented defects: When discovered, immediately give notice. Do not proceed with
affected related work until response has been received.
• Documented remedial work: Do not execute work which may:
-
Hinder access to defective products or work; or
Be rendered abortive by remedial work.
550
ACCESS FOR INSPECTION
• Removal: Before removing scaffolding or other facilities for access, give notice of not less
than one week.
560
TESTS AND INSPECTIONS
• Timing: Agree and record dates and times of tests and inspections to enable al affected
parties to be represented.
• Confirmation: One working day prior to each such test or inspection. If sample or test is
not ready, agree a new date and time.
Records: Submit a copy of test certificates and retain copies on site.
610
PROPOSALS FOR RECTIFICATION OF DEFECTIVE PRODUCTS/ EXECUTIONS
• Proposals: Immediately any execution or product is known, or appears, to be not in
accordance with the Contract, submit proposals for opening up, inspection, testing, making
good, adjustment of the Contract Sum, or removal and re-execution.
• Acceptability: Such proposals may be unacceptable and contrary instructions may be
issued.
620
MEASURES TO ESTABLISH ACCEPTABILITY
• General: Wherever inspection or testing shows that the work, materials or goods are not in
accordance with the contract and measures (e.g. testing, opening up, experimental
making good) are taken to help in establishing whether or not the work is acceptable, such
measures:
-
Wil be at the expense of the Contractor.
Wil not be considered as grounds for extension of time.
630
QUALITY CONTROL
• Procedures: Establish and maintain to ensure that the Works, including the work of
subcontractors, comply with specified requirements.
• Records: Maintain ful records, keep copies on site for inspection, and submit copies on
request.
• Content of records:
-
Identification of the element, item, batch or lot including location in the Works.
-
Nature and dates of inspections, tests and approvals.
-
Nature and extent of nonconforming work found.
Details of corrective action.
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WORK AT OR AFTER COMPLETION
710
WORK BEFORE COMPLETION
• General: Make good al damage consequent upon the Works.
Temporary markings, coverings and protective wrappings: Remove unless otherwise
instructed.
• Cleaning: Clean the Works thoroughly inside and out, including al accessible ducts and
voids. Remove al splashes, deposits, efflorescence, rubbish and surplus materials.
• Cleaning materials and methods: As recommended by manufacturers of products being
cleaned, and must not damage or disfigure other materials or construction.
• COSHH dated data sheets: Obtain for al materials used for cleaning and ensure they are
used only as recommended by their manufacturers.
• Minor faults: Touch up in newly painted work, careful y matching colour and brushing out
edges. Repaint badly marked areas back to suitable breaks or junctions.
• Moving parts of new work: Adjust, ease and lubricate as necessary to ensure easy and
efficient operation, including doors, windows, drawers, ironmongery, appliances, valves
and controls.
720
SECURITY AT COMPLETION
• General: Leave the Works secure with, where appropriate, al accesses closed and
locked.
Keys: Account for and adequately label al keys and hand over to Employer with itemized
730 MAKING GOOD DEFECTS
• Remedial work: Arrange access with Contract Administrator.
• Rectification: Give reasonable notice for access to the various parts of the Works.
Completion: Notify when remedial works have been completed.
A34 SECURITY/ SAFETY/ PROTECTION
SECURITY, HEALTH AND SAFETY
110
PRECONSTRUCTION INFORMATION
• Location: Integral with the project Preliminaries, including but not restricted to the fol owing
sections:
-
Description of project: Sections A10 and A11.
-
Client's consideration and management requirements: Sections A12, A13 and A36.
-
Environmental restrictions and on-site risks: Section A12, A35 and A34.
-
Significant design and construction hazards: Section A34.
The Health and Safety File: Section A37.
120
EXECUTION HAZARDS
• Common hazards: Not listed. Control by good management and site practice.
130
PRODUCT HAZARDS
• Hazardous substances: Site personnel levels must not exceed occupational exposure
standards and maximum exposure limits stated in the current version of HSE document
EH40: Occupational Exposure Limits.
• Common hazards: Not listed. Control by good management and site practice.
140
CONSTRUCTION PHASE HEALTH AND SAFETY PLAN
• Submission: Present to the Employer/ Client no later than 2 weeks before commencement
on site.
• Confirmation: Do not start construction work until the Employer has confirmed in writing
that the Construction Phase Health and Safety Plan includes the procedures and
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arrangements required by the CDM Regulations.
• Content: Develop the plan from and draw on the Outline Construction Phase Health and
Safety Plan, clause A30/570, and the Pre-tender Health and Safety Plan/ Preconstruction
information.
150
SECURITY
• Protection: Safeguard the site, the Works, products, materials, and any existing buildings
affected by the Works from damage and theft.
• Access: Take al reasonable precautions to prevent unauthorized access to the site, the
Works and adjoining property.
Special requirements: Liaise with the site manager for Islington Town Hal .
160
STABILITY
• Responsibility: Maintain the stability and structural integrity of the Works and adjacent
structures during the Contract.
Design loads: Obtain details, support as necessary and prevent overloading.
170 OCCUPIED PREMISES
• Extent: Existing buildings wil be occupied and/ or used during the Contract as fol ows: The
town Hal wil be ful y functional including wedding ceromonies the Contractor must liaise
with the Town Hal site manager with regard to dates and times etc..
• Works: Carry out without undue inconvenience and nuisance and without danger to
occupants and users.
• Overtime: If compliance with this clause requires certain operations to be carried out
during overtime, and such overtime is not required for any other reason, the extra cost wil
be paid to the Contractor, provided that such overtime is authorized in advance.
180
PASSES
• Control ed areas: Passes wil be required for access to Council Buildings.
• Authorised persons: Submit a list of the names of al persons requiring passes together
with any other related information reasonably required.
Return of passes: When requested or on completion of the work to which the pass relates.
190
OCCUPIER'S RULES AND REGULATIONS
• Compliance: Conform to the occupier's rules and regulations affecting the site.
• Copies:
-
Location: Islington Town hal .
Arrangements for inspection: Site manager.
200
MOBILE TELEPHONES
• Use: Not permitted in the fol owing areas:
- Not Applicable.
210
EMPLOYER'S REPRESENTATIVES SITE VISITS
• Safety: Submit details in advance, to the Employer or the person identified in clause
A10/140, of safety provisions and procedures (including those relating to materials, which
may be deleterious), which wil require their compliance when visiting the site.
• Protective clothing and/ or equipment: Provide and maintain on site for the Employer and
the person stated in clause A10/140 and other visitors to the site.
220
WORKING PRECAUTIONS/ RESTRICTIONS
• Hazardous areas: Operatives must take precautions as fol ows:
-
Work area: ________.
-
Precautions: ________.
• Permit to work: Operatives must comply with procedures in the fol owing areas:
-
Work area: ________.
Procedures: ________.
PROTECT AGAINST THE FOLLOWING
310
EXPLOSIVES
Use: Not permitted
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320
NOISE CONSENT BY LOCAL AUTHORITY
• Consent: Granted by the Local Authority under Part III of the Control of Pol ution Act
relating to the Works providing the fol owing conditions are met:
- No noisy work to be carried out during Wedding Ceremony’s.
330
NOISE CONTROL
• Standard: Comply general y with the recommendations of BS 5228-1, clause 9.3 to
minimize noise levels during the execution of the Works.
• Noise levels from the Works: Maximum level: ________ dB(A) when measured from
________.
• Equipment: Fit compressors, percussion tools and vehicles with effective silencers of a
type recommended by manufacturers of the compressors, tools or vehicles.
• Restrictions: Do not use:
-
Pneumatic dril s and other noisy appliances without consent during the hours of
________.
-
Radios or other audio equipment or permit employees to use in ways or at times that
may cause nuisance.
340
POLLUTION
• Prevention: Protect the site, the Works and the general environment including the
atmosphere, land, streams and waterways against pol ution.
• Contamination: If pol ution occurs inform immediately, including to the appropriate
Authorities and provide relevant information.
350
PESTICIDES
Use: Not permitted.
360
NUISANCE
• Duty: Prevent nuisance from smoke, dust, rubbish, vermin and other causes.
• Surface water: Prevent hazardous build-up on site, in excavations and to surrounding
areas and roads.
370
ASBESTOS CONTAINING MATERIALS
• Duty: Report immediately any suspected materials discovered during execution of the
Works.
-
Do not disturb.
Agree methods for safe removal or encapsulation.
380
FIRE PREVENTION
• Duty: Prevent personal injury or death, and damage to the Works or other property from
fire.
• Standard: Comply with Joint Code of Practice 'Fire Prevention on Construction Sites',
published by the Construction Confederation and The Fire Protection Association (The
'Joint Fire Code').
390
SMOKING ON SITE
Smoking on site: Not permitted.
400
BURNING ON SITE
Burning on site: Not permitted.
410
MOISTURE
• Wetness or dampness: Prevent, where this may cause damage to the Works.
• Drying out: Control humidity and the application of heat to prevent:
-
Blistering and failure of adhesion.
-
Damage due to trapped moisture.
Excessive movement.
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420
INFECTED TIMBER/ CONTAMINATED MATERIALS
• Removal: Where instructed to remove material affected by fungal/ insect attack from the
building, minimize the risk of infecting other parts of the building.
• Testing: carry out and keep records of appropriate tests to demonstrate that hazards
presented by concentrations of airborne particles, toxins and other micro organisms are
within acceptable levels.
430
WASTE
• Includes: Rubbish, debris, spoil, containers and surplus material.
• Minimize: Keep the site and Works clean and tidy.
• Remove: Frequently and dispose off site in a safe and competent manner:
-
Non-hazardous material: In a manner approved by the Waste Regulation Authority.
-
Hazardous material: As directed by the Waste Regulation Authority and in accordance
with relevant regulations.
• Voids and cavities in the construction: Remove rubbish, dirt and residues before closing in.
Waste transfer documentation: Retain on site.
440
ELECTROMAGNETIC INTERFERENCE
Duty: Prevent excessive electromagnetic disturbance to apparatus outside the site.
450
LASER EQUIPMENT
• Construction laser equipment: Instal , use and store in accordance with BS EN 60825-1
and the manufacturer's instructions.
