Post on 08-Mar-2020
1
Penydarren, Merthyr Tydfil External Wall Insulation, Heating & Electrical Installer Mini Tender Part C
2
CONTENTS CONTRACT DATA – PART ONE
Part One – Data provided by the Contractor (Melin Homes)
Form of parent company guarantee for the purpose of Option X4
Sub Contactor Warranty
Subcontract Completion Date and Programme
The Subcontract Works Information
The Site Information
Contract Management Tools
3
Contract Data Part 1
Part One – Data provided by the Contractor
Form of parent company guarantee for the purpose of Option X4
Sub Contactor Warranty
Subcontract Completion Date and Programme
The Subcontract Works Information
The Site Information
Contract Management Tools
The Contractor in terms of the Mini Tender is the Scheme Manger, Melin Homes
4
CONTRACT DATA PART ONE – DATA PROVIDED BY THE CONTRACTOR
1. General
• The conditions of contract are the core clauses and the clauses for main Option C: Target Cost contract and Secondary Options X4, X5, X7, X16, Y(UK) 2, Y (UK) 3, W2 and Z of the NEC Engineering and Construction Subcontract, (June 2005) (with amendments June 2006 and 2011).
• The works in the main contract are heating and plumbing and electrical works in Penydarren, Merthyr Tydfil.
• The subcontract works are [DESCRIPTION TO BE INSERTED ONCE AGREEMENT HAS BEEN REACHED IN ACCORDANCE WITH THE TERMS OF THE FRAMEWORKAGREEMENT]
• The Total Project Value is £[TO BE COMPLETED ONCE AGREEMENT HAS BEEN REACHED IN ACCORDANCE WITH THE TERMS OF THE FRAMEWORK AGREEMENT]
• The Contractor is Melin Homes
Name: David Bolton
Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ
• The Employer in the main contract is Melin Homes
Name: David Bolton
Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ
• The Project Manager in the main contract is Melin Homes
Name: David Bolton
Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ
5
• The Supervisor in the main contract is Melin Homes
Name: David Bolton
Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ
• The Adjudicator is [as set out in APPENDIX 3 to the Contract Data Part One]
• The Subcontract Works Information is in
APPENDIX 4 – SUBCONTRACT WORKS INFORMATION
• The Site Information is in
APPENDIX 5 – SITE INFORMATION
• The boundaries of the site are: TO BE DETERMINED & INSERTED ONCE AGREEMENT HAS BEEN REACHED IN ACCORDANCE WITH THE TERMS OF THE FRAMEWORK AGREEMENT
• The language of the subcontract is English
• The law of the subcontract is the law of England and Wales as applied in Wales subject to the exclusive jurisdiction of the Courts of England and Wales sitting at Cardiff
• The period for reply to a communication is two (2) weeks
• The Tribunal is Litigation
• The following matters will be included in the Risk Register:
Quality assurance in installation of EWI
Customer Service to Householders
Client Management
Communication with Suppliers & Clients
Health & Safety during installation
6
3. Time
• The subcontract starting date is 6th August 2014
• The subcontract access dates are
Part of the Site Date
1. Mobilisation phase 11th August 2014
2. Property delivery 25th August 2014
3. Scheme completion 15th March 2015
All dates will be confirmed following confirmation of works programme from Wales and West Utilities.
The Subcontractor submits revised programmes at intervals no longer than four (4) weeks alternatively calendar monthly
4. Testing and Defects
• The defects date is 52 Weeks after Completion of the whole of the subcontract works
• The defect correction period is two (2) weeks
5. Payment
• The currency of this subcontract is the pound sterling (£)
• The assessment interval is four (4) weeks alternatively calendar monthly
• The interest rate is 2% per annum above base rate. Base rate is calculated by reference to the Bank of England base rate on 31 December or 30 June depending on when the date of the debt falls due. If the debt falls due in the first half of the year the base rate published on 31 December is used. For debts falling due in the second half of the year the base rate applicable on 30 June is used.
7
6. Compensation Events
• The place where weather is to be recorded is: [ Penydarren, Merthyr Tydfil] details of which are available from: The Met Office Commercial Services, Fitzroy Road, Exeter, EX1 3PB
• the weather measurements to be recorded each Calendar month are:
o the cumulative rainfall (mm)
o the number of days with minimum air temperatures less than Zero degrees Celsius
o the number of days with snow lying at [09.00] hrs GMT
• and these measurements [List any others required [none]]
• The weather measurements are supplied by:
• The weather data are the records of past weather measurements for each calendar month which were recorded at: [Penydarren, Merthyr Tydfil]
And which are available from
The Met Office Commercial Services,
Fitzroy Road,
Exeter,
Devon, EX1 3PB,
telephone 0870 900 0100
facsimile 0870 900 5050
Where no recorded data are available
• Assumed Value for ten years return weather data for each weather measurement for each calendar month are:
……………………………………………………………….
……………………………………………………………….
8
8. Risks
The minimum amount of cover or minimum limit of indemnity to be provided by the Subcontractor pursuant to Clause 84.2 is as follows:
• A public and product liability insurance policy with a limit of indemnity of at least ten million pounds sterling (£10,000,000.00) each and every event or series of events arising from the same occurrence or series of occurrences, to include loss of or damage to property of the Subcontractor and its staff including the, to remain in force during the Term and for a period of twelve (12) years after Completion of the whole of the Works.
• The amount of the minimum limit of indemnity for insurance in respect of death or bodily injury to employees of the Subcontractor arising out of and in the course of their employment in connection with this contract for any one event is
£5,000,000.00 (five million pounds sterling) or the statutory minimum required from time to time if higher
The additional insurances which the Subcontractor provides pursuant to Clause 84.1 are as follows:
• [Adjacent Property Insurance] [TO BE CONSIDERED/ DURING IMPLEMENTATION PLAN STAGE]
• Professional Indemnity Insurance
The amount of the minimum limit of indemnity for Professional Indemnity Insurance for design liability in connection with this contract (to remain in force during the Term and for a period of twelve (12) years after Completion of the whole of the Works) is:
Five million pounds (£5,000,000) for each and every event or series of events arising from the same occurrence or series of occurrences
9
Optional Statements
• The tribunal is the Courts of England and Wales sitting at Cardiff
• The dispute resolution procedure is Litigation
If the Contractor has decided the subcontract completion date for the whole of the subcontract works
• The subcontract completion date for the whole of the subcontract works is 15th March 2015
If the Contractor is not willing to take over the subcontract works before the Subcontract Completion Date
• The Contractor is not willing to take over the subcontract works prior to the Subcontract Completion Date
If the Contractor has identified work which is to meet a stated condition by a Key Date, Note all dates are subject to planning approval.
• The Key Dates and conditions to be met are
Condition to be met key date
1 Mobilisation 11th August 2014
2 Start on Site 25th August 2014
3 Completion on site 15th March 2015
If Y (UK)2 is used and the final date for payment is not 14 days after the date when payment is due
• The period for payment is n/a
Optional Statements
The Subcontractor’s share percentages and the share rates are applied to the Stages of the scheme as follows:
share range Subcontractor’s share percentage
less than 97.5% Nil%
10
from 97.5% to 100% 50%
greater than 100% 100%
• The Subcontractor prepares forecasts of Defined Cost for the works at intervals no longer than four (4) weeks
Option X4 is used
• The required form of Parent Company Guarantee is appended at 1.
If Option X5 is used
• The subcontract completion date for each section of the subcontract works is
Section Description Completion date
Part of the Site Date
1. Mobilisation phase 11th August 2014
2. Property delivery 25th August 2014
3. Scheme completion 15th March 2015
If Options X5 and X7 are used together
• Delay damages for each section of the subcontract works are
Section Description Amount per day
1. [ ] to be determined on a scheme by scheme basis
2. [ ]
3. [ ]
4. [ ]
If Option X7 is used (but not if Option X5 is also used)
• Delay damages for the whole of the subcontract works are [ ] per day
11
If Option X16 is used
• The retention free amount is nil
• The retention percentage is 5%
If Option Y(UK) 3 is used
• term person or organisation
……………………… …………………………………………
……………………… …………………………………………
……………………… …………………………………………
……………………… ………………………………………….
If Option Z is used
• The additional conditions of contract are
Z1 Delete clause 11.2(3) and insert:
“The Subcontract Completion Date is when the Subcontractor has
• done all of the works which the Subcontract Works Information states he is to do by the subcontract completion date and
• corrected all Defects which would have prevented the Employer or the Contractor from using the subcontract works or Others from doing their work.
Z2 Clause 11.2(4) Delete and replace with:
“The Subcontract Date is the date of this agreement or (if earlier) the date when the Subcontractor first begins to provide the subcontract works.”
Z3 Clause 11.2(5) add after “subcontract works” in the first bullet point:
“(which term, as used in this contract, includes any design of the subcontract works by the Subcontractor)”
Z4 Amend Clause 11.2 (25) add additional bullet point before the works “and the cost of” as follows
12
• any costs which the Contractor does not recover from the Employer due to breach of Schedule 8 of the Services Agreement in relation to the subcontract works.
Z5 Delete clause 11.2(29) and replace with:
“the Price for Work Done to Date is the total Defined Cost attributable to subcontract works carried out in accordance with the subcontract up to the assessment date, which the Subcontractor has paid at the time of the assessment date or is committed to pay before the next assessment date (under contracts the Subcontractor has entered into to provide the subcontract works) plus the Fee applicable to that total Defined Cost provided that the Price for Work Done to Date shall not exceed the Prices.”
Z6 Delete clause 11.2(30) and insert:
“The Prices are the lump sum prices for each of the activities on the Activity Schedule unless later adjusted in accordance with this subcontract.
Z7 Insert new clause 11.2 (31)
“the Framework Agreement is the agreement dated [ ] between the Contractor and the Subcontractor”.
Z8 Insert new Clause 11.2 (32)
“Total Project Value” means the Prices, provided that the Total Project Value shall be deemed to be varied from time to time to accord with any change to the Prices in accordance with this subcontract.
Z9 Insert new Clause 11.2 (33)
“Confidential Information” means any information, however conveyed or presented, that relates to the business, affairs, operations, customers, processes, budgets, pricing policies, product information, strategies, developments, trade secrets, know-how, personnel and suppliers of the disclosing party, together with all information derived by the receiving party from any such information and any other information clearly designated by a party as being confidential to it (whether or not it is marked “confidential”), or which ought reasonably be considered to be confidential, subject in all cases to the Contractor’s obligations under the FOIA and the EIR.
13
Z10 Insert new Clause 11.2 (34)
“Data Protection Legislation” means the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all Applicable Law relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.
Z11 Insert new Clause 11.2 (36)
“Open-book” means the sharing by the Subcontractor with the Contractor and the Employer of any and all of its accounts, documents, records, books, ledgers, bank statements, tapes, discs, files, folders, receipts, third party invoices, vouchers, VAT returns, computer data or other evidence that the Subcotnractor keeps, or should responsibly keep for the purpose of accurately ascertaining and demonstrating the costs incurred and profit made in delivery the subcontract works (on the basis that the Subcontractor acknowledges that the Contractor is entitled to production and inspection of the same).
Z12 Insert new Clause 11.2(37)
“Requisite Consents” means the building regulation consents, planning permissions, by-law approvals and any other consents, licences, requirements, permissions, approvals, permits, agreements and authorisations and other such documents as identified in the Subcontract Works Information required from any competent authority (including in relation to fire safety), statutory undertaker or person either for the carrying out of the subcontract works or for its intended use.
Z13 Clause 15.1 delete second sentence and replace with:
“A reason for not accepting is that the proposed area is either not necessary for Providing the subcontract works or used for work not in this subcontract, adding to the Working Area in the way proposed will interfere with the Contractor’s activities or use of property or cause it to suffer or incur additional
14
loss or costs or the Contractor is not entitled to allow the additional area to be used”.
Z14 Delete clause 16.1 and replace with:
“The Subcontractor and the Contractor give an early warning by notifying the other as soon as either becomes aware of any matter which could
• Increase the total of the Prices,
• delay Completion,
• delay meeting a Key Date,
• impair the performance of the subcontract works in use, or
• change the Accepted Programme.
The Subcontractor may give an early warning by notifying the Contractor of any other matter which could increase his total cost. The Contractor enters early warning matters in the Risk Register. Early warning of a matter for which a compensation event has previously been notified is not required.
Z15 Clause 16.4 delete and replace with:
“The Contractor records decisions made at risk reduction meetings and issues confirmation in writing to the Subcontractor. If a decision needs a change to the Subcontract Works Information, the Contractor instructs a change to the Subcontract Works Information separately from any confirmation of decisions made in risk reduction meetings.”
Z16 If there is any ambiguity or inconsistency in or between the documents which are part of this contract, the priority of the documents is in accordance with the following sequence:
• the additional conditions of contract under these Z clauses
• the conditions of contract and
• the other documents
The Contractor or the Subcontractor notifies the other as soon as either becomes aware of any such ambiguity or inconsistency in or between the
15
documents which are part of this contract. The Contractor gives an instruction resolving the ambiguity or inconsistency. Notwithstanding any other provision of this contract, any such ambiguity, inconsistency and/or instruction is not a compensation event and does not result in any increase in the Prices or any delay to the Subcontract Completion Date.”
