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