Tender Document 01 Invitation to Tender (ITT)

Transcription

1 Tender Document 01 Invitation to Tender (ITT) Domestic Gas Heating Boiler and System Installations with an Option to include Sheltered Housing Communal/ Commercial Gas Boiler and System Installations Appendix D JCT Minor Works with Design (MWD) Contract Supplementary Provisions Reference: H1738 Revision Draft 2 nd December 2015

2 Stroud District Council H1738: Domestic Gas Heating Boiler and System Installation Contract (plus options) H1738 Contract Supplementary Provisions 2 of 18 02/12/2015

3 Joint Contracts Tribunal (JCT) Minor Works Building Contract with contractor s design 2011 Contract Agreement Date: [Date] This document records the terms of the Contract made between the Parties identified as the Employer and Contractor below. It is subject to the Articles of Agreement and Contract Particulars set out below and applies to and shall be read in conjunction with the JCT Standard Form of Minor Works Building Contract with contractor s design 2011 which includes the following provisions and Schedule 3 Supplemental Provisions (Eighth Recital), which also incorporates into the Contract the additional provisions and amendments to that Schedule set out below. Articles of Agreement Employer Name Stroud District Council Registered Office Address Company Registration Number Ebley Mill Ebley Wharf Stroud GL5 4UB Not applicable Contractor Name [xxxx] Registered Office Address Company Registration Number [xxxx] [xxxx] H1738 Contract Supplementary Provisions 3 of 18 02/12/2015

4 Recitals First Second Third Fourth Fifth Sixth Delete 2007 and insert 2015 Seventh Eighth Footnote [8] Delete the existing text and insert the following: Insert the name of the Principal Designer in Article 4 if the Architect/Contract Administrator is not to fulfil that role and that of the Principal Contractor in Article 5 if that is to be a person other than the Contractor. Under the CDM Regulations 2015, regardless of whether or not a project is notifiable, there is a requirement to appoint a principal designer and a principal contractor in all cases where there is more than one contractor, or if it is reasonably foreseeable that more than one contractor will be working on a project at any time. For these purposes, the term contractor is broadly defined by the regulations and treats the Contractor s sub-contractors as separate contractors. H1738 Contract Supplementary Provisions 4 of 18 02/12/2015

5 Articles Now it is hereby agreed as follows Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Contractor s Obligations. The Contractor shall carry and complete the Works instructed during the Contract Period in accordance with the Contract Documents. Contract Sum Payment. The Employer shall pay the Contractor at the times and in the manner specified in the Conditions amounts calculated by reference to the Submitted Prices and Rates and Form of Tender dated [xxxx]. Contract Administrator For the purposes of this Contract the Contract Administrator is: Name and role of Stroud District Council Ebley Mill Ebley Wharf Stroud GL5 4UB Principal Designer (Delete CDM Co-ordinator ) The Principal Designer for the purposes of the CDM Regulations is the Contractor or such replacement as the Employer at any time appoints to fulfil that role. Principal Contractor. The Principal Contractor for the purposes of the CDM Regulations is the Contractor or such replacement as the Employer at any time appoints to fulfil that role. Adjudication. Arbitration. Legal Proceedings. H1738 Contract Supplementary Provisions 5 of 18 02/12/2015

6 Contract Particulars Fifth Recital and Schedule 2 (paragraphs 1.1, 1.2, 1.5, 1.6, 2.1 and 2.2) Fifth Recital and clause 4.2 Sixth Recital Base Date (Usually the tender return date or 7 calendar days before) Construction Industry Scheme (CIS) CDM Regulations [12] [xxxx] The Employer at the commencement of the Contract Period is not a contractor for the purposes of the CIS. The project is notifiable Seventh Recital Framework Agreement (if applicable) (State date, title and parties) [xxxx] Eighth Recital and Schedule 3 Supplemental Provisions Collaborative working Health and safety Costs savings and value improvements Sustainable development and environmental considerations Performance Indicators and monitoring Notification and negotiation of disputes Where paragraph 6 applies, the respective nominees of the Parties are: Paragraph 1 applies Paragraph 2 applies Paragraph 3 applies Paragraph 4 applies Paragraph 5 applies Paragraph 6 applies Employer s nominee [Name etc., of Senior executive who meets to discuss and, if possible, agree on a dispute] H1738 Contract Supplementary Provisions 6 of 18 02/12/2015

