Measured Term Contract for Building Maintenance and Repairs

Transcription

1 Building Group (DAB) Measured Term Contract for Building Maintenance and Repairs May 2011 Bracknell Forest Borough Council Commercial Centre Old Bracknell Lane Bracknell Berkshire, RG12 7LH /5190 1

2 CONTENTS SECTION DESCRIPTION PAGE 1.0 Tendering Requirements & Instructions to Tenderers 1.1 Introduction Tender response Submission of Tenders Evaluation of Tenders Conditions of Tender Canvassing Contract Documents Whistleblowing Policy Preliminaries / Project Particulars 2.1 Employer Location Access Response Times Contract Administrator The Site / Existing Buildings 3.1 Site Boundaries Location of Work Existing Mains or Services Description of the Work 4.1 General Description The Properties Scope of the Work Definitions of Reactive and Planned Maintenance The Contract 5.1 Conditions of Contract Articles and Contract particulars to the Conditions of Contract Schedule of Amendments to JCT Measured Term Contract 2006 Edition Revision Section 1: Definitions and Interpretation Section 2: Carrying out the Work Section 3: Control of Work Section 4: Progress Payments Section 5: Measurement and Valuation Section 6: Injury, Damage and Insurance Section 8: Termination for Default Settlement of Disputes Employers Requirements 6.1 Management of the Works Base Communications with the Workforce Person in charge Site Personnel Out of Hours Call Out Service Review Meetings Site Meetings Abortive Visit 27

3 6.1.9 Raising Orders Payment Invoices and Worksheets Fax Facility Facility Quality Standards Control Setting Out Materials, Labour and Plant Off Loading and Man Handling Samples and Standards of Materials Manufacturers Recommendations Compliance with Regulations Proprietary Names Finance (No 2) Act Dimensions Security / Safety / Protection Security Precautions Safeguarding the Works, Materials and Plant against Damage & Theft Trespass and Nuisance Traffic & Police Regulations Control of Noise Safety, Health and Welfare Asbestos Samples Working with Asbestos Employer Safety Policies Employers Environmental Policies Cancellation on Default Maintenance of Public and Access Roads Existing Mains and Services Waste Disposal Protection, Drying and Cleaning Damage Specific Limitations on method / sequencing / timing Site visits before tendering Orders conveyed to Contractor in non-specific terms Site visits to ascertain the scope of work Delivery of Materials Working Space Working Hours Occupied Premises Contractor to report to the person in charge of the premises Programme of Works Use of the Site Reinstate Site Approval to Siting Materials obtained from Site Overtime, Nightwork and Incentives Dayworks Building Operations in Winter Glazing Work Term Times Alcohol Radio Receivers Tobacco Burning Pollution 39 2

4 Site Procedures Facilities / Temporary Work / Services Notice and Fees to Local Authorities and Public Undertaking Siting of Temporary Buildings etc Sanitary Accommodation Working Platforms Scaffolding Shoring, Screens, Fencing and Hoardings Notice Board Provision of Skips Temporary Telephones Water for the Works Lighting and Powers for the Works Landfill Tax Operation / Maintenance of the finished works CRB Checks Contractors General Cost Items 7.1 Management and Staff Site Accommodation Services and Facilities Mechanical Plant Temporary Works Travelling of Workmen Identification and Labelling Client Training Builders Work Painting and Printing of Services Waste Specification Requirements Records, Drawings and Safety File General Bonding and Earthing Working Cleaning Inspection, Testing and Commissioning of the Works Works / Materials by the Employer Approved Sub Contractors and Suppliers Work by Statutory Authorities Preambles to be used 8.1 General Appearance Strength Stability Materials Performance Standard of Quality Appraisal Costs Quality Failure Glazing Work 46 Appendices Appendix A List of Sites with addresses and telephone numbers 47 (see attachment) Appendix B Building Maintenance Glazing Specification 48 Appendix C Scaffolding Specification 50 Appendix D Flow Chart Maintenance Work 51 3

5 Appendix E ICT Requirements for Data Cabling 52 Appendix F CDM Regulations & Health and Safety Plan 53 Appendix G JCT Measured Term Contract 54 (see attachment) Appendix H Additions to JCT Measured Term Contract 55 Appendix I Guidance on Freedom of Information Act Schedules (for completion and return) Schedule 1 Form of Tender 60 Schedule 2 Method Statement 61 Schedule 3 Pricing Schedule 66 Schedule 4 Schedule of Reserved Information 68 Schedule 5 Specification Compliance Statement 69 Schedule 6 Conditions of Compliance Statement 72 Schedule 7 Tender Checklist 74 4

6 1.0 TENDERING REQUIREMENTS AND INSTRUCTIONS TO TENDERERS 1.1 INTRODUCTION If you intend to tender for the provision of Building Maintenance & Repairs Services, please read the following instructions carefully and prepare your tender accordingly The Employer shall not be responsible for any costs or expenses you incur in preparing, delivering or in the evaluation of the tender, or for any costs or expenses incurred with the formation of a Contract should you be successful You are deemed to have obtained at your own expense, all information necessary for the preparation of your tender Prior to the date for return of tenders, the Employer may clarify, amend or add to the documentation. A copy of each such instruction shall be issued by the Employer to every tenderer and shall form part of the tender documentation. No amendment shall be made to the tender documentation unless it is the subject of such an instruction. You should promptly acknowledge receipt of such instructions Any request for clarification of the Invitation to Tender documents must be made in writing addressed to: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Please note: The above named individual shall be responsible for co-coordinating the transfer of all correspondence to our Head of Building Surveyors, so shall not be responding to you instantly or directly. However, confirmation of receipt can be given As soon as practical after receipt of any request for clarification, the Employer shall respond in writing. The Employer shall not be bound to respond to any request for clarification of the Invitation to Tender which is received later than 6 working days prior to the tender submission date (see para below). Any clarifications issued by the Employer shall be treated as in para above Only clarifications made in writing by the Employer shall form part of the Invitation to Tender documents All information contained in the Invitation to Tender shall be treated as confidential except insofar as is necessary to be disclosed for the purposes of obtaining quotations essential for the preparation of your tender. 1.2 TENDER RESPONSE Your Tender must be divided into clear, easily identifiable sections and contain the information called for in the section below. (a) Commercial 2 hard copies & 1 electronic copy to be supplied on disc with the proposal Schedule 1: Schedule 3: Schedule 4: Form of Tender Pricing Schedule / Schedule of Rates The completed Schedule of Reserved Information (see guidance at Appendix I 5

7 Schedule 5: Schedule 6: Schedule 7: Specification Compliance Statement Conditions of Contract Compliance Statement (to be signed and returned with tender return) Tender Checklist (b) Technical 2 hard copies & 1 electronic copy to be supplied on disc with the proposal Schedule 2: Method Statement Method Statement detailing the means of meeting the requirements of the Specification and covering in particular (though not exclusively) the following to be clearly marked within the response: SECTION A: RESOURCING & MANAGING THE WORKS A1 Tenderers are required to demonstrate how they intend their management structure to support the successful performance of this contract. A2 A3 Tenderers are required to detail the team they intend to assign to this contract and to describe the roles to be undertaken by the team. It must include CVs of key personnel to be assigned to this contract. Tenderers are required to demonstrate how they propose to ensure that CRB checks have been carried out on any employee working on this contract including sub-contractors. A4 A5 Tenderers are required to demonstrate how they intend to ensure that priority coding response times outlined within 5.2 (Item 7) Articles and Contract Particulars to the Conditions of Contract will be managed, resourced and adhered to. Tenderers are required to provide detailed information on the trades that are routinely sub contracted out and set out how they intend to ensure any sub contractors performance is managed throughout the duration of this contract. SECTION B: IMPLEMENTATION PLAN B1 Tenderers are required to provide a Method Statement on how they intend to manage the mobilisation period from Contract award, taking account of there being no official contractor in place to assist with this transition. The tenderer is expected to include anticipated timescales within this response. SECTION C: WORK FLOW PROGRESS C1 Tenderers are required to demonstrate an efficient and fully auditable process for dealing with the entire work order process, from ordering through to invoicing. As part of this, samples of the following documents should be provided: Work Order Quotation Invoice 6

8 Please note: It is important that the tenderer demonstrates how each of the documents corresponds to the next, to enable a full tracking system to be evidenced. C2 In addition, tenderers are required to include a description of methods used to monitor their own performance throughout the duration of the contract, and the methods used to track and monitor the progress of open Works from Order to completion. SECTION D: REPORTING CAPABILITIES D1 Tenderers are required to provide examples of standard reports, to include as a minimum performance monitoring and financial information including expenditure and outstanding commitments. D2 Term Maintenance contracts require a high level of administrative input from the Council to ensure that quotations are accurate and that work has been completed at the quoted price, to the satisfaction of the customer before any invoices can be paid. Tenderers are required to describe any measures that they can take to assist with the administrative burden associated with this process. SECTION E: TRADING CAPABILITY E1 Tenderers are required to describe their e-trading capability, indicating the proportion of business currently transacted electronically (a) with customers (b) with your suppliers E2 Please confirm if you are able to provide invoices / worksheets in: o xml o as.tif files o as.xls spreadsheet files o paper invoicing only SECTION F: HEALTH & SAFETY Tenderers must submit the following documents: F1 CDM Health and Safety Development plan F2 Health and Safety policy F3 Documented evidence of Health and Safety training including asbestos awareness training SECTION G: APPRENTICE SKILLS AND TRAINING G1 Bracknell Forest Council is currently considering the Grow Your Own initiative (details below) and would require the contractor party to this contract to employ 1 or 2 Apprentices/Trainees from the group indentified below and from the Bracknell area. To enable this initiative the Council requires the contractor to indicate if there would be additional costs to the Council for each Apprentice/Trainee the contractor employs as part of this initiative. Grow Our Own Grow Our Own is a skills and employment support service operating within Bracknell Forest and Royal Borough of Windsor and Maidenhead. Support to non employed people is provided through individual information, advice and guidance, skills based training courses and a weekly job club to enable clients to access the internet to search for and apply for work, develop interview skills and provide a networking opportunity. 7

9 Clients build an action plan and where necessary are referred to external services for additional support such as colleges, adult education, employers and specialist providers. Grow Our Own will facilitate skills development and where appropriate provide the training courses or work with an employer to offer a work placement and develop an appropriate training plan. Assistance is provided to employers with funding identification, course provision and general support when working with individuals that may be new to the labour market or changing career. The target group for the service is anyone that is non employed, this includes year olds not in education, employment or training (NEETS), those made redundant and returners to the labour market. The aim of the local authority is to engage NEETS and older workers in training programmes or apprenticeships related to the local labour market. An ultimate aim would be to ensure all contracts entered into include the provision of training, skills or work placements. You are therefore required to submit details of its proposals for employing Apprentices/Trainees as part of the Grow Your Own initiative, which should include types of training, qualifications expected to be achieved within the contract period, reporting trainee s performance and the contactor s performance in complying with the terms of the initiative External Reference Material Where any external reference material, such as brochures, specifications and system descriptions, is used to support your Tender, any statements within the reference material which may allow change to obligations or reduce liability, such as "specifications subject to change without notice", or other disclaimers will be regarded as void and shall not form part of the contract in the event that the Tender is accepted Cross References Validity Where a particular section of the tender response relates to information given in another section or in external reference material, then you must ensure that the response is clearly cross-referenced. Tenders shall remain open for acceptance for a minimum of 120 calendar days, although the Employer may ask you to extend of the period of validity. 1.3 SUBMISSION OF TENDERS Your tender must be returned in hard copy by no later than XXXXXXXXXXXXXXXX addressed to: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX The envelope must not indicate the name of the sender; envelopes that do may be rejected unopened. Similarly, tenders received after the tender submission deadline may be rejected. 1.4 EVALUATION OF TENDERS Tenders will be evaluated on both price and quality with the following weighting: 8

10 The contract will be awarded on the basis of the most economically advantageous offer. The following criteria will be used for evaluating tenders in order to determine which will provide the best value for the Employer. Price 40% The price score is out of 100 marks and will be awarded based on a mathematical formula taking into account the overall weighting allocated to this particular section. In this instance, it is calculated by taking the lowest price divided by the next lowest price and multiplied by 100. As a result, the lowest price submitted (subject to the provisions of regulation 30 (6) of the Public Contracts Regulations 2006) will be awarded a score of 100 for price alone, with tenderers thereafter being allocated a relative score. This will be combined with quality, to give an overall score for each tenderer. Quality 60% No. Description Weighting SECTION Method Statement : Section A Overall A Section Resourcing and Managing the Works Weighting 26 A1 Management Structure Sub Weighting 20 A2 Team members & Qualifications Sub Weighting 30 A3 CRB Process Sub Weighting 10 A4 Priority Coding response times Sub Weighting 30 A5 Sub Contractors Sub Weighting 10 SECTION B Implementation Plan 11 B1 Method Statement Sub Weighting 100 SECTION C Work Flow Progress 10 C1 Work flow / Sample documents Sub Weighting 50 C2 Performance Monitoring Sub Weighting 50 SECTION D Reporting capabilities 11 D1 Reporting methods Sub Weighting 60 D2 Administrative process Sub Weighting 40 9