• Class 1 or Class 2 laser equipment: Ensure laser beam is not set at eye level and is
terminated at the end of its useful path.
• Class 3A and Class 3B laser equipment: Do not use without approval and subject to
submission of a method statement on its safe use.
PROTECT THE FOLLOWING
510
EXISTING SERVICES
• Confirmation: Notify al service authorities, statutory undertakers and/ or adjacent owners
of proposed works not less than one week before commencing site operations.
• Identification: Before starting work, check and mark positions of mains/ services. Where
positions are not shown on drawings obtain relevant details from service authorities,
statutory undertakers or other owners.
• Work adjacent to services:
-
Comply with service authority's/ statutory undertaker's recommendations.
-
Adequately protect, and prevent damage to services: Do not interfere with their
operation without consent of service authorities/ statutory undertakers or other owners.
• Identifying services:
-
Below ground: Use signboards, giving type and depth;
-
Overhead: Use headroom markers.
• Damage to services: If any results from execution of the Works:
-
Immediately give notice and notify appropriate service authority/ statutory undertaker.
-
Make arrangements for the work to be made good without delay to the satisfaction of
service authority/ statutory undertaker or other owner as appropriate.
-
Any measures taken to deal with an emergency wil not affect the extent of the
Contractor's liability.
• Marker tapes or protective covers: Replace, if disturbed during site operations, to service
authority's/ statutory undertakers recommendations.
520
ROADS AND FOOTPATHS
• Duty: Maintain roads and footpaths within and adjacent to the site and keep clear of mud
and debris.
• Damage caused by site traffic or otherwise consequent upon the Works: Make good to the
satisfaction of the Employer, Local Authority or other owner.
530
EXISTING TOPSOIL/ SUBSOIL
• Duty: Prevent over compaction of existing topsoil and subsoil in those areas which may be
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damaged by construction traffic, parking of vehicles, temporary site accommodation or
storage of materials and which wil require reinstatement prior to completion of the Works.
Protection: Before starting work submit proposals for protective measures.
540
RETAINED TREES/ SHRUBS/ GRASSED AREAS
• Protection: Preserve and prevent damage, except those not required.
• Replacement: Mature trees and shrubs if uprooted, destroyed, or damaged beyond
reasonable chance of survival in their original shape, as a consequence of the Contractor's
negligence, must be replaced with those of a similar type and age at the Contractor's
expense.
550
RETAINED TREES
• Protected area: Unless agreed otherwise do not:
-
Dump spoil or rubbish, excavate or disturb topsoil, park vehicles or plant, store materials
or place temporary accommodation within an area which is the larger of the branch
spread of the tree or an area with a radius of half the tree's height, measured from the
trunk.
-
Sever roots exceeding 25 mm in diameter. If unintentional y severed give notice and
seek advice.
Change level of ground within an area 3 m beyond branch spread.
560
EXISTING FEATURES
• Protection: Prevent damage to existing buildings, fences, gates, wal s, roads, paved areas
and other site features, which are to remain in position during execution of the Works.
Special requirements: The works are within a grade 2 listed building.
570
EXISTING WORK
• Protection: Prevent damage to existing work, structures or other property during the
course of the work.
• Removal: Minimum amount necessary.
Replacement work: To match existing.
580
BUILDING INTERIORS
• Protection: Prevent damage from exposure to the environment, including weather, flora,
fauna, and other causes of material degradation during the course of the work.
600
EXISTING FURNITURE, FITTINGS AND EQUIPMENT
• Protection: Prevent damage or move as necessary to enable the Works to be executed.
Reinstate in original positions.
• Extent: Before work in each room starts the Employer wil remove the fol owing:
- none.
610
ESPECIALLY VALUABLE/ VULNERABLE ITEMS
• Protection: Ensure provision and maintenance of special protective measures to prevent
damage to the fol owing:
- Al areas as the building is grade 2 listed .
• Method statement: Submit within one week of request describing special protection to be
provided.
620
ADJOINING PROPERTY
• Permission: Obtain as necessary from owners if requiring to erect scaffolding on or
otherwise use adjoining property.
625
ADJOINING PROPERTY RESTRICTIONS
• Precautions:
-
Prevent trespass of workpeople and take precautions to prevent damage to adjoining
property.
-
Pay al charges.
-
Remove and make good on completion or when directed.
Damage: Bear cost of repairing damage arising from execution of the Works.
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630
EXISTING STRUCTURES
• Duty: Check proposed methods of work for effects on adjacent structures inside and
outside the site boundary.
• Supports: During execution of the Works:
-
Provide and maintain al incidental shoring, strutting, needling and other supports as
may be necessary to preserve stability of existing structures on the site or adjoining, that
may be endangered or affected by the Works.
-
Do not remove until new work is strong enough to support existing structure.
-
Prevent overstressing of completed work when removing supports.
• Adjacent structures: Monitor and immediately report excessive movement.
Standard: Comply with BS 5975 and BS EN 12812.
640
MATERIALS FOR RECYCLING/ REUSE
• Duty: Sort and prevent damage to stated products or materials, clean off bedding and
jointing materials and other contaminants.
• Storage: Stack neatly and protect until required by the Employer or for use in the Works as
instructed.
A35 SPECIFIC LIMITATIONS ON METHOD/ SEQUENCE/ TIMING
110
SCOPE
• General: The limitations described in this section are supplementary to limitations
described or implicit in information given in other sections or on the drawings.
130
METHOD/ SEQUENCE OF WORK
• Specific Limitations: Include the fol owing in the programme:
- none.
140
SCAFFOLDING
Scaffolding: Make available to subcontractors and others at al times.
160
USE OR DISPOSAL OF MATERIALS
Specific limitations: none.
170
WORKING HOURS
Specific limitations: Normal working hours are 8am to 6pm Monday to Friday working on Saturdays
Sundays or Bank holidays wil only be al owed by prior agreement with the Contract Administrator
A36 FACILITIES/ TEMPORARY WORK/ SERVICES
GENERALLY
110
SPOIL HEAPS, TEMPORARY WORKS AND SERVICES
• Location: Give notice of intended siting.
• Maintenance: Alter, adapt and move as necessary. Remove when no longer required and
make good.
ACCOMMODATION
260
SANITARY ACCOMMODATION
• Facilities: Provide and maintain in a clean condition, sanitary accommodation for the
Employer's representatives, either separate or shared with the Contractor's supervisory
staff.
270
ACCOMMODATION/ LAND NOT INCLUDED IN THE SITE
• General: The fol owing may be used for the duration of the Contract without charge
provided that:
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-
It is used solely for the purposes of carrying out the Works.
-
The use to which it is put does not involve undue risk of damage.
-
Any temporary adaptations are approved by or on behalf of the Employer before being
carried out.
-
It is vacated on completion of the Works or determination of the Contract.
-
When vacated, its condition is at least equivalent to its condition at the start of the
Contract.
• The accommodation/ land: One Car Park Space on the Forecourt where shown on drawing SK006
280
EXISTING ACCOMMODATION
• Restrictions on use: Temporary accommodation is prohibited in the fol owing:
Any where outside of the Auditorium no temporary accommodation can be sited
Anywhere external y
TEMPORARY WORKS
310
ROADS
• Permanent roads, hard standings and footpaths on the site: The fol owing may be used,
subject to clause A34/520:
-
Details: Forecourt of the Town Hal .
-
Restrictions on use: One skip positioned in al ocated space .
Protective or remedial measures: The Contractor is to provide protective hoarding painted.
Islington Green
320
TEMPORARY WORKS
Employer's specific requirements: Provide: Publicity board .
340
NAME BOARDS/ ADVERTISEMENTS
• General: Obtain approval, including statutory consents, and provide a temporary name
board displaying:
-
Title of project: Islinton Town Hal Auditorium Refurbishment.
-
Name of Employer: Islington Council.
-
Names of Consultants: Mouchel.
-
Names of Contractor and Subcontractors: TBC.
Special requirements: Size to be advised by CA.
SERVICES AND FACILITIES
410
LIGHTING
• Finishing work and inspection: Provide temporary lighting, the intensity and direction of
which closely resembles that delivered by the permanent instal ation.
420
LIGHTING AND POWER
• Supply: Electricity from the Employer's mains may be used for the Works as fol ows:
-
Metering: Metered by the Employer and charged to the Contractor.
-
Point of supply: TBC.
-
Available capacity: 240 volts.
-
Frequency: 50 Hz.
-
Phase: 3.
-
Current: Alternating.
• Continuity: The Employer wil not be responsible for the consequences of failure or
restriction in supply.
430
WATER
• Supply: The Employer's mains may be used for the Works as fol ows:
-
Metering: Metered by the Employer and charged to the Contractor.
-
Source: the site.
-
Location of supply point: TBC.
-
Conditions/ Restrictions: none.
• Continuity: The Employer wil not be responsible for the consequences of failure or
restriction in supply.
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440
MOBILE TELEPHONES
• Direct communication: As soon as practicable after the Date of Possession provide the
Contractor's person in charge with a mobile telephone.
460
FAX INSTALLATION
• General: As soon as practicable after the Date of Possession provide a suitable on site fax
instal ation, with a separate dedicated telephone line, for use by the Contractor,
Subcontractors and those acting on behalf of the Employer.
• Employer's cal charges: Al ow for the cost of a reasonable number of transmissions made
by those acting on behalf of the Employer.
520
USE OF PERMANENT HEATING SYSTEM
• Permanent heating instal ation: May be used for drying out the Works and control ing
temperature and humidity levels.
• Instal ation: If used:
-
Take responsibility for operation, maintenance and remedial work.
-
Arrange supervision by and indemnification of the appropriate Subcontractors.
Pay costs arising.
530
BENEFICIAL USE OF INSTALLED SYSTEMS
• Permanent systems: Unless specific permission is given by the Employer and instal er, do
not use for any purpose other than running in, testing and commissioning.
• Other uses: If permission is given for any other use of a system before the Works are
accepted as complete, it must be subject to a separate written agreement between the
parties and in accordance with the recommended procedures given in NJCC Guidance
Note 10.
540
METER READINGS
• Charges for service supplies: Where to be apportioned ensure that:
-
Meter readings are taken by relevant authority at possession and/ or completion as
appropriate.