Z17 Delete Clause 19
Z18 Replace existing Clause 21.1 with new Clause 21.1 as follows:-
“21.1 Subcontractor’s Design
“Notwithstanding any other provision of this contract, insofar as the design of the works is comprised in the Works Information referred to in Contract Data (Part one – Data provided by the Contractor), the Subcontractor has examined and accepts full responsibility for such design. The Contractor and the Subcontractor agree that this contract governs all work by or on behalf of the Subcontractor necessary to provide the subcontract works in accordance with the Subcontract Works Information whether the Subcontractor has provided or provides such work before or after the date hereof.”
Z19 Insert new clause 21.4:
“The Subcontractor acknowledges that he has exercised and will continue to exercise in the design of the subcontract works all reasonable skill and care as may be expected of a properly qualified designer of the appropriate discipline(s) for such design, experienced in carrying out works of a similar scope, nature, timescale and complexity and on a similar site or at a similar location to the subcontract works and the Subcontractor accepts sole and exclusive responsibility for the design of the subcontract works and for the selection and standards of all materials, goods and workmanship forming part of the subcontract works, including without limitation:
(1) all and any design and other work undertaken in relation to the subcontract works before the Subcontract Date by any other person whether by or on behalf of the Subcontractor or by or on behalf of the Contractor and
(2) all and any design and other work undertaken in relation to the subcontract works after the Contract Date by any other person on behalf of the Subcontractor
16
and all such design and other work undertaken by any such person shall be treated for all the purposes of this contract as undertaken by the Subcontractor. Further, without limitation, the Subcontractor warrants that the subcontract works and the Site shall, as at the date of Completion of the subcontract works, comply with all performance specifications contained in the contract and all statutory requirements applicable at the Subcontract Date.”
Z20 Delete the second sentence in clause 26.2 and replace with:
“A reason for not accepting the Subsubcontractor is
• that his appointment will not allow the Subcontractor to provide the Works,
• the Contractor has reasonable grounds for concern in relation to the Subsubcontractor’s experience, financial standing, insurance cover or status.
Z21 Delete Clause 26.3 and add the following
“The Subcontractor submits the proposed conditions of contract without limitation including any Contract Data for each subcontract to the Contractor for acceptance unless the Contractor has agreed that no submission is required.
The Subcontractor does not appoint a Subsubcontractor on the proposed subcontract conditions submitted until the Contractor has accepted them. A reason for not accepting them is that
• they will not allow the Subcontractor to Provide the subcontract works or
• they do not include a statement that the parties to the subsubcontract shall act in a spirit of mutual trust and co-operation
• the subsubcontract does not represent best value
• the subsubcontract does not incorporate agreed rates or fee percentages
17
• the subsubcontract is inconsistent with the requirements of this sub contract (including without limitation the Subcontractor being in a no better position than the Subcontractor would be if the Subcontractor had not subsubcontracted the subcontract works)
• the subsubcontractor payment terms are more onerous than the payment terms contained in this subcontract.
• the limitation period for the subsubcontract is less than 12 years
Z22 Delete clause 26.4
Z23 Clause 31.3 add as a new bullet point:
• “it is more onerous on the Contractor, the Employer or Others”
Z24 Add as a new clause 46
“Nothing in the clauses 44-45 affects any other right or remedy under the contract or at law, including (without limitation) the Contractor’s right to claim damages for a Defect as a breach of contract”.
Z25 Replace existing Clauses 52.2 and 52.3 with the following new Clauses 52.2 and 52.3:
“52.2 The Subcontractor keeps
• accounts of his payments of Defined Cost
• records showing any payments that have been made
• records of communications and calculations relating to the assessment of compensation events including those for Subsubcontractors and
• other accounts and records as stated in the Subcontract Works Information.
52.3 The Subcontractor allows the Contractor and/or the Contractor’s independent costs advisor and/or the Employer to inspect at any time within working hours the records which he is required to keep.”
Z26 Replace 60.1(11) with the following new clause:
18
“60.1(11) A test or inspection done by the Contractor or the Supervisor where no Defect is found, causes unnecessary delay.”
Z27 Delete Clause 60.1(19)
Z28 Insert new Clause 61.8
“If the Subcontractor believes that the issue of any instruction or information (including any confirmation of a decision made at a risk reduction meeting) by the Contractor (not expressed to be a change to the Subcontract Works Information) constitutes or will give rise to a compensation event, the Subcontractor must, (save in circumstances of emergency) as soon as reasonably practicable and in any case before acting on the instruction or other information, notify the Contractor and allow the Contractor time to consider the impact of the instruction or other information in relation to the Subcontractor’s notice.”
Z29 Insert new Clause 63.16
“Where a compensation event or its effect is in part attributable to the Subcontractor’s fault, the Prices, Completion Date or Key Dates are not changed to the extent attributable to the Subcontractor’s fault.”
Z30 Employer’s title to plant and materials
Delete Clause 70 and replace with the following:
“70 Contractor’s title to Plant and Materials
70.1 The cost of Plant and Materials outside the Working Area is excluded from the Price for Work Done to Date unless
• the Subcontractor demonstrates to the satisfaction of the Contractor that the Subcontractor has unencumbered title to the Plant and Materials,
• the Plant and Materials is clearly and visibly marked as for the Contractor and this subcontract,
• the Plant and Materials is insured against loss or damage while stored or in transit to the Working Areas for its full reinstatement value under a policy of insurance protecting the interests of the
19
Parties in respect of the usual insured risks for the period until it is brought within the Working Areas.
70.2 Where the cost of Plant and Materials outside the Working Areas is included in the Price for Work Done to Date
• the Subcontractor’s title in the Plant and Materials passes to the Contractor,
• the Subcontractor does not remove it from where it is stored except for the use on the subcontract works and
• the risk of loss or damage to the Plant and Materials remains with the Subcontractor.
70.3 The cost of the Plant and Materials within the Working Areas is excluded from the Price for Work Done to Date unless
• title in the Plant and Materials has already passed to the Contractor under clause 70.2 or
• the Subcontractor demonstrates to the satisfaction of the Contractor that the Subcontractor has unencumbered title in the Plant and Materials.
70.4 The Subcontractor’s title in Plant and Materials passes to the Contractor when it is brought within the Working Areas, but (subject to clause 80.1) the risk of loss or damage to the Plant and Materials remains with the Subcontractor.
70.5 The Subcontractor does not remove Plant and Materials within the Working Areas from where it is stored except for use on the subcontractworks or with the Contractor’s permission.
70.6 The title to Plant and Materials passes back to the Subcontractor if it is removed from the Working Areas with the Contractor’s permission.
Z30A [FOR INSTALLATION CONTRACTS ONLY]
70.7 The cost of Plant and Materials provided by the Contractor to the Subcontractor outside the Working Area is excluded from the Price for Work Done to Date. The Plant and Materials provided by the
20
Contractor to the Subcontractor is clearly and visibly marked as for the Contractor and this subcontract. The Contractor’s title in the Plant and Materials provided to the Subcontractor does not pass to the Subcontractor.
70.8 The Plant and Materials provided by the Contractor to the Subcontractor is insured by the Subcontractor against loss, theft or damage while stored or in transit to the Working Areas for its full reinstatement value under a policy of insurance protecting the interests of the Parties in respect of the usual insured risks for the period until it is brought within the Working Areas.
Z31 Amendments to clause 80.1 –
Bullet point 4, delete the 4th bullet point and replace with:
• fault of the Contractor or the Employer (excluding for the avoidance of doubt a fault in any design for which the Subcontractor has responsibility under this contract).
Bullet point 7, second line after ‘power,’ add ‘terrorism,’
Z32 Clause 82 - at the end add
“The Subcontractor shall only proceed with the Contractor’s express instruction to do so where the relevant loss or damage is the Contractor’s Risk under clause 80 and the Subcontractor shall obtain the Contractor’s prior consent where the Contractor has possession of the relevant part of the Site at the relevant time”.
Z33 Clause 84 Insurance
Insert a new Clause 84.3
“Where any of the insurances required to be provided by the Subcontractor are in the aggregate, the Subcontractor shall inform the Contractor of any claim which is likely to have a material effect on the amount of cover or limit of indemnity available to the Contractor under that insurance, as soon as reasonably possible after becoming aware of such claim”.
21
Z34 Add as a new clause 92.3:
“The Subcontractor is not entitled to the Subcontractor’s share if termination has taken place in accordance with clause 91.1 of this contract or if termination has taken place in accordance with clause 91.2, 91.3, 91.5, or 91.6 (R.18) of this contract.
Z35 Procedures on termination new clause 92.4
The Subcontractor hands over to the Contractor all hard copy and electronic data for the Subcontractor’s design including material prepared by a Subcontractor, the Subcontract Works Information for the Subcontractor’s design and Site Information obtained so far as prepared at termination. At such termination the Contractor has the right to use such material for completion of the subcontract works. (P5)
Z35.1 The Subcontractor will provide to the Contractor at project inception stage a monthly expenditure cashflow for the subcontract works which aligns with the project programme together with a sub co-ordinating individual expenditure cashflow for each of the separate elemental projects (and/or sections of the subcontract works) (which together make up the overall master programme).
Z35.2 The expenditure cashflows will indicate the anticipated cashflows required from the inception of the subcontract works right through to Completion of the subcontract works. The Subcontractor will also be required to monitor and update the cashflows to align with any adjustments to the project delivery timescales.
Z36 In relation to the Schedule of Cost Components paragraph 7 (Insurance) add the following:
71 “The following insurances – Subcontractor’s All Risk Insurance, Existing Buildings Insurance, Employer’s Liability, Third Party/Public Liability and Professional Indemnity are not part of the Defined Cost.”
22
Z37 Option Y(UK)2
Z37.1 Delete existing clause Y2.1(1) and replace with the following new clause:
“The Act is the Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009.”
Z37.2 Delete the existing third paragraph of clause Y2.2 and replace with the following:
“The Contractor’s certificate is the notice of payment to the Subcontractor specifying the amount due at the payment due date (the notified sum) and stating the basis on which the amount was calculated.”
Z37.3 Delete the existing clause Y2.3 and replace with the following:
“If either Party intends to pay less than the notified sum, he notifies the other Party not later than seven days (the prescribed period) before the final date for payment by stating the amount considered to be due and the basis on which that the sum is calculated. A Party does not withhold payment of an amount due under this contract unless he has notified his intention to pay less than the notified sum as required by this contract.”
Z38 Dispute Resolution
Z38.1 The Contractor and the Subcontractor will endeavour to notify each other of any anticipated dispute under this subcontract so that it can be avoided by negotiation between them.
Z38.2 The Contractor and the Subcontractor will endeavour to resolve any dispute under this subcontract which does arise by direct negotiation in good faith between senior executives. Each of them will give serious consideration to any request by the other to refer the dispute to Mediation if it cannot be resolved by direct negotiation.
Z39 Assignment – New Clause
The Contractor has the right to assign this contract without having to seek the Subcontractor’s consent. The Subcontractor may not assign the benefit of this subcontract without the consent of the Contractor.
23
Z40 Legislation
Z40.1 The Subcontractor Provides the subcontract works in a proper and workmanlike manner and in compliance with all statutes, statutory instruments, regulations, rules and orders made under any statute or directive having the force of law which affect the subcontract works or performance of any obligations under this contract and any regulation or byelaw of any local authority or statutory undertaker which has any jurisdiction with regard to the subcontract works or with whose systems the subcontract works are, or are to be, connected.
Z40.2 The project that comprises or includes the subcontract works is notifiable for the purposes of the Construction (Design and Management) Regulations 2007 (the “CDM Regulations”). The Subcontractor is a contractor under the CDM Regulations in respect of the subcontract works and performs all the functions and obligations required to be performed by the contractor under the CDM Regulations.
Z41 Open Book accounting and Audit
Z41.1 Open–book accounting shall apply in relation to the subcontract works provided by the Subcontractor or its subsubcontractors and the payment for subcontract works. The Sub Contractor shall maintain complete and accurate records of, and supporting documentation (including but not limited to receipted invoices, bank
statements, timesheets and organisational ledgers) for, all amounts which may be chargeable to the Contractor pursuant to this subcontract. Such records shall be retained for inspection by the Subcontractor for seven (7) years from the date of expiry or termination of this Subcontract.
Z41.2 The Subcontractor shall allow the Contractor and any auditors of or other advisers to the Contractor to access any of the Subcontractor’s premises, personnel and relevant records as may be reasonably required in order to:
• fulfil any legally enforceable request by the Welsh Government or any regulatory body; or
• undertake verifications of the accuracy of the Defined Cost, the Prices and Price for Work Done to Date; or
• undertake verification that the subcontract works are being provided in accordance with this subcontract; or
24
• identify suspected fraud.
Z41.3 The Contractor shall use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Subcontractor or delay the provision of the subcontract works by the Subcontractor and that, where possible, individual audits are co-ordinated with each other to minimise any disruption.
Z41.4 The Subcontractor shall provide the Contractor (and its auditors and other advisers) with all reasonable co-operation, access and assistance in relation to each audit.
Z41.5 The Contractor shall provide at least ten days notice of its intention to conduct an audit unless such audit is conducted in respect of a suspected fraud, in which event no notice shall be required.
Z41.6 The parties shall bear their own costs and expenses incurred in respect of compliance with their obligations under this clause Z [40], unless the audit identifies a material default by the Subcontractor, in which case the Subcontractor shall reimburse the Contractor for such proportion of its costs incurred in the course of the audit as is fair and reasonable having regard to the nature and severity of the breach and its consequences.