11 SECTION Trading Capability 10 E E1 E-Trading Capability Sub Weighting 70 E2 Invoice / Worksheet Format Sub Weighting 30 SECTION F Health & Safety 10 F1 CDM Health and Safety development plan Sub Weighting 42.5 F2 Health and Safety Policy Sub Weighting 15 F3 Documented evidence of Health and Safety Sub Weighting 42.5 training including asbestos awareness training SECTION G G1 Apprentice Skills and Training 4 Apprentice Skills and Training Sub Weighting 100 OTHER References 8 The Employer will obtain references from the details provided at PQQ stage SCHEDULE Compliance with Terms and Conditions 10 6 Total Tender Evaluation will be two stage: Stage 1 - Initial Evaluation using returned tender documents. Stage 2 - Interviews may be required, and if so, will be used as a method of revisiting existing marks for all relevant sections. This evaluation will comprise of the following qualitative elements: Tender Evaluation shall be carried out using the Employer s tender evaluation model to record qualitative scores and actual prices in order to complete a ranking of tenders. Actual prices will be evaluated using tendered rates applied to a work or job model for reactive maintenance. A copy of the tender evaluation model is enclosed The Employer does not undertake to award the Contract to the lowest priced tenderer but will determine which tenderer, in the Employer's opinion and on the basis of both cost and quality considerations, will provide best value The submission of a tender shall denote the Tenderers agreement to comply with all matters referred to in the tender documentation including the Conditions of Contract and these general preliminaries unless stated otherwise. 10

12 1.4.6 Firms carrying out Mechanical Services work must be HVCA registered companies and must be Gas Safe registered or equivalent. Firms carrying out Electrical Services must be NICEIC approved or equivalent Amendments: no amendments are to be made to the schedules or any other contract documents by the tenderers unless considered appropriate to do so. Tenders containing amendments or qualifications may be rejected Travelling; the Contractor is to allow in his rates for all travelling time and costs to and from the sites Costs to be included: the Contractor is to allow for costs of fulfilling all liabilities and obligations referred to in the preliminaries, preambles and other tender documents as part of his tendered rates The Contractor shall be deemed to have included in his tender for each trade to attend upon, cut away for and make good after each other and for incidental work not specifically mentioned The Employer shall be under no obligation to award a Contract for all or any part of the requirement set out in the Invitation to Tender, to any tenderer or at all You may be required to answer the Employer s queries on your proposal and to attend formal meetings with the Employer during the tender evaluation period. Additionally the Employer may wish to visit your premises to view the facilities and systems which may be used to deliver the service. 1.5 CANVASSING Any tenderer who directly or indirectly canvasses any member or official of the Employer concerning the award of the Contract, or who directly or indirectly obtains or attempts to obtain information from any such member or official concerning any other tender submission will be disqualified. If discovery occurs after the award of the contract, the Employer shall then be entitled to summarily terminate the Contract. 1.6 CONTRACT DOCUMENTS Your attention is drawn to the JCT Measured Term Contract detailed under Appendix G (including supplementary details in the Appendix to the Conditions under Appendix H). It is intended that these will form the basis of the eventual Contract. 1.7 WHISTLEBLOWING POLICY Your attention is drawn to the Employer s Whistleblowing policy which can be found on the Procurement website at: PROJECT PARTICULARS 2.1 Employer Bracknell Forest Borough Council, Corporate Services, Commercial Centre, Old Bracknell Lane, Bracknell, Berkshire, RG12 7QT. 2.2 Location The Sites are the properties listed in Appendix A. The Employer reserves the right to add to or omit from this any properties. This will not constitute a change to the Contract and no claim for additional costs will be permitted. 11

13 2.3 Access Provision for access shall be arranged by the Contractor in accordance with Clause 3.4 (as amended) of the Contract Conditions. The Contractor shall be deemed to have visited as many Sites as necessary to evaluate the tender sum and to have ascertained the means of access and any limitations thereto, and no claim for additional costs caused by access difficulties arising from the execution of the Works and which were identified at the date of tender will be allowed. For unoccupied premises, the keys can be obtained from the Council Offices, tel /5187. Where no date is set in the Order for the Contractor to commence the Works, the Contractor shall notify the persons in charge of the premises of their intentions to start work at the Site giving not less than 3 working days notice. 2.4 Response Times Orders will be given a priority coding as noted in 5.2 (Item 7) Contract Particulars to the Standard Form of Building Contract. The response time required operates from the receipt of the Order by the Contractor, whether verbal or written whichever is the earlier. 2.5 Contract Administrator Article 3 of the Articles of Agreement. The Contract Administrator shall be the Employer or its authorised representative. However, due to the devolved responsibilities for certain Reactive Maintenance items, Heads of Establishments or their authorised representatives shall have the powers and duties of the Contract Administrator only for issuing work Orders direct, which shall be listed by the Employer using Appendix A prior to commencement of Contract. 3.0 THE SITE/EXISTING BUILDINGS 3.1 Site Boundaries Where Works are to be carried out on open Sites the Contract Administrator shall, if requested, provide such information as there may be on the boundaries and other details with the Order. 3.2 Location of Work Where possible the location of Works shall be defined with as much information as possible. 3.3 Existing Mains or Services The Contractor shall satisfy itself as to the location of all mains and services and provide protection thereto. Any damage shall be made good at the Contractors expense. 4.0 DESCRIPTION OF THE WORK 4.1 General Description The Works covered by this Contract comprise Reactive Building and Engineering Maintenance work with possibly some Planned Maintenance and some minor alterations and improvements works. The Works cover all normal building work and engineering trades. 12

14 The Contractor is to note that some areas of the Works may not come under the responsibility of the Employer and may be commissioned by school governing bodies etc., at their discretion. This Employers Requirements document shall not form part of any contractual arrangement between the Contractor and the establishment. 4.2 The Properties The Contract applies to the Sites listed in Appendix A and for which the Employer is responsible for Reactive Maintenance. These Sites include schools, youth and community centres, children s and old people homes etc., some of which are occupied for 24 hours a day. The Employer reserves the right to amend, add or delete from the list of Sites included in Appendix A. 4.3 Scope of the Work The scope of the Works comprised in any Order or in the whole Contract cannot be predetermined and no undertaking is given regarding continuity or overall value of the Works and the Contractor must allow in his tender for all intermittent or abnormal workloads. The appropriate anticipated value of Works to be carried out under the Contract inserted 5.2 Contract Particulars (Item 6) to the Standard Form of Building Contract is for guidance only. The approximate anticipated apportionment of the Works is 60% building works, 15% mechanical engineering works and 25% electrical engineering works (includes ICT cabling works). The percentages are for guidance only and could vary. 4.4 Definitions of Reactive and Planned Maintenance Reactive Maintenance items are those which comprise day to day emergency repairs together with short term items to rectify immediate problems, e.g. patch repairs to roof. At the discretion of the Contract Administrator larger value Reactive Maintenance Works may be let outside of the scheduled rates aspect of the Term Contract as a separately tendered or separately negotiated project. Planned Maintenance items are those which are pre-planned and are normally the subject to individual separate contracts. However, from time to time the term Contract is used for Planned Maintenance Works and these would be for work for which the Contractor will be given as much advance notice possible in the prevailing circumstances. These items shall tend to be of a larger nature than Reactive Maintenance and could deal with the root cause of reactive items, for example completely replacing defective flat roof covering. Items for minor building Works and alteration or improvements are also included under this heading. The Contractor s attention is drawn to Contract Clause 2.5 in respect of the above. 5.0 THE CONTRACT 5.1 Conditions of Contract 13

15 This Form of Contract will be the JCT Standard Form of Measured Term Contract 2006: Revision The successful tenderer shall enter into the Contract with the Employer executed as a Deed. 5.2 Articles and Contract Particulars to the Conditions of Contract Appendix Item Insertion Article 3 Contract Administrator Bracknell Forest Borough Council Article 4 CDM Coordinator Bracknell Forest Borough Council Article 5 Principal Contractor The Contractor 1.1 List of Sites in the Contract Area As Appendix A 1.2 Description of types of work As paragraph 3.1 and 3.4 of Preliminaries 2 Supplemental Provisions Collaborative working Health & safety Cost savings and value improvements Sustainable development and environmental considerations Paragraph 1 - Applies Paragraph 2 - Applies Paragraph 3 - Applies Paragraph 4 Applies Performance indicators and monitoring Notification and negotiation of disputes Employer s nominee Contractor s nominee Paragraph 5 - Applies Paragraph 6 - Applies Head of Building Surveyors Contractor to insert named person (Must be senior manager) 3 Contract Period years The option to extend each 1 year period will be at the Employer s discretion. 4 Arbitration Article 7 and clauses 9.3 to 9.8 (Arbitration) apply 5 Orders 14

16 - minimum value (Thirty pounds) - maximum value for reactive maintenance works (Five thousand pounds) Insert additional items 5.1 Maximum valve of any one Order 100,000 (One hundred thousand for Planned Maintenance Works pounds) 5.2 Reactive and Planned Orders above 5,000 in value for Maintenance Reactive Maintenance Works and below 100,000 in value for Planned Maintenance Works may be placed under this Contract subject to agreement of method of payment. Alternatively the Contractor may be invited to tender where applicable at the Contract Administrator s discretion. 6 Approximate anticipated value of 500,000 (five hundred thousand work to be carried out under the pounds). contract This figure relates to Reactive Maintenance Works and for guidance only. (See clause 2.5). 7 Orders - priority coding Priority A: 2 hour maximum response on emergency or health & safety (life threatening) situations 20% of Orders Priority B: 4 hour maximum response for urgent but non emergency Works 60% of Orders Priority C: 4 days for all other Works - 20% of Orders Note: the percentage shown above indicate the likely amount of Orders issued under each priority category and is for guidance purposes only. The Employer accepts no responsibility as to the actual numbers of Orders issued within each property category and no changes to the schedule of hourly rates or overheads and profit percentages shall be considered if the orders issued are at variance to the percentage stated. 8 The Employer at the Is a contractor for the purposes of commencement of the Contract CIS period 9 Progress payments 5,000 (Five thousand pounds) 10 Responsibility for measurement The Contractor shall measure and and valuation value all Orders 15

17 11 Schedule of Rates 11.1 The Schedule of Rates is The schedule of hourly charges and material cost overheads and profit percentages as per Item 12 of Contract Particulars 11.3 Rates - Fluctuations 12 Daywork Clause does not apply Please refer to Pricing Schedule Valuation - daywork (clause 5.4) Schedule of Hourly Charges: Building Labour (skilled) Building Labour (unskilled) Mechanical and Heating Labour (all grades) Normal Working Hours (../hr* * (./hr** (./hr** Outside Normal Working Hours (when instructed)./hr**)./hr**)./hr**) Plumbing labour (all grades) (./hr**./hr**) Electrical Labour (all grades) (./hr**./hr**) Electrical labour for ICT cabling (all grades) (./hr**./hr**) (** Contractor to insert hourly rates) The daywork rates stated above will not be varied for the duration of the Contract (see 11.3 above) 12.1 Valuation - percentage additions Overheads and profit on Materials ( %) Overheads and profit on Plant, Services and Consumable stores ( %) Overheads and Profit on Sub- Contractors 16

18 ( %) 12.2 Revision of schedule of Hourly Charges clause does not apply 13 Overtime work Included in the Schedule of hourly Clause 5.7 Charges 14 Insurance 14.1 Insurance cover for any one 10,000,000 Employers & Public occurrence or series of (Ten Million Pounds) occurrences arising out of one event ( ) 14.2 Percentage to cover professional 16% fees 14.3 Annual renewal date of insurance Copies of Insurance certificates to as supplied by contractor be included within response 15 Break Provisions Employer or Contractor (Clause 7.1) 13 Weeks 16 Settlement of Disputes Adjudication (clause 9.2) Arbitration (clause 9.3) The appointer shall be the President or Vice President or Chairman or a Vice Chairman of the Royal Institution of Chartered Surveyors The appointer shall be the President or a Vice President of The Royal Institution of Chartered Surveyors Note: The hourly rates as listed in the Contract Particulars Item 12 for the cost of labour Outside Normal Working Hours and for the maximum of 2 hours Priority A (emergency or health & safety (life threatening) situations) or maximum 4 hours Priority B (urgent but non-emergency work) shall include all call-out charges and cost incurred in calling away operatives working on other sites 5.3 Schedule of Amendments to the JCT Measured Term Contract 2006 Edition Revision Section 1 Definitions and Interpretation Definitions Clause 1.1 Contract Documents add the Appendices A to I annexed hereto and the Tender document Tendering Requirements" and "Employer Requirements". 17

19 Head of Establishments means the head or director of any of the Sites listed in Appendix A. Order, Delete from the wording the written description. to. any variation thereto and substitute the following: Order means the verbal instruction or the written description, which may include drawings, of an item or items of work and/or the supply of labour and/or materials and/or plant to be carried out under the Contract including any variation thereto. Such Orders may be issued by the Contract Administrator, Heads of Establishments or their authorised representatives. All verbal instructions are recorded in writing prior to commencement of the Works in the record or order books located at individual Sites by the authorised representatives. It shall be the responsibility of the Employer to ensure that this is completed prior to commencement of Works by the Contractor. Site, Delete from the wording the building(s). to. an Order relates and substitute the following: The Site means the property within the Contract area to which an Order relates. Works means all work, documentation, goods, services including the supply of labour, materials and plant which the Contractor shall be required to supply to the Employer. The Employer shall demand this from the Contractor using an Order, as described above Section 2 Carrying out Work Contractors Obligations Clause 2.1 Add if there is a conflict between the Contract Conditions and the Employers Requirements then the Contract Conditions shall prevail. Materials, goods and workmanship Clause Amend Clause by deleting all wording and adding the words All materials supplied by the Contractor shall be of satisfactory quality and suitable for their purposes. Additional Clause (a) Without prejudice to Clauses 2.11 and 4.4 The Contractor shall, at his own cost, replace, rectify or reconstruct any of the Works which are not to the reasonable satisfaction of the Contract Administrator, and all rejected materials shall be removed from site. Additional Clause (b) The Contractor shall permit the Contract Administrator at any time to execute or employ other persons to execute other works on site, whether or not in connection with the Works. The Contractor shall give reasonable facilities for these works. Other contractors may be working at the same Sites and in such cases the Contractor may be required to work in close co-operation with them or attend on time. Additional Clause (c) 18