Copies of readings are supplied to interested parties.
550
THERMOMETERS
• General: Provide on site and maintain in accurate condition a maximum and minimum
thermometer for measuring atmospheric shade temperature, in an approved location.
A37 OPERATION/ MAINTENANCE OF THE FINISHED WORKS
GENERALLY
110
THE BUILDING MANUAL
• Purpose: The Manual is to be a comprehensive information source and guide for owners
and users of the completed Works. It should provide an overview of the main design
principles and describe key components and systems to enable proper understanding,
efficient and safe operation and maintenance.
• Scope:
-
Part 1: General: [Content as clause 120].
-
Part 2: Fabric: [Content as clause 130].
-
Part 3: Services: [Content as clause 140].
-
Part 4: The Health and Safety File: [prepared and supplied by the CDM Coordinator].
Content as clause 150
• Responsibility: The Building Manual is to be produced by The Contractor and must be
complete no later than one week prior to practical completion.
• Information provided by others: Details: Any manufacturers operating manuals.
• Compilation:
-
Prepare al information for Contractor designed or performance specified work including
as-built drawings.
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-
Obtain or prepare al other information to be included in the Manual.
• Reviewing the Manual: Submit a complete draft. Amend in the light of any comments and
resubmit. Do not proceed with production of the final copies until authorized.
• Final copies of the Manual:
-
Number of copies: 2.
-
Format: one electronic and on hard paper copy to be left with the site manager.
-
Latest date for submission: four weeks weeks before the date for completion stated in
the contract.
• As-built drawings and schedules:
-
Number of copies: 2.
Format: one electronic and one hard paper copy (Autocad.
115
THE HEALTH AND SAFETY FILE
• Responsibility: ________.
• Content: Obtain and Provide the fol owing information: ________.
• Format: ________
Delivery to: ________ By (date): ________.
120 CONTENT OF THE BUILDING MANUAL PART 1: GENERAL
• Content: Obtain and Provide the fol owing, including al relevant details not included in
other parts of the manual:
• Index: list the constituent parts of the manual, together with their location in the document.
• The Works:
-
Description of the buildings and facilities.
-
Ownership and tenancy, where relevant
-
Health and Safety information – other than that specifical y required by the Construction
(Design and Management) Regulations.
• The Contract:
-
Names and addresses and contact details of al significant consultants, contractors,
subcontractors, suppliers and manufacturers.
-
Overal design criteria.
-
Environmental performance requirements
-
Relevant authorities, consents and approvals.
-
Third party certification, such as those made by _competent_ persons in accordance with
the Building Regulations
• Operational requirements and constraints of a general nature:
-
Maintenance contracts and contractors.
-
Fire safety strategy for the buildings and the site. Include drawings showing emergency
escape and fire appliance routes, fire resisting doors location of emergency alarm and
fire fighting systems, services, shut off valves switches, etc.
-
Emergency procedures and contact details in case of emergency.
-
Other specific requirements: ________.
• Description and location of other key documents.
Timescale for completion: ________.
130
CONTENT OF THE BUILDING MANUAL PART 2: BUILDING FABRIC
• Content: Obtain and Provide the fol owing, including al relevant details not included in
other parts of the manual:
• Detailed design criteria, including:
-
Floor and roof loadings.
-
Durability of individual components and elements.
-
Loading restrictions.
-
Insulation values.
-
Fire ratings.
-
Other relevant performance requirements.
• Construction of the building:
-
A detailed description of methods and materials used.
-
As-built drawings recording the construction, together with an index.
-
Information and guidance concerning repair, renovation or demolition/ deconstruction.
• Periodic building maintenance guide chart.
• Inspection reports.
• Manufacturer's instructions index, including relevant COSHH data sheets and
recommendations for cleaning, repair and maintenance of components.
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• Fixtures, fittings and components schedule and index.
• Guarantees, warranties and maintenance agreements – obtain from manufacturers,
suppliers and subcontractors.
• Test certificates and reports required in the specification or in accordance with legislation,
including:
-
Air permeability.
-
Resistance to passage of sound.
-
Continuity of insulation.
-
Electricity and Gas safety.
Timescale for completion: _By the date for completion of the works.
140 CONTENT OF THE BUILDING MANUAL PART 3: BUILDING SERVICES
• Content: Obtain and Provide the fol owing, including al relevant details not included in
other parts of the manual:
• Detailed design criteria and description of the systems, including:
-
Services capacity, loadings and restrictions
-
Services instructions.
-
Services log sheets.
-
Manufacturers' instruction manuals and leaflets index.
-
Fixtures, fittings and component schedule index.
• Detailed description of methods and materials used.
• As-built drawings for each system recording the construction, together with an index,
including:
-
Diagrammatic drawings indicating principal items of plant, equipment and fittings
-
Record drawings showing overal instal ation
-
Schedules of plant, equipment, valves, etc. describing location, design performance and
unique identification cross referenced to the record drawings.
-
Identification of services – a legend for colour coded services.
• Product details, including for each item of plant and equipment:
-
Name, address and contact details of the manufacturer.
-
Catalogue number or reference
-
Manufacturer's technical literature, including detailed operating and maintenance
instructions.
-
Information and guidance concerning dismantling, repair, renovation or
decommissioning.
• Operation: A description of the operation of each system, including:
-
Starting up, operation and shutting down
-
Control sequences
-
Procedures for seasonal changeover
-
Procedures for diagnostics, troubleshooting and faultfinding.
• Guarantees, warranties and maintenance agreements – obtain from manufacturers,
suppliers and subcontractors.
• Commissioning records and test certificates list for each item of plant, equipment, valves,
etc. used in the instal ations – including:
-
Electrical circuit tests.
-
Corrosion tests.
-
Type tests.
-
Work tests.
-
Start and commissioning tests.
• Equipment settings: Schedules of fixed and variable equipment settings established during
commissioning.
• Preventative maintenance: Recommendations for frequency and procedures to be
adopted to ensure efficient operation of the systems
• Lubrication: Schedules of al lubricated items
• Consumables: A list of al consumable items and their source.
• Spares: A list of recommended spares to be kept in stock, being those items subject to
wear and tear or deterioration and which may involve an extended delivery time when
replacements are required.
• Emergency procedures for al systems, significant items of plant and equipment.
• Annual maintenance summary chart.
Timescale for completion: _By the date for completion of the works
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150 CONTENT OF THE BUILDING MANUAL PART 4: THE HEALTH AND SAFETY FILE
• Content: obtain and provide the fol owing, including al relevant details not included in
other parts of the manual, including:
-
residual hazards and how they have been dealt with
-
hazardous materials used
-
information regarding the removal or dismantling of instal ed plant and equipment
-
health and safety information about equipment provided for cleaning or maintaining the
structure;
-
the nature, location and markings of significant services,
-
information and as-built drawings of the structure, its plant and equipment
- ________.
• Timescale for completion: By the date for completion of the works.
Submit to: The Contract Administrator.
160
PRESENTATION OF BUILDING MANUAL
• Format: A4 size, plastics covered, loose leaf, four ring binders with hard covers, each
indexed, divided and appropriately cover titled.
• Selected drawings needed to il ustrate or locate items mentioned in the Manual: Where
larger than A4, to be folded and accommodated in the binders so that they may be
unfolded without being detached from the rings.
As-built drawings: The main sets may form annexes to the Manual.
210
INFORMATION FOR COMMISSIONING OF SERVICES
• General: Submit relevant drawings and preliminary performance data to enable the
building user's staff to familiarise themselves with the instal ation.
Time of submission: At commencement of commissioning.
220
TRAINING
• Objective: Before Completion, explain and demonstrate to the Employer's maintenance
staff the purpose, function and operation of the instal ations including items and
procedures listed in the Building Manual.
Operating time: Include a minimum of three days.
230
SPARE PARTS
• General: Before Completion submit a priced schedule of spare parts that the Contractor
recommends should be obtained and kept in stock for maintenance of the services
instal ations.
• Content: Include in the priced schedule for:
-
Manufacturers' current prices, including packaging and delivery to site.
-
Checking receipts, marking and numbering in accordance with the schedule of spare
parts.
-
Referencing to the plant and equipment list in Part 3 of the Building Manual.
-
Painting, greasing, etc. and packing to prevent deterioration during storage.
Latest date for submission: Two weeks before completion.
250
TOOLS
• General: Provide tools and portable indicating instruments for the operation and
maintenance of al services plant and equipment (except any instal ed under Named
Subcontracts) together with suitable means of identifying, storing and securing.
• Quantity: Two complete sets.
Time of submission: At completion.
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APPENDIX A
Please include for the fol owing schedule 2 “Amendments to the JCT form of contract”.
SCHEDULE 2
AMENDMENTS TO THE JCT FORM OF CONTRACT
1.
Where any of the Recitals, Articles or Contract Particulars set out in the Tender
Documentation differ in any respect from the corresponding recitals, articles or
contract particulars sections of the JCT Form of Contract, the latter sections shal be
deemed to have been amended accordingly.
2.
The JCT Form of Contract shal be amended as fol ows:
Section 1 Definitions and Interpretation
1.1
Definitions
The definition of “Agreement” is deleted and the definition set out in Clause
1.1 of the Short Form of Agreement shal apply.
1.1
The definition of “Conditions” is amended by inserting the words
“(as
amended herein)” after the word “Conditions”;
1.1
The definition of
“Contract Documents” is deleted and the definition set out
in Clause 1.1 of the Short Form of Agreement shal apply.
1.1
A new definition is inserted as fol ows:
““Intel ectual Property Rights” shal include the rights of ownership in
respect of al manner of intel ectual property rights (including, without
limitation, patents, trade marks and service marks, copyright, database
and design rights);”
1.2
Reference to clauses etc.
In the first line, the words
“in the Agreement or …” are deleted.
1.7.1.
Giving or service of notices and other documents
In the second line, the words
“, or by email” are inserted after the word
“post”.
Section 2 Carrying out the Works
2.23
Liquidated damages for non-completion
Fol owing Clause 2.23.3 a further Clause 2.23.4 shal be inserted as
fol ows:
“Clause 2.23.4 Nothing in this Clause 2.23 shal limit the Employer’s right to
terminate this Agreement for failure on the part of the Contractor to proceed
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regularly and diligently with the Works in accordance with Clause 8.4.”