Z41.7 If an audit identifies that the Subcontractor has failed to perform its obligations under this subcontract then, without prejudice to the other rights and remedies of the Contractor, the Subcontractor shall take the necessary steps to comply with its obligations at no additional cost to the Contractor.
Z42 EDRF
Z42.1 The Subcontractor acknowledges that the Employer has received ERDF funding for the works in form of a grant and that the Contractor has agreed to comply with the provisions set out in Schedule 8 of the Services Agreement. The Subcontractor shall provide such information about the subcontract works as the Contractor shall reasonably require. The Subcontractor shall perform their obligations under this Agreement in such a way so as not to cause the Contractor to breach any of its obligations under Schedule 8 of the Services Agreement.
25
Z42.2 If the Subcontractor is in breach of this Z clause 44 and/or breach of this subcontract such that as a result of this breach the Contractor has to repay the Employer pursuant to the provisions of Schedule 8 of the Services Agreement, then the Subcontractor shall be liable for the amount of this repayment, which shall be treated as a Disallowed Cost pursuant to the terms and conditions of this subcontract.
Z43 CONFIDENTIALITY/FOI/DATA PROTECTION
Z43.1 The Contractor and Subcontractor (each referred to here as a “Relevant Party”) shall keep confidential all Confidential Information. Each Relevant Party shall use all reasonable endeavours to prevent their sub-contractors, employees and agents from making any disclosure to any person of any Confidential Information. The Contractor shall not be in breach of this subcontract by reason of anything it does the purpose of which is to secure compliance with any statutory duty including the Freedom of Information Act 2000 and the Environmental Information Regulations or any extension or amendment to those. This clause shall not prevent the disclosure of Confidential Information:-
• by a Relevant Party to its professional advisors;
• reasonably required by, or to, persons engaged in the performance of obligations under this subcontract ;
• which the disclosing Relevant Party can demonstrate is already generally available and in the public domain otherwise than as a result of a breach of this clause;
• which is required by any law or the rules of any stock exchange or governmental or regulatory authority having the force of law;
• which is already lawfully in the possession of the receiving Relevant Party, prior to its disclosure by the disclosing Relevant Party, and which is not subject to an obligation of confidentiality;
• to the Welsh Government or any other body controlled by the Welsh Government; or
• for any audit or examination of the economy, efficiency and effectiveness with which the subcontractor has used its resources.
26
Z43.2 The Subcontractor shall comply with all relevant provisions of the Data Protection Legislation (and any replacement or amendment to it). The Subcontractor shall, comply at all times with the Data Protection Legislation and shall not perform their obligations under this subcontract in such a way as to cause either the Contractor or the Employer to breach any of its obligations under the Data Protection Legislation. The Subcontractor shall immediately notify the Contractor in the event that it becomes aware of any breach by of the Data Protection Legislation or any subsubcontractors.
Z43.3 The Subcontractor shall indemnify the Contractor and keep the Contractor indemnified against all losses, damages, costs or expenses and other liabilities(including legal fees) incurred by, awarded against or agreed to be paid by the Contractor arising from any breach of the Subcontractor’s obligations under this z clause [ ] except and to the extent that such liabilities have resulted directly from the Contractor’s instructions
Z44 NOVATION
Within 14 days of the date of a notice given by or on behalf of the Contractor, the Subcontractor shall execute as a deed and deliver to the Contractor a novation agreement with the Employer and the Contractor.
Z45 WARRANTIES
The Subcontractor when requested by the Contractor is required to procure and deliver a subcontractor warranty in favour of the Employer in the form contained at Appendix 2. If the Subcontractor defaults in the execution or the delivery of the subcontract warranty, in addition to any other right which the Contractor may have, the Contractor may suspend payment of any sum due to the Subcontractor under this subcontract until the Subcontractor has remedied its default.
Z46 Third Party Agreements
Z46.1 Copies of the whole or parts of the following agreements:
[“the Services Agreement”]
(excluding matters related to price and payment) have been or will be provided to the Contractor and such agreements or parts are referred to in this clause “the Third Party Agreements”.
27
Z46.2 The Subcontractor shall design, carry out and complete the construction of the subcontract works in conformity with the Contractor’s obligations under the Third Party Agreements including, without limitation, those relating to provision of information, audit and payment.
Z46.3 The Subcontractor undertakes to the Contractor that he has performed and shall continue to perform his obligations under this subcontract in such manner and at such times so that no act, omission or default of the subcontractor or any of its employees or subsubcontractors shall constitute, cause or contribute to any breach by the Contractor of any of its obligations under the Third Party Agreements.
Z47 Transfer of rights
The Contractor owns the Subcontractor’s rights over material prepared for this subcontract by the Subcontractor except as stated otherwise in the Subcontract Works Information. The Subcontractor obtains other rights for the Contractor as stated in the Subcontract Works Information and obtains form a subsubcontractor equivalent rights for the Contractor over the material prepared by the subsubcontractor. The Subcontractor provides to the Contractor the documents which transfer these rights to the Contractor.
Z48 Subcontractor’s employees
Z48.1 The Subcontractor shall ensure that each of the Subcontractor’s employees is suitably qualified, adequately trained and capable of providing the subcontract works and that there are an adequate number of employees to provide the subcontract works properly.
Z48.2 The Subcontractor shall maintain up-to-date personnel records in relation to its employees engaged in the provision of the subcontract works and shall provide, on request, reasonable information to the Contractor.
Z48.3 The Subcontractor shall use its best endeavours to ensure continuity of employees and to ensure that the turnover rate of its staff engaged in the provision or management of the subcontract works is at least as good at the prevailing industry norm for similar services, locations and environments.
Z48.4 The Employer may refuse to grant access to, and remove from, its premises, any of the Subcontractor’s employees who do not comply with its policies, or if they otherwise present a security threat or a threat to health and safety.
28
Z48.5 The Subcontractor will ensure that appropriate Criminal Records Bureau checks have been undertaken for any of its employees that are likely to come into contact with children and young people during the course of providing the subcontract works. Evidence that these checks have been performed shall be presented to the Contractor once they have been completed.
Z48.6 The Subcontractor shall provide evidence to confirm that arrangements for the employment of all its employees involved in providing the subcontract works complies with current legislation and best practice for working with children, including policies on confidentiality and safeguarding children, collection, processing and storage of data and information. The subcontractor will also demonstrate at reasonable intervals its arrangements to ensure that all contact with children and young people is sensitive to issues such as age, understanding, gender, ethnicity, culture, language and the circumstances of the child/young person.
Z49 Ammendments to the Schedule of Cost Components
Add to the Schedule of Cost Components the following items:
a) Catering
b) Medical facilities and first aid
c) Recreation
d) Sanitation
e) Security
f) Copying
g) Telephone, telex, fax, radio and CCTV
h) Surveying and setting out
i) Computing
j) Hand tools not powered by compressed air
Z50 Delete the entire of Point 44 of the Schedule of Cost Components
29
Form of parent company guarantee for the purpose of Option X4
30
Sub Contractor Warranty
31
Dated [insert date]
(1) THE WELSH MINISTERS
(2) [CONTRACTOR]
(3) [SUB-CONTRACTOR]
WARRANTY to THE WELSH MINISTERS associated with the design and construction of the Works at Penydarren, Merthyr Tydfil
32
DATE
BETWEEN
(1) THE WELSH MINISTERS whose principal office is at Cathays (“the Beneficiary” which expression includes any successors to it in the exercise of its functions and also any successors and assigns permitted under this Agreement); and
(2) [FULL COMPANY NAME] incorporated and registered in England and Wales with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS] (the “Contractor”) [ ]); and
(3) [FULL COMPANY NAME] incorporated and registered in England and Wales with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS] (the “Sub-Contractor”),
(together, the “Parties”)
WHEREAS
(A) The Beneficiary and the Contractor have entered into an agreement dated [INSERT DATE] in respect of the delivery of Phase 2 of the “arbed programme” (the “Services Agreement”);
(B) By a contract in the form of an NEC 3 Option C Engineering and Construction Contract between the Contractor and the Beneficiary dated [ ] (“the Implementation Contract”) the Beneficiary has engaged the Contractor in relation to the design and construction of the Works;
(C) The Contractor has appointed the Sub-Contractor to perform certain works and/or services under the terms of the Sub-Contract in relation to the [design and] construction of the Works in connection with the Contractor’s obligations under the Implementation Contract;
(D) It is a term of the Implementation Contract and the Services Agreement that the Sub-Contractor enters into this Deed for the benefit of the Beneficiary and its successors in title and assigns,
33
IT IS AGREED as follows:
1. Definitions and Interpretation
1.1. In this Deed, including the Recitals, unless the context shall otherwise require the following expressions shall have the following meanings:
“Premises” means the premises in relation to which the Sub-Contract Works are to be performed;
“Sub-Contract” means the sub-contract between the Contractor and the Sub-Contractor on or about the date of this Deed;
“Sub-Contract Works” means the works (including any design or specification) to be carried out by the Sub-Contractor pursuant to the Sub-Contract;
“Working Day” means a day other than a Saturday, Sunday or a public holiday in Wales; and
“Works” shall have the meaning ascribed to this term in the Implementation Contract.
1.2. The headings and marginal notes and references to them in this Deed shall be deemed not to be part of this Deed and shall not be taken into consideration in the interpretation of this Deed.
1.3. Words importing persons shall, where the context so requires or admits, include individuals, firms, partnerships, trusts, corporations, governments, governmental bodies, authorities, agencies, unincorporated bodies of persons or associations and any organisations having legal capacity.
1.4. Where the context so requires words importing the singular only also include the plural (and vice versa), and words importing the masculine shall be construed as including the feminine or the neuter or vice versa.
1.5. The words in this Deed shall bear their natural meaning. The Parties have had the opportunity to take legal advice on this Deed and no term shall, therefore, be construed contra proferentem.
34
2. Sub-Contractor's Duties to the Beneficiary
2.1. The Sub-Contractor warrants and undertakes to the Beneficiary that:
2.1.1. it has carried out and shall continue to carry out and complete the design, specification and construction of the Sub-Contract Works as and when it is so required to do in a good and workmanlike manner and in accordance with the terms of the Sub-Contract;
2.1.2. it has exercised and will continue to exercise all the reasonable professional skill, care and diligence required of it under the Sub-Contract;
2.1.3. the Sub-Contract Works will, at practical completion, comply with all current applicable British Standards and Codes of Practice and during the design and construction of the Sub-Contract Works the requirements of such British Standards and Codes of Practice have been and will continue to be adhered to; and
2.1.4. the Sub-Contractor has not and shall not specify, authorise, cause to be used or suffer the use in or about the Sub-Contract Works of any materials that are contrary to the guidance contained in the report entitled “Good Practice in the selection of Construction Materials” by Ove Arup & Partners (as updated) or that are not in accordance with any applicable British Standards and/or Codes of Practice current at the date of the Sub-Contract or which have been identified as deleterious in a publication of the Building Research Establishment.
3. Insurance
3.1. The Sub-Contractor shall maintain:
3.1.1. professional indemnity insurance in the sum of five million pounds (£5,000,000); and
35
3.1.2. public/product liability (in respect of any equipment or systems supplied or specified under the Sub-Contract) in the sum of five million pounds (£5,000,000)
in each case, for any one occurrence or series of occurrences arising out of any one event for a period beginning at the date of this Deed and ending twelve (12) years from the date of completion of the Works, provided always that such insurance is available at commercially reasonable rates in the global insurance market. The Sub-Contractor shall immediately notify the Beneficiary in writing in the event that such insurance is no longer available at such rates and the parties shall forthwith meet and discuss in good faith how best to protect their respective positions.
3.2. The insurance required by clause 3.1 shall be upon customary and usual terms and conditions prevailing for the time being in the insurance market and with reputable insurers lawfully carrying on such insurance business.
3.3. The Sub-Contractor shall fully co-operate with any measures reasonably required by the Beneficiary including, without limitation, completing any proposals for insurance and associated documents and maintaining such insurance at rates above commercially reasonable rates if the Beneficiary undertakes in writing to reimburse the Sub-Contractor in respect of the net cost of such insurance to the Sub-Contractor above commercially reasonable rates.
3.4. As and when it is reasonably requested to do so by the Beneficiary the Sub-Contractor shall produce for inspection documentary evidence that its professional indemnity insurance has been maintained in accordance with the requirements of this Deed.
4. Assignment
4.1. The benefit of this Deed may be assigned by the Beneficiary without the consent of the Sub-Contractor.
5. Copyright Licence
5.1. The copyright in all schedules, plans, drawings, proposals, specifications, calculations and all other information and documents together with any design contained therein prepared by or on behalf of the Sub-Contractor (the “Documents”) shall remain vested in the Sub-Contractor but the Beneficiary
36
shall have an irrevocable non-exclusive licence free of any charge to copy and use such Documents, provided that in relation to any intellectual property rights in any software forming part of the Documents the Sub-Contractor’s obligation to grant an irrevocable non-exclusive royalty-fee licence free of any charge shall be limited to the extent that it is legally entitled to do so having regard to the nature of the software and the applicable software licence granted to the Sub-Contractor, and to reproduce the designs contained in them for any purpose related to the purposes of the Implementation Contract including, (but without limiting the generality thereof), the construction, completion, maintenance, use, reinstatement, modification, extension, repair, disposal and advertisement of the Premises. Such licence shall entitle the Beneficiary to grant sub-licences without the consent or approval of the Sub-Contractor and the licence shall be freely assignable by the Beneficiary or its sub-licensees.