20 The Contractor shall comply in all respects with the provisions of the Data Protection Act 1984 and shall indemnify the Employer against all actions, costs, expenses, claims, proceedings and demands which may be made or brought against the Employer for breach of statutory duty under the Act which arise from the use, disclosure or transfer of personal data by the Contractor and his servants and agents. Additional Clause (d) The Contractor shall not unlawfully discriminate within the meaning and scope of the provisions of the Race Relations Act 1976 or any Statutory modification or re-enactment thereof relating to discrimination in employment. The Contractor shall take all reasonable steps to secure the observance of the provisions of this Clause by all servants, employees or agents of the Contractor and all sub-contractors employed in the execution of the Contract. Additional Clause (e) Bribery and Corruption/Gratuities BRIBERY AND CORRUPTION The Employer shall be entitled to terminate this Contract or any part thereof forthwith and to recover from the Contractor the amount of any loss resulting there from if:- (i) (ii) (iii) the Contractor shall have given or agreed to give any person (save pursuant to a contract of employment or contract for professional advisory services required in connection with the entering into of this Contract) any gift or consideration of any kind as an inducement or reward for doing or forbearing to do any action in relation to this Contract; or the like acts shall have been done by any person employed by it or acting on its behalf (with the knowledge of the Contractor); or the Contractor or any person employed by it or acting on its behalf shall with the knowledge of the Contractor:- (a) have committed any offence under the Prevention of Corruption Acts 1889 to 1916; or (b) (c) have given or received any fee or reward the receipt of which is an offence under section 117(2) of the Local Government Act 1972; or have received from any person any fee or reward designed to secure a benefit, preference or forbearance in relation to any contract to which the Employer is a party. The Contractor shall use its reasonable endeavours to prevent any of its employees or any person acting on its behalf from performing any of the acts referred to in this Clause. GRATUITIES The Contractor shall not, whether by itself or through any member of staff, solicit any gratuity or tip or other form of money - taking as reward, collection or charge for the performance by the Contractor of its obligations hereunder other than as provided for or contemplated by the terms of this Contract (in particular, the Financial Provisions). Size and duration of Orders Add the following wording to Clause

21 In the case of emergencies or urgent work, where written instructions cannot be given, instructions may be given verbally and a written confirmation Order issued on the next working day. Orders - Completion Add the following wording to Clause 2.6 At the end of the Clause add the wording: When the Order is for Planned Maintenance Works, the Contract Administrator shall certify the date of Practical Completion of the Works. Order Completion Date Clause Add the following words to the end of the Clause Provided that any failure on the part of the Contract Administrator to dissent shall not prejudice the right of the Contract Administrator to reject the Works and/or materials as not being satisfactory in the opinion of the Contracts Administrator and the Certificate of the Contract Administrator shall be without prejudice to any claim for latent defects. Defects Add the following to Clause 2.12 In the case of default, the Employer may itself proceed to make good such defects and all costs and expenses consequent thereon shall be borne by the Contractor and shall be recoverable from the Contractor, as a liquidated debt and such costs may be deducted from any sums due to the Contractor whether under this Contract or any other contract between the parties. Additional Clause 2.13 The Contract Administrator shall certify the date when in his opinion the Contractor s obligations under Clause 2.12 for planned maintenance works Orders have been discharged. Damages for non-completion Additional Clause If the Planned Maintenance Works are not completed by the agreed completion date shown on the Order or by any later completion date fixed under Clause hereof the Contractor shall pay or allow the Employer liquidated damages for planned maintenance works at 375 per week. 2. The rate of liquidated damages will apply between the aforesaid completion date and the date of practical completion. The Employer may deduct such liquidated damages from any monies due to the Contractor under this contract or it may recover them from the Contractor as a debt. 3. If the Reactive Maintenance Works are not completed by the agreed completion date for the Works the Contractor shall pay or allow the Employer liquidated damages for Reactive Maintenance Works at a sum which represents no more than the Employer s genuine estimate for loss that has resulted from the Works 20

22 not being completed within the agreed period for completion. Nominally, this shall be 50 per week per Order or part thereof which represents the Employer s or service users genuine loss. All formal communication regarding the Contractors performance shall be made on a Default notice Section 3 Control of Work Sub-Contracting Add the following to Clause 3.2 The Contractor shall not be permitted to sub-contract any Works without the previous consent in writing of the Contract Administrator. The Contractor shall not permit any sub-contractors to sub-contract any Works, without the previous consent in writing of the Contract Administrator, which consent shall only be given in exceptional circumstances. If written consent is given for sub-contracting (which shall be at the sole discretion of the Contract Administrator): The Contractor shall be responsible for ensuring that any sub-contractor is supplied with the contract conditions and all relevant documentation. The Contractor shall be responsible for ensuring that Works are carried out by the approved sub-contractor and that Works are not further delegated to other contractors. The Contractor shall be responsible for the Works of the sub-contractor and for co-ordination and shall indemnify the Employer in respect of any failure on the part of the sub-contractor. Access to the Site Clause delete the words and in accordance with the instructions by the Contract Administrator and substitute with the Contractor and. Clause delete the words Contract Administrator s or from line 3. Additional Clause The Contractor must report to the person in charge of the Site or their representative on arrival at a Site and agree a programme of work. The contactor must sign the site visitor s logbook and record the time of arrival on site and log the time of departure from site when the work is complete. Any special arrangements for access will be detailed on the Order for the carrying out of the work specified in the Order. Additional Clause The Contract Administrator or their representative shall have at all times access to the Site or other places off the Site where materials or equipment are being stored or prepared for the work described in an Order. Variations Additional Clause All antiquities or other objects of value or interest which may be found on the Site during the carrying out of the Works shall become the property of the Employer. Upon the 21

23 discovery of such an object the Contractor shall forthwith inform the Contract Administrator, who shall issue instructions in regard thereto. Additional Clause The Contract Administrator shall value on a fair and reasonable basis using where relevant prices in the Schedule of Rates any direct loss and/or expense incurred by the Contractor due to the regular progress of planning maintenance works Orders being affected by compliance with variations Section 4 Payment Progress Payments Clause Insert at the beginning of line 1 Only in respect of Planned Maintenance Works Orders. Clause Add the following words to line 1 after application under clause only in respect of Planned Maintenance Works Orders. and at line 3 after in the Contractor s application less a retention of 5%, 2.5% at Practical Completion Final Payments where contractor measures and values Orders Clause Change 56 days to read 28 days. Clause At the start of the clause insert the following words:- For a reactive maintenance Works Orders only Additional Clause 4.5.2A Within 28 days of receipt of the account submitted pursuant to Clause for a Planned Maintenance Works Order the Contract Administrator shall certify the value of the completed Order and the amount to be discharged by the Employer to the Contractor less a retention of 5% and 2½% at Practical Completion and less any amounts previously certified in respect thereof under Clause Additional Clause The Contract Administrator may at their discretion, undertake the measurement of Works in which case the Contractor shall be given the opportunity to attend and jointly take such measurements. Additional Clause The Contract Administrator shall, provide that they have issued the certificate under Clause 2.13 hereof, issue a final certificate certifying the release of the final 2.5% retention held on Planned Maintenance orders, remaining due to the Contractor, subject to adjustment in accordance with Clause 4.5 if necessary. 22

24 5.3.5 Section 5 Measurement and Valuation Valuations - measurement Additional Clause The Contract Administrator or the Employer s appointed audit staff shall require access to any financial data of the Contractor which they consider appropriate and the Contractor shall agree to provide such access as may reasonably be required by the Employer. Price Basis Amend Clause by deleting all wording and adding the words Contract prices shall remain fixed for the first 24 months of the contract. Thereafter they may be adjusted by agreement between the parties but subject to an over riding maximum adjustment representing the rise in the RPI, effective from the subsequent anniversary of the contract start date, provided: One Party submits a written request to the other Party at least 4 weeks prior to the anniversary date Full supporting information is provided justifying the proposed changes The changes reflect the cost of labour, materials and overheads only; the profit element shall remain fixed for the duration of the contract Overtime Work Insert additional Clause to read Where the Contractor wishes to work outside of normal working hours he must first obtain the permission of the Contract Administrator and the person in charge of the Site. In these circumstances no additional or enhanced payments will be made Section 6 Injury, damage and Insurance Contractor s insurance of his liability Clause Between the words the contractor shall and send add the following words and cause any sub-contractor to Section 8 Termination for Default, etc. Insolvency of Contractor Additional Clause Where the Employer has determined the employment of the Contractor under Clause 8.5 he shall have power to enter forthwith upon and take possession of the Works and all plant, machinery, tools and materials on the Site and employ other persons to complete the Works without prejudice to his rights to recover from the Contractor any damages for the default of the Contractor and the loss sustained by the Employer. 23

25 5.3.8 Settlement of Disputes Mediation Additional Clause In the event of any dispute or difference between the parties to this Contract arising in connection with this Contract, senior representatives of the parties shall, within 10 days of a written request from any party to the others addressed to the Employer s Solicitors and a Director of the other parties (the Managing Director) meet in a good faith effort to resolve the dispute without recourse to proceedings If the dispute or difference is not resolved as a result of such meeting, and provided that the amount in dispute is more than 2,000, any party may (at such meeting or within 14 days from its conclusion) propose to the others in writing that structured negotiations be entered into with the assistance of a neutral advisor (the Neutral Advisor ) If the parties are unable to agree on a Neutral Advisor or the Neutral Advisor agreed is unable or unwilling to act, either party may within fourteen days from the date of the proposal to appoint a Neutral Advisor or within fourteen days of notice to either party that he or she is unable or unwilling to act, apply to the Centre for Dispute Resolution ( CEDR ) to appoint a Neutral Advisor The parties shall within 14 days of the appointment of the Neutral Advisor meet with them in order to agree a programme for the exchange of any relevant information and the structure to be adopted for the negotiations. If considered appropriate, the parties may at any stage seek assistance from CEDR to provide guidance on a suitable procedure All negotiations connected with the dispute shall be conducted in confidence and without prejudice to the rights of the parties in any future proceedings If the parties accept the Neutral Advisor s recommendations or otherwise reach agreement on the resolution of the dispute, such agreement shall be reduced to writing and, once it is signed by their duly authorised representatives, shall be binding on the parties Failing agreement, any of the parties may invite the Neutral Advisor to provide a non-binding but informative opinion in writing. Such opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings commenced pursuant to the terms of this Contract without prior written consent of both parties If the parties fail to reach agreement in the structured negotiations within 60 days of the Neutral Advisor being appointed then any dispute or difference between them may be referred to Adjudication unless within a further period of 30 days the parties agree to refer the matter to arbitration before an arbitrator as section 9 of the Contract. 6.0 EMPLOYER S REQUIREMENTS 6.1 Management of the Works Base The Contractor shall, during normal working hours, base his management, staff and operations for this Contract to allow maintenance work to be adequately carried out 24

26 within the required response times, as given under Priority coding for orders, Clause 5.2 Contract Particulars (Item 7) Communications with the Workforce The Contractor shall, during normal working hours, maintain contact with his operatives, whether on Site or not, by telephone facilities, mobile telephone, short wave radio or other adequate means of communication, so that Orders for emergency Works can be met within the response time for the Priority Coding as defined in 5.2 Contract Particulars (Item 7) Person in Charge During the carrying out of the Works the Contractor is to keep on the Works a competent person in charge who shall be empowered to receive and act upon any instructions given by the Contract Administrator or its representative Site Personnel The Contractor shall wherever practical maintain the continuity of Site personnel and operatives to carry out and complete Orders (i.e. where possible the same personnel will start and complete Orders, the same personnel will deal with Orders at particular establishments) Out of Hours Call Out Service The Contractor must provide and maintain an out of hour s emergency service to avoid danger to the health and safety of building users and the public, or services damage to buildings and other structures. The service must be provided 24 hours each day including weekends and during all holiday periods. One static landline telephone number must be provided for this purpose. Mobile phones/diversion to mobile phones etc will not be acceptable. In addition, the names, addresses and telephone numbers of at least 3 suitable, competent persons who may be contacted outside of working hours shall be provided by the Contractors. The telephone must be manned and must not be an answering machine Review Meetings The Contractor will be required to attend review meetings with the Employer s representatives at: Weekly - Reactive maintenance Contract Administrator and Contractor s operational person in charge Monthly Principal Building Surveyor and Contractor s Regional Manager At these meetings between the Term Maintenance Contract Manager and the Council s Representative the contractor s performance is monitored and minutes of the meetings are taken. The meetings look at the following:- Minutes of previous meeting Progress on Action points raised at previous meeting 25

27 Complaints Engineering items QS items from either the Complaints book held on the Help Desk or problems/complaints of which Council personnel are aware. anything that is specific to engineering works as opposed to building works these cover details on the number of Site checks based on the previous month s submission carried out and details of those Site checks, the number of job tickets returned to the Contractor for re-submission, and details on the reasons for returns. details of the overall numbers of Orders not invoiced and the numbers of job tickets submitted but returned for amendments that are outstanding for re-submission. actual performance compared with the completion date stated on the Order. Approvals for reactive to note any over 4 hours special authorisations that are works over 4 hours outstanding. Any other business includes items of a technical nature, specific areas of concern, any comments/items raised by the Contractor. The Employer shall maintain a complaint register covering all of its work; complaints related to Contractors are abstracted and discussed specifically at these regular meetings Site Meetings The Contractor may be required to attend site meetings for Planned Maintenance Works Orders Abortive Visit The Contractor shall be able to charge the minimum order value for any visit to site to carry out Works which prove to be abortive for the following reasons: a) Further to the Contractor agreeing with the establishment, a date, time and access requirements to carry out the Works, the Contractor is denied access to carry out the Works. b) The description contained on the Order describing the Works is significantly misleading or is vastly different in scope, always provided that the Works required could have reasonably been foreseen at the time of raising the order Raising Orders The Employer's Customer Services section operates a telephone helpline from 8.00 hrs to hrs Mondays to Thursdays and 8.00 hrs to hrs on Fridays. Orders for the majority of Reactive Maintenance items will be dealt with in a number of ways depending on which of the following ordering options the individual establishment has chosen: 26