2.23.1
Copyright and use (for use in “IC with Contractor’s Design”)
In the first line the words
“due and payable” shal be deleted and replaced
with the fol owing words:
“which are due and payable and which are not subject to being lawful y
withheld or set-off by the Employer”
In the second line, after the word
“non-exclusive” the word “,
transferable”
shal be inserted.
In the second last and last lines of Clause 2.38.2 the words
“but shal not”
shal be deleted and replaced with the words
“and shal ”.
Section 3 Control of the Works
3.8
The words
“in or shal be confirmed” shal be inserted before the words
“in
writing” in the first line.
Section 4 Payment
4.8
Interim Payments
In clause 4.8.1
“14 days” shal be deleted and
“28 days” shal be inserted in
its place.
Clause 4.8.5 shal be amended by inserting the fol owing after the first
sentence thereof:
“Payment of such interest shal be considered a substantial remedy for the
purposes of the Late Payment of Commercial Debts (Interest) Act 1998.”
4.11
Contractor’s right of suspension
In clause 4.11, the words
“7 days” shal be deleted and replaced with the
words
“14 days”.
4.14
Final Certificate – issue and payment
Clause 4.14.5 shal be amended by inserting the fol owing after the first
sentence thereof:
“Payment of such interest shal be considered a substantial remedy for the
purposes of the Late Payment of Commercial Debts (Interest) Act 1998.”
4.15
Fluctuations – choice of provisions
Clause 4.15 and 4.16 shal be deleted and replaced with the fol owing:
“4.15 The Contractor acknowledges and accepts that al prices contained in
its tender are fixed for the duration of this Contract and are not subject to
adjustment for any fluctuation whether in accordance with Schedule 4 of the
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JCT Form of Contract, or otherwise.”
Section 5 Variations
No amendment.
Section 6 Injury, Damage and Insurance
6.4
Contractor’s Insurance of his Liability
After Clause 6.4.1, an additional Clause 6.4.1A shal be inserted as fol ows:
“6.4.1A In addition to its obligations under Clause 6.4.1 the Contractor shal
at al times maintain in force such employer’s liability insurance with
reputable insurers or underwriters approved by the Employer which shal
ful y insure and indemnify the Contractor against its liability in the sum of
not less than £5,000,000, in respect of any one occurrence or series of
occurrences arising out of one event.”
In Clause 6.4.2 and 6.4.3 the references to
“clause 6.4.1” shal be read as
references to
“clauses 6.4.1 and 6.4.1A”.
6.15
CPD Professional Indemnity Insurance (for use in “IC with Contractor’s
and
Design”)
6.16
In clauses 6.15.2 and 6.16 the words:
“available at commercial y
reasonable rates” shal be deleted and replaced with the words
“commercial y available”.
Section 7 Assignment, Third Party Rights and Collateral Warranties
7.4
Execution of Collateral Warranties
Clause 7.4 shal be deleted and replaced with the fol owing:
“Any col ateral warranty to be entered into or procured pursuant to this
Agreement shal be executed by deed and shal be substantial y in the form
contained in Schedule 2 of this Agreement.”
Section 8 Termination
8.2
Notices under section 8
Clause 8.2.1 shal be amended by deleting the
words “unreasonably or
vexatiously” and inserting in their place the words
“otherwise than in
accordance with this Agreement”.
8.4
Termination by Employer
After sub-clause 8.4.3 a further sub-clause shal be inserted a fol ows:
“8.4.4 Notwithstanding anything contained in clauses 8.4.1 to 8.4.3 hereof,
in the event that the Contractor commits a material breach of this
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Agreement, the Employer shal be entitled to terminate this Agreement
forthwith by notice in writing to the Contractor to that effect.”
8.6
Corruption
Clause 8.6 shal be deleted.
8.9
Termination by Contractor
In clause 8.9.3 the references to
“14 day(s)” shal be replaced with
references to
“21 day(s)”.
Section 9 Settlement of Disputes
No amendment.
Schedule 1 – Insurance Options
(Clause 6.7)
No amendment
Schedule 2 – Named Sub-Contractors
(Clause 3.7)
No amendment
Schedule 3 – Form of Bonds
(Clauses 4.5 and 4.12)
No amendment
Schedule 4 – Fluctuations Option – contribution, levy and tax fluctuations
(Clause 4.15)
Deleted
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APPENDIX 2
FORM OF PARENT COMPANY GUARANTEE
THIS DEED OF GUARANTEE is made the day of 200[ ]
By
[ ] whose registered office is at [
]
(registered no. [ ]) (“
the Guarantor”)
in favour of
THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF ISLINGTON of the
Town Hal , Upper Street, London N1 2UD (“
the Council”), which expression shal include
its successors and assigns).
WHEREAS
A.
The Council has entered into a Contract dated
200[ ] (“
the Contract”)
with [ ] whose registered office is at [
] (“
the Supplier”)
for [ ] at the prices stated in the Contract.
B.
The Guarantor has agreed to guarantee the due and proper performance of the
Contract in the manner hereinafter appearing.
NOW IN CONSIDERATION OF THE PAYMENT OF ONE POUND (£1) BY THE COUNCIL
TO THE GUARANTOR (RECEIPT OF WHICH THE GUARANTOR HEREBY
ACKNOWLEDGES) THE GUARANTOR HEREBY COVENANTS WITH THE COUNCIL as
fol ows:
1.
The Guarantor wil in al respects guarantee the due and proper performance of the
Contract and the due observance and punctual performance of al the obligations, duties,
undertakings, covenants, warranties, representations and conditions by or on the part of the
Supplier contained therein or arising from or in any way related thereto and to be observed
and performed by it, which guarantee shal for the avoidance of doubt extend to include any
variation of or addition to the Contract.
2.
In the event of the Supplier in any respect failing to carry out, observe or perform al
or any of the said obligations, duties, undertakings, covenants, warranties, representations
and conditions under the Contract (unless relieved from the performance of any part of the
Contract by statute or by the decision of a court or tribunal of competent jurisdiction) then
the Guarantor wil be liable for and hereby agrees to indemnify the Council against al
losses, damages, costs and expenses whatsoever and howsoever incurred by the Council
by reason or in consequence of any such failure to carry out, observe or perform on the part
of the Supplier under the Contract (including (but not limited to) any additional costs, losses
and expenses incurred by the Council as a consequence of having to procure the relevant
services, supplies and/or works from a third party).
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Without prejudice and in addition to its rights under Clause 3.1 below, the Council may at its
sole discretion in the event of the failure for any reason of the Supplier to carry out and/or
complete its obligations in accordance with the Contract require the Guarantor to carry out
and complete the same or to procure the carrying out and completion of the said obligations
and the Guarantor shal be bound by the terms of the Contract as though it were a party to
the same.
The Council wil not be bound first to make demand on or enforce any rights against the
Supplier or any other guarantor or other person before enforcing this Guarantee Provided
that the Guarantor shal have no greater liability under this Guarantee than it would have
had if the Guarantor had been named as Supplier under the Contract.
3.
The Guarantor shal not be discharged or released from this Guarantee by the
occurrence of any one or more of the fol owing:
3.1
any alteration to the nature or extent of the terms of the Contract;
3.2
any al owance of time, forbearance, indulgence or other concession granted to the
Supplier under the Contract or any other compromise or settlement of any dispute between
the Council and the Supplier (but so that the Council shal not pursue against the Guarantor
a remedy contrary to the terms of any such compromise or settlement insofar as the
Supplier shal have complied with such terms);
3.3
the liquidation, bankruptcy, administration, absence of legal personality, dissolution,
incapacity or any change in the name, composition or constitution of the Supplier or the
Guarantor;
3.4
any other act, omission, matter or thing which but for this provision might operate to
discharge, release or otherwise exonerate the Guarantor from this Guarantee.
4.
This Guarantee is a continuing guarantee and accordingly shal remain in operation
until al obligations, duties, undertakings, covenants, warranties, representations and
conditions now or hereafter to be carried out or performed by the Supplier under the
Contract shal have been satisfied and performed in ful and is in addition to and not in
substitution for any other security which the Council may at any time hold for the
performance of such obligations. Where in the reasonable opinion of the Council the
Supplier has failed to carry out, observe or perform al or any of the obligations, duties,
undertakings, covenants, warranties, representations and conditions on the part of the
Supplier contained in the Contract and the Supplier has failed to rectify such failure in
accordance with the Contract this Guarantee may be enforced without first having recourse
to any such security and without taking any other steps or proceedings against the Supplier.
5.
Insofar as any sums are payable (whether contingently or otherwise) by the Supplier
to the Council under the terms of the Contract then the Guarantor shal not exercise any
right of set-off or counterclaim against the Supplier or any other person or prove in
competition with the Council in respect of any payment by the Guarantor hereunder and in
case the Guarantor receives any sums from the Supplier or any other person in respect of
any payment of the Guarantor hereunder the Guarantor shal hold such monies in trust for
the Council so long as any sums are payable (whether contingently or otherwise) under this
Guarantee.
6.
The Guarantor wil not, without the prior written consent of the Council hold any
security from the Supplier or any other person in respect of the Guarantor's liability
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hereunder or in respect of any liabilities or other obligations of the Supplier to the
Guarantor. The Guarantor wil hold any security held by it in breach of this provision in trust
for the Council.
7.
This Guarantee is in addition to and not in substitution for any present and future
guarantee, lien or other security held by the Council. The Council’s rights under this
Guarantee are in addition to and not exclusive of those provided by law.
8.
If any provision of this Guarantee is held by any competent authority to be invalid,
unlawful or unenforceable in whole or in part the validity, lawfulness and enforceability of
the other provisions of this Guarantee and the remainder of the provisions in question shal
not be affected thereby.
9.
This Guarantee shal be governed by and construed in accordance with the laws of
England and the Guarantor submits to the exclusive jurisdiction of the English Courts.