5.2. The Sub-Contractor shall not be liable for any use of the Documents by the Beneficiary or its sub-licensees for a purpose for which the Documents were not prepared or intended.
5.3. The Sub-Contractor shall, if the Beneficiary so requests and undertakes in writing to pay the Sub-Contractor’s reasonable copying charges, promptly supply the Beneficiary with copies of all such Documents.
6. Obligations prior to determination of the Sub-Contractor’s engagement
6.1. The Sub-Contractor shall not exercise nor seek to exercise any right to determine its engagement under the Sub-Contract for any reason, including any breach on the part of the Contractor, without giving to the Beneficiary not less than 28 days’ notice of its intention to do so and specifying the grounds for the proposed determination.
6.2. Any period stipulated in the Sub-Contract for the exercise by the Sub-Contractor of a right of determination shall be extended, as necessary, to take account of the period of notice required under clause 6.1.
6.3. Compliance by the Sub-Contractor with clause 6.1 shall not be treated as a waiver of any breach on the part of the Contractor giving rise to the right of determination, nor otherwise prevent the Sub-Contractor from exercising its rights after the expiration of the notice unless the right of determination shall have ceased under the provisions of clause 7.
37
7. Step-In
7.1. The right of the Sub-Contractor to determine its employment under the Sub-Contract shall cease if within the period of 28 days referred to in clause 6.1 the Beneficiary shall give notice to the Sub-Contractor:
7.1.1. requiring it to continue its obligations under the Sub-Contract;
7.1.2. acknowledging that the Beneficiary is assuming all of the obligations under the Sub-Contract; and
7.1.3. undertaking to the Sub-Contractor to discharge all payments which may subsequently become due to the Sub-Contractor under the terms of the Sub-Contract and to pay to the Sub-Contractor within 7 days any sums which have become due and payable to it under the Sub-Contract but which remain unpaid.
7.2. Upon compliance by the Beneficiary with the requirements of clause 7.1, the Sub-Contract shall continue as if the right of determination on the part of the Sub-Contractor had not arisen and as if the Sub-Contract had been entered into between the Sub-Contractor and the Beneficiary to the exclusion of the Contractor.
7.3. Notwithstanding that as between the Contractor and the Sub-Contractor the Sub-Contractor’s right of determination of its employment under the Sub-Contract may not have arisen, the provisions of clause 7.2 shall apply if the Beneficiary complies with the requirements on its part under clause 7.1.
7.4. The Sub-Contractor shall be bound to assume that, as between the Contractor and the Beneficiary, circumstances have occurred which permit the Beneficiary to give notice under clause 7.1.
7.5. The Sub-Contractor, acting in accordance with the provisions of this clause 7 shall not incur any liability to the Contractor.
7.6. Where the Sub-Contractor has given rights similar to those contained in clause 7 to any third party then if both the Beneficiary and any such third party serve notice under clause 7.1 or their equivalent the notice served by the Beneficiary shall have priority.
38
8. Amendments
This Deed may not be varied except by an agreement in writing executed as a deed by duly authorised representatives of each of the Parties.
9. Severability
If any provision of this Deed shall be declared invalid, unenforceable or illegal by the courts of any jurisdiction to which it is subject, such provision may be severed and such invalidity, unenforceability or illegality shall not prejudice or affect the validity, enforceability and legality of the remaining provisions of this Deed.
10. Entire Agreement
Except where expressly provided otherwise in this Deed, this Deed constitutes the entire agreement between the Parties in connection with its subject matter and supersedes all prior representations, communications, negotiations and understandings concerning the subject matter of this Deed.
11. Third Party Rights
11.1. Unless expressly provided to the contrary in this Deed, a person who is not a Party has no right under the Contracts (Rights of Third Parties) Act 1999 (the “Third Parties Act”) to enforce or to enjoy the benefit of any term of this Deed. Notwithstanding any term of this Deed, the consent of any person who is not a Party is not required to rescind or vary this Deed at any time.
11.2. It is agreed for the purposes of the Third Parties Act that this Deed is not intended to, and does not, give to any person who is not a Party to this Deed any rights to enforce any provisions contained in this Deed except for any person to whom the benefit of this Deed is assigned or transferred in accordance with clause 4.
12. Notices
12.1. All notices under this Deed (including without limitation notification of any consents given by a Party to this Deed) shall be in writing and all certificates, notices or written instructions to be given under the terms of this Deed shall be served by sending the same by e-mail, first class post, facsimile or by hand, leaving the same at:
39
If to the Beneficiary – [DETAILS]
If to the Contractor - [DETAILS]
If to the Sub-Contractor - [DETAILS]
12.2. Notices:
12.2.1. by way of e-mail shall be effective when sent in legible form, but only if following transmission, the sender does not receive a non-delivery message;
12.2.2. given by post shall be effective upon the earlier of:
12.2.2.1. actual receipt; or
12.2.2.2. five (5) Working Days after mailing;
12.2.3. delivered by hand shall be effective:
12.2.3.1. upon delivery if delivered on a Working Day between the hours of 9 am and 4 pm; or
12.2.3.2. at 11 am on the next following Working Day, if delivered after 4 pm, on a Working Day but before 9 am on that next following Working Day;
12.2.4. given by facsimile shall be deemed to have been received where there is confirmation of uninterrupted transmission by a transmission report and where there has been no telephonic communication by the recipient to the senders (to be confirmed in writing) that the facsimile has not been received in legible form:
12.2.4.1. within two (2) hours after sending, if sent on a Working Day between the hours of 9 am and 4 pm; or
12.2.4.2. by 11 am on the next following Working Day, if sent after 4 pm, on a Working Day but before 9 am on that next following Working Day.
12.3. Any notice sent to the Beneficiary` - shall be copied to the Contractor (and vice versa).
40
13. Governing Law and Jurisdiction
13.1. This Deed shall be considered as a contract made in Wales and shall be subject to the laws of England and Wales, as they apply in Wales.
13.2. The Parties submit to the exclusive jurisdiction of the courts of England and Wales, sitting at Cardiff.
EXECUTED AS A DEED by the parties or their duly authorised representatives on but not delivered until the date of this Deed.
[INSERT EXECUTION PARAGRAPHS]
41
+
Subcontract Completion Date and Programme [The Subcontractor will submit in accordance with the terms of the Services Agreement a draft programme to the Contractor and Project Manager for consideration in relation to the programming of the subcontract works. The programme will comply with the requirements of this subcontract and be a reasonable programme for the subcontract works involved and include a reasonable allowance of time to cover possible delay to the subcontract Completion Date through risks retained by the Subcontractor. The Accepted Programme as required by this subcontract will contain a reasonable programme of activities and the subcontract Completion Date will be identified on the Accepted Programme. The subcontract Completion Date will be a reasonable and realistic date based on the subcontract works required.]
42
+
The Subcontract Works Information The Subcontract Works Information The Bidder is required to use this information to comprise all required plans in Section G of the mini tender The Subcontracted Works Installation Specification System Provider Specification Asbestos Design Solutions Property Details
43
THE SUBCONTRACTED WORKS
The Penydarren, Merthyr Tydfil arbed 2 scheme consists of [insert number] properties for current installation. The scheme consists of the following streets The following is a map of the scheme area
44
INSTALLATION SPECIFICATION CLIENT MANAGEMENT: The arbed team refer all Bidders to the Subcontractors Code of Conduct. This document will be made available to all householders, and the Subcontractors will be vetted on an on-going basis in terms of their alignment with it. As part of the Mini Tender, all Bidders are required to provide a plan for engagement with clients.
INSTALL REQUIREMENTS: The Principle Contractor will be required to manage the installation of the following measures:
No. of measures
EWI Full CH Heating Controls
Fuel Switch Vphase
116 51 17 3 56 Please note that the number of EWI’s require a different spec.
EWI Brick Cavity
EWI Wimpy No Fines
EWI BISF - MVH
EWI BISF - Private
23 5 51 37
SMARTER PROFESSIONAL SOLUTIONS – TECHNICAL SURVEYING
Smarter Professional Solutions have been contracted by Melin Homes to provide all technical surveying for schemes. This service will provide the following key elements for the delivery of scheme and securing external funding streams:
Technical property Survey – a full technical property survey will be carried out to identify suitable energy efficiency measures. The survey will also look to provide full understanding of material qualities, enabling works and any issues that may result in measures not being installed.
EPCs – SPS will be carrying out and providing EPC/GDAR certification for each property within the scheme/contract requiring EWI – before and after the installation of measures.
Asbestos Surveys – All properties will receive a targeted asbestos survey, testing, and report for measures being installed. The content and structure of reports should be as set out in HSG264. Reports should contain photographs of the front elevation of the property surveyed, as well as the location of each sample taken even if the test results are negative.
45
Principle Contractors Asbestos Management
The Principle Contractors will be required to provide full management of all asbestos work including on site control, reporting, management, risk assessments and any removal work required in accordance with survey reports supplied by Smarter Professional Solutions and site conditions. They should work in accordance with the following specification:
Quality Assurance: All survey & removal work will be in accordance with UKAS accreditation to ISO 17020 in association with HSG264, HSG210, L143 and other relevant guides and approved codes of practice. In addition to this Melin reserve the right to undertake their own quality checks in the form of a resurvey of representative units at their own discretion.
Content of reports: The content and structure of reports should be as set out in HSG264. Reports should contain photographs of the front elevation of the property surveyed, as well as the location of each sample taken even if the test results are negative.
Areas of no access should also be photographed and presumed to contain asbestos so that they appear in the asbestos register. For management surveys this includes soffits where they are over clad, floors which are concealed by carpet or laminate, verge capping which could be concealing under cloak.
A building description is to be provided identifying the materials of key building elements. (See list provided). Schematics/floor plans also need to be provided.
Floor and wall mounted central heating boilers are generally excluded from the survey. However, where boilers are clearly damaged any debris should be safely sampled or if not resumed to contain asbestos. Also, where boilers are built into the fire hearth they should be presumed to contain asbestos due to the possibility of asbestos insulation Ellis board.
Provision of information: Smarter Professional Solution will provide all report and test data to Principle Contractors for each property on request.
Pre-survey risk assessment: As well as the technical survey, the surveyor must also consider the following potential hazards;
• Elderly tenants. • Young children. • Disabled people within the property.
It will be the Principle Contractors responsibility once given the program of works to liaise with the homeowners in order to agree a suitable date and time of entry to the property, to minimise the inconvenience to the tenants, Melin Homes will not be responsible for the cost of any no access or missed appointments that the Principle Contractors receives.
46
If on receiving an order the Principle Contractors is unable to gain access on his initial visit the Principle Contractors shall leave his official calling card supplied by the Principle Contractors requesting alternative times when work can be carried out. The Principle Contractors shall fulfil the arrangement, but if access is still not obtained on the second visit the Principle Contractors s shall inform Melin Homes.
The Principle Contractors shall make allowance for both "No Access" jobs and “No Access Cards” as no payment shall be made for the same. No payment will be made for abortive call-outs, whether due to no fault, no access or any other reason and the Principle Contractors shall make due allowance for the same in his price.
During the work: The Principle Contractors shall make good at his own expense any damage caused by his operations to the property, furniture, fittings or decoration.
Any complaints received either directly by the Principle Contractors or forwarded through to Melin Homes must be dealt with by the Principle Contractors promptly.
Insurance: Any insurance claim arising out of or in consequence of any work carried out by Principle Contractors and any sub-contractors are to be dealt with by the Principle Contractors’ insurance company as soon as possible.
47
This page explains the level of service you will receive from our Subcontractors. In order to provide you with a good and responsive installation service, the arbed project holds a framework of Subcontractors that are continually vetted and monitored, chosen for the quality, efficiency and price of their work. To be included in the competitions for work, Subcontractors must meet a Code of Conduct which sets out:
• what you can expect from our contractors (including Health and Safety requirements) • what our contractors can expect from you • responsibility of private arrangements • equal opportunities and discrimination.
If you feel these standards are not being met, please let us know. Your comments are important and will give us valuable information about our Subcontractors performance. We will always try to put right any complaint and you may have about our Subcontractors conduct in your home. What you can expect from our Subcontractors 1. Before arriving at your home
Before arriving at your home, the selected Subcontractors will write to you to confirm dates, installation details and arrangements. They will also provide you with contact details for site supervisor who will identify himself to you upon arrival on site. We can arrange a password between our Subcontractors and yourself, so that you can be sure whom you are letting into your home. If you would like a password, please advise the arbed 2 advisor when reporting your installation (0808 108 2398). 2. When arriving at your home: The Subcontractors will:
• give a password (if you have requested this) • show their ID cards • explain clearly what the work will involve, when it will be done and how long it will
take.
3. During the course of the works: The Subcontractors will:
• avoid making excessive visits to your home to bring materials • be responsible with scaffolding and where possible inform you when it will be erected
and when it will be taken down • keep inconvenience to a minimum and to keep your home clean and tidy, using dust
sheets
Subcontractors' code of conduct
48
During the installation, theSubcontractor will ensure your home is left safe, secure, wind and weatherproof, and where possible with all services left on. You will also be warned of any hazards. Where services are not available for longer periods of time, the Subcontractors will provide you with temporary heating and electricity. The contractor will not use the following without your permission:
• any belongings such as a ladder or chair • your telephone your toilet or kitchen, for example to make tea • your electricity, gas and water • your bathroom or kitchen to clean equipment - if you do give permission, the rooms
must be left clean and tidy.
