Guidance and toolkit for developers and contractors

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1 Thriving communities, affordabe homes SKILLS AND KNOWLEDGE Guidance and tookit for deveopers and contractors Empoyment and skis guidance

2 Foreword Contents At any time, maintaining and creating jobs is a priority. Against the backdrop of the current economic cimate, now more than ever it is absoutey vita. As the nationa housing and regeneration agency, we have an important roe to pay in maximising empoyment opportunities, as we as heping to ensure that industry has the necessary skis to buid the homes and communities the country needs. We beieve that homes and jobs shoud go hand in hand and we re working hard to safeguard and create empoyment and skis opportunities through our investment in housing and regeneration. That is why we are embedding empoyment and skis initiatives in our operations and encouraging our partners to do the same. We re committed to providing practica advice to support this work. So in partnership with ega and procurement experts, we ve deveoped this empoyment and skis guidance and a tookit for deveopers and contractors. This guidance wi hep our partners to deveop and impement robust empoyment and skis strategies and buid requirements into their procurement processes of construction projects. It provides a framework for deveopers, contractors and their suppy chains and incudes tender documentation; tempates for procurement and contract causes; benchmarks that set outputs required per scheme; and best practice exampes of successfu empoyment and skis initiatives sourced from across the country. This guidance buids on government and oca authority guidance previousy commissioned by ConstructionSkis. We are reiant on the commitment and efforts of our partners and we hope that this new guidance wi support our coective bid to safeguard and create empoyment opportunities. 1 Introduction 4 2 Background 6 3 Overview of the HCA s empoyment and skis strategy 7 4 Guide to the incusion of empoyment and skis requirements 12 into the procurement process Appendices Appendix A Tempate for empoyment and skis pan for tender and reporting 14 Appendix B Summary of empoyment and skis areas 15 Appendix C Tempate procurement and contract causes 19 Appendix D Issues reating to deivery of the empoyment and skis areas 30 Appendix E Benchmarks 34 Appendix F Empoyment and skis strategy workbook 40 Appendix G Tempate monitoring form 48 Appendix H Best practice exampes 50 Sir Bob Kersake chief executive The (HCA) Find out more about our work at: skis.homesandcommunities.co.uk For further information about our empoyment and skis initiatives pease contact Yasmin Fearon, empoyment and skis team eader: yasmin.fearon@hca.gsx.gov.uk Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 3

3 Introduction Deveopers and contractors have ong been at the forefront of creating and impementing empoyment and skis opportunities across a range of construction trades and support services, which in turn, has provided significant opportunities for the communities that they work in. Housing and regeneration pay a huge roe in the country s economy, not ony as a catayst for regeneration and renewa, but as a major empoyer and contributor to our gross domestic product. As a nationa housing and regeneration agency with a 17.3 biion of investment between , we beieve that we have an important roe in heping to deiver not ony affordabe homes but aso the empoyment and skis opportunities to enabe communities to prosper and thrive ong term. We ca this the empoyment and skis dividend (or added vaue) of our work of providing new affordabe homes and creating strong and thriving communities. The guidance and tookit is based on essons earned from the Nationa Skis Academy for Construction (NSAfC) programme, which integrates skis deveopment with major construction projects, incuding a number of housing projects. The programme has been estabished since 2007 and invoves 40 major construction projects throughout the UK. It incudes the deivery of an empoyment and skis pan (ESP), which is deveoped to refect the profie of the individua construction projects. Athough, the guidance and tookit is based on a construction mode, the principes can aso be appied to the procurement of non-construction works and services. The HCA understands that given their ead in this area of work, many deveopers and contractors wi aready have deveoped very successfu empoyment and skis strategies. To this extent, we are not making the adoption of the approach within this guidance and tookit mandatory. However, since the Agency wi be drawing on the approach set out in this guidance and tookit in informing its own empoyment and skis strategy and requirements for data coection and coation, partners may find it hepfu to check their approach against the advice contained within this guidance and tookit. The HCA is preparing a separate document which wi set out the empoyment and skis requirements that we expect a our investment partners to compy with. This document wi outine what we wi need our investment partners to commit, deiver, monitor and report on empoyment and skis if they receive funding incuding the sae or use of HCA and. As part of our commitment to the empoyment and skis agenda, we have now made it a condition of our capita investment, incuding the sae or use of and, for a deivery partners to provide apprenticeships, empoyment and skis opportunities. By prioritising our roe in creating opportunities for empoyment, skis and training, we firmy beieve we wi hep communities to prosper and thrive ong term. It wi aso hep to grow and keep a skied workforce to meet the chaenges of the modern word and future industries. The guidance and tookit incudes: Good practice information on the use of an empoyment and skis strategy and the deveopment of an ESP A guide to the incusion of empoyment and skis requirements into the procurement process Tempate benchmarks reating to empoyment and skis areas Best practice exampes of the deveopment and The purpose of this guidance and tookit is to share what is fast becoming the standard industry deivery approach across housing and regeneration and to provide our deveoper and contractor partners with the toos to pay their part in creating empoyment and skis opportunities, adding vaue and creating socia and economic benefits for the communities and neighbourhoods in which they work. impementation of ESPs A tempate ESP A summary of the empoyment and skis areas and potentia issues surrounding them Tempate procurement and contract causes Guidance as to the incusion of sma and medium enterprises This guidance and tookit provides practica information on how deveopers and contractors can deveop their own empoyment and skis strategies, incude opportunities for empoyment and skis initiatives through their procurement practices and discusses how this can be evauated and used as an incentive throughout the project itsef. (SMEs) and suppy diversity An empoyment and skis strategy workbook to assist with deveoping empoyment and skis strategies. 4 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 5