28 1. Direct from the Council for items of Reactive Maintenance which are not the responsibility of the individual establishment. (See Appendix D for maintenance work flowchart) 2. Direct from the Council for Planned Maintenance items and minor building works. 3. Direct from individual establishments or self-funded items and from schools for LMS maintenance items (for which the individual school is solely responsible). Procedure for Ordering A computer call logging system is in use by the Employer. This enables the Customer Services Helpdesk staff to automatically call up the property and input the details of the fault and location directly onto the computer. The data is then printed out in the form of an order to the Contractor with input from technical staff as required. Orders are raised by Site using a book of numbered duplicated pages called an A book. When ordering repair work the Site representative writes brief details on a page in the A book. When the repair work has been completed by the Contractor, the Contractor s operative must collect the relevant A book page, signed by the Site representative. This page must accompany the work invoice submitted by the Contractor. If necessary a Surveyor/Engineer will visit the Site to discuss/investigate the request and:- a. Establish work required. b. Agree priority. c. Agree timescales. d. Write Order and fax or telephone order to the Contractor. Alternatively the Order can be sent by . (See Facility, below). e. Monitor and supervise as necessary. Procedure for Establishment Ordering: The Establishment Officer upon the discovery of a Reactive Works requirement completes the appropriate order form and faxes/telephones the Contractor. The Contractor must be aware, and must make due allowance for the fact, that most Orders given to the Contractor will be by way of a general indication of a Reactive Maintenance, or similar, problem that has occurred and will not be a detailed description of the fault. Therefore, the Contractor will generally only be able to assess the nature and extent of the Works when a first visit is made to the site. It must therefore allow for various visits to the site: To assess the nature and extent of the Works To see what materials are required To leave the Site to get materials To diagnose the fault Payment Payment for each works order will be based on hourly rates plus materials and will be on an open book basis. When the contractor s operative arrives on site they must report to the responsible person on site (Receptionist, Site Manager, etc) and sign the visitor s logbook and record the time they arrived on site. When the work is complete the contractor s operative must also record the time they leave in the visitor s logbook. In addition the contractor s operative must record the time of arrival and when they leave site onto their worksheet and the A order (where applicable) and get the Responsible 27

29 Person to sign and date the A Order and worksheet. No payment will be made without the site s Responsible Person s signature. The contactor has initial authority to spend up to a maximum of 4 hours on a task and the contractor is paid for the time they are on site. There will be no payment for travel to the site or any time off site. If the task is likely to exceed the maximum 4 hours allowed, the contractor must contact the Contract Administrator or the Principal Building Surveyor and provide an estimate of the time the work is likely to take and obtain approval before continuing with the work. If the work is of a substantial nature Bracknell Council has the right to obtain competitive quotes from other contractors, which will include the term contractor Invoices and Worksheets The Contractor should note the following procedures for producing and submitting the invoices and back up worksheets:- On a monthly basis the contactor must submit electronically to the Contract Administrator a spreadsheet listing all completed works for payment. The spreadsheet should include the property address, property code, description of the work, cost centre, works order number, A order number (where applicable), the hours being claimed and the cost of the materials. The spreadsheet must be accompanied by one total invoice for all works listed on the spreadsheet, and in hard copy, the relevant A book pages from site where applicable (See ), a signed copy of the operative s work sheet detailing date, time and hours the operative was on site, copies of suppliers invoices for materials. Payment can only be made for invoices accompanied by the relevant 'A book page (where applicable) and worksheet collected from site by the Contractor s operative and signed off by the site representative. The total amount identified on the invoice will initially be paid if all signed A orders (where applicable) and work sheets are attached to the spreadsheet list. If after checking each order there is a discrepancy with the cost of the work the Contract Administrator will return job details to the contractor for investigation. If it is found that there is a discrepancy in the costs claimed the contactor will submit a claim for the new cost amount and attach a credit note for the amount paid in a subsequent monthly request for payment. The signature on the A order and work sheet will be for record purposes only and will not be a statement that work has been completed correctly. If the Contractor does not obtain a signed A book page and work sheet on Site due to the non availability of an authorised signatory the Contractor shall obtain from the establishment a completed completion slip within 7 days of the Works being completed. If the Contractor does not obtain a signed A book page on site due to the non availability of a record book the Contractor is to obtain from the establishment a signed record in an appropriate format indicating that the establishment is satisfied that the Works have been undertaken. For multi-disciplinary Orders the Contractor must ensure that all making good is carried out and that the last operative to leave the Site collects the signed A book page (where applicable) and have the work sheet signed, The above signatures shall indicate that the Works have been completed to the reasonable satisfaction of the establishment. 28

30 Payment shall be made in accordance with the Conditions of Contract (as amended). The items in the worksheet shall correspond to the Works itemised on the order. No payment can be made for additional works without the written authorisation of the Contract Administrator or the Principal Building Surveyor. If a worksheet is incorrect, for whatever reason, the Contractor shall be responsible for submitting a revised worksheet and credit note before payment can be made. The Contractor shall also be liable for the cost of submitting a revised invoice. If the worksheet submitted is for the minimum value, fault finding or abortive visit, i.e. 30, this should be clearly stated on the worksheet. The Contractor s attention is drawn to the checking of the works carried out. Quantity and quality checks both on and off Site, together with audits will be carried out on a random sample of Reactive Maintenance Works (20%), and 100% for all Planned Maintenance Works. If an error is found, and it is agreed that this is to be corrected, the Contractor shall be charged for the costs of correcting the error (associated investigations) and administrative costs. If the establishment decides to order and pay for work directly this Employer s Requirements Document shall not form part of any contractual arrangement between the Contractor and the establishment. The following table indicates where invoices and worksheets should be sent:- Order Invoice Issued by the Help Desk or send to Council for payment Contract Administrator Issued by individual Site send to individual Site for self funded and LMS maintenance for payment items The Contractor will only be paid for work actually carried out and not necessary for the Works detailed on the Order. The Employer s checking procedure for worksheets is as follows:- All worksheets are logged and checked for valid Order A reasonable, quantity, quality and Site check is made. No worksheets shall be paid unless supported by a satisfaction slip signed by the establishment i.e. A back page and work sheet. All rejected priced worksheets are returned with comments to the Contractor for reconsideration/resubmission. All resubmitted worksheets are subject to detailed rechecking. Meetings are held weekly with the Contract Administrator and works supervisor and monthly with the principal Building Surveyor and the contract Account Manager. Invoices are passed to the Employer s Accounts staff for processing and payment. If at any time the checking process indicates unacceptable levels of errors, discrepancies etc., more detailed checks are carried out to as many worksheets as 29

31 Fax Facility necessary to ensure the client is being invoiced correctly and obtaining Value for Money. The Contractor shall be required to provide a fax facility within his office for the purpose of this Contract Facility The Contractor shall be required to provide an link. 6.2 Quality Standards Control Setting Out The Contractor shall take the dimensions from existing premises and check with dimensions given on the drawings. Allow for setting out the Works and providing all instruments and attendance required for checking by the Contract Administrator Materials, Labour and Plant Provide all materials, labour and plant and all carriage, freightage, implements, tools and whatever else may be required for the proper and efficient execution and completion of the Works. All materials are to be new unless otherwise specified Off-Loading and Man-Handling The Contractor shall allow for all off-loading and man-handling into position including placing into and removing from temporary site storage prior to final positioning, all general materials, plant and items of equipment Samples and Standards of Materials The Contractor shall allow for obtaining samples of materials as required by the Contract Administrator. Such samples to be approved by the Contract Administrator before use or application in the Works. All materials subsequently used in the Works are to be of equal quality in all respects to the approved sample. Goods and materials used in the execution of the Works shall, so far as it is practical have been produced in the European Community Manufacturers Recommendations Means the manufacturer s recommendations or instructions, printed or in writing current at the date of incorporation into the works Compliance with Regulations The Contractor shall ensure that the Works and components thereof comply with all health and safety regulations/requirements and current edition of the following:- Building Regulations British Standard Specification British Standard Codes of Practice The Factories Act The Health and Safety at Work etc., Act The Gas Act and Regulations Electricity at Work Act 30

32 The Regulations for Mechanical Installations issued by the Heating, Ventilation and Air Conditioning Association and CIBSE. The Regulations for Electrical Installations by the Institution of Electrical Engineers The Electrical Supply Regulations The Rules and Regulations of the Local Electricity, Gas and Water Authorities The requirements of the Local Fire Authorities Portable Appliance Regulations Regulations relating to the control of Legionnaires Disease The requirements of the Construction (Design and Management) Regulations Proprietary Names The phase or equivalent is to be deemed included whenever products are specified by proprietary name Finance (No 2) Act 1975 The attention of the Contractor is drawn to Sections 68 and 71 and Schedules 12 and 13 of the Finance (No 2) Act The provisions of these Sections and Schedules are explained in the Board of Inland Revenue pamphlet IR14/15 (1982). The Contractor is also reminded that it is his duty and responsibility to satisfy himself that all Sub-Contractors hold an appropriate Sub-Contractor s Certificate from the Inland Revenue Dimensions Dimensions stated or figured dimensions on the drawings are to be adhered to in preference to scaled dimensions. Any discrepancies between the drawings are to be brought to the notice of the Contract Administrator for clarification and instruction. 6.3 Security/Safety/Protection Security Precautions The Contractor shall allow for any security precautions that may become necessary in relation to the adjoining properties during the course of the Works and is to allow for adequate measures to prevent access from scaffolding or similar means Safeguarding the Works, Materials and Plant against Damage and Theft The Contractor shall provide all necessary watching and lighting and care of the whole Works from weather or other damage. All materials on Site shall be protected from damage or loss. The Contractor shall be liable for any loss or damage resulting from failure to do so Trespass and Nuisance All reasonable means shall be used to avoid inconveniencing adjoining owners and occupiers. No workmen employed on the Works shall be allowed to trespass upon adjoining properties. If the execution of the Works requires that workmen must enter upon adjoining property, the necessary permission shall be first obtained by the Contractor. The Contractor shall not obstruct any public way or otherwise permit to be done anything which may amount to a nuisance or annoyance, and shall not interfere with any right of way or lighting to adjoining property. 31

33 6.3.4 Traffic and Police Regulations All traffic and police regulations particularly relating to unloading and loading of vehicles must be complied with and all permits properly obtained in due time for the works Control of Noise Ensure that all measurements are taken to control noise levels in accordance with the Control of Pollution Act 1974, the Control of Noise (code of Practice for Construction Sites) Order 1975 and BS Safety, Health and Welfare Allow for complying with all Safety, Health and Welfare Regulations appertaining to all workpeople on site including those employed by sub-contractors and professional advisers. The Contractor shall provide adequate storage for all hazardous materials and the setting aside of work space for hazardous tasks. When hazardous tasks are being carried out, the Contractor shall provide all necessary protective clothing, equipment, barriers, notices etc., and shall ensure that all persons not involved are kept well clear. Where Works are carried out in or adjacent to occupied premises, the Contractor shall agree a safe method of working with the Contract Administrator before commencing work. The Contractor shall be responsible for ascertaining whether execution of any Order for Works will or is likely to involve any interference with asbestos, lead, live electricity conductors or cables, gas piping or storage containers, pipes conveying water or steam or any other hazardous substances or installation. In the event of the Contractor ascertaining the execution of an Order which will or may involve interference with any hazardous substance or installation then the Contractor shall forthwith notify the same to the Contract Administrator and in so doing shall notify him in writing of any precautions proposed to be taken in consequence of the hazard which may affect the use of the premises or the comfort of the freedom of movement of any person likely to be in or near the premises during execution of the Order. The Contractor shall likewise notify in writing the occupants of the Site or the person in charge of the occupants or users of the premises on which Works are in progress or about to be carried out, all restrictions guidance or other precautions which are desirable or necessary for the safety of all persons occupying or using the premises in consequence of the Works. The Contractor shall provide all barriers and warning notices required for that purpose and shall make effective arrangements for the occupant or person in charge to consult and communicate with the Contractor throughout the duration of the Works, on the effects and nature of such precautions. The Contractor shall exercise care when entering and leaving the Site, and shall take all adequate precautions to safeguard the occupants and general public from injury by reasons of his use of the Site. No asbestos, asbestos based products or lead based paints are to be brought on site or used in, or in connection with the works Asbestos Samples Where asbestos is discovered or suspected, the Contractor shall notify the Contract Administrator immediately and when directed arrange any necessary sampling and analysis by a recognised firm, before undertaking any work affecting the suspect 32