4. When installations are completed: The Subcontractors will:
• tell you that the work is finished • remove all rubbish and leave your home tidy • the arbed team will inspect and sign off the installation, along with the Subcontractors
and supplier of the materials
In all circumstances, the arbed 2 team will monitor the customer experience, and inspect the works completed. As an ongoing assessment of delivery, our framework of Subcontractors will be vetted in response to reports on satisfaction and service. 5. At all times: The Subcontractors will:
• treat all details about you and your home confidentially • show respect for you and your property • consider the needs of elderly, disabled or persons who have special needs • be careful about security • comply with current Health & Safety in respect of sharp tools and toxic substances.
When in your home, the contractor will never:
• smoke, consume alcohol, or take any illegal substances • play music • use bad language • make any comments or gestures that you could consider discriminatory, offensive or
distasteful. • wear clothing or display body markings which could be deemed offensive to others
Subcontractors who fail to meet these standards are liable to be removed from our approved Subcontractors list.
Subcontractors' code of conduct
49
What our Subcontractors can expect from you In return for the above we ask you:
• to make arrangements for access to be given by an adult • to be co-operative about making appointments • to clear the work area of any belongings - please note Subcontractors may be willing
to help you with any heavy furniture, but you should clarify this before the work starts; they are not liable for damage to your belongings.)
• to keep your children and pets away from the work area and from the Subcontractors tools
• not to leave young children (under the age of 16 years old) on their own while Subcontractors are on site
Equal Opportunities and Discrimination Our policies on equal opportunities and discrimination apply to installation service. Our Subcontractors are expected to be equal opportunities employers and our code of practice sets out that we will not tolerate any form of discrimination. If a Subcontractors or a Subcontractors employees behave contrary to our policies, the company may be removed from our approved list.
Subcontractors' code of conduct
50
Installation Specifications ALL SPECIFICATION AND INSTALLATION INSTRUCTION HAVE BE INCLUDED WITH THE FOLLOWING SECTIONS
1.0 External Wall Insulation
1.1 Gas Central Heating System
1.2 Voltage Optimisation Units (Apex, Voltis Home, Vphase)
ALL ITEMS SHOULD BE INCLUDED WITHIN TENDER COST OR CONSIDER WITHIN BIDDERS SUBMISSION
51
The Site Information Refer to Section E for the scheme Site Information. The Bidder is required to use this information to comprise all required plans in Section G of the mini tender Site Description, Streets & Photos Risk Register Access & Egress Procedure Delivery Plan Welfare & Storage Plan Asbestos Management Plan
52
1.0 INTRODUCTION
i) Site Information to be provided by the Subcontractors will be dependant on:
• Availability of records relating to existing facilities
• Whether studies/research have been undertaken prior to appointment of the Subcontractor to the scheme
ii) The Subcontractor provides Site Information for their design elements of work.
iii) The Subcontractor obtains authorisation from the Contractor prior to incurring any expenditure required to obtain Site Information.
iv) The Subcontractor is responsible for obtaining all Site Information required for the design and construction of the works.
v) The Subcontractor interprets, evaluates and acts on all Site Information obtained or provided for the design elements and the works.
53
Property Details
54
55
56
Site Description, Streets & Photos Property breakdown as follows:
Street Name Total Properties Properties Surveyed
Properties Not Surveyed
Haydn Terrace - Private 56 37 19 Haydn Terrace - MVH 7 7 0 Marshal Crescent - Private 14 10 4 Marshal Crescent - MVH 27 26 1 Mitchell Crescent - Private 37 26 11 Mitchell Crescent - MVH 31 29 2
HAYDN TERRACE
57
MARSHAL CRESCENT
MITCHELL CRESCENT
58
Scheme & Site Boundary Subcontractors are permitted to work within the EWI/Heating & Plumbing Site Boundary only. Subcontractors are not permitted to use areas outside of the EWI/Heating & Plumbing Site Boundary for welfare, storage or parking.
59
Risk Register R
isk
Ris
k D
escr
iptio
n
Impact
Likelihood
Status
Ris
k M
anag
emen
tR
esid
ual R
isk
& R
isk
Man
agem
ent
Act
ion
By
Dat
e A
ctio
n R
equi
red
By
Com
plet
e
Con
trac
t & Q
ualit
y M
anag
emen
t
1M
anag
emen
t of Q
uality
Risk
of p
oor q
uality
insta
llatio
ns th
at le
ave
hous
ehol
ders
with
poo
r ser
vice
and
fault
y pr
oduc
ts
45
20
43
12M
elin
Hom
es, a
cting
as S
chem
e M
anag
er a
nd M
ain C
ontra
ctor
, w
ill m
anag
e th
e fra
mew
ork
of in
stalle
rs, c
onsis
tent
ly m
onito
ring
the
quali
ty o
f wor
ks in
stalle
d
For e
ach
sche
me,
and
eac
h te
chno
logy
, the
Sch
eme
Man
ager
will
run
mini
tend
ers f
or th
e w
ork.
The
se m
ini te
nder
s will
be e
valua
ted
on th
e ba
sis o
f 70%
qua
lity a
nd 3
0% p
rice.
Sche
me
Man
ager
At m
ini te
nder
sta
ge fo
r eac
h sc
hem
e
32
6Th
e Pr
incip
le C
ontra
ctor
is re
spon
sible
for m
anag
ing a
nd re
porti
ng
on th
e qu
ality
of w
orks
on
site.
Whe
re w
orkm
ansh
ip a
nd q
uality
ha
s not
bee
n ke
pt u
p, th
e Pr
incip
le C
ontra
ctor
is re
spon
sible
for
pres
entin
g to
the
Sche
me
Man
ager
a su
itabl
e an
d tim
ely
rem
ediat
ion
plan
.
Whil
st th
e Pr
incip
le C
ontra
ctor
is re
spon
sible
for m
anag
ing q
uality
on
site
, the
Pro
ject
Lea
d fo
r the
Sch
eme
Man
ager
will
visit
site
to
inspe
ct a
nd m
onito
r qua
lity a
nd w
orkm
ansh
ip.
Princ
iple
Con
tract
orA
t mini
tend
er
stage
for e
ach
sche
me
22
4Th
e Su
pplie
rs o
f the
mat
erial
s will
prov
ide
a fu
ll spe
cifica
tion
for
the
insta
llatio
n. T
he S
uppl
ier w
ill als
o sig
n of
f eve
ry in
stalla
tion.
Princ
iple
Con
tract
orA
t mini
tend
er
stage
for e
ach
sche
me
2M
anag
emen
t of D
ata
Qua
lity a
nd su
rvey
ingRi
sk o
f poo
r sur
veyin
g, le
ading
to in
adaq
uate
or
inco
rrect
dat
a, in
corre
ct in
stalla
tions
33
9
32
6M
elin
Hom
es w
ill ha
ve su
rvey
ed e
very
pro
perty
on
the
sche
me
in ad
vanc
e of
the
mini
tend
er p
roce
ss. T
he E
nerg
y Sa
ving
Trus
t will
mon
itor a
nd re
port
on C
usto
mer
Sat
isfac
tion
at th
e po
int o
f C
usto
mer
Agr
eem
ents
going
to th
e ho
useh
olde
r
Thro
ugho
ut th
e m
ini te
nder
pro
cess
, the
insta
llers
pric
ing th
e w
orks
, will
ensu
re th
ey v
et a
ll dat
a. It
is th
e re
spon
sibilit
y of
the
insta
llers
to e
nsur
e th
ey a
re h
appy
to u
se th
e w
orks
info
rmat
ion
prov
ided
.
Sche
me
Man
ager
Surv
ey S
tage
31
3Fo
llow
ing th
e m
ini te
nder
pro
cess
, the
insta
llers
may
dea
m it
ne
cess
ary
to a
sses
s the
info
rmat
ion
prov
ided
. All i
nifor
mat
ion
colle
cted
by
the
insta
ller w
ill be
pro
vided
to M
elin
Hom
es. T
he
mini
tend
er a
nd N
EC c
ontra
ct th
at th
e ins
talle
rs w
ill be
wor
king
un
der,
requ
ires t
hat i
nsta
llers
act
in a
pro
fess
iona
l man
ner w
hen
wor
king
aro
und
hous
ehol
ders
.
The
Ener
gy S
aving
Tru
st w
ill m
onito
r Cus
tom
er S
atisf
actio
n ea
rly
on d
uring
the
Insta
ll Pha
se, w
hilst
also
prov
iding
the
help
/ ad
vice
line
for h
ouse
hold
ers.
Cus
tom
er S
atisf
actio
n lev
els, a
nd fe
edba
ck
from
hou
seho
lder
s will
play
a k
ey p
art i
n th
e on
going
mon
itorin
g of
th
e fra
mew
ork
of in
stalle
rs.
Princ
iple
Con
tract
or &
Su
bcon
tract
ors
Mini
Ten
der a
nd
Site
C
omm
ence
men
t St
age
3D
elays
to sc
hem
e by
sche
me
wor
ksRi
sk o
f sch
eme
delay
s, di
srup
tion
to
hous
ehol
ders
and
failu
re to
mee
t sch
eme
expe
nditu
re.
43
12
42
8W
hen
tend
ering
for w
orks
, the
Prin
ciple
Con
tract
or w
ill pr
ovid
e a
Risk
Ass
essm
ent t
hat w
ill aim
to m
itigat
e an
y ris
ks th
at fa
ll to
the
role
of th
e Pr
incip
le C
ontra
ctor
. The
se ri
sks n
eed
to b
e inc
luded
w
ithin
the
price
pro
vided
. How
ever
, any
risk
s tha
t aris
e th
at a
re
outsi
de o
f the
con
trol o
f the
Prin
ciple
Con
tract
or w
ill ne
ed to
be
nego
tiate
d w
ith th
e Sc
hem
e M
anag
er a
nd e
viden
ced
at th
e ea
rlies
t op
portu
nity.
The
Princ
iple
Con
tract
or w
ill pr
esen
t the
Sch
eme
Man
ager
with
ac
cura
te a
nd fe
asib
le ins
talla
tion
date
s. A
ny c
hang
es to
thes
e da
tes
will
be p
rom
ptly
revis
ed a
nd se
nt to
Meli
n H
omes
. EST
/ M
elin
Hom
es w
ill co
mm
unica
te w
ith h
ouse
hold
ers t
hrou
ghou
t the
ins
talla
tion
phas
e.
Princ
iple
Con
tract
or
Mini
Ten
der a
nd
Site
C
omm
ence
men
t St
age
Ris
k R
egis
ter
20/1
2/20
12
Risk
Log
Proj
ect N
ame:
Arb
ed 2
ER
DF
Clie
nt R
isk
Reg
iste
rDa
te:
20/1
1/20
12
Asse
ssor
:S
teve
Arn
old
Revi
ew D
ate:
60
32
6Th
e Pr
ojec
t Lea
d fo
r the
Sch
eme
Man
ager
will
mon
itor a
nd re
port
on p
rogr
ess.
Full o
n sit
e Pr
ogre
ss M
eetin
gs w
ill be
held
on
site
each
wee
k to
give
the
insta
llers
an
oppo
rtunit
y to
repo
rt on
pr
oblem
s.
All i
nsta
llers
will
be re
quire
d to
hol
d a
Rem
ediat
ion
Plan
that
will
pres
ent p
lans f
or d
ealin
g w
ith d
elays
to p
rogr
amm
e, a
s a re
sult
of
site
cond
itions
or p
robl
ems w
ith a
cces
s. Th
is w
ill be
kep
t live
and
m
anag
ed b
y th
e Pr
incip
le C
ontra
ctor
Sche
me
Man
ager
4In
clem
ent W
eath
erRi
sk to
pro
gram
me,
risk
to c
usto
mer
sa
tisfa
ctio
n, ri
sk to
exp
endi
ture
43
12
33
9Th
ere
is a
stron
g lik
eliho
od th
at b
ad w
eath
er w
ill ca
use
site
cond
itions
to b
ecom
e di
fficu
lt. A
s far
as i
s rea
sona
bly
prac
ticab
le,
the
Princ
iple
Con
tract
or is
resp
onsib
le fo
r acc
eptin
g th
e ris
k so
far
as a
vera
ge w
eath
er fo
r the
tim
e of
yea
r the
insta
llatio
ns w
ill be
ta
king
plac
e. If
the
wea
ther
is w
orse
than
"ave
rage
", th
e Pr
incip
le C
ontra
ctor
will
need
to e
viden
ce th
is us
ing M
et O
ffice
reco
rds.
Whe
n pr
ogra
mm
ing w
orks
, the
insta
llers
will
need
to b
reak
up
the
proc
ess o
f ins
tallin
g te
chno
logy
on
a pr
oper
ty. T
his w
ill all
ow
incre
men
tal p
aym
ents
prop
erty
by
prop
erty
, and
will
enab
le th
e ins
talle
r to
adju
st ac
tivity
to su
it th
e w
eath
er.