4 Background The HCA has appointed Trowers and Hamins LLP soicitors, working with ConstructionSkis Limited and The Skis Project Limited, as ead consutants to provide this guidance to assist deveopers and contractors to deveop and impement cient-ed empoyment and skis strategies on construction projects. Separate guidance has been commissioned by the HCA for registered providers. Equivaent guidance has been created by the same team of consutants for the deveopment and impementation of cient-ed empoyment and skis strategies by oca authorities and centra government departments and agencies and a summary of these is avaiabe at Deveoping an empoyment and skis strategy Whether in response to a project initiated by a third party or when formuating proposas for a project that it is initiating itsef, the deveoper/contractor firsty needs to identify the empoyment and skis areas which they woud ike to support. If working with a oca authority in reation to a particuar scheme, the deveoper/contractor shoud aso (on a vountary basis) seek to incorporate the priorities of that oca authority s Sustainabe Communities Pan but within the 12 empoyment and skis areas. In the Nationa Skis Academy for Construction framework, which is based on the Sector Skis agreement (deveoped by ConstructionSkis and the industry) and is becoming the industry adopted approach, empoyment and skis areas come under three headings: i) new entrants ii) existing workforce iii) skis cuture See appendix B for exampes of the empoyment and skis areas. An exampe of an outine empoyment and skis strategy workbook has been incuded at appendix F to highight a number of the considerations to be taken into account by a deveoper/contractor when deveoping its own empoyment and skis strategy. The minimum benchmarks provided in appendix E for new buid and refurbishment schemes have been taken from experience gained from existing Nationa Skis Academy for Construction schemes and an anaysis of abour patterns within the industry. The benchmarks have been prepared across a range of different construction vaue bands refecting the differing eve of potentia in terms of outputs and scope of empoyment and skis areas that they can support. In practice, the potentia outputs from the impementation of the ESP wi vary between schemes of a simiar size due to differences in the form of construction and nature of the construction process. Another key variabe wi be the capabiity and effectiveness of suppy chain members in contributing to the empoyment and skis strategy. This can be best managed by the deveoper/contractor through procurement and contract monitoring processes. Tabe 1 iustrates the degree to which schemes may be abe to support certain empoyment and skis areas depending on their size. Gauging the impact of the strategy In order to understand the eve of empoyment and skis outputs that can be achieved for given eves of construction activity, benchmarks can be incorporated into the empoyment and skis strategy, which hep to gauge the potentia impact of the strategy. 6 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 7

5 Tabe 1: These are the guide benchmarks for the median vaue of projects within each band. 000 s New entrants Band Band Band ,000 Band 4 1,000-3,500 Band 5 3,500-10,000 Band 6 10, Schoo/coege/university site visits 2. Schoo/coege workshops 3. Research projects 4. Work experience years 5. Work experience 16+ years 6. Apprentices existing (safeguarded) 7. Apprentices project initiated (created) Existing workforce 8. Heath and safety training 9. Vocationa quaifications 10. Construction Skis Certification Scheme (CSCS) skis cards Skis cuture 11. Short courses 12a. Progression into empoyment (under 6 months) 12b. Progression into empoyment (over 6 months) Pease see appendix B for detais of the empoyment and skis areas. Deivery issues for the empoyment and skis pan The ESP sets out the output figures for each of the empoyment and skis areas for the duration of the scheme. It is recognised that the impementation and management of the agreed ESP can be compex and it wi need input from the deveoper/contractor and its suppy chain. The successfu impementation of an ESP wi require the foowing: i) deveopment of the method statement ii) provision of guidance on deivery issues iii) review of suppy chain order detais iv) monitoring and support from the deveoper/contractor incuding the provision of standard documentation v) in cases where there is more than one deveoper/ contractor, individua ESPs that contribute to the overarching scheme ESP. Deveopment of the method statement A method statement for the impementation of the ESP wi be a requirement during the tender process (the method statement). Prior to entering into a scheme-specific contract or framework agreement, the deveoper/contractor shoud confirm or produce a more detaied method statement setting out how each of the areas in the ESP wi be impemented. When using a framework agreement, a scheme-specific ESP and method statement shoud be produced for each individua scheme, which wi be derived from a generic method statement deveoped for the entire framework programme. Provision of guidance on deivery issues Deivery of the ESP wi require considerabe coaboration between a number of agencies and organisations. Many sector skis councis such as ConstructionSkis, Asset Skis, Summit Skis and LANTRA (the sector skis counci for the environment and and based services) and others such as the Nationa Apprenticeship Service, through their network of advisors, may be abe to support main contractors and their suppy chain partners with deivery matters. An outine of key issues reating to the deivery of a number of major empoyment and skis areas is set out in appendix D. Review of suppy chain order detais Suppy chain partners working on ESP schemes and frameworks shoud be invoved with the deveopment of the ESP at the eariest opportunity. An appendix in the suppy chain order shoud set out the eve of invovement which wi be required from suppy chain partners. This shoud aso be reviewed by the deveoper/contractor with its suppy chain partners during any pre-commencement meeting. Monitoring and support from the deveoper/contractor The deveoper/contractor ESP shoud set out on a monthy basis the anticipated outputs against each of the empoyment and skis areas. Pease see appendix A for a tempate ESP. A tempate monitoring form has been provided at appendix G, which woud set out the ESP forecast figures against what has been achieved within that month or quarter. This coud be compemented by a quaitative report expaining the outputs and setting out other achievements within that period. The deveoper/contractor shoud acknowedge the amount of work and effort that wi have been provided by its suppy chain in the successfu deivery of a chaenging ESP. Site-based faciities and setting up a skis centre Some site-based faciities wi be required for impementing an ESP. These woud be used for accommodating schoo visits, on site assessment inductions, skis audits, etc. On sma and medium sized schemes an existing meeting room coud be used for these purposes. A dedicated skis centre coud be appropriate for arge schemes of. This coud be a site cabin fitted out with tabes and chairs, a white board and computer. Some regeneration schemes may aready have simiar faciities and deveopers/contractors shoud be encouraged to make use of these faciities rather than dupicate effort and to work coaborativey across projects. Personne responsibe for deivery The method statement wi set out how the deveoper/ contractor intends to manage the impementation of the ESP. On sma and medium sized schemes this coud be the responsibiity of the site manager with head-office support. Some deveopers/contractors may have interna personne who have responsibiity within the company for coordinating and faciitating training and schoo engagement activities, for exampe. 8 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 9