IN WITNESS WHEREOF the Guarantor has executed this Guarantee as a deed the day
and year first above written
EXECUTED as a
DEED
by [
GUARANTOR]
by affixing its common seal in the presence of
Director
Director/Secretary
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APPENDIX 3
FORM OF PERFORMANCE BOND
THIS BOND is made as a Deed on the day of 200[ ]
BETWEEN
(1) [ ] whose registered office is situated at
[ ]
(hereinafter cal ed “the Contractor”) and
(2) [ ] whose registered office is situated at
[ ]
(hereinafter cal ed “the Surety”)
IN FAVOUR OF
The Mayor and Burgesses of the London Borough of Islington of the Town Hal , Upper
Street, London N1 2UD (hereinafter cal ed “the Council”)
(hereinafter col ectively cal ed “the Parties”)
WHEREAS
(1) By a contract dated the day of 200[ ] made
between the Council and the Contractor (hereinafter cal ed “the Contract”) the
Contractor has contracted with the Council to provide services, works and/or supplies for
[ ]
(described herein as “the Services”) in accordance with the terms of the said Contract.
(2) The Surety has agreed with the Contractor to guarantee in favour of the Council
performance of the obligations of the Contractor under the Contract upon the terms and
conditions of this Performance Bond subject to the limitation set out in Clause 5 below.
NOW IT IS HEREBY AGREED BETWEEN THE PARTIES as fol ows:
1.
The Surety guarantees to the Council that in the event of any breach of the Contract
by the Contractor or on the termination of the Contract or the Contractor’s
employment thereunder by reason of any act, omission, breach or default of the
Contractor, the insolvency of the Contractor or any fraud or corruption by the
Contractor (hereinafter cal ed an “Event of Default”) the Surety shal , subject to the
provisions of this Performance Bond, satisfy and discharge al damages, claims,
costs, losses, expenses, liabilities, losses of profit and losses of use (including
consequential losses) (“the Damages”) sustained by the Council as established and
ascertained in accordance with Clause 5 below.
2.
The maximum aggregate liability of the Surety and the Contractor under this
Performance Bond shal not exceed the sum of £[ ]
or ten percent (10%) of the total aggregate Contract Price (whichever is the greater)
and the Parties hereto agree the liability of the Surety and the Contractor hereunder
shal be joint and several and the liability of the Surety shal be co-extensive with the
liability of the Contractor under the Contract.
3.
The Contractor and the Surety shal not be released and/or discharged from the
obligations contained in this Performance Bond in the event of either or any of the
fol owing:
(a)
any change in the nature or extent of the Services being or being due to be
performed under the Contract;
(b)
any alteration to the terms, conditions and/or other provisions of the Contract;
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(c)
any al owance of time, forbearance, indulgence, relaxation or other
concession granted by the Council to the Contractor under the Contract in
respect of its obligations thereunder;
(d)
any compromise or settlement of any dispute between the Council and the
Contractor (but so that the Council shal not pursue against the Surety a
remedy contrary to the terms of any such compromise or settlement in so far
as the Contractor shal have complied with such terms);
(e)
any act or default of the Council or its officers or by any breach or al eged
breach of the Contract by the Council; or
(f)
any determination, termination or other cessation of the Contract for any
reason whatsoever.
4.
The Surety’s obligations and liabilities under this Performance Bond shal continue
notwithstanding any disclaimer of the Contract by a liquidator, receiver or
administrator appointed to the Contractor and the Contract shal for the purposes of
this Performance Bond be deemed to continue notwithstanding any such disclaimer.
5.
The Damages sustained by the Council by reason of an Event of Default (which shal
where applicable include the fees of the expert appointed in accordance with Clause
5(c) below) shal be ascertained and established (at the discretion of the Council) by
either:
(a)
written confirmation signed on behalf of the Council and countersigned by the
Contractor as to the amount of the Damages payable to the Council by reason
of an Event of Default; or
(b)
a copy of a judgement of a court having jurisdiction or a copy of any award
issued in arbitration or like proceedings carried out in conformity with the
terms of the Contract; or
(c)
the written determination of a professional expert qualified and experienced in
the relevant area who shal be agreed between the Council and the Surety or
in default of agreement shal be appointed by the President for the time being
of the Law Society and who shal act as expert and not as arbitrator.
6.
If an Event of Default shal occur, notwithstanding that the Damages sustained by the
Council shal not have been ascertained and established in accordance with the
provisions of Clause 5 of this Performance Bond, the Council may and shal at any
time before the Expiry Date (as defined in Clause 7) give notice in writing to the
Contractor and the Surety specifying the nature of the Event of Default and making a
claim under the terms of this Performance Bond.
7.
This Performance Bond shal remain in ful force and effect until not less than twenty
four months after the expiry of the Contract Period or, in the event that the Contract
is extended pursuant to the Conditions thereof, twenty four months after the expiry of
such extension period (“the Expiry Date”) on which date the obligations of the Surety
under this Performance Bond shal be released and discharged absolutely save in
respect of any Event of Default which has occurred and in respect of which a claim in
writing containing particulars of such Event of Default has been made upon the
Surety before such date.
8.
The Performance Bond shal be governed by and construed in accordance with
English Law and the English Courts shal have jurisdiction over any dispute or
difference which may arise between the parties hereto out of or in connection with
this Performance Bond.
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9.
The Parties hereto intend this Performance Bond to take effect as a Deed.
IN WITNESS whereof the Parties hereto have executed this Performance Bond as a Deed
by causing their respective Common Seals to be hereunto affixed the day and year first
before written.
THE COMMON SEAL OF THE CONTRACTOR
was hereunto affixed in the presence of
…………………………………..
DIRECTOR
…………………………………..
DIRECTOR/SECRETARY
THE COMMON SEAL OF THE SURETY
was hereunto affixed in the presence of
………………………………….
DIRECTOR
…………………………………
DIRECTOR/SECRETARY
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APPENDIX B
Please include for the fol owing schedule 3 “The employer’s special conditions”.
SCHEDULE 3
THE EMPLOYER’S SPECIAL CONDITIONS
1. DEFINITIONS AND INTERPRETATION
Terms and expressions used in these Employer's Special Conditions which are not defined
elsewhere in this Agreement shal have the fol owing meanings:
“2000 Act”
means the Freedom of Information Act 2000 and any subordinate legislation made
thereunder from time to time together with any guidance and codes of practice
issued by the Information Commissioner in relation thereto;
“Best Value”
means the Employer’s duty to ensure continuous improvement in the way in which its
functions are exercised having regard to:
(a) economy, efficiency and effectiveness as that duty is defined in the
Local Government Act 1999, al subsidiary legislation and Government
guidance made thereunder and relevant Technical Releases of the
Audit Commission; and
(b) the Employer’s independent objectives including (but not limited to)
performance of equality, environmental welfare and regeneration;
each of which shal be considered and assessed with regard to every element of the
Works;
“Collateral Warranty”
means the col ateral warranty (contained in Schedule 3 of this Agreement) due to be
given (where applicable) by the sub-contractor(s) in favour of the Employer, more
specifical y referred to in Special Condition 2.8 below;
“Confidential Information”
means Information, data and material of any nature which either Party may receive
or obtain in connection with the Contract and:
(1)
which comprises Personal Data or Sensitive Personal Data (as both
terms are defined in the Data Protection Act 1998); or
(2)
the disclosure of which would or would be likely to prejudice the
commercial interests of either Party or any other person and the public
interest in maintaining non disclosure would outweigh the public
interest in disclosure; or
(3)
the disclosure of which by the Employer would constitute a breach of
confidence actionable by the Contractor or a third Party;
"Clause"
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means (in the context of these Special Conditions and unless stated to the contrary
in the context in which the term appears) a clause or sub-clause contained in these
Employer's Special Conditions;
“Environmental Information Regulations”
means the Environmental Information Regulations 2004;
“Islington Council’s Publication Scheme”
means the publication scheme adopted by Islington Council pursuant to section 19 of
the 2000 Act and as amended by the Council from time to time;
“Information”
means Information as defined in section 84 of the 2000 Act;
“Legislation”
means al Acts of Parliament and statutory regulations, instruments or orders, court
decisions or judgements having the force of law and codes of practice issued
thereunder and al applicable European Community legislation, as any of the same
may be amended or interpreted from time to time;
“Request for Information”
means a Request for Information as defined in section 8 of the 2000 Act;
Al other words and expressions used herein shal (where appropriate) be as defined in the
JCT Form of Contract.
The Employer's Special Conditions are to be read and construed as part of the Contract
Documents. In the event of conflict between any of the provisions herein and any other
Contract Documents the Employer's Special Conditions shal prevail.
None of the Employer's Special Conditions are intended to relate to any non-commercial
matter within the meaning of section 17(5) of the Local Government Act 1988, except to the
extent that their inclusion is permitted by section 18 of that Act and by order specified by the
Secretary of State under section 19 of the Local Government Act 1999.
2.
Competence and Sufficiency of the Persons Engaged upon the
Works and collateral warranties
2.1
The Contractor shal ensure that al of its personnel, agents and other staff engaged
in the execution of the Works, and those of its sub-contractors so engaged or
otherwise responsible, are competent to carry out their respective tasks with due
regard to the Contractor’s obligations under the Contract and without undue
inconvenience to the public and any other third parties throughout the duration of the
Contract, including (without limitation) during periods of absence of some members
of its personnel or other staff engaged in the execution of the Works due to sickness,
maternity leave, holidays, training or otherwise.
2.2
The Contractor shal ensure that its personnel, sub-contractors and agents engaged
in the execution of the Works are properly supervised and managed.
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2.3
The Contractor shal ensure that a sufficient number of workers or workforce are
engaged in the execution of the Works and those of its sub-contractors so engaged,
to enable the Contractor to perform the Contract.
2.4
The Contractor shal , for the purposes of enabling the Employer to satisfy itself as to
the Contractor’s compliance with this Clause 2, maintain throughout the performance
of the Contract proper and up-to-date records of al personnel engaged by the
Contractor (including personnel of its sub-contractors) who are and/or who are likely
to have any connection with the performance of the Contract including employee
attendance records and shal afford the Employer ful access to such records upon
reasonable notice in writing by the Employer.
2.5 The Employer shal , on giving notice together with reasons to the Contractor, have the
power to require the Contractor, (but not unreasonably or vexatiously), to remove any
individual member or members of the Contractor’s personnel, or of its sub-
contractors.
