RICS Standard Form of Consultant s Appointment

RICS Standard Form of Consultant s Appointment The following represents the amendments to the RICS Standard Form of Consultant s Appointment to cover the roles of Project Manager and Employer s Agent for the Houghall Redevelopment Project. SCHEDULE 1 Services RICS EMPLOYER S AGEBT SERVICES RICS PROJECT MANAGER SERVICES SCHEDULE 2 Fees and Payment Part A - Fee Percentage basis shall NOT apply. Lump Sum fee proposal is required and is to be inclusive of all reasonable expenses required to deliver the services of Project Manager and Employer s Agent, including all local travel to and from the Consultants offices to the site and the Colleges main campus in Peterlee. Part B Fee Instalments The Consultant is to provide a schedule of monthly instalments to cover the pre-construction, construction and post construction phases of the projects. Part C Reimbursable Expenses (a) To be included within fixed price tender (b) To be included within fixed price tender (c) To be included within fixed price tender (d) To be excluded from fixed price tender (e) To be included within fixed price tender (f) To be included within fixed price tender (g) To be included within fixed price tender Part D Rates for Additional Services Project Manager provide hourly rate and daily rate within tender Employer s Agent provide hourly rate and daily rate within tender Page 1

SCHEDULE 3 Client s Brief The project known as The Houghall Redevelopment project is a 11.1m (inclusive of VAT and Fees) redevelopment of parts of the Houghall Campus, situated on the outskirts of Durham. The Houghall Campus is part of the East Durham College estate, with the main campus building being situated in Willerby Grove, Peterlee. The College has successfully applied for funding via the Local Enterprise Partnership, with the College funding 1.1m from loan financing and reserves, with the LEP providing 10m. The College has developed outline designs to a basic level of Stage C of thereby, in order to secure the necessary funding. The College has also received full Planning Consent for the works. Designs were progressed to RIBS Stage C or thereby with a Design Team that had a limited commission to complete works to a stage whereby funding could be sought. Those commissions have now expired. The Project Manager will therefore need to procure Design Teams on behalf of the College to progress the Designs accordingly. The Design Teams will comprise Architect, Mechanical & Electrical Consultant, Civil & Structural Consultant, CDM- Co-ordinator and Quantity Surveyor as a core team. It should be noted that the Consultant Project Manager/ Employer s Agent is NOT eligible to apply for any of the above Design Team Services if successfully appointed as Project Manager and Employer s Agent. The proposed works cover four different projects that will be executed concurrently on the site. The works are varied in nature and hence differing procurement routes are required to deliver these projects. It is proposed that the works are advertised via the OJEU process and split into four lots. A description of the four projects and proposed procurement routes, including anticipated contract values, are set out below: Project 1 Refurbishment of Existing Teaching Accommodation Project Value 2.24m excluding fees and VAT The refurbishment element of the works relates to the redevelopment of the existing buildings at the front (North) of the campus utilising the existing buildings including retaining the existing shell and many of the internal structural walls. Works are required to upgrade the existing buildings providing new windows, a new entrance area including opening out the existing structure upon entry to the college via the main front access door. Works are required to refurbish existing classrooms and change existing uses to provide new Laboratories, and refurbishment of existing WC s. It is proposed that the refurbishment works are to be procured under a Traditional form of procurement with the College retaining the designers until completion of the works. The works are therefore to be fully designed before tenders are sought from Contractors. Project 2 New Agricultural Buildings and Equine Centre Project Value 3.31m excluding fees and VAT The build agricultural sheds and equine centre are in essence simple farm buildings with steel portal frames combined with external metal insulated cladding all with typical farm building concrete floors. There are a number of specialist suppliers for farm buildings around the country and hence the proposal is that when this particular Lot is advertised under the Page 2

OJEU process, it is anticipated that these specialist farm buildings suppliers will apply for this particular lot only. Farm building suppliers will typically take ownership of all elements of the design hence the preferred procurement route would be Design and Build. It not proposed that any of the Design Team members would be novated hence designs need to progressed from their present state, to a fully detailed RIBA Stage E with particular attention being paid to robust Employer s Requirements and fully detailed FF&E requirements being made available to the farm building suppliers for them to submit a lump sum price for the works. Project 3 New Animal Care Building Project Value 1.5m excluding fees and VAT The new animal care building is a more traditionally designed building and hence will require a main building contractor to execute this contract. The main building contractor is unlikely to be a specialist farm building supplier hence it is highly unlikely that projects 2 and 3 could be combined with one contractor taking responsibility, despite the fact that the same for of procurement is proposed for both projects 2 and 3 (Design and Build). This building is a standalone new build facility, hence the proposed Design & Build procurement route) and the design will need to be progressed to RIBA Stage E with a full set of Employer s Requirements being prepared and again attention must be paid to ensuring that all of the College s particular FF&E requirements are set out in the Contract Documents to enable Contractors to give robust lump sum offers for this project. Project 4 Infrastructure Project Value 1.38 There are a number of elements of infrastructure works to be carried out as part of the redevelopment project including demolition, works to provide new roads and upgrade existing roads, landscaping works, electrical distribution, telecoms and data distribution, water distribution, gas distribution, surface water drainage, foul drainage, together with animal waste and slurry facilities. The design work for this particular element of the project is not progressed to Stage C and requires full design from a standing start. It is therefore conceivable that a proportion of the above proposed works could be integrated into Projects 1 3, however there will inevitable be some standalone works that will need to be designed and procured separately from the above Projects 1 3. Until the design works are progressed further, the procurement routes will not be fully established however it is most likely that full designs will be required to let the infrastructure contracts on a lump sum basis. PROGRAMME The four projects listed above need to be progressed and delivered concurrently on site. There will be certain projects that will be able to progress to construction, quicker than other projects (ie it is anticipated that Project 2 could conceivably progress ahead of the others). Notwithstanding this, there will be elements of the projects where further necessary detailed design will be required prior to tenders being sought from main contractors. As an overall guide to programme, the Consultant should note that the College anticipates the following key dates to be adhered to: Page 3