6 Deivery issues for the empoyment and skis pan The ESP sets out the output figures for each of the empoyment and skis areas for the duration of the scheme. It is recognised that the impementation and management of the agreed ESP can be compex and it wi need input from the deveoper/contractor and its suppy chain. The successfu impementation of an ESP wi require the foowing: i) deveopment of the method statement ii) provision of guidance on deivery issues iii) review of suppy chain order detais iv) monitoring and support from the deveoper/contractor incuding the provision of standard documentation v) in cases where there is more than one deveoper/ contractor, individua ESPs that contribute to the overarching scheme ESP. Deveopment of the method statement A method statement for the impementation of the ESP wi be a requirement during the tender process (the method statement). Prior to entering into a scheme-specific contract or framework agreement, the deveoper/contractor shoud confirm or produce a more detaied method statement setting out how each of the areas in the ESP wi be impemented. When using a framework agreement, a scheme-specific ESP and method statement shoud be produced for each individua scheme, which wi be derived from a generic method statement deveoped for the entire framework programme. Provision of guidance on deivery issues Deivery of the ESP wi require considerabe coaboration between a number of agencies and organisations. Many sector skis councis such as ConstructionSkis, Asset Skis, Summit Skis and LANTRA (the sector skis counci for the environment and and based services) and others such as the Nationa Apprenticeship Service, through their network of advisors, may be abe to support main contractors and their suppy chain partners with deivery matters. An outine of key issues reating to the deivery of a number of major empoyment and skis areas is set out in appendix D. Review of suppy chain order detais Suppy chain partners working on ESP schemes and frameworks shoud be invoved with the deveopment of the ESP at the eariest opportunity. An appendix in the suppy chain order shoud set out the eve of invovement which wi be required from suppy chain partners. This shoud aso be reviewed by the deveoper/contractor with its suppy chain partners during any pre-commencement meeting. Monitoring and support from the deveoper/contractor The deveoper/contractor ESP shoud set out on a monthy basis the anticipated outputs against each of the empoyment and skis areas. Pease see appendix A for a tempate ESP. A tempate monitoring form has been provided at appendix G, which woud set out the ESP forecast figures against what has been achieved within that month or quarter. This coud be compemented by a quaitative report expaining the outputs and setting out other achievements within that period. The deveoper/contractor shoud acknowedge the amount of work and effort that wi have been provided by its suppy chain in the successfu deivery of a chaenging ESP. Site-based faciities and setting up a skis centre Some site-based faciities wi be required for impementing an ESP. These woud be used for accommodating schoo visits, on site assessment inductions, skis audits, etc. On sma and medium sized schemes an existing meeting room coud be used for these purposes. A dedicated skis centre coud be appropriate for arge schemes of. This coud be a site cabin fitted out with tabes and chairs, a white board and computer. Some regeneration schemes may aready have simiar faciities and deveopers/contractors shoud be encouraged to make use of these faciities rather than dupicate effort and to work coaborativey across projects. Personne responsibe for deivery The method statement wi set out how the deveoper/ contractor intends to manage the impementation of the ESP. On sma and medium sized schemes this coud be the responsibiity of the site manager with head-office support. Some deveopers/contractors may have interna personne who have responsibiity within the company for coordinating and faciitating training and schoo engagement activities, for exampe. For arger schemes or framework programmes of over 50m, there coud be a case for having a dedicated project skis coordinator. Their roe woud be to coordinate and faciitate the range of empoyment and skis areas. This woud invove iaising with the site team, trade contractors, schoos, coeges and training agencies. Costings The deivery of an ESP does have certain costs associated with it. However, best practice demonstrated on a number of Nationa Skis Academy for Construction schemes shows that costs, as a proportion of construction vaue, can be reativey ow. The main cost is that associated with the management and deivery of the ESP. For the arger schemes this coud incude the roe of a dedicated project skis coordinator together with a site based skis centre. On smaer schemes, which do not justify a dedicated skis coordinator, this management roe may be undertaken by a part-time skis coordinator, the cost of which wi form part of the deveoper/contractor overheads for the scheme. As deveopers/contractors become more practiced at deivering ESPs, it is ikey that they wi increasingy empoy speciaist staff to assist with this requirement. Other costs such as wages of apprentices are often abe to be absorbed by the suppy chain companies who empoy them. Wage costs can often be significanty off-set against the productivity of the apprentice together with grants, which may be drawn down by the company empoying them. 10 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 11