2.6
The Employer shal under no circumstances be liable either to the Contractor or to its
personnel, agents or its sub-contractors for any cost, expense, liability, loss or
damage occasioned by removal under Clause 2.5 above and subject as aforesaid
the Contractor shal ful y indemnify the Employer in respect of any claim made by the
said personnel, agents and/or subcontractors.
2.7
For the avoidance of doubt, the Contractor shal at al times be ful y and solely
responsible under this Contract for the payment of al income or other taxes, national
insurance contributions and levies of every kind, relating to or arising out of its
employment of any individual and ful y indemnifies the Employer against any liability
arising as a consequence thereof.
2.8
The Contractor undertakes to obtain col ateral warranties in the form contained in
Schedule 3 from al approved sub-contractors in favour of the Employer who shal be
the named beneficiary of each warranty. It shal be a condition precedent of
enforceability of the Contract that the Contractor obtains the said col ateral
warranties.
2.9
The Contractor undertakes to inform the Employer of any relationship (family or
otherwise) to any member of the Employer organisation or its professional team
employed on the Project and put notice in writing explaining the nature of the
relationship.
3.
Unlawful Discrimination and Equal Opportunities
3.1
In the performance of its obligations in the Contract the Contractor shal comply and
shal ensure that its personnel, agents and sub-contractors comply with the best
professional practice in relation to equal opportunities in particular (but not limited to)
al relevant Legislation (including but not limited to the Sex Discrimination Acts 1975
and 1986, the Race Relations Act 1976, the Race Relations (Amendment) Act 2000
and the Disability Discrimination Act 1995) as wel as statutory and other official
guidance and codes of practice and any amendments to each of the same.
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3.2
The Contractor acknowledges that the Employer has a general duty under the Race
Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000
(hereinafter referred to below as "the Acts”) to have due regard to the need to
eliminate unlawful discrimination and promote equality of opportunity and good race
relations in carrying out their functions.
3.3
The Contractor shal be construed to have and accept that it has the same
obligations as the Employer under the Acts when performing its obligations and wil
comply with any instructions issued by the Employer for the purpose of securing the
Contractor's compliance with the Acts. The Contractor shal comply with the general
duty under the Acts as set out in clause 3.2 above and any Codes of Practice issued
by the Commission for Racial Equality including (but not limited to) the Code of
Practice for the Elimination of Racial Discrimination and the Promotion of Equality of
Opportunity in Employment.
3.4
The Contractor, its agents and sub-contractors shal adopt the Employer’s own equal
opportunities policies and procedures (as the same may be adopted and amended
from time to time), or operate their own equal opportunities policy subject to prior
approval by the Employer, to comply with the statutory requirements of the Acts and
accordingly shal not, when employing persons for the purpose of performing the
Contractor’s obligations in the Contract, discriminate on the grounds of race directly,
indirectly, by victimisation or otherwise.
3.5
The Contractor shal , at the request of the Employer, provide for the Employer a
suitable breakdown of the workforce by race and grade as the Employer may
reasonably require in order to be satisfied as to the Contractor’s compliance with
clauses 3.1 to 3.4 above. The Contractor shal monitor the representation within the
workforce of employees of different racial groups (meaning groups of persons
defined by reference to colour, race, nationality, ethnic or national origins) and further
undertakes to report to the Employer the results of such monitoring at the Employer’s
request.
3.6
The Contractor shal be considered to be in breach of this clause 3 in the event of
any non-compliance with any Legislation and codes of practice relating to unlawful
discrimination and equal opportunities including but not limited to the Legislation
specified in Clause 3.1 above.
3.7
The Contractor shal indemnify the Employer in respect of any liabilities, costs,
damages, repairs, losses incurred in any action brought by the Commission of Racial
Equality and/or any other third party against the Employer for non-compliance with
the aforesaid Legislation and codes of practice in the event that the cause for non-
compliance is the Contractor's breach of this Clause 3.
3.8
During the Contract Period the Contractor shal inform the Employer as soon as
becoming aware of any legal proceedings (whether civil or criminal) brought against
the Contractor under any Legislation or of any judgements, awards, convictions (not
spent or exempted under the Rehabilitation of Offenders Act 1974), or settlements
arising therefrom, and shal provide the Employer with such further information and
documentation as may be required in relation thereto.
4. Health and Safety
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4.1 The Contractor shal in executing the Works ensure that its personnel and any sub-
contractor and any other person acting on behalf of the Contractor wil comply with
Legislation in relation to the safety and health of its employees, of sub-contractors, of
any other persons in or near the site of the Works and of the members of the public.
The Contractor shal comply with: i) al Legislation in the field of health and safety at
work; i ) al specific requirements relating to health and safety contained in the
Contract Documents; and i i) with any instructions the Employer may give to the
Contractor in relation to health and safety.
4.2 For guidance of the Contractor the Legislation requiring compliance by the
Contractor includes but is not limited to the Legislation specified below to the extent
that it is applicable to the activities of the Contractor and of al persons engaged by
the Contractor in the execution of the Works:
Construction (Health, Safety and Welfare) Regulations 1999;
Construction (Design and Management) Regulations 2007;
Lifting Operations and Lifting Equipment Regulations 1998;
Provision of Use of Work Equipment Regulations 1998;
Personal Protective Equipment at Work Regulations 1992;
Manual Handling Operations Regulations 1992;
Noise at Work Regulations 1989;
The Health and Safety at Work Etc. Act 1974;
The Control of Substances Hazardous to Health Regulations 1994;
The Occupiers’ Liability Acts 1957 and 1984;
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995;
The Health and Safety (First Aid) Regulations 1981;
The Workforce (Health, Safety and Welfare) Regulations 1992;
The Management of Health and Safety at Work Regulations 1999;
The Health and Safety (Display Screen Equipment) Regulations 1992;
The Health and Safety (Information for Employees) Regulations 1989;
Manual Handling Operations Regulations 1992;
The Electricity at Work Regulations 1989;
The Noise at Work Regulations 1989;
Health and Safety (Safety, Signs and Signals) Regulations 1996;
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Workplace (Health and Safety and Welfare) Regulations 1996;
Fire Certificates (Special Premises) Regulations 1976;
The Factories Act 1961;
Control of Asbestos at Work Regulations 2002.
4.3 The Contractor shal comply with al relevant codes of guidance related to health and
safety including but not limited to guidance issued by the Health and Safety
Executive.
4.4 The Contractor shal inform the Employer as soon as becoming aware of any
prosecution or pending or likely prosecution of the Contractor for any offence
pertaining to the health and safety of its employees or of other persons, or of any
conviction on such prosecution, and shal provide the Employer with such further
information and documents as the Employer may require.
4.5 The Contractor shal :
4.5.1 if so requested by the Employer, provide the Employer with a copy of the
Contractor's health and safety policy, health and safety codes of practice and risk
assessments;
4.5.2 consult regularly with such health and safety representatives or committees as the
Contractor's employees may appoint or establish;
4.5.3 keep its health and safety policy, health and safety codes of practice and risk
assessments under review and make any amendments necessary, particularly
where there has been a change to current Legislation or working practices or the
introduction of new equipment (including vehicles) and shal notify the Employer in
writing of any changes made; and
4.5.4 comply with any changes, amendments or further instructions reasonably issued by
the Employer in connection with the Contractor’s health and safety procedures; and
4.5.5 comply with al practices, procedures, guidelines and other requirements relating to
health and safety as may be specified in any other Contract Documents.
4.6
The Contractor shal comply with the Islington Council Employer's Code of Practice
for Construction Sites (which is guidance on good environmental practice) as
directed by the Employer, the contents of which shal be notified to the Contractor by
the Employer if the Employer determines that it is applicable to the activities of the
Contractor under the Contract.
4.7
The Contractor shal indemnify the Employer against al claims and proceedings and
al liabilities, losses, costs, damages and expenses incurred in connection therewith
by the Employer as a result of any breach of this clause 4 by the Contractor, its
employees, sub-contractors or agents.
5. FREEDOM OF INFORMATION
5.1
The Contractor acknowledges that the Employer is subject to the requirements of the
Environmental Information Regulations and the 2000 Act and agrees to use al
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reasonable endeavours to assist the Employer (at the Contractor’s expense) to
comply with its obligations imposed under those provisions.
5.2 The Contractor shal process Information provided to the Contractor by the
Employer, produced in the performance of the Contract or relating to the Contract in
accordance with a records management system which complies with the Lord
Chancel or’s code of practice for the keeping and management of records under
section 46 of the 2000 Act.
5.3
Subject to Clause 5.6, the Contractor shal and shal procure that its Subcontractors
shal :
5.3.1 transfer any Request for Information received by the Contractor or its
Subcontractors to the Employer promptly and, in any event, within two
Working Days of its receipt;
5.3.2 provide the Employer with a copy of al Information in its possession or power
in the form and within the time scale that the Employer requires;
5.3.3 provide al necessary assistance as reasonably requested by the Employer to
enable the Employer to respond to a Request Information within the time for
compliance prescribed by Section 10 of the 2000 Act; and
5.3.4 do not respond directly to a Request for Information or disclose or release
Information without the prior written authority of the Employer.
5.4 Subject to Clause 5.6, the Employer shal be responsible for determining, in its
absolute discretion, whether:
5.4.1 Information relating to a Request for Information is exempt from disclosure
under the 2000 Act or the Environmental Information Regulations;
5.4.2 any Information is to be disclosed in response to a Request for Information.
5.5
The Contractor acknowledges that the Employer may be obliged under the 2000 Act
or the Environmental Information Regulations to disclose Information:
5.5.1 without consulting the Contractor; or
5.5.2 fol owing consultation with the Contractor and having taken its views into
account.