34 material, and shall be responsible for giving any necessary prior notice to the office of the enforcing authority under Regulation 9 of the Control of Asbestos Regulations Working with Asbestos When carrying out work of any kind on asbestos based materials particular attention is drawn to the Health and Safety Executive s requirement that a competent licensed specialist sub contractor is to be used. This requirement will be strictly enforced and under no circumstances will unqualified operatives be allowed to execute this type of work. In addition to its obligations under the Health and Safety at Work etc., 1974 Act the Contractor must comply in all respects with the Control of Asbestos Regulations 2006, the Approved Codes of Practice Work with Asbestos Insulation, Asbestos Coating and Asbestos Insulating Board and Control of Asbestos at Work and any other relevant legislation. The Contractor shall comply with the Control of Asbestos Regulations 2006 and cooperate with duty holders. Each site has an Asbestos Risk Management Plan containing a site specific asbestos register. The asbestos register has been complied using guidance provided by the H&S Executive publication MDHS 100, for a Type 2: Location and assessment and sampling survey. The Contractors operatives must consult the Asbestos Risk Management Plan at each Site before carrying out any Works, and comply with the requirements of the plan. Upon removal of any asbestos materials, a clearance certificate must be obtained from a recognised Analyst Employer Safety Policies Without prejudice to the Contractor s general obligations to ensure compliance with all statutory requirements relating to health and safety, the Contractor shall in particular observe and comply with: a. Any specific condition, warning or direction given by Contract Administrator on any matter relating to health and safety. b. The relevant provisions of any Employer s Safety Policy applicable to operations of the type in question when undertaken by the Employer s employees, being a Safety Policy of which a copy has been given to the Contractor at or before the start of the work. c. Any method statement agreed with the Contractor before the work begins identifying the safety precautions to be taken Employer s Environmental Policies The Employer has adopted policies in relation to materials and chemicals in building to reduce pollution and minimise use of natural resources. The Contractor shall take positive steps to implement the following: a. To ban the use of remedial timber treatment fluids in buildings such as Iindane, pentachlophenal and tributyl tin oxide, which are toxic to a range or organisms, including bats. Use only substances based on permethrin or chemicals listed by English Nature as harmless to wildlife. b. To avoid the use of all UK red list and EC black list pesticides and others which have not been evaluated by modern methods. 33

35 c. To cease the use of aerosols containing CFC s and trichlorethane. Where potentially damaging materials are present in buildings and present a threat to health, institute a programme either for removal or for containment (for example by overcladding asbestos finishes or sealing them with special paint). Potential hazards may include formaldehyde-glued chipboard, lead (when present in internal paintwork or used for water supply), urea formaldehyde foam and materials (including asbestos) containing irritant mineral fibres. Where hazards remain in a building they should be clearly labelled. Substitute melamine-glued chipboard for formaldehyde based; if using mineral fibre insulation in an accessible attic, use it in paper-encased form. Minimise the use of PVC based building products because of pollution associated with production and disposal Cancellation on Default In the event of default by the Contractor in the proper observance of any necessary health and safety requirements, cancellation of the written order by the Contract Administrator shall not result in the Employer being obliged to reimburse either any costs incurred by the Contractor or the value of any abortive work except to such extent (if any) as those costs or that abortive work were incurred or performed without contravention of the health and safety requirement in question Maintenance of Public and Access Roads The Contractor shall make good any damage to public and access roads, kerbs and footpaths, lawns etc., occasioned by heavy traffic, delivery of materials and building operations generally to the reasonable satisfaction of the Contract Administrator and the local authority Existing Mains and Services The Contractor shall maintain during the progress of the Works, the existing drainage system, water, gas, sewers, electric and other services and is to make arrangements for their continuance and take all necessary steps to protect and prevent damage to them. Should any mains, service ducts or lines be found in the way of new works, or require any attention, the Contractor shall seek instructions from the Contract Administrator. Where it is necessary to interrupt any mains or services for the purpose of making either temporary or permanent connections or disconnections, prior written permission shall be obtained from the Contract Administrator and where appropriate from the local authority or public undertaking and the duration of any interruption kept to a minimum Waste Disposal The Contractor shall comply with the Environmental Protection Act 1990 and exercise the duty of care required under Section 34. In addition the Contractor shall comply, as appropriate, with the Control of Pollution (Amendments) Act 1989 and the Controlled Waste (Regulations of Carriers and Seizure of Vehicles) Regulations Protection, Drying and Cleaning The Contractor shall include within his tender to: Protect all work and materials on site including that of sub contractors during frosty or inclement weather. Protect all parts of existing buildings which are to remain and make good any damage caused. 34

36 Protect the adjoining properties by screens, hoardings or any other means to prevent damage or nuisance caused by the Works. Dry out the Works as necessary to facilities the progress and satisfactory completion of the Works. Protect and preserve all trees and shrubs except those to be removed. Treat or replace any trees or shrubs damaged or removed without approval. Clean the Works thoroughly removing all splashes, deposits, rubbish and surplus materials. Protect perishable materials by storing under dry cover. Provide sufficient protection where food is prepared to prevent penetration of building materials, dust etc. The affected areas shall be cleaned down sufficiently to allow food preparation to commence without the need for the kitchen staff to carry out further cleaning Damage In the case where a deep clean is required in kitchens a pre-determined price must be agreed with the Contract Administrator. The Contractor shall exercise great care at all times to prevent damage to the building structure, fittings and fixtures, furniture, equipment, finishes or the like and shall make good any damage caused by him at its own expense. In this connection all carpets, desks and other furniture or equipment including telephones in the vicinity of the work shall be covered by the Contractor with protective dust sheets or the like prior to any work commencing. Where it is necessary to use any naked flame or welding equipment in execution of the Works and where combustible materials are in use, adequate protection shall be given to the other adjacent materials and personnel. Suitable fire extinguishers shall be provided and readily available at the position where such work is proceeding. The Contractor shall maintain the designed escape routes and exit doors within any building clear of any materials and plant at all times. The Contractor shall consult the person in charge of the premises in respect of precautions which should be taken for the safety of other occupants prior to commencement and whilst work is in progress. 6.4 Specific Limitations on method/sequence/timing Site Visits before tendering The Contractor shall visit as many Sites as necessary to enable an adequate inspection to be made for the compilation of an accurate tender. The Contractor must visit sufficient sites to ascertain:- 1. Local conditions. 2. Means of access to the Site(s). 3. The confines of the Site(s). 4. Restrictions in respect of loading and unloading vehicles. 5. Factors affecting the order of execution of the work and the time required for the execution of the Works. 6. The supply of and general condition affecting labour, materials and plant required for the execution of the work Orders conveyed to Contractor in non-specific terms The Contractor must make due allowance in his tender for the fact that the majority of Orders will be conveyed to him in non-specific terms and are unlikely to give a complete picture of the work that needs to be done. Therefore initial Site visits may well be needed. 35

37 6.4.3 Site visits to ascertain the scope of work The Contractor shall allow in his tender for any initial site visits to ascertain the scope of work required and all diagnostic time in finding faults. No additional charges will be allowed for these activities unless specifically requested within the order Delivery of Materials The Contractor must ensure that all materials are delivered to site at the time required to avoid any possible delay in the completion of the works Working Space Take reasonable precautions to prevent workmen, including those employed by sub contractors, from trespassing on adjoining owner s property and any part of the premises which are not affected by the works. The Contractor shall confide his operations to the minimum area required for the execution of the works Working Hours Working hours are limited to the normal working hours which are from 8.00 am to 5.00 pm Monday to Friday excluding public holidays. Overtime shall not be worked by operatives on the site without the prior express permission in writing from the Contract Administrator, except in the case of emergencies (see earlier clause) when permission will be deemed to have been granted Occupied Premises Where Works are done in occupied premises the Contractor shall take all reasonable care to avoid damaging the property or contents and shall make good all damage which arises from the Works. Under no circumstances, will the Contractor be permitted to use ladders, steps, equipment, furniture or any other articles belonging to the premises or its occupants in the execution of the Works. Where Works are carried out in or adjacent to occupied premises the Contractor shall ensure that materials, plant and equipment etc., are not left in locations which may endanger or expose to risk the premises, its contents or occupants. The Contractor shall not leave steps, ladders or other plant accessible for unauthorised persons to enter the site, the premises or any adjoining property. Where Works are carried out in or adjacent to occupied premises, the Contractor shall take all necessary precautions to minimise inconvenience to occupants in respect of noise, dust, fumes or other forms of disturbance including the provision of adequate barriers or screens Contractor to report to the person in charge of the premises Where Works are to be carried out in or adjacent to occupied premises, the Contractor shall report to the person in charge of the premises before starting work. The person in charge will advise on the daily routine of the premises and any special requirements or features which may impede or interfere with the execution of the Works. The Contractor shall obey the instructions of the person in charge of the premises in respect of vehicular movements, delivery of materials, access and escape routes, health and safety and response to fire or other emergency alarms. 36

38 Where the Contractor has carried out a repair etc., albeit of a temporary nature, a notification is to be given to the person in charge of the premises, in written note format, stating that the matter has been attended to, and, if necessary, that a permanent repair will be needed. When visiting Site when the establishment is not manned the Contractor shall leave a record at the premises of the Works that have been done and/or action that is required to complete the Order Programme of Works The Contractor shall prepare and submit for the approval of the Contract Administrator, a programme covering all aspects of the Works, when requested Use of the Site The Site is not to be used for any purpose other than the execution of the Contract. All rights of advertising on site are strictly reserved by the Employer Reinstate Site Confine to as small an area as practicable any operations which may affect the surface of the Site and reinstate the Site after the Works are completed. The Contractor shall not be permitted to mix concrete, mortar etc., on hard paved areas without taking adequate precautions to prevent staining. The Contractor shall be held responsible for any damage to roads, paved areas, grassed areas, fencing and property, which may be used by the execution of the Works, or by trespass and will be required to make good any damage caused at his own expense and to the satisfaction of the Contract Administrator. On completion of the Works, the Contractor shall clear away any temporary road, tracks, hardstandings, temporary buildings, temporary spoil heaps, skips, rubbish etc., and shall reinstate to its original condition all areas used for the same. The Contractor shall make good and reinstate in working order any existing security system switched off, damaged or otherwise rendered inoperable by the Works Approval to Siting Obtain the approval of the Contract Administrator to the siting of permanent soil disposal and notify him of the proposed siting of materials, of temporary spoil and rubbish deposits and of temporary buildings and the like Materials obtained from Site Sand, gravel, vegetable soil, turf and other materials including those arising from demolition or alteration works obtained from the Site shall remain the property of the Employer until removed from the Site in accordance with the Contract. Excavations shall not be made or enlarged for the purpose of obtaining such materials Overtime, Nightwork and Incentives All costs of overtime or night work at the discretion of the Contractor must be borne by the Contractor and no claims for additional payment in this respect will be allowed by the Employer. 37

39 Dayworks No work will be allowed as daywork unless previously authorised by the Contract Administrator and confirmed in writing. All vouchers specifying the time daily spent upon the work, the workmen s names and the materials and plant used, properly priced and extended, shall be signed by the Contract Administrator. Where daywork is authorised, the Contract Administrator shall be notified by fax at the time that Works commence and similarly on its completion, and the items of plant and workpeople concerned are to be solely engaged thereon and not employed upon any other work during progress of the daywork Building Operations in Winter The Contractor must be conversant with the measures and operations described in the booklet Building in Winter published by the BRE. The document details how to keep interruptions to a minimum during winter weather, how to protect materials and when it is vital to stop work. The operations and measures described in the booklet shall be taken wherever practicable and having regard to nature, cope and programme of the Works Glazing Work Generally is included in this Contract and may be required in conjunction with other work. Where glazing is specified it is to be carried out in accordance with the Employer s specification for glazing which is attached to Appendix B and forms part of the Contract. Particular attention is drawn to the requirements for safety and fire resisting glazing. The Contract Administrator is to be notified by the Contractor in writing of any glazing work (including the addition of safety film) with exact location and position to ensure that the safety glazing database on site and the database held at the Councils Offices are completely up-to-date. The Contractor is to note that re-glazing work in pursuance of broken glass etc., may at their discretion be ordered by the Contract Administrator/the establishment directly from a local glazing contractor. Boarding up will only be acceptable where non-standard glazing sizes are needed and will only be acceptable with the prior approval of the Contract Administrator Term Times A list of school term holiday periods will be provided for information Alcohol No alcohol is to be brought onto the site Radio Receivers The use of radio receivers, cassette players and other audio equipment will not be permitted in or adjacent to occupied premises Tobacco The Contractor shall not allow his workpeople to smoke tobacco in occupied premises. 38

40 Burning The burning of surplus materials, rubbish etc., on the site is strictly forbidden Pollution The Contractor shall take all reasonable precautions to prevent any pollution being caused by the execution of the works Site Procedures The Contractor is to adhere to the following procedures when working on Site. Every employee of the Contractor, or any sub contractor, who attends to a Site should be appropriately dressed in overalls and boiler suit in the Contractor s colours with the name and/or logo of the Contractor clearly displayed. All the Contractor employees must be clean and respectable in appearance and have the appropriate appearance and behaviour for working at a varied number of Sites: especially for those Sites where school children, mentally and physically handicapped persons, or members of the public may be in attendance. All personnel attending any Site must carry an identity pass, stating the name and address of the company, the name of the employee and a passport size photograph of that employee. This identify pass must be produced when initially reporting to the Head of Establishment, whether it is requested or not. Subsequently the identity pass must be produced when requested by any member of the establishment. On arrival at the Site, the Contractor s vehicle must be safely parked in an appropriately marked parking space. The vehicle should be locked and the keys retained by the Contractor s employee. Nether the establishment nor the Council can accept liability for any damage or theft from vehicles parked at, or within the vicinity of, any establishment. If it is discovered, on viewing the repair, that additional tools, equipment, labour or materials are required this should be reported to the Head of Establishment or their authorised representative and the repair should not be commenced if it is considered inappropriate. The liability of the cost of any additional visit in terms of travelling time will rest with the Contractor. On leaving and arriving at the Site, for whatever reason, the Contractor must inform the Head of Establishment or their authorised representative. Where appropriate, the Contractor should also give an indication of the time and date of their return. Where the Contractor is required to leave the Site, for whatever reason, and the repair is incomplete, the Contractor will be held liable for leaving the area of repair safe, clean, tidy and secure. 6.5 Facilities/Temporary Work/Services Notice and Fees to Local Authorities and Public Undertaking Such fees, charges, rates and taxes paid by the Contractor shall be reimbursed net to him by the Employer Siting of Temporary Buildings etc If there is a circumstance where they are required all offices, mess rooms, storage sheds, sanitary accommodation and temporary buildings shall be sited to the approval of the Contract Administrator. All areas so used must be made good on completion. 39