7 Guide to the incusion of empoyment and skis requirements into the procurement process Appendices: Tempate tender documentation To provide guidance to deveopers/contractors, appendix C incudes expanatory paragraphs which coud be incuded into suppy chain tender documentation to describe the empoyment and skis requirements for tenderers. Contract causes Appendix C incudes tempate contract causes, which can be incorporated at each stage of the suppy chain procurement process and in standard construction contracts such as the ACA Standard Form of Contract for Project Partnering, PPC2000, NEC3 Engineering and Construction Contract 2005, JCT Design and Buid Contract 2005 and a bespoke framework agreement and project contract. It is appreciated that in many cases deveopers/contractors wi not be appointing separate main contractors and, in such circumstances, it is envisaged that deveopers/contractors can adapt the tempate wording as appropriate for use in their other suppy chain contracts. Deveopers/contractors shoud seek their own ega advice on procurement processes and contracts. Appendix A Tempate for empoyment and skis pan for tender and reporting Appendix B Summary of empoyment and skis areas Appendix C Tempate procurement and contract causes Appendix D Issues reating to deivery of the empoyment and skis areas Appendix E Benchmarks Appendix F Empoyment and skis strategy workbook Appendix G Tempate monitoring form Appendix H Best practice exampes 12 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 13

8 Appendix A Tempate for empoyment and skis pan for tender Appendix B Summary of the empoyment and skis areas Empoyment and skis areas Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 Month 11 Month 12 Target The purpose of this section is to provide outine detais of the empoyment and skis areas that are contained within the empoyment and skis pan. It aso provides guidance on competing the output figures covering both monthy anticipated outputs and summary information. Pease refer to appendix A for the ESP tempate. New entrants New entrants 1. Schoo/coege/university site visits no. of students 2. Schoo/coege workshops no. of students 3. Research projects no. 4. Work experience years no. of peope 5. Work experience 16+ years no. of peope 6. Apprentices existing (safeguarded) no. of peope 7. Apprentices project initiated starts (created) no. of peope 1. Schoo/coege/university site visits by students to support their earning. 1. ESP monthy outputs number of students 1a. ESP monthy outputs number of visits 1. ESP summary information tota number of students 1a. ESP summary information tota number of visits. 2. Schoo workshops educationa workshop activities that are deivered by the contractor or their suppy chain within the schoo or coege, or on-site. This is to support the Construction and Buit Environment Dipoma and other reevant areas of the educationa curricuum. 2. ESP monthy outputs number of students 2a. ESP monthy outputs number of workshops 2. ESP summary information tota number of students 2a. ESP summary information tota number of workshops. Existing workforce 8. Heath and safety training no. of peope 9. Vocationa quaifications no. 10. Construction Skis Certification Scheme (CSCS) skis cards no. Skis cuture 11. Short courses no. of peope 12a. Progression into empoyment (under 6 months) no. of peope 12b. Progression into empoyment (over 6 months) no. of peope 3. Research projects supporting schoos, coeges and higher education with the provision of information, resources and access. 3a. ESP monthy outputs number of research projects 3b. ESP summary information tota number of research projects that have been undertaken on the scheme. 4. Work experience years work experience pacements with the site team or trade contractors. This can incude bock pacements of one week or more, or one/two days per week. A work experience pacement is to be a minimum of five days in tota. 4. ESP monthy outputs number of peope 4a. ESP monthy outputs tota number of peope days in the month of work experience (ie two peope for five days is 10 peope days) 4. ESP Summary information tota number of peope 4a. ESP Summary information tota number of peope days. 14 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 15

