tender documentation improvement works to the land

Tender Documentation

April 2021 Issue T4 Ref : JB/BH/010221T4

Improvement Works to the Land surrounding Walmley War Memorial

Corner of Walmley Road and Crawford Road, Sutton Coldfield,

B76 1NQ

Royal Sutton Coldfield Town Council AFE Business Centre, 62 Anchorage Road, Sutton Coldfield, B74 2PG Email: [email protected] Tel: 0121 663 1765

Royal Sutton Coldfield Town Council Improvement Works to the Land surrounding Walmley War Memorial at the Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NQ Contents

1.0 Project Executive Summary

2.0 Outline Specification

3.0 Pricing Document

4.0 Final Summary

Appendices A) Contract Particulars B) Form of Tender C) Drawings D) Outline Programme E) Not used F) Pre Construction Information G) Surveys H) War Memorial Quotation for information only

Royal Sutton Coldfield Town Council Improvement Works to the Land surrounding Walmley War Memorial at the Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NQ Document History

Revision Date Revision

T0 18 August 2020 Draft Tender Issue

T1 23th September 2020 Draft Issue

T2 9th October 2020 Final Draft Issue

T3 1st February 2021 Update project titles and contract

T4 20th April 2021 Formality updates

Signed

Printed John Beggan

Section 1 Project Executive Summary

Tender Documentation

April 2021 Issue T4

Royal Sutton Coldfield Town Council Improvement Works to the Land surrounding Walmley War Memorial at the Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NQ Section 1 Tender Executive Summary

Tender Documentation April 2021 – Issue T4 P a g e | 1.1

1.0 PROJECT SUMMARY 1.1 The Project

1.1.1 The works comprise the improvements to the Land surrounding Walmley War Memorial including the following works

• Site establishment and enabling works

• Protection of existing Grade II Memorial

• Ground and civil works

• Hard and soft landscaping

• Electrical lighting

• Site furniture, artwork and benching

• Cleaning of Grade II Memorial by Specialist Company

1.1.2 Tenders are to be returned in accordance with Section 1.8 on or before 21 May 2021 5:00 pm in a sealed envelope and addressed to the offices of Royal Sutton Coldfield Town Council cleared marked for the attention of the Town Clerk and Chief Executive Officer.

1.1.3 The Memorial is classified as Grade II Listed and works will need to be carried out by contractors specialised in this field outside the contract – Midland Conservation Limited. These works will be managed directly by Felton Consult on behalf of the Employer. The contractor will be required to allow access to the site and accommodate the specialist at the beginning of the project. Following cleaning works the specialist contractor – Midland Conservations Limited - will install secure plywood protection to allow the Works to be carried out. Once the Works have been competed, MCL will return and remove protection and carry out one final clean. A copy of the quotation works has been included under Appendix H for information purposes only and should not be included in your tender.

1.1.4 Electric will be provided via a permanent power cabinet installed in advance by WPD in a location to be confirmed. The Contractor will need to take and maintain meter readings and will be charged for power usage.

1.1.5 Water is not available and the Contractor will have to make their own arrangements for providing water for the Works.

1.1.6 The works have been determined by a Redline on the proposed plan.

1.1.7 The works are to be carried out in a single phase and the working area will be entirely the responsibility of the Contractor.

1.1.8 The works are within a busy populated public open space and must ensure that the works are securely segregated at all times. The Contractor will be responsible for ensuring that the works remain safe and secure during the whole of the contract period.

1.1.9 Areas where no works are to be carried out will remain outside the Contractors remit (unless for access).

1.1.10 The Contractor is prevent any impediment to the local residents or businesses. Do not block or hinder service roads or emergency routes.

1.1.11 It is the intention to carry out the works awarded under JCT Minor Works Form of Building Contract without Quantities in a single phase with no sectional completion or partial possession.