7 Contractor s nominee [Name etc., of Senior executive who meets to discuss and, if possible, agree on a dispute] Article 7 Arbitration Article 7 and Schedule 1 do not apply 1.1 CDM Co-ordinator Delete 1.1 CDM Planning Period [14] Delete 1.1 CDM Regulations Delete 2007 and insert Construction Phase Plan Delete the existing text and insert the plan referred to in regulation 2 of the CDM Regulations, including any updates and revisions. 2.1 Carrying out the Works Contractors Obligations Carrying out the Works Contractors Obligations 2.3 Date for Commencement of the Works After Construction Phase Plan, delete (where applicable) and other and insert and Delete 11, 12 and 18 and insert 8 to 10 [xxxx] 2.3 Date for Completion [xxxx] 2.9 Liquidated Damages Liquidated damages [do not apply]. General damages may be due as set out in the Contract Document Operational Handbook Practical Completion Delete clause and insert clauses and 3 9 in respect of the supply of documents and information 2.11 Rectification period 12 months from the date of practical completion Sub-contracting Delete the existing text and footnote [30] and H1738 Contract Supplementary Provisions 7 of 18 02/12/2015

8 insert the following: each party to the sub-contract shall in relation to the Works and the site comply with applicable CDM Regulations; 3.9 CDM Regulations Undertakings to Comply 3.9 CDM Regulations Undertakings to Comply Clause CDM Regulations Appointment of Successors Clause 3.10 Delete Undertakings to comply [30] and footnote [30] Delete the existing text and insert the following: Each Party undertakes to the other that in relation to the Works and site he will duly comply with applicable CDM Regulations. In particular but without limitation: 1 the Employer shall ensure that the Principal Designer carries out his duties and, where the Contractor is not the Principal Contractor, shall ensure that the Principal Contractor carries out his duties under those regulations; 2 the Contractor in addition to any obligations under clause shall comply with regulation 15 and, where he is the Principal Contractor, with regulations 12 to 14; [31] 3 whether or not the Contractor is the Principal Contractor, compliance by the Contractor with his duties under the regulations, including any such directions as are referred to in regulation 15(3), shall be at no cost to the Employer and shall not entitle the Contractor to an extension of time; 4 if the Employer appoints a replacement for the Principal Designer or Principal Contractor, the Employer shall immediately upon that appointment notify the Contractor with details of the new appointee. Delete the clause heading, number and text H1738 Contract Supplementary Provisions 8 of 18 02/12/2015

9 4.3 Percentage of the total value of work, etc Interim Payments up to Practical Completion Work Interim Payments up to Practical Completion 95 percent Delete the existing text and insert the following: work properly executed and fully completed and commissioned (as determined by the Contract Administrator) in the preceding month, including any amounts ascertained or agreed under clauses 3.6 and 3.7; Delete the existing text 4.4 Percentage of the total amount to be paid to the contractor Supply of documentation for computation of amount to be finally certified 4.11 Schedule 2 Contribution, levy and tax changes 4.11 Schedule 2 Percentage addition for Fluctuations Option (paragraph 13) Contractors insurance: injury to persons or property (for any one occurrence or series of occurrences arising out of one event) 97 ½ percent Within 20 days of Completion or by the last working day of April each year if an annual final account is instructed by the Contract Administrator. Schedule 2 (Fluctuations Option) does not apply. Fluctuations will apply as set out in the Contract Document Operational Handbook. Fluctuations will apply as set out in the Contract Document Operational Handbook. [xxxx] H1738 Contract Supplementary Provisions 9 of 18 02/12/2015