9 New entrants Existing workforce - skis deveopment 5. Work experience 16+ years work experience pacements with the site team or trade contractors. This can incude bock pacements of one week or more, or one/two days per week. It can aso incude Entry to Empoyment and University Student pacements that wi be particuary reevant for arger projects. A work experience pacement is to be a minimum of 20 days. 5. ESP monthy outputs number of peope 5a. ESP monthy outputs tota number of peope in the month of work experience 5a. ESP summary information tota number of peope 5. ESP summary information tota number of peope days of work experience. 6. Apprentices existing (safeguarded) individuas who are empoyed on an apprenticeship programme recognised by the reevant sector skis counci and who were aready an apprentice prior to starting on the scheme. 6. ESP monthy outputs number of peope (existing apprentices) starting on site 6a. ESP monthy outputs number of apprentices expressed in peope weeks (i.e. two apprentices on site for four weeks is equa to eight peope weeks) 6. ESP summary information tota number of peope (existing apprentices starting on site) 6a. ESP summary information tota number of apprentices expressed in peope weeks divided by 52. (ie 380 peope days divided by 52 equas 7.3 apprentices on a fu-time equivaent basis). 8. Heath and safety training workers taking certified and industry recognised training courses. These coud incude NEBOSH, SMSTS, PASMA, abrasive whees etc. 8. ESP monthy outputs number of peope receiving heath and safety training 8a. ESP monthy outputs tota number of peope days of heath and safety training (ie eight hours of training is one day, eight peope receiving two hours of training is equivaent to two peope days) 8. ESP summary information tota number of peope receiving heath and safety training 8a. ESP summary information tota number of peope days of heath and safety training. 9. Nationa Vocationa Quaifications (NVQs) and other vocationa quaifications workers undertaking on site assessments to achieve Nationa Vocationa Quaification eves 2-5. Further and higher education quaifications such as Nationa Certificates, Higher Nationa Certificates and Foundation Degrees can aso be incuded in this section. 9. ESP monthy outputs number of workers inducted on an NVQ or starting a further or higher education quaification 9a. ESP monthy outputs tota number of workers competing NVQs or other vocationa quaifications 9. ESP summary information number of workers inducted on an NVQ or starting a further or higher education quaification 9a. ESP summary information tota number of workers competing NVQs or other vocationa quaifications. 7. Project initiated apprentices (created) - an individua who has been recruited as part of the scheme and is empoyed on an apprenticeship programme recognised by the reevant sector skis counci. 7. ESP monthy outputs number of starts in month for project initiated apprentices 7a. ESP monthy outputs number of apprentices expressed in peope weeks (ie two apprentices on-site for four weeks is equa to eight peope weeks). 7. ESP summary information tota number of project initiated apprentice starts 7a. ESP summary information tota number of apprentices expressed in peope weeks divided by Construction Skis Certification Scheme (CSCS) skis card A ski card demonstrates that the hoder is competent in their respective roe. Workers wi need to have the appropriate NVQ or equivaent quaification and have passed the appropriate heath and safety test. Detais can be found on ESP monthy outputs number of workers in the month who have been issued with a CSCS skis card with the appropriate vocationa quaification (this excudes cards which have been issued as renewas) 10a. ESP monthy outputs percentage of workers on site who hod an appropriate skis card 10. ESP summary information tota number of workers who have been issued with a CSCS skis card with the appropriate vocationa quaification 10a. ESP summary information average of the monthy percentage figures for workers on site who hod an appropriate skis card. 16 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 17

10 Appendix C - Tempate procurement and contract causes for: Deveopment of a skis cuture and infrastructure 11. Short courses covering topics such as eadership and management, basic skis, Engish for Speakers of Other Languages (ESOL), waste management, work-based recorder training, etc. One person is equivaent to one day of training. 11. ESP monthy outputs number of individuas undertaking training. 11a. ESP monthy outputs tota number of peope days of training (ie eight hours training is one day, two peope receiving two hours of training is equivaent to 0.5 peope days). 11. ESP summary information tota number of individuas undertaking training. 11a. ESP summary information tota number of peope days of training. 12a. Progression into empoyment peope who have been registered unempoyed for up to six months being offered work asting at east 13 weeks. This does not incude apprenticeships. 12b. Progression into empoyment peope who have been registered unempoyed for more than six months being offered work asting at east 13 weeks. This does not incude apprenticeships. 12a & b. ESP monthy outputs number of individuas who have started empoyment. 12a & b. ESP summary information tota number of individuas who have been supported into empoyment with empoyment asting 13 weeks or more. 1 Pre-quaification questionnaire 2 Invitation to tender 3 Buiding contracts 3.1 ACA Standard Form of Contract for Partnering PPC2000 (amended 2008) 3.2 NEC3 Engineering and Construction Contract (3rd edition June 2005) 3.3 JCT Design and Buid Contract 2005 (Revision ) 3.4 Bespoke framework agreement 3.5 Bespoke project contract. Pre-quaification questionnaire The foowing questions can be inserted in the deveoper/ contractor pre-quaification questionnaire issued to suppy chain members. These shoud assist in assessing the suppy chain member s technica capacity and experience in reation to skis, deveopment training and apprenticeship schemes. support towards securing a coege pace for workforce operatives financia support towards studies for workforce operatives financia support for the provision of professiona quaifications or equipment Nationa Vocationa Quaifications (NVQs) through on site assessment (or nationa equivaent) work experience pacements for fu-time students scheme/project or programme-ed apprenticeships support for existing apprenticeships and/or recruitment of scheme initiated apprenticeships schoo engagement activities provision of pay as you earn opportunities within your organisation training to achieve Construction Skis Certification Scheme (CSCS) card quaification (or nationa equivaent) Pre-quaification questionnaire tempate causes professiona advice, guidance and support Pease detai your previous experience in impementing skis deveopment, empoyment, apprenticeship or training schemes on simiar programmes or projects (in terms of vaue and scope of works/services to the proposed programme/project). Pease aso indicate if, on previous contracts, you have provided any of the foowing: empoyment and training events. Pease provide brief detais of how you have achieved and impemented each initiative on a project specific basis whether pursuant to contractua commitments or otherwise. Have you faied to meet any agreed targets or commitments reating to any of the above and, if so, why? 18 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 19