Princ
iple
Con
tract
or
Ong
oing
th
roug
hout
co
ntra
ct
5C
ontra
ct M
anag
emen
tFa
ilure
to a
bide
by
cont
ract
rules
43
12
32
6M
elin
Hom
es w
ill ho
ld C
ontra
ctor
Wor
ksho
ps to
ens
ure
that
ins
talle
rs a
nd su
pplie
rs a
re c
lear o
n co
ntra
ct p
roce
ss, a
nd w
hat i
s ex
pect
ed o
f the
m.
The
Proj
ect M
anag
er w
ithin
the
Sche
me
Man
ager
will
be
ultim
ately
resp
onsib
le fo
r ens
uring
that
the
insta
llers
pro
vide
adaq
uate
site
reco
rds t
o en
sure
pay
men
ts an
d co
ntra
ctua
l ob
ligat
ions
are
met
. All e
xten
sions
of t
ime
and
com
pens
atio
n ev
ents
mus
t be
pres
ente
d an
d sig
ned
by a
Meli
n em
ploy
ee w
ith
due
notic
e.
Sche
me
Man
ager
Mini
Ten
der a
nd
Site
C
omm
ence
men
t St
age
6D
efec
tsRi
sk to
pro
gram
me,
risk
to c
usto
mer
sa
tisfa
ctio
n, ri
sk to
exp
endi
ture
43
12
32
6Th
e Pr
ojec
t Lea
d fo
r the
Sch
eme
Man
ager
will
mon
itor q
uality
, via
the
inspe
ctio
n pr
oces
s. A
ll ins
talla
tions
will
be si
gned
off
by th
e C
lient
, Prin
ciple
Con
tract
or, t
he S
chem
e M
anag
er a
nd th
e Su
pplie
r. A
ny d
efec
ts m
ust b
e ca
rried
out
in lin
e w
ith th
e co
ntra
ct.
The
insta
ller m
ust h
old
a re
med
iatio
n pl
an th
at in
corp
orat
es a
ny
area
s tha
t may
resu
lt in
defe
cts i
n w
ork.
This
mus
t spe
cify
desig
n so
lutio
ns in
acc
orda
nce
with
the
mat
erial
s sup
plier
spec
ificat
ion.
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
32
6Th
e ins
talle
r mus
t hol
d a
suita
bly
traine
d an
d co
mpe
tent
site
su
perv
isor o
n sit
e at
all t
imes
to m
onito
r the
qua
lity o
f w
orkm
ansh
ip o
n sit
e
Whe
re a
subc
ontra
ctor
has
take
n on
the
role
of P
rincip
le C
ontra
ctor
, the
y m
ust a
lso h
old
a sit
e m
anag
er w
ho u
nder
take
s a
suita
ble
quali
ty in
spec
tion
plan
.
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
Logi
stic
s M
anag
emen
t
7D
elive
ries
Risk
of u
ntim
ely d
elive
ries c
ausin
g di
srup
tion
to
hous
ehol
ders
43
12
32
6D
elive
ries w
ill on
ly be
allo
wed
to e
nter
the
area
with
in th
e tim
efra
me
spec
ified
in th
e m
ini te
nder
Deli
verie
s mus
t be
on th
e co
rrect
tran
spor
t, as
spec
ified
in th
e m
ini
tend
erPr
incip
le C
ontra
ctor
&
Supp
lier
Ong
oing
th
roug
hout
co
ntra
ct
8D
elive
ries
Risk
of u
nsaf
e dr
iving
, deli
verin
g, u
nload
ing4
312
32
6D
etail
s of a
ll driv
ers m
ust b
e pr
ovid
ed b
y th
e Su
pplie
r to
the
Princ
iple
Con
tract
or a
nd S
chem
e M
anag
er in
adv
ance
The
Princ
iple
Con
tract
or m
ust m
onito
r the
det
ails o
f the
driv
ers t
o en
sure
that
they
abi
de b
y th
e ru
les o
f the
site
. The
Prin
ciple
Con
tract
or m
ust k
eep
reco
rds o
f all d
river
s and
visi
tors
to th
e sit
e.
Princ
iple
Con
tract
or &
Su
pplie
r
Ong
oing
th
roug
hout
co
ntra
ct
61
9D
elive
ries
Risk
to th
e ge
nera
l pub
lic d
uring
recip
t of
deliv
eries
43
12
32
6A
ll deli
verie
s mus
t be
rece
ived
in a
pre-
plan
ned
area
, des
ignat
ed
and
segg
raga
ted
as n
eces
sary
All c
ertif
icate
s for
hiab
use
rs m
ust b
e pr
ovid
ed to
the
Princ
iple
Con
tract
or in
adv
ance
. Pr
incip
le C
ontra
ctor
&
Supp
lier
Ong
oing
th
roug
hout
co
ntra
ct
10C
o-or
dina
tion
of d
elive
ries
Risk
of s
uppl
y of
mat
erial
s not
bein
g ca
rried
ou
t in
conj
unct
ion
with
dem
and.
Risk
to
prog
ram
me,
risk
of d
isapp
oint
ed a
nd d
isrup
ted
hous
ehol
ders
33
9
31
3It
is th
e re
spon
sibilit
y of
the
Princ
iple
Con
tract
or to
arra
nge
"just
in tim
e de
liver
ies" t
o sit
e. It
is e
mpe
rativ
e th
at st
ock
does
not
pile
up
on si
te, w
hilst
also
ensu
ring
that
hou
seho
lder
s are
not
disr
upte
d du
e to
dela
yed
deliv
eries
The
Princ
iple
Con
tract
or m
ust e
nsur
e th
at c
o-or
dina
tion
betw
een
site
staff,
supp
ort s
taff
and
supp
lier a
rrang
men
ets a
re e
fficie
nt a
nd
have
cap
acity
to ta
ke o
n th
is lev
el of
co-
ordi
natio
n
Princ
iple
Con
tract
or &
Su
pplie
r
Ong
oing
th
roug
hout
co
ntra
ct
31
3Th
e Pr
incip
le C
ontra
ctor
is re
spon
sible
for a
gree
ing a
Deli
very
and
C
all-O
ff Sc
hedu
le w
ith th
e Su
pplie
r and
the
Sche
me
Man
ager
. It
will
be a
gree
d th
at th
e ne
cess
ary
time
perio
d re
quire
d fo
r jus
t in
time
deliv
eries
.
The
Princ
iple
Con
tract
or is
requ
ired
to e
nsur
e th
at th
e ag
reed
tim
e fra
me
for t
he c
all o
f of m
ater
ials i
s kep
t. W
here
dela
ys a
re
incur
red
as a
resu
lt of
the
time
not b
eing
kept
and
as a
resu
lt of
po
or p
lannin
g an
d sit
e m
anag
emen
t, th
e Pr
incip
le C
ontra
ctor
mus
t ac
cept
this
risk
and
pres
ent a
mea
ns to
rem
ediat
e th
e de
lays.
How
ever
, whe
n th
e su
pplie
r has
faile
d to
deli
ver i
n ac
cord
ance
w
ith th
e de
liver
y sc
hedu
le, w
here
the
nece
ssar
y no
tice
has b
een
given
, the
Sup
plier
will
be re
spon
sible
for r
espo
nding
in a
tim
ely
man
ner a
nd re
med
iating
the
delay
s to
site
prog
ress
.
Princ
iple
Con
tract
or &
Su
pplie
r
Ong
oing
th
roug
hout
co
ntra
ct
11St
orag
e of
deli
verie
sRi
sk to
clo
gging
up
of si
te. R
isk o
f unt
idyn
ess,
Risk
of m
ater
ials t
heft
/ van
dalis
m3
26
31
3M
ater
ial m
ust b
e ca
lled
off f
or ju
st in
time
deliv
ery,
restr
icting
the
volum
e sto
red
on si
teD
elive
ries t
o be
stor
ed in
a d
esign
ated
are
a, m
onito
red
daily
by
the
Princ
iple
Con
tract
or. T
he ri
sk o
f the
ft an
d va
ndali
sm is
the
resp
onsib
ility
of th
e Pr
incip
le C
ontra
ctor
.
Princ
iple
Con
tract
or &
Su
pplie
r
Ong
oing
th
roug
hout
co
ntra
ct
12W
elfar
eRi
sk o
f ina
daqu
ate
welf
are
facil
ities
32
6
31
3It
is th
e re
spon
sibilit
y of
the
Princ
iple
Con
tract
or to
arra
nge
welf
are
facil
ities f
or a
ll em
ploy
ees a
nd su
bcon
tract
ors o
n th
e sit
e,
in lin
e w
ith H
SE re
quire
men
ts.
The
welf
are
facil
ities w
ill be
insp
ecte
d on
a m
onth
ly ba
sis b
y th
e Pr
ojec
t Lea
der.
Princ
iple
Con
tract
or
Ong
oing
th
roug
hout
co
ntra
ct
13C
lient
Man
agem
ent
Risk
of i
nada
quat
e m
anag
emen
t of
appo
intm
ents,
clie
nt e
xpec
tatio
ns4
312
31
3Th
e Pr
incip
le C
ontra
ctor
mus
t ens
ure
they
hav
e ad
aqua
te a
dmin
/ of
fice
supp
ort t
o m
anag
e qu
errie
s, cu
stom
er se
rvice
and
ap
point
men
ts
The
Princ
iple
Con
tract
or m
ust c
omm
unica
te a
ppoi
ntm
ents
&
resp
onse
to q
uerri
es th
roug
h th
e ad
vice
line
in ES
T.Pr
incip
le C
ontra
ctor
O
ngoi
ng
thro
ugho
ut
cont
ract
Hea
lth &
Saf
ety
Man
agem
ent
14O
n Si
te H
ealth
& S
afet
yRi
sk o
f dam
age
to re
puta
tion,
risk
to
hous
ehol
ders
, gen
eral
publ
ic an
d sit
e op
erat
ives
33
9
62
32
6Th
e fra
mew
ork
agre
emen
t will
have
alre
ady
vette
d all
con
tract
ors
on th
e fra
mew
ork.
As p
art o
f the
mini
tend
er p
roce
ss, t
he in
stalle
rs
will
pres
ent f
or a
sses
smen
t a fu
ll Hea
lth, S
afet
y, E
nviro
nmen
t &
Qua
lity P
lan (H
SEQ
Plan
). Th
is w
ill inc
orpo
rate
all s
ite sp
ecific
m
etho
d sta
tem
ents,
pro
cedu
res a
nd p
roce
sses
.
The
HSE
Q P
lan w
ill fo
rm th
e m
ain p
art o
f the
qua
lity a
sses
smen
t (7
0%) o
f the
the
mini
tend
er. A
n on
going
sche
me
to sc
hem
e m
onito
ring
of th
e sit
e pe
rform
ance
of c
ontra
ctor
s will
also
influe
nce
the
awar
ding
of f
utur
e te
nder
s.
Sche
me
Man
ager
Mini
Ten
der a
nd
Site
C
omm
ence
men
t St
age
15Re
porti
ng o
n H
ealth
& S
afet
yIn
adaq
uate
repo
rting
and
mon
itorin
g of
site
pe
rform
ance
in te
rms o
f Hea
lth &
Saf
ety
33
9
31
3Th
e ele
cted
Prin
ciple
Con
tract
or w
ill be
resp
onsib
le fo
r the
on
going
day
to d
ay m
onito
ring
of h
ealth
and
safe
ty. T
he P
C w
ill be
re
spon
sible
for r
epor
ting
accid
ents,
failu
res,
near
miss
es to
the
Sche
me
Man
ager
on
a w
eekl
y ba
sis.
The
Princ
iple
Con
tract
or w
ill be
resp
onsib
le fo
r ens
uring
the
all
subc
ontra
ctor
s on
site
are
suita
bly
prep
ared
for w
ork
on si
te
(PPE
), th
at a
ll suit
able
welf
are
is pr
ovid
ed a
nd th
at d
ust a
nd n
oise
po
lutio
n is
kept
to a
n ab
solut
e m
inim
um.
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
31
3Th
e Pr
incip
le C
ontra
ctor
mus
t pro
vide
traini
ng re
cord
s for
all
empl
oyee
s on
site.
All e
mpl
oyee
s on
site
mus
t hav
e th
e re
laven
t C
SCS
card
for t
heir
role.
Any
visi
tors
to th
e sit
e m
ust a
lway
s be
acco
mpa
nied
by th
e re
spon
sible
pers
on, i
f the
visi
tor i
s not
CSC
S tra
ined.
The
Princ
iple
Con
tract
or m
ust e
nsur
e th
at a
ll not
ices t
o re
laven
t bo
dies
is in
plac
e in
a tim
ely m
anne
r.Pr
incip
le C
ontra
ctor
Ong
oing
th
roug
hout
co
ntra
ct
16D
issat
isfied
Cus
tom
er d
ue to
gen
eral
upke
ep o
f sit
eRi
sk o
f da
mag
e to
repu
tatio
n du
e to
insta
llers
no
t kee
ping
site
tidy
eno
ugh,
and
risk
s put
ting
hom
eow
ner a
t risk
.
33
9
31
3ES
T w
ill pr
ovid
e a
perm
anen
t adv
ice lin
e fo
r all c
usto
mer
s. A
ll co
mpl
aints
will
follo
w th
e sta
ndar
d A
rbed
Com
plain
ts Re
solut
ion
Proc
edur
e
The
Sche
me
Man
ager
requ
ires t
hat i
nsta
llers
reco
rd, t
rack
and
re
port
all A
ccid
ents
& N
ear M
isses
on
site.