10 5.4A, 5.4B and 5.4C 5.4A.1 and 5.4B.1.2 Insurance of the Works, etc. alternative provisions [18] Percentage to cover professional fees (If no other percentage is stated, it shall be 15 percent.) * Clause 5.4A (Works insurance by Contractor in Joint Names) * Clause 5.4B (Works and existing structures insurance by Employer in Joint Names) * Clause 5.4C (Existing structures insurance by Employer in own name) applies [xxxx] 6.4 Default by Contractor Insert at the end of sub clause the word: or Insert fails to comply with any Key Performance Indicator, 6.10 Termination by either Party Insert The Employer may, at any time before practical Completion of the Works and without recourse to the Employer by giving 12 calendar weeks notice in writing in which case clause will not apply 7.2 Adjudication [19] Nominating body: The Royal Institute of Chartered Surveyors Schedule 1 Arbitration (paragraph 2.1) Deleted Footnote [12] Footnote [14] Footnote [30] Footnote [31] Delete the existing text and insert the following: Under the CDM Regulations 2015 a project is notifiable if the construction work on a construction site is scheduled either to last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project or to exceed 500 person days. Deleted Deleted Delete the existing text and insert the following: Where the Employer is a domestic client, as defined in regulation 2, the Principal Contractor may also be responsible for carrying out certain of the client s duties under regulations 4, 6 and 8. H1738 Contract Supplementary Provisions 10 of 18 02/12/2015

11 Schedule 3 Supplemental Provisions (Eighth Recital) Additional Provisions 1. It is agreed between the parties that the Schedule 3 Supplemental Provisions (Eighth Recital) in the JCT Standard Form of Minor Works Building Contract with contractor s design 2011 incorporating Amendment 1 Issued March 2015 (effective from 6 April 2015) between the above Parties shall apply together with these Additional Provisions in the contract documents referred to in the JCT Standard Form of Minor Works Building Contract with contractor s design 2011 between the above Parties and that the amendments and additional provisions set out in: a. this Schedule (Supplemental Provisions); and b. the Invitation to Tender dated [xxxx] relating to the Works referred to in the JCT Standard Form of Minor Works Building Contract with contractor s design 2011 between the above Parties and the Contractor s response to that Invitation to Tender dated [xxxx] are hereby incorporated into the JCT Standard Form of Minor Works Building Contract with contractor s design 2011 between the above Parties. 2. In these Additional Provisions the references to the expressions set out below have the following meanings: a. Business Continuity Event a condition or conditions, an interruption or series of interruptions that affect the ability of an organisation to provide its normal level of service and support and/or maintain its functions, activities or viability; b. Employer in this document and the JCT Standard Form of Minor Works Building Contract with contractor s design 2011 shall also mean Client, as set out in the Invitation to Tender; c. FOIA means the Freedom Of Information Act 2000, as amended and any regulations made under that Act; d. Party means either the Employer or the Contractor and Parties refers to both of them; e. Services mean the works undertaken by the Contractor and/or provided to the Employer relating to an Instruction issued in accordance with the Contract; H1738 Contract Supplementary Provisions 11 of 18 02/12/2015

12 3. The JCT Standard Form of Minor Works Building Contract with contractor s design 2011 incorporating Amendment 1 Issued March 2015 (effective from 6 April 2015) is hereby added to and incorporates the following: 3.1. Early Warning Each of the Parties will promptly warn the other Party in writing of any matter or concern of which they become aware which in that Party 's reasonable opinion is likely to affect the costs or charges, programme or the quality of performance under the Specifications set out in the ITT or in relation to any instructions issued in accordance with the Contract Approvals No approval, express or implied, by the Contract Administrator or the Employer shall in any way diminish the Contractor 's obligations under this Contract or relieve him from compliance with any of its terms, nor shall any approval of drawings constitute an instruction for, or request for any Variation incorporated in it Assignment of Warranties and Guarantees 3.4. Freedom of Information The Contractor shall endeavour to obtain and assign to the Employer the benefit of any manufacturer s warranty or guarantee for any materials or goods supplied by the Contractor The Contractor shall assist and co-operate with the Employer to enable the Employer to comply with information disclosure obligations under the requirements of the FOIA and the Environmental Information Regulations. The Contractor shall and shall procure that any personnel involved in the provision of the Services shall: a. Transfer to the Employer all requests for information that it receives as soon as practicable and in any event within two (2) Business Days of receiving a request for information; b. Provide the Employer with a copy of all information in its possession, or power in the form that the Employer require within five (5) Business Days (or such other period as the Employer may specify) of a request from the Employer; and c. Provide all necessary assistance as reasonably requested by the Employer to enable the Employer to respond to the request for information within the time for compliance set out in the FOIA or the H1738 Contract Supplementary Provisions 12 of 18 02/12/2015