11 Invitation to tender tempate causes Pease note beow the tempate causes for competion and subsequent incusion in an invitation(s) to tender are as foows: [The deveoper/contractor] wi require the successfu [sub-contractor] [suppier] to work with it, as part of the deivery of the [works] [services] [suppies] in transforming the community [in a rea and sustainabe manner.] To this end, tenderers are required to compete an empoyment and skis pan (ESPs) and method statement as outined beow and in accordance with the guidance in Appendices [ ] and [ ] of this Invitation to Tender. These causes are based on the requirements set out in the empoyment and skis strategy. The appendices to this guidance can be used in an invitation to tender to provide further guidance, benchmarks and tempate empoyment and skis pans (ESPs) and method statements. Tender action point 1: empoyment and skis pan Tenderers are required to compete an ESP in reation to the works/services/suppies covering the foowing empoyment and skis areas from the tabe opposite: New entrants skis deveopment 1. Schoo/university/coege site visits 2. Schoo workshops 3. Research projects 4. Work experience years 5. Work experience 16+ years 6. Apprentices existing (safeguarded) 7. Apprentices project initiated (created) Existing workforce - skis deveopment 8. Heath and safety training 9. Vocationa quaifications 10. ConstructionSkis Certification Scheme (CSCS Cards) Skis cuture 11. Short courses 12a. Progression into empoyment (under 6 months) Benchmarks are provided in Appendix [ ] to this Invitation to Tender for the minimum outputs for the ESPs. These are based on the project vaues as indicated. Tenderers are to use their own judgement as to what additiona outputs over and above the benchmarks they consider are achievabe in reation to the project. The tempate for the ESP is contained in Appendix [ ] to this Invitation to Tender. [Additiona tempate sheets shoud be used for contracts that wi exceed 12 months duration.] The output figures for the ESP are to indicate the minimum outputs for each month against the reevant empoyment and skis areas. The target coumn is aso to be competed showing the overa project target output figures. Guidance on the empoyment and skis areas is aso incuded within Appendix [ ]. Tenderers are requested to provide an unequivoca statement in the ESP that, if appointed, they wi meet a of the above requirements in reation to the works/services/suppies in accordance with the terms and conditions set out in the [contract]. Tender action point 2: empoyment and skis pan method statement Tenderers are required to provide a detaied method statement setting out how they intend to impement the empoyment and training requirements of [deveoper/contractor] and to deiver the ESP. The method statement shoud be restricted to [ ] words and ceary set out the proposed approach for deivering skis deveopment against the empoyment and skis areas, covering the foowing: i) who in the organisation wi be responsibe for managing the training scheme and overseeing the proposas? ii) how wi the target outputs as set out in the ESP be deivered? iii) how wi a and any heath and safety issues be managed? [Additiona tender action point to incude in the [price framework][pricing document]: Tenderers are required to incude a training and apprenticeship figure in the price framework to cover the contribution to the wages, costs of the trainees and apprentices and associated costs in supporting the training and apprenticeship arrangements set out in the ESP and method statement and fu detais of how that sum has been cacuated.] 3 Tender action point tempate contract causes (for adaptation and use by deveopers/contractors in their reevant suppy chain contracts) 3.1 ACA standard form of contract for project partnering PPC2000 (amended 2008) For incusion as a specia term in the project partnering agreement by reference to cause 28 of PPC2000 (amended 2008). 12b. Progression into empoyment (over 6 months) 20 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 21