In th
is ca
se a
ny
com
plain
t will
be in
vesti
gate
d an
d th
e ins
talle
rs n
otifie
d. T
he
Insta
ller w
ill be
give
n an
opp
ortu
nity
to re
med
iate
any
on si
te
prob
lems w
hilst
Meli
n H
omes
mon
itors
their
per
form
ance
and
cu
stom
er sa
tisfa
ctio
n fo
r a p
erio
d of
1 m
onth
, in
line
with
HSE
leg
islat
ion
Princ
iple
Con
tract
or
Ong
oing
th
roug
hout
co
ntra
ct
17C
usto
mer
put
at m
inor r
isk a
nd M
elin
Hom
es
notif
ied th
roug
h ph
one
line,
insta
ller,
or si
te
spot
che
ck
Risk
of d
amag
e to
repu
tatio
n.
43
12
31
3Th
e Sc
hem
e M
anag
er re
quire
s tha
t ins
talle
rs re
cord
, tra
ck a
nd
repo
rt all
Acc
iden
ts &
Nea
r Miss
es o
n sit
e. F
ollo
wing
a m
inor
accid
ent,
an in
vesti
gatio
n w
ill ta
ke p
lace,
and
the
insta
ller w
ill be
re
quire
d to
rem
ediat
e an
d m
itigat
e an
d da
nger
ous o
ccur
ance
to
ensu
re sa
fe w
orki
ng p
roce
dure
s are
bein
g fo
llow
ed o
n sit
e. T
he
cont
ract
or a
gree
s to
ackn
owled
ge a
ll lev
el 2
com
plain
ts w
ithin
12
hour
s and
form
a d
etail
ed c
onstr
uctiv
e re
spon
se/so
lutio
n w
ithin
48
hour
s to
both
the
hous
ehol
der a
nd M
elin
Hom
es
Princ
iple
Con
tract
or
Ong
oing
th
roug
hout
co
ntra
ct
18C
usto
mer
or m
embe
r of g
ener
al pu
blic
suffe
rs
from
a m
inor o
r maj
or a
ccid
ent
Risk
of d
amag
e to
repu
tatio
n.
53
15
31
3Th
e Sc
hem
e M
anag
er re
quire
s tha
t ins
talle
rs re
cord
, tra
ck a
nd
repo
rt all
Acc
iden
ts &
Nea
r Miss
es o
n sit
e.In
the
case
of a
n ac
tual
accid
ent,
the
insta
ller w
ill be
take
n of
f the
jo
b, w
hilst
a fu
ll inv
estig
atio
n is
unde
rway
. Ano
ther
insta
ller w
ill fin
ish a
ny w
ork
on si
te so
as t
o m
ake
the
site
safe
.
Princ
iple
Con
tract
or
Ong
oing
th
roug
hout
co
ntra
ct
63
31
3Th
e Sc
hem
e M
anag
er w
ill w
ork
with
the
HSE
to e
nsur
e th
at th
e ins
talle
rs a
re fo
llow
ing sa
fe w
orki
ng p
roce
dure
s and
that
the
hom
ewon
ers a
nd g
ener
al pu
blic
are
not p
ut a
t risk
, in
line
with
H
SE le
gislat
ion
and
requ
irem
ents.
Sche
me
Man
ager
Ong
oing
th
roug
hout
co
ntra
ct
19Si
te ti
dyne
ssRi
sk o
f slip
s, tri
ps &
falls
for h
omeo
wne
r, ris
k of
mino
r inj
ury
32
6
31
3Th
e Pr
incip
le C
ontra
ctor
is re
spon
sible
for m
onito
ring
and
man
aging
site
tidy
ness
. Th
e Sc
hem
e M
anag
er w
ill un
derg
o m
onth
ly sit
e ch
ecks
to e
ach
site
that
insta
llers
are
wor
king
on.
Pr
incip
le C
ontra
ctor
Ong
oing
th
roug
hout
co
ntra
ct
31
3Th
e Sc
hem
e M
anag
er w
ill re
quire
that
insta
llers
pre
sent
a m
eans
to
man
age
the
close
dow
n of
site
s at t
he e
nd o
f the
day
. Ins
talle
r Si
te M
anag
ers s
hould
also
pre
sent
a m
eans
of m
anag
ing th
e lev
el of
site
tidy
ness
dur
ing w
orki
ng h
ours
.
Sche
me
Man
ager
Ong
oing
th
roug
hout
co
ntra
ct
20W
orki
ng fr
om h
eight
Risk
of m
ater
ial fa
lling
from
scaf
fold
ing, r
isk o
f m
inor &
maj
or in
jury
to h
omeo
wne
r4
520
21
2Th
e Sc
hem
e M
anag
er w
ill ins
ist th
at In
stalle
rs d
o no
t sto
re a
ny
mat
erial
s at h
eight
The
Princ
iple
Con
tract
or w
ill be
resp
onsib
le fo
r ens
uring
the
site
is tid
y an
d no
t cau
sing
any
risk
to h
ouse
hold
ers a
nd th
e ge
nera
l pu
blic.
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
21W
orki
ng fr
om h
eight
Risk
of f
alling
from
heig
ht b
y ins
talle
r, ris
k of
m
ajor
inju
ry2
36
21
2Th
e Sc
hem
e M
anag
er re
quire
all i
nsta
llers
to b
e "c
lippe
d in"
usin
g a
harn
ess m
etho
d w
hilst
all w
ork
at h
eight
is u
nder
take
nTh
e Sc
hem
e M
anag
er w
ill au
dit t
his d
uring
on
site
spot
che
cks.
The
insta
ller w
ill ha
ve b
e giv
en 1
war
ning
befo
re w
ork
is sto
pped
.Pr
incip
le C
ontra
ctor
Ong
oing
th
roug
hout
co
ntra
ct
22Eq
uipm
ent b
eing
store
d on
site
Risk
of m
inor i
njur
y to
hom
eow
ner w
ho is
not
aw
are
of e
quip
men
t, 2
36
21
2Th
e Pr
incip
le C
ontra
ctor
will
man
age
and
impl
emen
t sto
rage
fa
cilitie
s on
site,
suita
ble
to th
e na
ture
of t
he a
rea.
The
Sche
me
Man
ager
will
insist
that
Insta
llers
stor
e eq
uipm
ent i
n a
suita
ble
man
or, d
emar
catin
g sto
rage
zone
s and
pro
viding
safe
mea
ns o
f ac
cess
aro
und
any
equip
men
t
This
will
be a
udite
d at
mon
thly
spot
che
cks
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
23M
ater
ials b
eing
store
d on
site
Risk
of m
inor i
njur
y to
hom
eow
ner w
ho is
not
aw
are
of m
ater
ials
43
12
22
4Th
e Pr
incip
le C
ontra
ctor
will
man
age
and
impl
emen
t sto
rage
fa
cilitie
s on
site,
suita
ble
to th
e na
ture
of t
he a
rea.
The
Sche
me
Man
ager
will
insist
that
Insta
llers
stor
e eq
uipm
ent i
n a
suita
ble
man
or, d
emar
catin
g sto
rage
zone
s and
pro
viding
safe
mea
ns o
f ac
cess
aro
und
any
equip
men
t
This
will
be a
udite
d at
mon
thly
spot
che
cks
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
24D
ust
Risk
of m
inor i
njur
y to
hom
eow
ner f
rom
dus
t cr
eate
d by
wor
king
s4
416
22
4Th
e Sc
hem
e M
anag
er w
ill re
ques
t the
Prin
ciple
Con
tract
or
mon
itor t
he le
vels
of d
ust a
t all t
imes
. At t
he e
nd o
f eve
ry w
ork
day,
any
dus
t cau
sed
by w
orks
on
site,
mus
t be
clean
ed a
way
This
will
be a
udite
d at
mon
thly
spot
che
cks
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
25U
se o
f lad
ders
Risk
of i
nsta
llers
fallin
g fro
m la
dder
s thr
ough
inp
rope
r use
45
20
42
8La
dder
s may
be
used
on
site,
how
ever
, the
se m
ust a
lway
s be
tied
in at
the
top.
Lad
ders
may
only
be
used
as a
mea
ns o
f acc
ess a
nd
not a
s a p
iece
of e
quip
men
t for
wor
king
on.
For
wor
king
at h
eight
, sc
affo
lding
mus
t be
used
as p
er b
est p
ract
ice a
nd H
SE
requ
irem
ents
This
will
be a
udite
d at
mon
thly
spot
che
cks
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
64
26U
nload
ing o
f mat
erial
sRi
sk o
f ins
talle
rs fa
lling
from
ladd
ers t
hrou
gh
inpro
per u
se, f
alling
from
side
of w
agon
43
12
42
8Th
e Pr
incip
le C
ontra
ctor
is re
spon
sible
for e
nsur
ing th
at n
o em
ploy
ee o
f any
subc
ontra
ctor
wor
ks o
n th
e ba
ck o
f any
flat
bed
wag
on th
at h
as n
o ed
ge p
rote
ctio
n in
plac
e
It is
the
resp
onsib
ility
of th
e M
ater
ials S
uppl
ier to
ens
ure
that
eve
ry
wag
on se
nt to
site
has
a K
- Gua
rd ty
pe sy
stem
in p
lace
to e
nsur
e th
at sa
fe u
nload
ing c
an ta
ke p
lace
Princ
iple
Con
tract
or &
Su
pplie
r
Ong
oing
th
roug
hout
co
ntra
ct
27U
se o
f mob
ile to
wer
sRi
sk o
f ins
talle
rs fa
lling
from
ladd
ers t
hrou
gh
inpro
per u
se4
312
42
8M
obile
tow
ers a
re n
ot a
llow
ed o
n sit
e.Pr
incip
le C
ontra
ctor
Ong
oing
th
roug
hout
co
ntra
ct
28U
se o
f Sca
ffold
ingRi
sk th
at sc
affo
lding
ere
cted
is n
ot fi
t for
pu
rpos
e, n
ot si
gned
off
corre
ctly,
or s
ituat
ion
chan
ges t
hat p
uts t
he g
ener
al pu
blic,
op
erat
ives,
hom
eow
ner a
t risk
.
43
12
42
8A
ll wor
king
from
heig
ht is
nee
ded
to b
e pl
anne
d in
adva
nce.
For
ex
ampl
e, a
n as
sess
men
t of t
he g
roun
d, a
met
hod
state
men
t for
its
cons
truct
ion,
and
an
asse
ssm
ent o
f its
suita
bility
with
the
prop
erty
, th
e su
rroun
ding
are
a, a
nd th
e w
eath
er.
The
Princ
iple
Con
tract
or m
ust p
rovid
e th
e Sc
hem
e M
anag
er w
ith
the
scaf
fold
ing c
erts
for s
ubco
ntra
ctor
s bein
g us
ed. I
nsta
llers
mus
t pr
ovid
e a
string
ent c
heck
ing p
roce
dure
for m
anag
ing a
nd
mon
itorin
g th
e sc
affo
lding
tags
, alo
ng w
ith c
heck
s on
suita
bility
and
co
mpl
ete
use.
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
42
8A
s the
insta
lling
of E
WI r
equir
es fr
eque
nt a
djus
tmen
ts to
the
scaf
fold
ing, t
his n
eeds
to b
e pl
anne
d in
adva
nce,
risk
ass
esse
d.
Follo
wing
eve
ry a
djus
tmen
t, th
e sc
affo
ld ta
gs n
eed
to b
e re
plac
ed
follo
wing
full c
heck
s by
a tra
ined
and
com
pete
nt p
erso
n.
The
Sche
me
Man
ager
will
chec
k th
e co
rrect
usa
ge a
nd su
itabi
lity
of sc
affo
ldlin
g du
ring
on si
te sp
ot c
heck
sPr
incip
le C
ontra
ctor
Ong
oing
th
roug
hout
co
ntra
ct
29W
orki
ng a
roun
d ho
meo
wne
rsA
ppre
ciatio
n to
hom
eow
ner
33
9
31
3Th
e Sc
hem
e M
anag
er re
quire
s ope
rativ
es to
be
polite
at a
ll tim
es
to h
omeo
wne
rs a
nd th
e ge
nera
l pub
lic. T
he P
rincip
le C
ontra
ctor
m
ust s
how
willi
ng to
mon
itor c
lient
man
agem
ent o
n sit
e an
d re
port
to th
e Sc
hem
e M
anag
er a
s nec
essa
ry
Cus
tom
er S
atisf
actio
n su
rvey
s will
chec
k on
the
com
mun
icatio
ns
betw
een
insta
ller o
pera
tives
and
hom
eow
ners
. Cus
tom
er
Satis
fact
ion
mus
t be
done
dur
ing in
stalla
tions
or a
t lea
st w
ithin
a tim
ely p
erio
d af
terw
ards
. The
Sch
eme
Man
ager
will
spea
k to
ho
meo
wne
rs d
uring
on
site
spot
che
cks,
any
prob
lems w
ill be
br
ough
t to
the
insta
llers
imm
ediat
ely.
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
30A
cces
s & e
gres
sRi
sk o
f mino
r inj
ury
from
slip
s, tri
ps, f
alls,
44
16
32
6Th
e Pr
incip
le C
ontra
ctor
mus
t plan
the
site
to e
nsur
e all
are
as a
re
segg
raga
ted
and
dem
arca
ted
arou
nd th
e ho
meo
wne
rs p
rope
rty.