41 6.5.3 Sanitary Accommodation: Unless otherwise stated in the Order, the Employer will permit the Contractor to use toilet facilities within premises where available. The Contractor shall ensure that the initial standard of cleanliness is maintained and shall be liable for any damage arising from use of his workpeople. The Employer cannot guarantee availability of toilet facilities, particularly during School Holiday periods Working Platforms Shall be provided to enable the work to be safely and effectively carried out. In all cases the Contractor shall comply with the requirements of the Health and Safety at Work Act 1974 together with other relevant regulations and requirements, consulting the Contract Administrator where differing provisions of scaffolding are possible. Agreement by the Contract Administrator to a particular method of scaffolding shall not relieve the Contractor of his responsibility for fully complying with Health and Safety at Work provisions. Normal ladder work in accordance with the Construction Regulations is deemed to be included in the rates. The Contractor shall allow other contractors authorised by the Contract Administrator the use without charge of erected scaffolding or towers belonging to or provided by the Contractor while remaining so erected Scaffolding The charges for scaffolding or towers or mobile towers to provide working platforms will be dealt with at the discretion of the Contract Administrator as follows: by agreement between the Contract Administrator and Contractor. by quotations from not less than three specialist firms in competition. Scaffolding is to comply with: BS5973: 1981 Access and Working Scaffolds and Special Scaffold Structures in Steel. BS5874: 1982 Code of Practice for Temporary installed Scaffold and Access Equipment. The Contractor will not be permitted to insert putlogs into any faced walls. Scaffolding costs will not be paid for periods where:- The Contractor has left the site of his own accord. When the work is not carried out on a continuous basis through no fault of the Employer. Where no scaffolding has been provided Shoring, Screens, Fencing and Hoardings The charges for shoring screens, fencing and hoardings will be dealt with at the discretion of the Contract Administrator as follows: by agreement between the Contract Administrator and the Contractor. by quotations from not less than three specialist firms tendering in competition. 40

42 6.5.7 Notice Board Upon written application the Contractor may display and maintain in an approved position an approved notice board stating his name and that of authorised sub contractors. Boards may only be displayed for the period while the work is in progress. completion of the works the Contractor shall remove the board. On Provision of Skips Application must be made to the appropriate local authority department for the siting of any skips required for the collection and removal of Contractors waste and rubbish. No allowance for charges in connection with the use of skips has been included in the schedule of rates and costs should be included in the Contractor s tendered package. Due allowance must be made for siting skips in positions agreed with the establishment officer. As this will not always be in the contractor s preferred location, the contractor must include in his tendered rates for all wheeling and barrowing etc. The Contractor is to ensure that his tender provides for removing rubbish from the site both as it accumulates from time to time and at completion of the Works Temporary Telephones For all Works, the Contractor is to allow for providing temporary telephone facilities to the Site and defray all charges in connection therewith, including the costs of all calls made by his own employees and those of any sub-contractors. No provision need be made for separate telephone facilities for the Employers representatives but the Contractor is to allow for the cost of a modest number of calls Water for the Works Unless otherwise stated in the Order, the Employer will provide water from existing supplies where available for the Works. The Contractor shall provide temporary plumbing connections, standpipes, storage tanks, distribution pipes and/or hoses and the like as necessary for the execution of the Works, and remove and make good on completion Lighting and Powers for the Works Unless otherwise stated in the Order, the Employer will provide electric current from existing supplies where available for the works. The Contractor shall provide temporary electrical connections, installations and the like (following the guidance given in the current Edition of the IEE Regulations) for lighting and power including low voltage socket outlets for small tools as necessary for the execution of Works Landfill Tax The Contractor is deemed to have allowed in his percentage adjustments for any costs associated with the requirements and levies of the landfill tax. 6.6 Operation/Maintenance of the finished works Where appropriate the Contractor will provide the Contract Administrator with a free copy of the manufacturers maintenance/operation manuals for install equipment. 41

43 6.7 CRB Checks Criminal Record Bureau Checks (CRB) It is a requirement of this contract that all contractors personnel who will visit any Bracknell Forest Council Establishment will obtain a satisfactory Standard certificate from the Criminal Records Bureau or other approved Registered Body, as required under section 122 of Part V of the Police Act 1997 and launched in March A list of all approved Contractors personnel will be provided prior to commencement of any work on the sites 7.0 CONTRACTOR S GENERAL COST ITEMS The Contractor is to allow in his tendered rates for the cost of the following: 7.1 Management and Staff Including all overheads, offices, equipment, insurances, travel and expenses, supervision, programming, quantity surveying support staff (see Contract Conditions Section 4) and the like. 7.2 Site Accommodation Including erection, dismantling, hire charges, maintenance, service charges, insurance etc., for offices, stores, canteens, compounds, sanitary facilities and the like. It should be noted that very few situations will occur where the Contractor will need to provide site accommodation. 7.3 Services and Facilities Where not provided by the Employer, including power, lighting, fuels, water, telephone, security and the like. 7.4 Mechanical Plant Where not shown as included in the Schedule of Rates, Schedule of Descriptions and Prices, or provided by the Employer at no charge to the Contractor, including cranes, hoists, transport and other mechanical plant. 7.5 Temporary Works Including temporary access road, hard standings, hoardings, fans, fences and the like. 7.6 Travelling of Workmen To and from site. 7.7 Identification and Labelling Of services as specified. 7.8 Client Training As specified and any requirements for provision of record drawings or operation and maintenance manuals. 42

44 7.9 Builders Work Information, including marking up of any holes, or chases, and provisions of any sleeving requirements for pipes, conduits, ducts and the like Painting and Priming of Services As specified Waste As generated by the installations, including cutting of materials to suit, loss, damage and the like Specification Requirements Any adjustments required to the schedule to comply with the specification, drawings or site requirements, e.g. hot and cold water services copper pipework 54 mm diameter and under has munsen rings fixed to skirting, the Contractor is to allow for any other fixing requirements as specified or otherwise necessary Records, Drawings and Safety File Of the work as required by the Contract Administrator General Bonding and Earthing As required by the IEE regulations for any electrical work Working In complete conjunction with any ceiling installations Cleaning Of the services, Works and making good as required. The Contractor shall provide all of his own cleaning equipment Inspection, Testing and Commissioning of the Works Where testing, balancing and commissioning exceeds the scope of Works, the Contract Administrator is to notify the Contractor of his requirements, and an hourly charge or lump sum agreed with the Contractor if required Works/Materials by the Employer Plant or materials may be provided by the Employer under the provision of contact Clause and Approved Sub Contractors and Suppliers The Employer may wish to appoint approved sub contractors and/or suppliers to carry out works and/or supply goods which are not included in the schedule of description and prices. Also, the Employer may, for any work, request the Contractor to obtain, under tender conditions, competitive quotations (generally 3No.) for any project of any value, to enable the approved sub contractor to be appointed to carry out the work under the direction of the Contractor. This percentage does not apply to sub contractors work 43

45 ordered under the daywork provision in 4.2 Contract Particulars (Item 11 & 11.1) of the contract conditions as stated in the pricing schedule. Attendance includes general attendance and unloading, storing and placing goods in position for fixing, returning crates and packing etc. (Prices are included within the Schedule of Rates for fixing only items which may have been ordered from an approved supplier or supplied by the Employer). The Contractor must provide the sub contractors and/or suppliers invoices when claiming payment for such work Work by Statutory Authorities Where the Contract Administrator orders the Contractor to instruct Statutory Authorities to carry out works under the Contract, the Contractor is entitled to recover the full cost of any fees and charges payable and is to add his tendered percentage stated in the pricing schedule. 8.0 PREAMBLES SECTIONS TO BE USED 8.1 General The Contractor shall be responsible for the satisfaction of the user of the service/building of both materials and workmanship within the environmental conditions applicable to the premises. The ultimate authority on whether the works have been completed satisfactorily lies with the Contract Administrator. 8.2 Appearance The workmanship and materials shall be of visibly acceptable appearance. The workmanship and materials shall be free from all defects, wrinkles, runs, cuts, scrapes and roughness with the exception of natural occurrences. The area of the Works shall be clean, removing all waste packaging and protection. The workmanship and materials shall be equal to the new surrounding or comparable installations elsewhere in the premises when they were new. 8.3 Strength The strength of a product shall be as defined by the relevant European or British Standard, Code of Practice and the manufacturers details. The workmanship and materials shall be suitable and fit for the purpose. The materials shall be equal to, or greater than, that of a comparable product elsewhere in the premises. 8.4 Stability The materials shall be installed, erected or fitted to details provided by the relevant European or British Standards, Code of Practice or manufacturers recommendations. Materials shall not be overstressed either in component part, construction or installation. The installation of materials shall supply stability to the product, fixings and backgrounds to which they are fixed. 44

46 8.5 Materials Materials can generally be identified as to their quality by the relevant European or British Standard. (The Contractor should note that a product within a range does not necessarily comply with British Standards, and only the complying product will bear the British Standard Kite mark). Where a product not complying to the relevant European or British Standard is used, the Employer reserves the right to recompense in the event of failure of injury to the user. The use of a tropical hardwood from non-renewable sources shall not be permitted. The following temperate hardwood may be used as alternatives to tropical timber: Alder Lime Apple Maple, Sycamore Ash Oak Aspen Pear Beech Plane Birch Poplar Cherry Black Walnut Elm Hickory 8.6 Performance The materials and construction performance will be measured against known building criteria i.e. Building Regulations. Where no Building Regulations exist, performance will be measured against statutory obligations and the original building specification. 8.7 Standard of Quality The Contractor shall be required to execute workmanship to best industry standards of quality. 8.8 Appraisal Costs The costs of quality appraisal where required, both before the task is performed and upon completion shall be deemed to be included within the Contractors rates. 8.9 Quality Failure Any costs resulting in the failure in quality of either materials or workmanship shall be met by the Contractor Glazing Work Glazing work is to be carried out in accordance with Appendix B. 45

47 APPENDIX A LIST OF SITES WITH ADDRESSES & TELEPHONE NOS Please refer to attachment 46

48 APPENDIX B BUILDING MAINTENANCE - GLAZING SPECIFICATION Specification of Materials and Workmanship Safety 1 Because of the nature of the material, particular attention is to be given to safety requirements when carrying out reglazing. Contractors must ensure that no person other than operatives has access to areas below or adjacent to where work is being undertaken. No broken pieces of glass to be left where injury to persons might occur and all glass must be cleared up and carted away as described. The surrounding areas, furnishings, floor finishes etc to be fully protected. Glass 2 All clear glass shall conform to BS952 and be free of all defects. Comply with the relevant parts of BS8000: Part 7 unless specified otherwise and part N Building Regulations 1992 Edition except the bottom level of glazing is to be one metre and not 800 mm. Glass to be to BS952, free from scratches, bubbles, inclusions, cracks, ripping, dimples and other defects. Glazing must be wind and watertight under all conditions with full allowance made for deflections and other movements. All laminated glass specified shall be permanently etched in the top corner in accordance with Class 6, BS6206 to show the following: a) An identifiable name or trademark. b) The Type of material, i.e. L for laminated. c) The number of the British Standard, i.e. BS d) The classification relating to impact test behaviour, i.e. Class B. Clear glass shall be float of minimum 6mm thickness (except in greenhouses and certain types of aluminium sashes). The Contractor must contact the Contract Administrator if in doubt as to the use of safety glass in a particular location. Plastic Sheet 3 Plastic sheet for glazing shall be Lexan or similar approved polycarbonate installed with full allowance for expansion. Such materials must only be used on the express instructions of the Contract Administrator or his representative. Acrylics and other plastics are not to be used. 47

49 Putty 4 Linseed oil putty for glazing to softwood shall comply with BS544. Metal casement putty of approved manufacture shall be used for glazing to hardwood and galvanised steel as specified for laminated glass. Glazing Mastics 5 Glazing compounds shall be of approved manufacture and shall be of butyl compounds for glazing with laminated glass; butyl, silicone or polysulphide for glazing with plastic sheet. Aluminium Sliding Sashes 6 Where reglazing of certain aluminium sliding sashes necessitates removal of the sash, carefully take out, remove broken glass and clean up frame, reglaze in appropriate glass and carefully replace sash ensuring that it is left in proper working order. Rooflights 7 Glazing to rooflights to be carried out in wired glass bedded on plaited nylon or polypropylene rope. Asbestos rope must not be used. Glazing to Stained Timber 8 Hack out and reglaze as described for painted softwood but with glass and beads bedded in non-setting glazing compound. Louvres 9 Remove broken glass and renew louvre blades with long edge ground. Clear Away 10 On completion of any glazing work, clean glass both sides, clear up all broken glass, surplus materials, rubbish etc., and leave the working area clean. All broken glass, etc., to be removed from the site and not left or disposed of anywhere on the premises. 48

50 APPENDIX C SCAFFOLDING SPECIFICATION The following principles are to be strictly adhered to: Relocatable 2 metre fencing with lockable access gate to be provided around any full scaffold/tower scaffold. Relocatable 2 metre fencing to be provided to any handrail scaffold which is erected adjacent to a playground/playing area. Reinforced plastic fencing to be provided as a minimum to the lower section of any handrail scaffolding. Roof edge guard rails Boarding to windows Netting (vertical) to scaffolding at all levels Brickwork guard panels Fence panels forming Contractor s compound with lockable access gates Where instructed by the Contract Administrator: Scaffold fans at entrances and adjacent to footpaths and playgrounds. Hardboard on top of scaffold boards and netting below scaffold boards over footpaths. 49

51 APPENDIX D FLOW CHART MAINTENANCE WORK (Record book held by establishment) Fault Identified Establishment telephones BFBC Customer Services Helpdesk Helpdesk staff telephone or fax or Contractor to order work Contractor logs details on computer system Contractor reports to site and signs the site visitors logbook recording his time of arrival Contractor agrees details of fault with establishment If the contractor feels the work will take more than 4 hours the contractor must contact the Contract Administrator/Principal Building Surveyor for authorisation to proceed Work undertaken or establishment telephones Customer Services Helpdesk for help Contractor reports work complete to establishment and completes record book and worksheet, which must include the start and completion times Establishment signs record book and worksheet to agree that work is complete Before leaving site Contractor shall record the time of departure in the site visitors logbook 50