12 Cause 28.1 Cause 28.2 Cause 28.3 Cause 28.4 Cause 28.5 Cause 28.6 Cause 28.7 Empoyment and skis In Appendix one, the foowing definitions sha be inserted: Empoyment and skis strategy the cient s empoyment and skis strategy forming part of the project brief ESP the project-specific empoyment and skis pan produced by the constructor and forming part of the project proposas to be compied with and impemented by the constructor in order to execute the empoyment and skis strategy Method statement the project-specific method statement produced by the constructor and forming part of the project proposas which sets out in detai how the constructor sha impement the ESP. Cause 14.1 of the partnering terms sha be amended by the insertion of the foowing at the end of the cause: (xiii) deveopment and finaisation by the constructor of the ESP and the method statement. Pursuant to cause 7.6 the constructor sha compy with and impement the ESP and method statement in accordance with the empoyment and skis strategy. The constructor sha nominate an individua to iaise with the cient representative and provide the cient representative with information as required to demonstrate the constructor s compiance with the ESP and method statement. The cient representative sha provide to the constructor information it has avaiabe to enabe the constructor to compy with and impement the ESP and method statement, incuding the detais isted in the empoyment and skis strategy 1. The constructor sha provide to the cient representative on a monthy basis, in accordance with the partnering timetabe and the project timetabe 2, a report (in a format to be agreed with the cient) outining the achievements during the previous month against the ESP and method statement and the empoyment and skis KPI and targets contained in Appendix eight, and provide detais of the various empoyment and skis activities deivered in the month. The cient representative sha be responsibe for monitoring the constructor s compiance with and impementation of the ESP and method statement, and such monitoring sha form part of the cient s assessment of the empoyment and skis KPI and targets. 3 Insert in cause 23.6 (Post-Project Competion review), after the words, KPI and Targets, the foowing words: (incuding the empoyment and skis KPI and Targets), and its compiance with and impementation of the ESP and the Method Statement. NEC3 Engineering and Construction Contract 2005 Option Z cause for incusion in the NEC3 Engineering and Construction Contract Z1 Empoyment and skis Z1.1 The foowing new definitions sha be added to core cause 11: The empoyment and skis strategy is the empoyer s empoyment and skis strategy forming part of the works information The ESP is the works-specific empoyment and skis pan produced by the contractor and forming part of the works information to be compied with and impemented by the contractor in order to execute the empoyment and skis strategy The method statement is the works-specific method statement produced by the contractor and forming part of the works information which sets out in detai how the contractor sha impement the ESP. Z1.2 The contractor compies with and impements the ESP and method statement in accordance with the empoyment and skis strategy. Z1.3 The contractor nominates an individua to iaise with the project manager and provides the project manager with information as required to demonstrate the contractor s compiance with the ESP and method statement. Z1.4 The project manager provides to the contractor information it has avaiabe to enabe the contractor to compy with and impement the ESP and method statement, incuding the detais isted in the empoyment and skis strategy 5. Z1.5 The contractor provides to the project manager on a monthy basis, in accordance with the reevant key dates 6, a report (in a format to be agreed with the empoyer) outining the achievements during the previous month against the ESP and method statement and the empoyment and skis key performance indicator contained in the [Schedue of Partners][Incentive Schedue 7 ], and provides detais of the various empoyment and skis activities deivered in the month. The project manager is responsibe for monitoring the contractor s compiance with and impementation of the ESP and method statement, and such monitoring forms part of the empoyer s assessment of the empoyment and skis key performance indicator. 8 Cause 28.8 Any and a costs reating to compiance with and impementation of the ESP and method statement by the constructor are incuded in the price framework 4. 1 (PPC2000) The cient shoud ensure that the project-specific information to assist the constructor with the impementation of the ESP and method statement is contained in the empoyment and skis strategy within the project brief. 2 (PPC2000) To ensure reguar monitoring of the constructor s achievement of the ESP, method statement, KPIs and targets, dates for submission of progress reports shoud be incuded in the partnering timetabe (in the form appended to the PPC2000 at Appendix six) and in the project timetabe annexed to the commencement agreement. 3 (PPC2000) In order to effectivey monitor and continuay incentivise the constructor s achievement of the ESP and method statement, a suitabe KPI and reevant targets directy referring to both shoud be inserted into Appendix eight ( KPIs and Targets ). Achievement of a KPI and targets can be inked to a share of profit in order to motivate the constructor towards fu impementation. Any KPI inked to termination must be referred to in the termination provisions at cause 26 of the partnering terms. 4 (PPC2000) The cient shoud be satisfied that the constructor has incuded in the price framework a costs in reation to the impementation of the ESP and method statement. 5 (NEC3) The empoyer shoud ensure that the works-specific information to assist the contractor with the impementation of the ESP and method statement is contained in the empoyment and skis strategy forming part of the works information. 6 (NEC3) To ensure reguar monitoring of the contractor s achievement of the ESP and method statement, dates for reviews shoud be incuded as key dates. 7 (NEC3) The conditions are drafted in the anticipation that a key performance indicator to cover empoyment and skis is incuded in reation to either option X12 (Partnering) or option X20 (key performance indicators). The key performance indicator shoud be set out either in the schedue of partners (in reation to option X12) or the incentive schedue (in reation to option X20). 8 (NEC3) In order to effectivey monitor and continuay incentivise the contractor s achievement of the ESP and method statement, a reevant key performance indicator shoud be inserted into either the schedue of partners (in reation to option X-12) or the incentive schedue (in reation to option X-20). Achievement of key performance indicator and targets can be inked to share of profit in order to motivate the contractor towards fu impementation. Any key performance indicators inked to termination must be referred to in the termination provisions in the contract. 22 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 23