5.6 Where the 2000 Act applies to the Contractor (by virtue of an order made under
Section 5 of the 2000 Act or otherwise), the Contractor shal :
5.6.1 comply with the 2000 Act and any associated Legislation and codes of
practice (including (without limitation) the Secretary of State’s and Lord
Chancel or’s codes of practice issued under sections 45 and 46 of the 2000
Act); and
5.6.2 where the Contractor receives a Request for Information from a third Party
under the 2000 Act, which relates to the Employer and/or this Contract:
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5.6.2.1
inform the Employer about the Request For Information and the
nature of the Information being sought as soon as reasonably
possible;
5.6.2.2
consider and apply al lawful exemptions provided under the
2000 Act to withhold Information sought in terms of the Request
For Information;
5.6.2.3
consult with the Employer prior to the disclosure of any such
Information; and
5.6.2.4
keep the Employer informed about the Contractor’s progress in
dealing with any Request For Information and where requested
by the Employer provide the Employer with copies of any
correspondence and documents relating to the Request For
Information.
5.7
The Contractor shal indemnify the Employer against al claims and proceedings and
al liability, loss, costs and expenses incurred in connection therewith by the
Employer as a result of any breach of this Clause 5 by the Contractor, the
Contractor’s Personnel, Sub-contractors or agents.
5.8
The Contractor acknowledges that Confidential Information is indicative only and that
the Employer may be obliged to disclose Confidential Information pursuant to the
Environmental Information Regulations or the 2000 Act.
6.
CONFIDENTIALITY AND PUBLICITY
Confidentiality
6.1
Subject to Clauses 6.3, 6.6 and 6.8 each Party undertakes to the other Party:
6.1.1 to treat al Confidential Information belonging to the other Party as confidential and
safeguard it accordingly both during the Contract Period and fol owing expiry or
termination of the Contract;
6.1.2 not to disclose any Confidential Information belonging to the other Party without the
prior written consent of that Party, except to such persons and to such extent as may
be strictly necessary for the performance of the Contract or except where such
disclosure is otherwise expressly permitted by the provisions of this Contract; and
6.1.3 not use any Confidential Information received from the other Party otherwise than for
the purposes of or in connection with Contract.
6.2
The Parties shal use of al reasonable endeavours to procure that their employees,
agents and subcontractors keep confidential and do not make any disclosure of
Confidential Information to any third Party in breach of Clause 6.1 above and only
use such Confidential Information in connection with the performance of the
Contract.
6.3 Clause 6.1 shal not apply to any disclosure of Confidential Information:
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6.3.1
which a Party can demonstrate has or becomes general y available to the public
and in the public domain otherwise than through the act or default of (or on behalf
of) the relevant Party;
6.3.2
which was in the possession of the receiving Party without restriction as to its
disposal, before receiving it from the disclosing Party;
6.3.3
which is received from a third Party who lawful y acquired it and who is under no
obligation restricting its disclosure;
6.3.4
which is required by law, any judicial or administrative process, the rules of any
stock exchange or governmental or regulatory authority having the force of law;
6.3.5
to enable a determination to be made under the Dispute Resolution Procedure in
Clause 9 of the JCT Form of Contract;
6.3.6
by either Party to any department, office or agency of the Government;
6.3.7
which is for the purpose of:
(i) the examination and certification of the Employer’s or the Contractor’s
accounts; or
(i ) any examination pursuant to Section 6(1) of the National Audit Act 1983 of the
economy, efficiency and effectiveness with which the Employer has utilised its
resources; or
6.3.8 which is independently developed without access to the Confidential Information;
6.3.9 by the Employer to any third party insofar as this may be necessary to the
performance or provision by that party of any services or works whatsoever for or to
the Employer; or
6.3.10 by the Employer to any associated company relating to the Employer’s residential or
non residential properties and further disclosure by the Employer insofar as this is
reasonably necessary for the proper discharge of the Employer’s functions which
have been or may be delegated by the Employer to a third party; or
6.3.11 by the Employer in service monitoring reports to the Employer’s Executive or other
member body or to the Employer’s board, sub-boards or committees.
6.4
The Contractor shal not make use of this Contract or other information issued or
provided by the Employer in connection with this Contract otherwise than for the
purpose of this Contract, except with the prior written consent of the Employer.
6.5
When the Contractor, in carrying out its obligations under this Contract, is provided
with Confidential Information or other information relating to users or potential
customers of the Services the Contractor shal not disclose or make use of any such
Confidential Information or other information otherwise than for the purpose for which
it was provided, unless the Contractor has sought and obtained the prior written
consent of that person or the Employer.
6.6
At the request of the Employer, the Contractor shal facilitate the Employer’s
compliance with the Code of Practice on Access to Government Information (second
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edition) or the Environmental Information Regulations and in the event that the
Employer is required to provide information to a person as a result of a request made
to it under such Code or regulations, the Contractor shal provide such information
relating to the contract, the Services or itself to enable the Employer to adhere to the
requirements of the Code or regulations.
6.7 Nothing in this Clause 6 shal prevent either Party from using any ideas, know-how or
techniques gained during the performance of this Contract in the course of its normal
business, to the extent that this does not result in the disclosure of Confidential
Information or an infringement of Intel ectual Property Rights.
6.8
The Contractor acknowledges to the Employer that nothing in this Clause 6 shal
fetter or affect the Employer’s obligations under the Data Protection Act 1998, the
2000 Act or the Environmental Information Regulations.
Publicity
6.9
Subject to Clause 6.11, the Contractor shal not and shal procure that any member
of the Contractor’s Personnel or Subcontractor shal not make any public statement
or issue any press releases or any other form of publicity document relating to,
connected with or arising out of this Contract or the matters contained in this
Contract without obtaining the Employer’s prior written approval as to its contents
and manner and timing of its presentation and publication.
6.10 The Contractor shal not and shal procure that any member of the Contractor’s
Personnel, shal not communicate with, or provide information to any representatives
of the press, television, radio or other media on any matter concerning or arising out
of this Contract without the prior written approval of the Employer.
6.11 Either Party may make a public statement or announcement concerning the
completion of this Contract if required by:
6.11.1 law; or
6.11.2 any regulatory or Government body to which either Party is subject or submits,
wherever situated, whether or not the requirement has the force of law
PROVIDED THAT any such statement does not contravene the duty of
confidentiality contained in Clause 6.1
6.12 Subject to the provisions of Clause 6.1 the Employer reserves the right to publish or
disseminate information about this Contract and the provision of the Services as it
may deem appropriate from time to time.
7.
Best Value
The Contractor undertakes to perform the Works in order that the Employer wil
achieve its objectives and/or requirements in accordance with duties to ensure Best
Value and agrees upon request from the Employer to liase with the Authorised
Officer to agree means upon which Best Value can be realised by the Parties.
8.
Prevention of Corruption
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8.1
Neither the Contractor nor any Subcontractor nor any other person employed by the
Contractor or acting on the Contractor’s behalf shal commit and the Contractor
warrants and represents that in entering this Contract, neither the Contractor nor any
such person has committed any of the fol owing (“Prohibited Acts”).
8.1.1 offer, give or agree to give to the Employer, any Employer Party or any other
person any gift or consideration of any kind as an inducement or reward:
8.1.1.1
for doing or not doing (or for having done or not having done) any
act in relation to the obtaining or performance of this Contract or
any other contract with the Employer; or
8.1.1.2
for showing or not showing favour or disfavour to any person in
relation to this Contract or any other contract with the Employer;
8.1.2 enter into this Contract or any other contract with the Employer in connection
with which commission has been paid or has been agreed to be paid by the
Contractor (or anyone acting on its behalf or to its knowledge) unless before
such contract is made, particulars of any such commission and the terms and
conditions of any such agreement for the payment thereof have been
disclosed in writing to the Employer;
8.1.3 commit any offence under the Prevention of Corruption Acts 1889 to 1916, or
Section 117(2) of the Local Government Act 1972 or under Legislation
creating offences in respect of fraudulent acts or at common law in respect of
fraudulent acts in relation to this Contract or any other contract with the
Employer; or
8.1.4 defraud or attempt to defraud or conspire to defraud the Employer.
8.2
If the Contractor (or the Contractor’s Personnel or anyone acting on its behalf or to its
knowledge) commits any of the Prohibited Acts with or without the knowledge of the
Contractor, in relation to this Contract then the Employer shal be entitled to:
8.2.1 terminate this Contract by notice in writing having immediate effect upon
which the provisions of Condition 10 shal apply; and \ or
8.2.2 require the Contractor to procure the termination of any Subcontract or agency
agreement if the Prohibited Act is that of the Contractor’s Sub-contractor or
agent; and\or
8.2.3 require the Contractor to dismiss an employee of the Contractor, if the
Prohibited Act is committed by the employee acting independently of the
Contractor; and\or
8.2.4 recover from the Contractor any loss sustained in consequence of any breach
of Clause 8.1 by the Contractor.
8.3
The Contractor shal promptly inform the Employer of the occurrence of any
Prohibited Act of which it becomes aware.
8.4
Any termination notice given pursuant to Clause 8.2.1 shal specify:
8.4.1 the nature of the Prohibited Act;
8.4.2 the identity of the party whom the Employer believes has committed the
Prohibited Act; and
8.4.3 the date on which the Contract wil terminate.
9.
Gratuities, Tips and Charges
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9.1
The Contractor shal not whether itself or by any of the Contractor’s Personnel
engaged in the provision of the Services solicit or accept any gratuity, tip or any form
of money taking or reward, col ection or charge for the provision of any part of the
Services other than bona fide charges approved by the Employer.
10.
Enforcement
10.1 In the case of any breach of the Clauses contained in these Employer's Special
Conditions it shal be lawful for the Employer (save in so far as is expressly
prohibited by section 18 of the Local Government Act 1988 and without prejudice to
any other rights or remedies that the Employer may have under the provisions of the
Employer's Special Conditions contained herein) to rely upon any rights and
remedies available to the Employer under the Conditions of the JCT Form of
Contract as if these Special Conditions formed part of the JCT Form of Contract.
10.2 If the Contractor fails to comply with any of the Employer's Special Conditions
contained herein the Employer shal be entitled to issue a written instruction stating
the action which the Contractor wil be required to take to comply with the relevant
Employer's Special Conditions. If within seven days after receipt of a written notice
from the Employer requiring compliance with such written instruction the Contractor
does not comply therewith then the Employer may employ and pay other persons to
execute any work whatsoever which may be necessary to give effect to such
instruction and al costs incurred thereby may be deducted by the Employer from any
monies due or to become due to the Contractor under this Contract or shal be
recoverable from the Contractor by the Employer as a debt.