13 Environmental Information Regulations The Employer shall determine, in its absolute discretion, whether any information is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations In no event shall the Contractor respond directly to a request for information unless expressly authorised to do so by the Employer The Employer may, in accordance with the Secretary of State for Constitutional Affairs Code of Practice on the Discharge of the Functions of Public Authorities under Part 1 of the FOIA, be obliged under the FOIA, or the Environmental Information Regulations to disclose information concerning the Contractor or the Services in certain circumstances: a. Without consulting the Contractor; or b. Following consultation with the Contractor and having taken their views into account Where this paragraph applies the Employer shall, where appropriate, give the Contractor advanced notice, or failing that, to draw the disclosure to the Contractor s attention after any such disclosure The Contractor shall ensure that all information is retained for disclosure and shall permit the Employer to inspect such records as requested from time to time Data Protection The Contractor shall and shall procure that any personnel involved in the provision of the Services comply with any notification requirements under the Data Protection Legislation and both Parties will duly observe all their obligations under the Data Protection Legislation arising in connection with this Contract If the Contractor processes personal data as a data processor for the Employer the Contractor shall have in place appropriate technical and contractual measures to ensure the security of the personal data (and guard against unauthorised or unlawful processing of the personal data and against accidental loss or destruction of, or damage to, the personal data), as required under the Data Protection Legislation; and a. Provide the Employer with such information as the H1738 Contract Supplementary Provisions 13 of 18 02/12/2015

14 Employer may reasonably require to satisfy itself that the Contractor is complying with its obligations under the Data Protection Legislation, b. Promptly notify the Employer of any breach of the security measures required to be put in place pursuant to this paragraph 3.5, and c. Ensure it does not knowingly or negligently do or omit to do anything which places the Employer in breach of the Employer s obligations under the Data Protection Legislation The provisions of this paragraph 3.5 shall apply during the Services and indefinitely after the expiry or termination of this Contract Housing Ombudsman 3.7. Safeguarding Children and The Contractor shall fully co-operate with any enquiry or investigation by the Housing Ombudsman or the Employer which in any way concerns affects or relates to the Contract. This shall include providing access to: a. Originals or copies of documents, letters, notes, minutes, records or any other information (whether held or stored electronically, in hard copy format or otherwise) relating to the investigation, b. Premises, vehicles, plant, equipment (including IT hardware and software) or other assets used by the Contractor under the Contract, and c. The Contractor's employees carrying out the Contract (including management or supervisory staff) or who may be the subject of, or be named in any enquiry or investigation by the Housing Ombudsman (including providing suitable facilities for interviewing the employees) The Contractor shall pay to the Employer the whole or an appropriate part of any compensation paid or the value of any other benefit given by the Employer to any person following a report or investigation by the Housing Ombudsman which clearly identifies the Contractor or any subcontractor as being wholly or partly responsible for any maladministration or other failure and recommends compensation to be paid The parties acknowledge that the Contractor is a Regulated Activity Provider with ultimate responsibility H1738 Contract Supplementary Provisions 14 of 18 02/12/2015