13 Z1.6 The contractor and the project manager attend a meeting (convened by the project manager) after competion to review the competed works and the contractor s performance against the key performance; indicators (incuding performance against the empoyment and skis key performance indicator), and its compiance with and impementation of the ESP and method statement, and to consider the scope for further improvement on future projects. Z1.7 Any and a costs reating to compiance with and impementation of the ESP and method statement by the contractor are incuded in the [reevant contract pricing option] 9. JCT Design and Buid Contract 2005 (Revision 2) Suppementa provision 13 for incusion in Part two of Schedue two of the JCT Design and Buid Contract 2005 (Revision two). 13 Empoyment and skis 13.1 Insert in cause 1.1: Empoyment and skis strategy : the empoyer s empoyment and skis strategy forming part of the empoyer s requirements. ESP: the works-specific empoyment and skis pan produced by the contractor and forming part of the contractor s proposas to be compied with and impemented by the contractor in order to execute the empoyment and skis strategy. Method statement: the works-specific method statement produced by the contractor and forming part of the contractor s proposas which sets out in detai how the contractor sha impement the ESP The contractor sha compy with and impement the ESP and method statement in accordance with the empoyment and skis strategy The contractor sha nominate an individua to iaise with the empoyer s agent and provide the empoyer s agent with information as required to demonstrate the contractor s compiance with the ESP and method statement The empoyer s agent sha provide to the contractor information it has avaiabe to enabe the contractor to compy with and impement the ESP and method statement, incuding the detais isted in the empoyment and skis strategy Pursuant to Paragraph 11 of Part two of Schedue two, the contractor sha provide to the empoyer s agent on a monthy basis, in accordance with the reevant dates set out in the empoyment and skis strategy 11, a report (in a format to be agreed with the empoyer) outining the achievements during the previous month against the ESP and method statement and the empoyment and skis performance indicator contained in the contract documents, and provide detais of the various empoyment and skis activities deivered in the month. The empoyer s agent sha be responsibe for monitoring the contractor s compiance with and impementation of the ESP and the method statement and such monitoring sha form part of the empoyer s assessment of the empoyment and skis performance indicator (NEC3) The empoyer shoud be satisfied that the contractor has incuded in the reevant NEC3 contract pricing option a costs in reation to the impementation of the ESP and method statement. 10 (JCT) The empoyer shoud ensure that the works-specific information to assist the contractor with the impementation of the ESP and method statement is contained in the empoyment and skis strategy forming part of the empoyer s requirements. 11 (JCT) To ensure reguar monitoring of the contractor s achievement of the ESP and method statement, dates for reviews shoud be incuded in the empoyer s requirements. 12 (JCT) The contract provides for the use of performance indicators to measure the contractor s performance against reevant targets at Paragraph 11 of Part two of Schedue two (Suppementa Provisions). The empoyer shoud be satisfied the empoyer s requirements contain empoyment and skis performance indicators and any reevant incentives or consequences of not achieving the stated targets. Any performance indicators inked to termination must be referred to in the termination provisions in the contract. 24 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 25

14 13 Empoyment and skis (continued) 13.6 The contractor and the empoyer s agent sha attend a meeting (to be convened by the empoyer s agent) after practica competion of the works to review the competed works and the contractor s performance against the performance indicators (incuding performance against the empoyment and skis performance indicator) and its compiance with and impementation of the ESP and method statement, and to consider the scope for further improvement on future projects Any and a costs reating to compiance with and impementation of the ESP and method statement by the contractor are incuded in the contract sum anaysis 13. Bespoke framework agreement Note: defined terms such as cient, contractor, empoyment and skis manager, KPI practica competion, programme, project and site may need to be amended to use the appropriate defined terms in the framework agreement. Definitions Empoyment and skis manager Means [detais of empoyment and skis manager] nominated by the cient who sha assist with the reease of opportunities by the contractor into the abour and suppier market and whose roe sha incude the promotion of empoyment and skis opportunities within the oca market of [contract area]. Empoyment and skis strategy KPIs Means the cient s empoyment and skis strategy as set out in schedue [ ] to this agreement. Means the key performance indicators as set out in schedue [ ] to this agreement. Programme Means the programme of projects governed by this agreement comprising [ ]. Programme-specific ESP Programme-specific method statement Project Project contract Project-specific ESP Project-specific method statement Means the empoyment and skis pan produced by the contractor reating to the entire programme as set out in schedue [ ] to this agreement to be compied with and impemented by the contractor in order to execute the empoyment and skis strategy 14. Means the programme-specific method statement produced by the contractor reating to the entire programme as set out in schedue [ ] to this agreement to be deveoped by the contractor into project-specific method statements, which sets out in detai how the contractor sha impement each project-specific ESP. Means a project forming part of the programme. Means a contract entered into between the cient and contractor for the carrying out of each project pursuant to this agreement. Means the empoyment and skis pan reating to each project, to be deveoped by the contractor based on the programme-specific ESP to be compied with and impemented by the contractor in order to execute the empoyment and skis strategy throughout that project. Means the method statement reating to each project to be deveoped by the contractor based on the programme-specific method statement, which sets out in detai how the contractor sha impement the ESP throughout that project. 13 (JCT) The empoyer shoud be satisfied that the contractor has incuded in the reevant contract sum anaysis a costs in reation to compiance with and impementation of the ESP. 14 (Framework) These tempate framework agreement causes are drafted on the assumption that the ESP and method statement have been deveoped by the contractor on the basis of a fuy scoped programme. The cient s empoyment and skis strategy, the key performance indicators (KPIs) and the contractor s ESP and method statement shoud be appended as schedues to the agreement. 26 Guidance and tookit for deveopers and contractors Guidance and tookit for deveopers and contractors 27

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