The
Sche
me
Man
ager
will
mon
itor t
his d
uring
on
site
spot
che
cks
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
31N
oise
Nuis
ance
for h
omeo
wne
r and
neig
hbou
rhoo
d3
39
21
2Th
e Pr
incip
le C
ontra
ctor
mus
t fol
low
gen
eral
guid
eline
s for
noi
sy
wor
k du
ring
wor
king
hou
rs, a
s per
HSE
requ
irem
ents.
This
will
be c
heck
ed d
uring
Cus
tom
er S
atisf
actio
n Su
rvey
sPr
incip
le C
ontra
ctor
Ong
oing
th
roug
hout
co
ntra
ct
32W
orki
ng H
ours
Nuis
ance
for h
omeo
wne
r and
neig
hbou
rhoo
d3
26
31
3Th
e Pr
incip
le C
ontra
ctor
mus
t fol
low
gen
eral
guid
eline
s for
w
orki
ng h
ours
Princ
iple
Con
tract
orO
ngoi
ng
thro
ugho
ut
cont
ract
65
Access & Egress Procedure All Melin staff and Subcontractors must follow the below procedure prior to entering any property or grounds of a property:
Pre-works
1) No persons are permitted on the grounds that have not previously provided identification to the Arbed 2 team.
2) Complete a Visual Assessment Form prior to entering the grounds of the property
3) Following an assessment of whether it is safe to enter, enter with caution. Any reasons for not entering must be recorded on the said form
4) All persons must provide identification to the householder. All householders will have been previously notified of future works, All Subcontractors are to patiently explain their purpose and plan
Visual Assessment Form – to be used by the Subcontractors & Visitors prior to entering any property grounds
66
5) Following sufficient engagement with the householder, an assessment must be made on the layout of the grounds in respect to future installation of measures.
6) Where necessary a drawing / photographic record of the property grounds is advised to be taken
7) The above records must form part of an Access Statement (provided by the Contractor) for the go ahead of works. Where the contractor has been previously made aware of asbestos being present, or asbestos is found to be present, the Contractor must follow the Asbestos Procedure.
8) Access Statements must be signed off and managed within the Contractors management team, however, provided ad hoc to the Arbed 2 team during inspections
9) Contractors must engage and work collaboratively with householders to agree on a safe means of access to the property where the grounds may appear “cluttered or unsafe”. No property can be moved without notifying and seeking permission from the householder.
During Works
10) During the works, it is in the best interest for all parties, householders and Contractors to maintain safe and tidy access and egress from the property
11) Contractors are required to store only the absolute minimum within the grounds of the property. No plant or machinery can be stored on the property grounds due to the potential of attracting theft and / or vandalism
12) At the end of every working day, and in particular at the end of every working week, the site must be cleared of rubbish, dust and waste material.
13) During all works, a safe means of access must be maintained to the property entrance. This will require a demarcated and segregated pathway that is never blocked with plant, machinery or materials.
14) Where access is required under scaffolding or areas of working from height, Contractors must work in accordance with best practice. Scaffold netting must be used where necessary, all contractors to be clipped in to the scaffolding, and loose material must never be stored at height.
Post Works
15) Post works, the Contractor must work collaboratively to leave the property grounds as it was found pre-works. This will be aided with photographic evidence where necessary.
67
Delivery Plan – Heating & Plumbing
Call off system with Grahams Merchants, via the Cardiff branch.
Welfare & Storage Where a Bidder has the capabilities to fulfil the Principle Contractor role on this contract, a Site Plan is requested in the Mini Tender Questionnaire. This Site Plan needs to present plans for welfare, storage, parking and waste management. The Site Plan that will be inserted in the HSEQ Pack as part of this tender process will be scored on the level of detail provided, being sympathetic to the householders and the general public in the area.
68
Asbestos Management Plan Please see detail regarding Smarter Professional Solutions page 44.
For information, for anywhere where asbestos may be encountered before an asbestos survey has been carried out, the following procedure applies:
Inform Control Act / Monitor Record
The arbed team are aware that there may be asbestos present at all properties. Further to information being provided by the Local Authority, the Arbed team will establish where there may be asbestos present. The System Provider will provide Arbed with design solutions for all likely possibilities. Prior to any installations taking place, all Contractors must complete a risk assessment (procedure to be determined by the Contractor), along with the Visual Assessment Form upon entering the property grounds. Where asbestos is found to possibly present, the Contractor must inform the arbed 2 team prior to progressing with the install. After determining whether the asbestos is a risk, the Contractor must use the design solutions provided by the System Provider to develop a Method Statement for the installation.
After the Method Statement is written (to be kept on site for inspections) the installation can take place, to be completed by a sign off by the Arbed 2 team, System Holder and the Contractor. The phone line for Contactors will be available at all times in case of emergency.
The following rules apply for working around asbestos:
- The householder must not be made aware (by the Contractor) that asbestos is present
- The Contractor must wear all sufficient PPE - The Contractor must ensure that there is a trained and competent person
present whilst working in the presence of asbestos - The asbestos must not be disturbed, and the strict guidance provided by the
System Holder must be adhered to - Work must stop if there is any likelihood that asbestos will be disturbed
69
Local Authority
Arbed 2 team informed of potential asbestos
Investigation in to potential asbestos, likelihood, location and nature
System holders issue design solution for asbestos presence
Arbed team informs Contractors
Contractor completes Risk Assessment at property
Phone line to Arbed 2 team, Contractor confirms presence of
asbestos
Contractor develops Method Statement for installation, using Design Solutions from
System Holder
Contractor installs measure. Arbed team monitors Contractor
Phone line to Arbed 2 team for on site emergency
Arbed 2 team, system holder and Arbed 2 sign off installation
Mini Tender Process
Stop Point
Pre Contract
Contract
Asbestos Works Plan
70
Contractor Management Tools
This Section is to provide the bidder with a sample selection of key Subcontractors management documents, i.e. what Arbed 2 will, be using to monitor and evaluate performance of Subcontractors throughout the scheme installation.
Daily Issue Log SubContractor Job Assessment Checklist Contract Completion Form
71
Proj
ect N
ame:
Con
trac
tor N
ame
Revi
ewed
By
Dat
e
Issu
e No
Dat
e re
ceiv
ed
arbe
d 2
Issu
e se
nt b
y Ad
dres
sD
etai
l of I
ssue
Det
ail o
f act
ion
Dat
e of
arb
ed
2 Ac
tion
Out
com
eIs
sue
Stat
usC
ompl
etio
n D
ate
Issu
e Ty
peRe
cord
ed b
y (a
rbed
2
Con
tact
)
Tota
l0
Issu
e Lo
g
Con
trac
tor x
Issu
e Lo
g
DO
C R
EF H
S 00
8
72
Contents
1. Purpose
2. Guidance Notes
3. Subcontractor and Site Details
4. Checklist
5. Signatures
Subcontractor Job Assessment Checklist
73
The nature of the Melin Homes programme involves Arbed 2 Subcontractors undertaking work in unfamiliar Site Environments.
This checklist details the site Health, Safety, Quality and Environmental considerations the Subcontractor should familiarise themselves with when working in a new environment to ensure that they are informed of any factors that may affect their safe working practices whilst on client sites.
This Subcontractor Job Assessment Checklist is split into two parts:
1. Pre Survey/Installation – this part of the form should be completed by the Subcontractors with the client representative prior to undertaking a survey or installation.
Note: If the Client representative is not available to brief the subcontractor, they should complete the form stating that the client is not present and satisfy themselves through their own Risk Assessment procedures that work should commence.
2. Post Survey/Installation – this part of the form should be completed by the client representative after the survey/Installation has been carried out.
The Subcontractor must complete this checklist together with the Client Representative to ensure as far as reasonably practical that site considerations have been made with regard to safe working practices.
Once completed, the Subcontractor must return this form to Arbed 2 together with the survey or installation report for evaluation. This is not a Risk Assessment form which must also be completed for each job.
1. Purpose
2. Guidance Notes
74
3. Subcontractor and Site Details Subcontractor Name:
Subcontractor Address:
Post Code:
Telephone No.:
Fax No.
Email Address:
Contact Name 1:
Contact name 2:
Contact Name 3:
Company Activity:
Date of Survey/Fitting:
Time of Survey/Fitting:
Site Location:
75
Subcontractor Job Assessment Checklist
No Verification Yes/No Comments
1 Pre Survey/Installation To be filled in by Subcontractor
1 Have you identified yourself and signed in on-site? Yes / No
2 Is the client present on site and available to brief you? Yes / No
3 Have you produced and provided the client with a written safety method statement?
Yes / No
4 Have you produced and provided the client with an onsite risk assessment? Yes / No
5 Are there suitable welfare and toilet facilities available for your use whilst on-site?
Yes / No
6 Have you been briefed on any rules or procedures you must adhere to whilst on site?
Yes / No
7 Have you been briefed on the site emergency arrangements? e.g. what do you do in the event of a fire evacuation
Yes / No
8 Is there suitable Fire Fighting provisions for the area in which you will be working?
Yes / No
9 Have you got access to the client’s first aid facilities whilst on site? Yes / No
11 Have you been briefed on the access/egress routes your must use whilst on-site?
Yes / No
76
12
Have you been briefed of any site conditions, risks or any other information relevant to task that you may be exposed to whilst on site? , Hazardous Materials
Yes / No
13
Has an asbestos survey been performed and no asbestos containing material are possible to be disturbed whilst undertaking the task?
Yes / No
14
Have you got your ‘Contractor working inside’ sign ready to place on the door entrance of the area you will be working?
Yes / No
2 Post Survey/Installation To be filled in by Client Representative
2.1
Has the Subcontractor caused any damage whilst on the client’s site? Yes / No
2.2 Has the Subcontractor conducted themself in a respectful and courteous manner whilst on the site?
Yes / No
2.3
Has the Subcontractor left the work area in a clean and tidy condition and cleared any materials, equipment and waste from the site or into a storage area agreed with the client?
Yes / No
77
2.4
Did the Subcontractor report an accident, Incident or near miss whilst working on site?
If yes, please detail.
4. Signatures
Name of Subcontractor:
Signature of Subcontractor:
……………………………………………
Date:
Name of Client Representative:
78
Please do not write below this line, for Arbed 2 use only
----------------------------------------------------------------------------------------------------------------------------------------------
Signature of Client Representative:
……………………………………………
Date:
Date received at Arbed 2:
Received by (print name):
Signed by (Arbed 2 Rep):
……………………………………………
Date entered into database:
79
Project Name:
Contractor Name
Reviewed By
Contractor Health & Safety Summary Report
Contractor Site Audits
Rate the Contractors performance on quality, based on the results of the Contractor Site Audits
Technical Monitoring
Rate the Contractors performance on quality, based on Technical Monitoring carried out
Customer Satisfaction
Rate the Contractors performance based on Customer Satisfaction carried out
Issue Log
Rate the Contactors performance in relation to the score achieved due to the percentage number of issues recorded in the issue lo
0
50
0
%
% Score Colour Comments/Action0-25% Red Failure, Do Not keep contractor on Approved Contractor List26-55% Red Failure, Seriously consider whether contractor should remain on Approved Contractor list even if improvements are made.56-80% Amber Pass. Improvements can be made for future contracts. Feedback to Contractor where improvements could be achieved. 81-100% Green Excellent Pass, Feedback, congratulate. Carry on
--
Rate the Contractor for its remediation in terms of time and quality in relation to Customer Satisfaction where results have not been satisfactory
DOC REF HS 012
Date
Guidance
0-5
Has the Contractor provided each completed Monthly Report (Accidents and accident investigations, near misses, dangerous occurrences/effects, training records)
Rate the Contractor for its remediation in terms of time and quality in relation to Contractor Site Audits where results have not been satisfactory
Total Achieved Audit Score ÷ Potential Audit score x 100 = achieved %
This form should be completed by the Project Manager
Please overwrite 0-5 with the score you would like to award for the answer to each question
Rate the Contractor for its remediation in terms of time and quality in relation to Issues recorded in the Analysis sheet of the Issue Log
Rate the Contractor for its remediation in terms of time and quality in relation to Technical Monitoring where results have not been satisfactory
0-5
0-5
0-5
0-5
0-5
Contract Completion Form
Rate the Contractor for its remediation in terms of time and quality in relation to Contractor H&S Summary Reports where results have not been satisfactory 0-5
Total Achieved Audit Score End of AuditTotal Potential Audit score
0-5
0-5
0-5
80
E Activity Schedule
Section F presents the Activity Schedule for the Arbed 2 team for this scheme. Bidders are encouraged to provide an Activity Schedule for their specific works in Section H4
F Mini Tender Questionnaire for Contractors
Section G involves a full questionnaire oriented around the provision of key information needed for the management of a scheme. Arbed 2 are aware that you may have provided certain sections of this previously as part of the framework tender. However, it is important to remember that policies should be updated and revised on a frequent basis, and site specific documentation should be provided at all times. The bidder is encouraged to answer the questions in the following sections, and insert the relevant parts (as indicated) in Section H (the Contractor Specific Health & Safety Plan)
1.0 Company Details 2.0 Your Policy for Health, Safety, Environmental and Quality 3.0 Health & Safety Assistance 4.0 Health & Safety Monitoring 5.0 Health & Safety Training 6.0 Employment & Training Provision 7.0 Financial Instruction