15 Vulnerable Adults Domestic Gas for the management and control of the Regulated Activity provided under this Contract and for the purposes of the Safeguarding Vulnerable Groups Act The Contractor shall: a. Ensure that all individuals engaged in the provision of the Services are subject to a valid enhanced disclosure check undertaken through the Disclosure and Barring Service including a check against the adults' barred list or the children's barred list, as appropriate; and b. Monitor the level and validity of the checks under for each member of staff The Contractor warrants that at all times for the purposes of this Contract it has no reason to believe that any person who is or will be employed or engaged by the Contractor in the provision of the Services is barred from the activity in accordance with the provisions of the Safeguarding Vulnerable Groups Act 2006, any regulations made under it and as amended from time to time The Contractor shall immediately notify the Employer of any information that it reasonably requests to enable it to be satisfied that the obligations of this paragraph 3.7 have been met The Contractor shall refer information about any person carrying out the Services to the Disclosure and Barring Service where it removes permission for such person to carry out the Services (or would have, if such person had not otherwise ceased to carry out the Services) because, in its opinion, such person has harmed or poses a risk of harm to Tenants OR children OR vulnerable adults The Contractor shall not employ or use the services of any person who is barred from, or whose previous conduct or records indicate that he or she would not be suitable to carry out Regulated Activity or who may otherwise present a risk to Tenants, children or vulnerable adults. H1738 Contract Supplementary Provisions 15 of 18 02/12/2015

16 3.8. Business Continuity In order to support the Employer s business continuity and emergency planning obligations as defined in by the Civil Contingencies Act 2004, the Contractor shall sustain throughout the provision of Services documented arrangements ( Contractor s Business Continuity Arrangements ) to effectively protect the Employer from the consequences of business interruptions or a Business Continuity Event. Such arrangements must fully integrate with the Employer s own business continuity arrangements and include plans for restoring and maintaining the delivery of the Services and for maintaining communication with the Employer Upon the occurrence of a Business Continuity Event, the Contractor shall invoke its own business continuity arrangements and shall continue to deliver the Services in accordance with the Specification, allowing for such variations to the Services as may reasonably be required in the circumstances The Contractor shall undertake a test of its business continuity arrangements no less than once per annum, or more frequently if it is practicable under this Agreement The Contractor shall inform the Client when such tests or exercises are scheduled (providing at least one months notice) and, if requested to do so provide outcomes of these tests or exercises to the Client in writing The Employer reserves the right to attend any business continuity test or exercise undertaken by the Contractor and to invite the Contractor to any relevant exercises held by the Employer The Employer reserves the right to audit the Contractor s business continuity arrangements, but will accept audits that cover the works/goods/services carried out by a United Kingdom Accreditation Service accredited auditor, provided that the scope of the audit covers the services delivered by the Contract The Contractor shall promptly (and in any case within three months) implement any actions or remedial measures which the Contractor or Employer considers to be necessary as a result of audits; tests or exercises; H1738 Contract Supplementary Provisions 16 of 18 02/12/2015

17 business interruptions; emerging risks; a change to the foods, services and/or works covered by this Contract or any underlying business processes Equal Opportunities The Contractor and the Employer shall at all times operate a policy of equal opportunity and antidiscriminatory practice in both Staff recruitment and service delivery and shall comply with the Employer's Fairness and Diversity Policy and any and all applicable anti-discrimination legislation rules regulations and statutory requirements, and the Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and the Contractor shall not unlawfully discriminate within the meaning and scope of the Equality Act 2010 and the Human Rights Act The Contractor shall take all reasonable steps to comply with paragraph by all its directors, senior managers, employees or agents In all matters relating to a Tenant, the Contractor and the Employer shall give due consideration to the full range of the Tenant s needs The Contractor shall ensure there is at all times and up to date documented plan for ensuring equality of opportunity and anti-discriminatory practice in respect of Staff and Tenants If an equality issue is identified the Parties shall work together to agree an appropriate course of action to address and resolve it. H1738 Contract Supplementary Provisions 17 of 18 02/12/2015

18 Execution as a Deed Executed as a Deed by the Employer Acting by:. Director. Director/Secretary Executed as a Deed by the Contractor Acting by:. Director. Director/Secretary H1738 Contract Supplementary Provisions 18 of 18 02/12/2015