52 APPENDIX E ICT Requirements for Data Cabling BFC ICT Services will have requirements for contactors to perform the following; Installation in offices of new unshielded (UTP) or shielded (STP) twisted pair cabling between wall or floor outlets and wall or cabinet mounted patch frames. Installation of outdoor spec UTP cabling between data cabinets in different buildings. Moves of existing UTP wall or floor outlets. These outlets may or may not be accompanied by 13A mains outlets. If accompanying 13A mains outlets are required to be moved then these should be managed as a single work request. Installation of new fibre cabling to link communications cabinets within or between buildings. Installation of 19 data cabinets as specified by BFC ICT Services. Provision of electrical mains supply to new or existing cabinets. Notes: All cables should be labelled as requested by BFC ICT Services. Any UTP or STP cabling should be installed and tested on completion (at the installer s expense) in full accordance with CW1308, Cat 5e, Cat6 or Cat6a as requested by BFC ICT Services. Any installed cabling found to be non-conformant to be re-worked at the installer s expense as instructed. Only cables and connectors conforming to the relevant standards will be used. BFC ICT Services reserves the right to specify the manufacturer of any component installed. Any fibre cabling should be tested to the relevant standards as requested by BFC ICT Services. Only cables and connectors conforming to the relevant standards will be used. BFC ICT Services reserves the right to specify the manufacturer of any component installed. Any cables installed should be clearly and permanently labelled at each end to BFC ICT Services specifications as requested. Any mains electrical supply to cabinets should be taken from the nearest suitable electrical distribution board. The cabinet supply should be installed on a dedicated radial circuit, protected by a RCBO device (16Amp/30mA) and compiles to BS7671:2008. A filtered rack mounted mains power distribution unit (PDU) (number of outlets as requested) should be installed in cabinets as requested. The PDU must be properly secured within the cabinet. The power cable for the supplied PDU should be cut to length as required and wired into a 13 Amp Un-switched fused spur. 51

53 APPENDIX F CDM REGULATIONS & HEALTH AND SAFETY PLAN THE CDM COORDINATOR The CDM Coordinator shall mean the Employer or its representative. RESOURCES Particular attention is drawn to the fact that the Tenderer shall undertake to ensure that adequate resources are available to enable the Contractor to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions, and in particular the CDM regulations. APPROPRIATE SKILLS ETC The Tenderer shall ensure that competent personnel with the appropriate skills, knowledge, experience and training are employed on Works carried out under this Contract to fulfil the Health and Safety obligations imposed on the Contractor. Furthermore the Tenderer shall also ensure that adequate time is allocated to the various construction stages of the works. SAFE WORKING The Contractor must take all necessary precautions both in Site organisation and actual construction to ensure the safety of all personnel on Site, and to provide all safety, health and welfare facilities required by Statutory Regulations. The Contractor shall provide adequate storage of all hazardous materials and the setting aside of work space for hazardous tasks. When hazardous tasks are being carried out, etc., and shall ensure that all persons not involved are kept well clear. Particular attention should be given to the Health and Safety at Work Act 1974 and its changes to previous legislation including the specific requirements regarding asbestos and asbestos based goods and PCB s together with the Control of Substances Hazards to Health Regulations In the event of the Contractor ascertaining that the execution of the Works will or may involve the disturbance or treatment of any material containing or suspected to contain asbestos, he shall immediately notify the same to the Contract Administrator. 52

54 APPENDIX G JCT MEASURED TERM CONTRACT Please see attachment provided with Invitation to Tender documents for Appendix details. 53

55 APPENDIX H ADDITIONS TO JCT MEASURED TERM CONTRACT A1 TUPE A1.1 At any time during the period of nine (9) months before the expiry of the Contract Period or in the event that the Contract is terminated in accordance with these Conditions within 28 days of giving or receiving notice of such termination or where this Contract is terminated forthwith within 28 days of termination the Contractor shall on the written request of the Contract Administrator collate whatever information is required for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended) (the TUPE Information ) which may include but shall not be limited to: (i) (ii) (iii) the number of staff, including supervisory and administrative staff, employed by the Contractor and any sub-contractor employed in the Works; the terms and conditions of employment of those staff; and any other information relating to those staff as properly may be required by the Employer under this Clause. A1.2 In the event that the Employer commences procedures for inviting tenders to provide the Works, the Contractor shall make the TUPE Information available on request to any person who wishes to submit such a tender (a Tenderer ) provided that such Tenderer shall undertake to use the TUPE Information for the purposes of submitting a tender to the Employer and for no other purpose. A1.3 Throughout the period specified in Clause A1.1 the Contractor shall maintain and amend the TUPE Information to the extent necessary to ensure that it is complete accurate and up to date and in the event that such amendments are made the Contractor shall inform any person to whom it has made the TUPE Information available in accordance with this clause of the nature extent and content of those amendments and the reasons for which they have been made. A1.4 The Contractor shall, if requested by the Employer, provide the same information relating to employees of its contractors, sub-contractors and agents where relevant to the provision of the Works and shall do its utmost to procure co-operation from such contractors, sub-contractors and agents. A1.5 In the event that there is a transfer of employees pursuant to TUPE the Contractor shall co-operate, and where relevant do its utmost to procure the co-operation of its contractors, sub-contractors and agents, in the orderly transfer of any relevant personnel. A1.6 The Contractor shall indemnify the Employer against any and all losses, costs, expenses, awards, liabilities incurred by the Employer in connection with or as a result of any claims demands or proceedings of whatever nature by any employee or former employee of the contractor or its sub-contractors or agents arising out of any noncompliance with TUPE. A1.7 The Employer gives no express indemnity nor should be taken to have given any implied indemnity whether particular to the Contractor or jointly arising in relation to any matter connected with or arising out of the application or non application or the compliance or non compliance with TUPE. A1.8 The Contractor shall not make any claim against the Employer in connection with the effect on the Contract of TUPE. A1.9 The Contractor undertakes not to change personnel or service delivery structure during the last twelve months of the Contract other than for bona fide economic or operational 54

56 reasons related to provision of the Works under the Contract including but not limited to changes to preclude or promote application of TUPE upon termination or expiry of the Contract. A1.10 In the event of non-compliance by the Contractor with this Clause A1, then: (i) (ii) the Parties acknowledge that the Employer shall be entitled to an injunction or an order for specific performance in order to obtain the TUPE information; and the Contractor shall reimburse all expenses incurred by the Council in enforcing the Contractor s compliance with this clause. For the avoidance of doubt, this shall include the cost of the Employer s officer time. A2 EQUAL OPPORTUNITIES A2.1 The Contractor shall ensure that its Terms and Conditions of Employment and its policies and procedures relating to employment comply with all current legislation other legal requirements and codes of practice published by all relevant recognised bodies including but not limited to:- ACAS The Equalities and Human Rights Commission The Department of Communities and Local Government The Department for Business, Enterprise and Regulatory Reform and shall upon request furnish the Employer with such evidence of compliance with the same as the Employer shall specify and require A2.2 The Contractor shall not discriminate or permit any employee or agent of the Contractor to discriminate in any way against any person on the basis of race gender disability age religion belief or sexual orientation or in any other way prohibited by law and shall comply at all times at its own expense with any requirements made by the Employer to be observed by contractors in its policies to promote equality and diversity. A2.3 The Contractor shall comply with the Council s policies made pursuant to the Race Relations (Amendment) Act 2000 the Disability Discrimination Act 1995 the Equality Act 2010 and for the promotion of equality and diversity published from time to time and shall if required to do so produce evidence satisfactory to the Employer that the performance of the Contract is consistent with and in accordance with those policies A2.4 The Contractor shall be able to demonstrate that where appropriate (bearing in mind the nature of the Works to be provided) that those Works are accessible and delivered in a way that is appropriate to meet the needs of those people that the Works are intended to benefit A2.5 If required by the Employer the Contractor shall prepare and monitor a plan to deliver fair and equal access to the Works to ensure delivery of the Works in accordance with condition A2.4 above and shall make this plan available to the Employer upon request. The Contractor shall make such reasonable changes to his plan as may reasonably be required by the Employer to ensure compliance with condition A2.4 above. Where relevant to the Contract and as agreed between the contractor and the Employer, the Contractor shall also be expected to monitor the representation within its workforce and provide the Employer with a breakdown of job applicants and workforce on the basis of race gender disability age religion or belief A2.6 The Contractor shall ensure that its staff are properly trained in respect of the matters detailed in this clause to ensure compliance with the Contractor s duties relating to equality and diversity and fair access in the Contract 55

57 A3 HUMAN RIGHTS A3.1 The Contractor confirms that he will perform his obligations pursuant to the Contract in all respects in conformance with the Human Rights Act 1998 A3.2 The Contractor hereby indemnifies the Employer from and against all losses costs expenses liabilities damages and claims arising from the failure of the Contractor his servants or agents to duly perform his obligations pursuant to sub condition A3.1 above and arising further from any act or omission of the Contractor his servants or agents in respect of the non performance of the said obligations A3.3 The Contractor ensures the compliance of any sub contractor of his in the performance of the Contract with the provisions of this condition and shall indemnify the Employer accordingly in respect of any breach of the same by the sub contractor A4 THE ENVIRONMENT A4.1 The Contractor shall ensure that it complies, and that any sub-contractors comply, with all Legislation, industry codes of practice and standards (and where no standards exist, best industry standards) related to care of the environment and sustainability in its performance of the Services. As a signatory to the Nottingham Declaration on Climate Change, the Employer is committed to reducing its carbon footprint, increasing recycling, energy efficiency and water conservation and reducing waste to landfill. The Employer accordingly shall expect the Contractor to support its aims and objectives in this regard. A5 CRIMINAL RECORD BUREAU CHECKS (CRB) It is a requirement of this contract that all contractors personnel who will visit any Bracknell Forest Council Establishment will obtain a satisfactory Standard certificate from the Criminal Records Bureau or other approved Registered Body, as required under section 122 of Part V of the Police Act 1997 and launched in March A list of all approved Contractors personnel will be provided prior to commencement of any work on the sites. A6 FREEDOM OF INFORMATION ACT 2000 Guidance to tenderers on the Freedom of Information Act 2000 is included at Appendix I to these documents. A7 TRANSPARENCY REQUIREMENTS The Contractor acknowledges that, except for any information which is exempt from disclosure in accordance with the provisions of the Freedom of Information Act ( the Act ) the text of this Agreement, and any Orders or Schedules to this Agreement, is not Confidential Information. The Council shall be responsible for determining in its absolute discretion whether any part of the Agreement or Orders or its Schedules is exempt from disclosure in accordance with the provisions of the Act. Notwithstanding any other term of this Agreement the Contractor hereby gives its consent for the Council to publish this Contract, the Orders and Schedules in their entirety, including from time to time agreed changes to the Agreement, to the general public in whatever form the Council decides. 56

58 APPENDIX I GUIDANCE TO TENDERERS ON FREEDOM OF INFORMATION ACT 2000: ACCESS TO INFORMATION ABOUT OR ARISING UNDER CONTRACTS 1 Introduction 1.1 All information relating to any tender made to the Employer or any Contract to which the Employer is party, including information arising under the Contract or about its performance, will be covered by the Freedom of Information Act 2000 (the Act) from January The Employer will be under a legal obligation to disclose such information if requested unless an exemption applies. The legal obligations to respond to a request for information fall on the Employer. The Employer must determine whether an exemption applies to information and whether the request should be refused. The Employer may also be subject to disclosure obligations under other legislation or codes of practice. This Guidance sets out the approach of the Employer to the disclosure of information about contracts. 2. General rules on disclosure 2.1 The Employer has determined that, in the absence of special circumstances:- The Invitation to Tender (ITT) will always be available under the Act to those who enquire. Responses to tenders (apart from price information see below) will be held in confidence at least until award of the Contract. Broad cost information will generally be available after award of Contract under the Act to those who enquire. Detailed tender prices will be held in confidence until 7 years after expiry or completion of the Contract awarded as reserved information (see below) 2.2 Tenderers must therefore inform the Employer, on the enclosed Schedule of Reserved Information, of such other information which it regards as being eligible for exemption from disclosure by the Employer under the Act. The reasons for all such exemptions must be fully justified against the relevant section of the Act. 3. Reserved Information 3.1 The Act specifies a number of different grounds for exemption. Most of these are not considered to be relevant to a tendering process or subsequent award of contract. Those which are most likely to be relevant are:- The information constitutes a trade secret (section 43(1)) Disclosure would prejudice the commercial interest of any person (including the Employer) (section 43(2)) Disclosure would constitute an actionable breach of confidence (section 41(1)) Personal data or information relating to the private life of any individual which is appropriate for protection (section 40) 3.2 If the Employer agrees that information nominated by the successful tenderer may be legitimately classified as reserved, the Schedule of Reserved Information will form an integral part of the Contract. The Schedule will list the class or category of information 57