Appointment of Project Manager/Employer s Agent: September 2014 Procure Design Team: October 2014 Pre-Construction Design to progress for all projects: October 2014 to February 2015 Anticipated start on site: March 2015 Completion of Building Works: April 2016 ANTICIPATED PROJECT COSTS See Appendix A attached to this document [Schedule 3 Client s Brief Ends] THE APPOINTMENT IS TO BE SIGNED UNDERHAND AND NOT AS A DEED APPENDIX 1.1 Definitions The Adjudicator: Parties to agree The Professional Team: is to be agreed, however will comprise as a minimum Architect, M&E Consultant, C&S Consultant, CDM-C and QS. The Project Manager/ Employer s Agent will NOT be able to tender for any of the above roles forming part of the Design Team. The Project: is as per the Client s brief The Site: is as per the Client s brief The discipline of the Consultant: Project Manager and Employer s Agent 3.4/3.5 Lead Consultant The Lead Consultant: will be the Architect for Projects 1-3, with potential M&E/C&S for Project 4. 4.2 CDM Regulations The Consultant is not a designer for the purposes of the CDM Regulations 4.4 Design Responsibility The Consultant is not responsible for the design of the Project The Consultant is not responsible for specifying and/or approving materials 4.5 Prohibited Materials Page 4

Clause 4.5 is not applicable 5.1 Maximum Aggregate Liability The maximum aggregate liability of the Consultant is Five Million Pounds ( 5,000,000) 5.2 Net Contribution Clause 5.2 is applicable 6.1 Collateral Warranties or Third Party Rights The Consultant is not required to provide Collateral Warranties or to confer Third Party Rights (Clause 6.1 (a)) 6.2/6.3 Persons to whom Collateral Warranties are to be provided or in whom Third Party Rights are to be vested N/A 7 Consultant s Personnel The Key personnel referred to in Clause 7: The Project Manager; The Employer s Agent. (The Project Manager and Employer s Agent may be the same person within the Consultant s organisation for the purpose of executing of the projects). 8.6 Client s Obligations The person referred to in Clause 8.6: Brian Fitzgerald (Vice Principal of Business & Planning) of East Durham College 9.5/9.12/10.6 Reimbursement of Disbursements and Expenses The Client reimburses disbursements and expenses in accordance with Part C of Schedule 2, subject to the amendments as stated 9.8 Payment dates and withholdings The final date for payment is 28 days after the date on which payment becomes due to the Consultant in accordance with Clause 9.6 11.1 Consultant s Authority The amounts(s) referred to in Clause 11.1(b): to be agreed 12.1 Professional indemnity Insurance Five Million Pounds ( 5,000,000) for each and every claim basis 13.5 Waiver of rights under Chapter IV of the Copyright, Design and Patents Act 1988 The Consultant does not waive its rights under Chapter IV of the Copyright, Design and Patents Act 1988 14.2 Assignment Page 5

The benefit of the Appointment may be assigned without the consent of the Consultant by the Client by way of an absolute legal assignment to another person (A1) acquiring the Client s interest or the Client Group Company s interest in the Project and by A1, by way of an absolute legal assignment, to another person (A2) acquiring A1 s interest in the Project. No further or other assignment of this Appointment is permitted and, in particular, A2 is not entitled to assign this Appointment. 15.8 Termination following suspension Period of suspension is 6 months 16.4 Nominating body for Adjudicator President or Vice-President of the Royal Institution of Chartered Surveyors 16.7 Arbitration or litigation Arbitration is the method of dispute resolution 16.9 Nominating body for Arbitrator President or Vice-President of the Royal Institution of Chartered Surveyors 17.1 Addresses of Consultant and Client Consultant; tbc Client: East Durham College, Peterlee Campus, Willerby Grove, Peterlee SR8 2 RN 17.4 Non-postal methods of giving notice N/A Page 6

Appendix A Anticipated Project Costs Page 7

Refurbishment of existing teaching accommodation 2,182,926.00 Construction contingency 61,925.00 2,244,851.00 2,244,851.00 Animal Care Building Only 1,315,356.00 prelims 157,842.72 1,473,198.72 Construction contingency 44,195.96 1,517,394.68 1,517,394.68 Agricultural Buildings :- sheep 202,550.00 cattle 473,057.00 pigs 267,655.00 manure store 131,250.00 sundry 40,500.00 feed store 270,000.00 1,385,012.00 prelims 166,201.44 1,551,213.44 Construction contingency 46,536.40 1,597,749.84 equine 1,472,629.00 horse walker 12,315.00 1,484,944.00 prelims 178,193.28 1,663,137.28 Page 8

Construction contingency 49,894.12 1,713,031.40 3,310,781.24 Infrastructure demolition / clearance 15,000.00 roads etc 621,433.00 landscaping 20,000.00 electrical distribution 72,760.00 telecoms distribution 47,610.00 water distribution 34,393.00 gas distribution 12,075.00 surface water drainage 200,943.00 foul drainage 64,990.00 animal waste & slurry 108,750.00 1,197,954.00 prelims 143,754.48 1,341,708.48 Construction contingency 40,251.25 1,381,959.73 1,381,959.73 8,454,986.66 8,454,986.66 Fees 799,246.00 799,246.00 Subtotal 9,254,232.66 9,254,232.66 VAT 1,850,846.53 1,850,846.53 TOTAL 11,105,079.19 11,105,079.19 Page 9