10.3 Furthermore the Contractor's failure to comply with a written instruction issued under
Clause 10.2 above shal be deemed to be a ground under clause 8.4 of the JCT
Form of Contract entitling the Employer to give the Contractor a notice specifying as
a default or defaults the Contractor’s non-compliance with the aforementioned written
instruction and the Employer shal have the right to determine the employment of the
Contractor for continuing the default or defaults as provided by the JCT Form of
Contract.
10.4 For the avoidance of doubt the Employer's right to terminate the Contract in
accordance with the Conditions of Contract if the Contractor fails to comply with the
Contractor's obligations under the Contract shal also apply to any failure by the
Contractor to comply with the Special Conditions.
10.4 Notwithstanding anything to the contrary contained herein the Contractor shal
indemnify the Employer against al claims and proceedings and liabilities, losses,
costs and expenses incurred in connection therewith by the Employer as a result of
any breach of the Employer's Special Conditions contained herein.
10.5 Notwithstanding anything to the contrary contained herein, any sums recoverable by
the Employer under any of the Special Conditions may be deducted from monies due
or to become due to the Contractor by the Employer as a debt and may be withheld
or deducted from any monies due or to become due to the Contractor in accordance
with the JCT Form of Contract or from any other sums payable by the Employer to
the Contractor under any other contract between the Parties.
11.
Sufficiency of Information
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The Employer does not warrant the accuracy of any representation or statement of
fact or law given to the Contractor by the Employer, its servants or agents at any
time before the execution of this Contract and fol owing the execution of the Contract
(where such representation or statement has not been by agreement incorporated as
a term to the Contract). The Employer shal not be liable to the Contractor for any
loss or damage which the Contractor may sustain as a result of relying on any such
representation, statement, information or advice whether in contract, tort, under the
Misrepresentation Act 1967 or otherwise, save in so far as the relevant
representation, statement, information or advice was made or given fraudulently.
12.
Copyright, Royalties and Patent Rights
12.1 Any Intel ectual Property Rights in the Employer's Special Conditions shal remain
the property of the Employer; the Contractor may obtain or make at its own expense
further copies of the same exclusively for the use of the Contractor for the
performance of the Project.
13.
Entire Agreement
This Contract supersedes al prior agreements and arrangements of whatever nature
and sets out the entire agreement and understanding between the Parties relating to
the Works. Unless otherwise stated herein, this Contract applies in place of and
prevails over any other terms, conditions and prior representations, whether
contained in correspondence or implied by custom or law. Nothing in this Contract
shal limit liability for fraudulent misrepresentation.
- End -
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SCHEDULE 3
COLLATERAL WARRANTY TO BE GIVEN BY
A SUB-CONTRACTOR IN FAVOUR OF THE EMPLOYER
THIS COLLATERAL WARRANTY is made the day of 200[ ]
by
(1)
[ ] whose registered office is at [
] (“the
Sub-Contractor”)
in favour of
(2)
THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF ISLINGTON
of the Town Hal , Upper Street, London N1 2UD (“the Employer”)
WHEREAS The Employer has entered into a contract for the rendering of restoration and construction
works in respect of [ ] (“the Contract”) with Albany Construction Company Limited
(“the Contractor”).
The Sub-Contractor carries on business as a firm of [
] and has been
appointed to provide [
] in that capacity by the Contractor under a sub-
contract dated [ ] (“the Sub-contract”).
NOW IN CONSIDERATION OF THE PAYMENT OF ONE POUND (£10.00) RECEIPT OF
WHICH THE SUB-CONTRACTOR HEREBY ACKNOWLEDGES THIS DEED
WITNESSETH as fol ows:-
1.
In this Deed the fol owing words and expressions shal where the context so admits
be deemed to have the fol owing meanings:-
“Project Completion” means [ ];
“the Site” means the [ ];
“the Project” means [ ].
2.
The Sub-contractor hereby warrants to the Employer in relation to the Project that
the Sub-contractor has exercised and wil continue to exercise skil , care and due
diligence appropriate to its role, responsibilities and expertise under the Sub-
Contract in relation to the Project and within the scope of the Sub-Contract and that it
has complied and wil comply in al respects with the terms of the Sub-Contract.
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3.1
The Sub-Contractor hereby further warrants to the Employer in relation to the Project
that the Sub-Contractor wil take out and maintain in ful force and effect professional
indemnity insurances in accordance with the Contract and/or as required by the
Employer.
3.2
The Sub-Contractor undertakes to provide to the Employer within seven (7) days
from the date hereof evidence of the insurances referred to in clause 3.1 above duly
completed and signed by the Sub-Contractor's insurers or brokers, and further
undertakes to provide to the Employer copies of each annual renewal notice in
respect of such policy and written confirmation from the Sub-Contractor's insurers or
brokers that each annual premium has been paid, within seven (7) days of each
renewal date of such policy.
4.
Without prejudice to the generality of clause 2, the Sub-Contractor further warrants to
the Employer that it has used and wil continue to use skil , care and due diligence
referred to in clause 2 to ensure that there shal not be used in any part of the Project
any materials or substances general y known at the time of specification or
incorporation in the Project to be deleterious to health or safety or to the integrity of
buildings or other structures or finishes or plant and machinery.
5.
The Sub-Contractor hereby grants with ful title guarantee to the Employer an
irrevocable royalty- free licence to use and reproduce al drawings, specifications and
other documents and information of any kind which have been or are to be written,
originated or made by or for the Sub-Contractor pursuant to the Sub-Contract, for
any purpose relating to the Project including without limitation the execution,
completion, promotion, sale, letting, management, maintenance, repair,
refurbishment, alteration or extension of the Project or any part thereof but so that
the Sub-Contractor shal not be liable for any such drawings, specifications and other
documents if and to the extent that the same are used for any purpose other than
that for which the same were prepared as if when ascertaining such purpose and use
the Employer had been named jointly with the Contractor in the Sub-Contract. Such
licence shal carry the right to grant sub-licences and shal be transferable to third
parties
The Sub-Contractor agrees on request at any time to provide to the Employer access
to and copies of such documents provided that the Employer shal reimburse to the
Sub-Contractor the reasonable cost of producing such copies. The Sub-Contractor
warrants to the Employer that the use of such documents in connection with the
Project wil not infringe the rights of any third party and that in so far as such
documents are not the Sub-Contractor’s own original work that al sums payable in
respect of the supply and use thereof have been paid by the Sub-Contractor.
In the event of breach of any of the aforesaid undertakings by the Sub-Contractor,
the Sub-Contractor wil indemnify the Employer against al losses, costs, damages,
expenses and liabilities the Employer may incur as a consequence thereof.
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6.
The Employer may upon written notice to the Sub-Contractor assign, charge and/or
transfer the benefit of this Deed or any part or parts thereof to two further parties
without the consent of the Sub-Contractor being.
7.
It is acknowledged that whatever the manner in which the parties have executed this
Deed the period of limitations applicable to any claim or claims arising out of or in
connection with this Deed shal be twelve (12) years from the date the Project
achieves Project Completion.
8.
Any notice to be served under the terms of this Deed shal be in writing and if
despatched by registered post or recorded delivery to the other party at its
aforementioned address shal be deemed to have been received by such party forty-
eight hours after being posted.
9.
The Sub-Contractor agrees with the Employer not to vary the terms of the Sub-
Contract in a manner that would prejudice the benefit of this Deed without the prior
consent of the Employer.
10.
This Deed shal in no way prejudice or effect any other rights or remedies of the
Employer against the Sub-Contractor whether in common law or otherwise in respect
of the Project or other matters referred to herein.
11.
This Deed shal be governed by and construed in accordance with the Laws of
England.
12.
Notwithstanding the completion of the Project or any part thereof this Deed shal
continue to have effect.
13.
If any dispute or difference shal arise between the parties at any time out of or in
connection with this Deed then such dispute or difference shal be resolved in
accordance with the Contract save that any reference to “the Supplier” shal mean
“the Sub-Contractor”.
14.
The parties agree that in the event of any dispute or difference between the Sub-
Contractor and the Contractor under the Sub-Contract being referred to adjudication
and the subject matter of the dispute or difference is any matter which concerns the
Contract then either party may request that the Employer be joined in the
adjudication.
IN WITNESS WHEREOF the Sub-Contractor has executed this document as a deed the
day and year first above written
Executed as a deed by
[ ]
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SCHEDULE 3
FORMS OF BOND AND
PARENT COMPANY GUARANTEE
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APPENDIX C
The Tenderer shal state below the analysis of the lump sums given in Appendix C for SMM7
clauses A11, A30-A44 and A51. In the event of items in Appendix B not being completed,
then the lump sums wil be treated as non-adjustable.
A
B
C
D
E
Description
Fixed
number
Cost
Time
Total
Charge
of units
of unit
Related
A + D
Hr/Day/W
Cost: BxC
£
£
£
£
£
A11 Drawings
A30 Tenders
A31 BS Products
Demolish
Refix
Make good
Match
Renew
A32 Supervision
Progress
Insurances
Telephone Inst
Reinstatement
Programme
Pesticides
A33 Good practice
Quality
Proprietary
products
Protection
(products)
A34 Noise etc
Existing services
Annoyance
Protection (work)
A35 Completion
Possession
Limitations
(space)
Limitations
(hours)
Materials on site
Adverse weather
Standing orders
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A
B
C
D
E
Description
Fixed
number
Cost
Time
Total
Charge
of units
of unit
Related
A + D
Hr/Day/W
Cost: BxC
£
£
£
£
£
A36 Offices
Sanitary
Temp fences etc
Name boards
Temperature
Telephone
A40 Site
administration
A41 Temporary
accommodation
A42 Light and power
Water
Telephone
Safety
Remove rubbish
Drying
Adverse weather
Security
Maintain roads
Smal plant
General
attendance
A43 General y
A44 Temporary roads
Scaffolding
Temp hoardings
Traffic regulations
NB
In the event of a discrepancy between Appendices B and C, then the lump sums given
in Appendix C wil be taken as the correct figure for Contract purposes.
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£
p
The tenderer shal state below the lump sum prices of the
individual clauses in Bil 1
Description Page Item
PRELIMINARIES
TO MAIN SUMMARY
£
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Document Outline