59 or the information itself and specify which exemptions under the Act apply to each specified class, category or specific information. The schedule shall indicate when it is likely that the information can be made available under the Act or if the information is unlikely ever to be made so available. Where such information is exempt under the rules governing commercial matters, (section 43(2)), then unless special circumstances apply, it will not be withheld under the Act for more than three years after completion/expiry of the Contract. 3.3 Information relating to the overall value, performance or completion of the Contract, Contract records and administration will not generally be accepted as reserved information. The Employer may however withhold access to such information under the Act in appropriate cases. The decision whether to withhold information shall be for the Employer alone to determine. It shall have no obligation to consult the contractor. 3.4 The Employer will automatically make information available under the Act from 3 years after completion/expiry of the contract, in the absence of specific agreement to the contrary. In the event that the Employer receives a request for such information before the expiry of the 3 year period which it considers it may be appropriate to provide it will, wherever possible, notify the tenderer and take into consideration any representations made by the tenderer within 7 days of receipt of the notice by the tenderer. 4. Handling requests for information and notice to those affected 4.1 Other than as set out above the Employer shall have no obligation to consult the contractor where any request for information, whether under the Act or otherwise, touches or concerns the contract. 5. Information about the provision of the service which is the subject of the Contract which arises in the course of performance of the Contract 5.1 The Employer will have obligations to respond to the Act and other requests for information and the Contract will include appropriate terms requiring the Contractor to supply such information as requested by the Employer. Any enquiries about this policy and its application should be addressed to the Borough Solicitor, Bracknell Forest Borough Council, Easthampstead House, Town Square, Bracknell, Berkshire, RG12 1AQ 58

60 SCHEDULE 1 FORM OF TENDER Measured Term Contract for Building Maintenance and Repairs I/We, the undersigned, having examined the Conditions of Contract, Specification and all other Tender Documents, hereby offer to supply the goods/undertake the services required, in accordance with the tender documents for prices detailed in the Pricing Schedule. I/We understand that the Council is not bound to accept the lowest or any tender received. This tender remains open for acceptance for 120 days from the date fixed for the submission of tenders in the Invitation to Tender. We declare that we are not party to any scheme or arrangement under which: a) we communicate the amount of our tender to any other person or body before the date and time for the receipt of tenders; b) any other tenderer is reimbursed any part of the tendering cost. c) Our tender prices are adjusted by reference directly or indirectly to the prices of any other tenderer. No provision is made in our tender price for any such reimbursement or adjustment, or any other contribution thereto. Unless and until a formal agreement is prepared and executed, this tender, together with your written acceptance thereof, shall constitute a binding contract between us. Signature (please use non-black ink) Name. Position... Organisation Address Date 59

61 SCHEDULE 2 METHOD STATEMENT To be completed by the Contractor and returned as part of the tender submission Please refer to Section for what to include within this Schedule Section A: Resourcing and Managing the Works A1 Please define the management structure in place to support the successful performance of this contract. Please describe A2 Please detail the team you intend to assign to this contract and describe the roles to be undertaken by the team. It must include CVs of all key personnel to be assigned to this contract. Please describe A3 CRB checks are a requirement of this contract. Please describe how you propose to demonstrate and ensure that CRB checks have been carried out on any employee working on this contract where required. Please describe 60

62 A4 Please define how you intend to ensure that Priority coding response times outlined within 5.2 Articles and Project particulars to the Conditions of Contract will be managed, resourced and adhered to. Please describe A5 Please provide detailed information on the trades that are routinely sub contracted out and set out how you intend to ensure any sub contractors performance is managed throughout the duration of this contract. Please describe Section B: Implementation Plan B1 Please provide a Method Statement on how you intend to manage the mobilisation period from Contract award, taking account of there being no official contractor in place to assist with this transition. You are expected to include timescales within this response. Please describe 61

63 Section C: Work Flow Progress C1 You are required to demonstrate an efficient and fully auditable process for dealing with the entire work order process, from ordering through to invoicing. As part of this, samples of the following documents should be provided: Work order Quotation Invoice Please note: It is important that you clearly demonstrate how each of the documents corresponds to the next, to enable a full tracking system to be evidenced. Please include a copy of the above sample documents, clearly referencing and marking how each would correspond to the other throughout the work order process. Section D: Reporting capabilities D1 Please provide an example of the standard reports you would propose using, to include as a minimum performance monitoring and financial information including expenditure and outstanding commitments. Please include sample report D2 Please provide details on how you would intend to minimise the amount of administrative effort required by the Council associated with small order term maintenance contracts. i.e the process of ensuring that the original quotation matches the invoice, and ensuring that the client is happy that works have been carried out to the required standard prior to payment. Please describe 62

64 Section E: Reporting capabilities E1 Please describe your e-trading capability, indicating the proportion of business currently transacted electronically. a) with customers b) with your suppliers Please include sample report E2 Please confirm you are able to provide invoices / worksheets in: XML Format Yes / No As.tif files Yes / No As.xls spreadsheet files Yes / No Paper Invoicing only Yes / No Section F: Health & Safety Tenderers must submit the following documents: F1 F2 F3 CDM Health and Safety development plan Health and Safety Policy Documented evidence of Health and Safety training including asbestos awareness training Please include documents listed above. 63

65 Section G: Apprentice Skills and Training Tenderers are required to submit details of its proposals for employing Apprentices/Trainees as part of the Grow Your Own initiative (refer to 1.2.1), which should include types of training, qualifications expected to be achieved within the contract period, reporting trainee s performance and the contactor s performance in complying with the terms of the initiative. Please describe. 64

66 SCHEDULE 3 PRICING SCHEDULE BRACKNELL FOREST BOROUGH COUNCIL MEASURED TERM CONTRACT FOR BUILDING MAINTENANCE & REPAIRS I/We offer to carry out and complete all Orders to work in accordance with information set out in the Contract Particulars and Conditions of Contract. Contract prices shall remain fixed for the first 24 months of the contract. Thereafter they may be adjusted by agreement between the parties but subject to an over riding maximum adjustment representing the rise in the RPI, effective from the subsequent anniversary of the contract start date, provided: One Party submits a written request to the other Party at least 4 weeks prior to the anniversary date Full supporting information is provided justifying the proposed changes The changes reflect the cost of labour, materials and overheads only; the profit element shall remain fixed for the duration of the contract The contractor may submit to the Head of Building Surveyors at least four weeks in advance of 31 April 2013 and similarly prior to this date on each subsequent year of the Contract, a written application for a price revision (If the Employer invokes its option to extend the Contract). The application for a revision of prices shall be required to give full supporting information and justification for the revised prices. Subject to those negotiations the new rate (if agreed) will apply from 1 May in the subsequent year. In the event that no such application is submitted, within this time period, then the rates agreed for the preceding period shall continue to apply; Prices may be revised in respect of labour, materials and other costs and overheads, but NOT in respect of profit margin. Payment for each works order will be based on hourly rates plus materials and will be on an open book basis (see clause Employers Requirements). Schedule of hourly charges Brought forward from Item 12 Contract Particulars Normal Working Hours Outside Normal Working Hours (where instructed) Building labour (skilled)../hr../hr Building labour (unskilled)../hr../hr Mechanical and heating labour (all grades)../hr../hr Plumbing labour (all grades)../hr../hr Electrical Labour (all grades)../hr../hr Electrical Labour for ICT cabling (all grades)../hr../hr 65

67 Valuation percentage additions Overheads & profit on materials Overheads & profit on plant, consumables stores and services Overheads & profit on approved sub contractors.%.%.% Approved Suppliers (materials and equipment purchases) Approved Suppliers: Profit % General Attendance % Overheads % Statutory Authorities Profit % General Attendance % Overheads % Additional Cost per annum (if any) of employing Apprentice/Trainee as part of the Grow Your Own Initiative (refer to 1.2.1). Signed.. For and on behalf of Address.. Date 66

68 SCHEDULE 4 SCHEDULE OF RESERVED INFORMATION: FREEDOM OF INFORMATION ACT 2000 Reserved Information When available for disclosure Relevant Section of Act Reason Tender responses (excl price information) After award of contract Section 43(2) Commercial confidentiality Generic tender price information After award of contract Section 43(2) Detailed tender prices 7 years after expiry or completion of the contract awarded Section 43(2) Commercial confidentiality Signed. Name Company Date 67

69 SCHEDULE 5 SPECIFICATION COMPLIANCE STATEMENT Spec Clause Subject 6.0 Employers Requirements 6.1 Management of the Works Base Communications with the Workforce Person in charge Site Personnel Out of Hours Call out Service Review Meetings Site Meetings Abortive Visits Raising Orders Payment Invoices and Worksheets Fax Facility Facility 6.2 Quality Standards Control Setting Out Materials, Labour and Plant Off Loading and Man-Handling Samples & Standards of Materials Manufacturers recommendations Compliance with Regulations Proprietary Names Finance (No2) Act Dimensions 6.3 Security / Safety / Protection Security Protection Safeguarding the Works, Materials and Plant against Damage and Theft Trespass and Nuisance Traffic and Police Regulations Control of Noise Safety, Health and Welfare Asbestos Samples Working with Asbestos Employer Safety Policies Employers Environmental Practices Cancellation of Default Maintenance of Public and Access Roads Existing Mains and Services Waste Disposal Protection, Drying and Cleaning Damage 6.4 Specific Limitations on method / sequence / timing Site visits before tendering Compliant Yes No If no, state why and propose alternative. (Use additional sheet(s) if necessary) 68

70 6.4.2 Orders conveyed to Contractor in nonspecific items Site Visits to ascertain the scope of work Delivery of materials Working Space Working Hours Occupied Premises Contractor to report to person in charge of the premises Programme of Works Use of the Site Reinstate Site Approval to Siting Materials obtained from Site Overtime, Nightwork and Incentives Dayworks Building Operations in Winter Glazing Work Term Times Alcohol Radio Receivers Tobacco Burning Pollution Site Procedures 6.5 Facilities / Temporary Work / Services Notice and Fees to Local Authorities and Public Undertaking Siting of Temporary Buildings etc Sanitary Accommodation Working Platforms Scaffolding Shoring, Screens, Fencing and Hoardings Notice Board Provision of Skips Temporary Telephones Water for the Works Lighting and Powers for the Works Landfill Tax 6.6 Operation / Maintenance of the finished works 6.7 CRB Checks Criminal Record Bureau Checks 7.0 Contractors General Cost Items 7.1 Management of Staff 7.2 Site Accommodation 7.3 Services and Facilities 7.4 Mechanical Plant 7.5 Temporary Works 7.6 Travelling of Workmen 7.7 Identification and Labelling 7.8 Client Training 7.9 Builders Work 7.10 Painting and Priming of Services 7.11 Waste 7.12 Specification Requirements 69

71 7.13 Records, Drawings and Safety file 7.14 General Bonding and Earthing 7.15 Working 7.16 Cleaning 7.17 Inspection, Testing and Commissioning of the Works 7.18 Works / Materials by the Employer 7.19 Approved Sub Contractors and Suppliers 7.20 Work by Statutory Authorities 8.0 Preambles to be used 8.1 General 8.2 Appearance 8.3 Strength 8.4 Stability 8.5 Materials 8.6 Performance 8.7 Standard of Quality 8.8 Appraisal costs 8.9 Quality Failure 8.10 Glazing work Appendix B Appendix C Appendix D Appendix E Appendix F Glazing Specification Specification of Materials and Workmanship Scaffolding Specification Flow chart maintenance work ICT Requirements for Data Cabling CDM Regulations & Health and Safety Plan NB Significantly non-compliant bids may be rejected. Signature Name Position... Company Date 70

72 SCHEDULE 6 CONDITIONS OF CONTRACT COMPLIANCE STATEMENT Clause Subject 1.6.1/5.1 Appendix G: JCT Measured Term Contract Articles & Contract particulars to 5.2 the Conditions of Contract Schedule of amendments to JCT Measured 5.3 Term Contract Definitions & Interpretations Carrying out the Work - Contractors Obligations - Materials, Goods and Workmanship - Bribery and Corruption - Gratuities - Size and Duration of Orders - Orders : Completion - Order completion date - Defects - Damages for non-completion Control of Work - Sub contracting - Access to the site - Variations Payment - Progress payments - Final payments where contractor measures and values orders Measurement and Valuation - Valuations: Measurement - Price basis - Overtime work Injury, Damage and Insurance - Contractors insurance of his liability Termination for Default - Insolvency of Contractor Settlement of Disputes - Mediation Appendix H : A1 TUPE Appendix H : A2 Equal Opportunities Appendix H : A3 Human Rights Appendix H : A4 The Environment Appendix H : A5 Criminal Record Bureau Checks Appendix H : A6 Freedom of Information Act 2000 Appendix H : A7 Transparency Requirements Appendix I Guidance on Freedom of Info Act 2000 Compliant Yes No If no, state why and propose alternative. (Use additional sheet(s) if necessary) 71

73 NB Significantly non-compliant bids may be rejected. Signature Name. Position Company Date 72

74 SCHEDULE 7 TENDER CHECKLIST Please tick checklist to indicate that copies of all relevant documents are enclosed. Section SECTION A Schedule 3 Required Documents COMMERCIAL SECTION PLEASE NOTE: Only 1 copy of pricing schedule in the 2 hard copies submitted (1 priced / 1 un-priced) Pricing Schedule / Schedule of Rates Document enclosed Yes/No Comment 2 hard copies & 1 electronic copy Schedule 1 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Form of Tender Schedule of Reserved Info Specification Compliance Statement Conditions of Contract Compliance Statement Tender Checklist SECTION B Schedule 2 Section A A1 A2 A3 A4 A5 Section B B1 Section C C1 C2 Section D D1 D2 Section E E1 E2 Section F F1 F2 F3 Section G G1 Additional TECHNICAL SECTION (2 hard copies & 1 electronic copy) Method Statement Resourcing & Managing the Works Management Structure Team Members and Qualifications CRB Process Priority Coding Response Sub Contractors Implementation Plan Method Statement Work Flow Progress Work Flow / Sample Documents Performance Monitoring Reporting Capabilities Reporting Methods Administrative process Trading Capability E-Trading Capability Invoice / Worksheet Format Health and Safety CDM Health & Safety Development Plan Health and Safety Policy Documented Evidence of Health and Safety training, including Asbestos awareness training Apprentice Skills and Training Method Statement Other Copies of Latest Insurance Certificates for Employers and Public Liability. 73