1.1.12 Contractor Designed Works will be limited installation of all electrical power and lighting.



1.1.13 For the avoidance of doubt the project falls within the provisions set out under the Construction (Design and Management) Regulations 2015 (CDM 2015). A copy of the Pre Construction Information is contained in Appendix F.

1.1.14 A full underground services including topographical survey has been carried out and is located in Appendix G.

1.1.15 Soils analysis reports have not been provided.

1.1.16 A Party Wall Award is not applicable on this project.

1.2 Purpose of Tender

1.2.1 The purpose of this Tender is to establish a lump sum fixed price for the works on behalf of the Client and provide the tendering contractor with :

• a clear statement of tender and contract requirements.

• a statement of performance requirements from which the contractor designed elements can be established

• sufficient information to enable the production of tender documentation.

• a document that will be incorporated into the Contract Documentation

• information on restrictions and limitations which may affect productivity and sequence of working

1.2.2 The Tender will be a Works Contract tendered on an Open Basis issued via the Crown Commercial Service – Contract Finder.

1.2.3 If the Contractor cannot tender for any part(s) of the work as defined in the Tender Document they must inform the Quantity Surveyor immediately in writing, defining the relevant part(s) and stating the reason(s) for their inability to tender.

1.2.4 The Employer and the Employer’s representatives offer no guarantee that the most technically / commercially advantageous tender will be recommended for acceptance or accepted and will not be responsible for any cost incurred in the preparation of any tender.

1.2.5 Tenders must remain open for consideration (unless previously withdrawn) for not less than 13 weeks from the date fixed for the submission or lodgement of tenders.

1.2.6 “The Employer” shall mean Royal Sutton Coldfield Town Council of AFE Business Centre, 62 Anchorage Road, Sutton Coldfield B74 2PG – referred to in this document as The Employer.

1.2.7 “The Contract Administrator” shall mean Felton Consult Suite 1, Building 17, Wrens Court, Lower Queen Street, Sutton Coldfield, B72 1RT, referred to as CA.

1.2.8 “The Architect” will reference pre tender Landscape Design as included in Appendix C and referred to as Pegasus Group of 5 The Priory, Old London Road, Canwell, Sutton Coldfield, B75 5SH, referred to as Architect (Pre Tender). No architect will be employed post contract.

1.2.9 It is the intention of the Employer to enter into a contract with a Contractor to carry out the works as described in this document in accordance with the conditions of the Contract. There are elements which the Contractor will be responsible for design and these have been clearly stated within the tender documents.

1.2.10 The information, terms, conditions and requirements set out in this document are to be taken into account, but any item, condition or requirement not stated, but necessary for the proper completion of the intended works, shall be allowed for in the lump sum price.



1.3 Project Particulars

1.3.1 The Works

Nature Improvement Works to the Land surrounding Walmley War Memorial Location Corner of Crawford Road and Walmley Road, Sutton Coldfield, B76 1NQ Sections Single Phase Only

1.3.2 Employer Details

Name Royal Sutton Coldfield Town Council Address AFE Business Centre, 62 Anchorage Road, Sutton Coldfield, B74 2PG Contact See Felton Consult

1.3.3 The Contract Administrator / Quantity Surveyor

Name Felton Consult Address Suite 1, 17 Wrens Court, Lower Queen Street, Sutton Coldfield, B72 1RT Contact John Beggan Brad Hosker Tel 0121 647 6989 07802 815 705 E-mail [email protected] [email protected]

The Project Manager will also act as Contract Administrator under the JCT Contract

1.3.4 Principal Designer

Name Felton Consult Address Suite 1, 17 Wrens Court, Lower Queen Street, Sutton Coldfield, B72 1RT Contact John Beggan Brad Hosker Tel 0121 647 6989 07802 815 705 E-mail [email protected] [email protected]

1.3.5 Pre-Tender Design

Name Pegasus Group Address 5 The Priory, Old London Road, Canwell, Sutton Coldfield, B75 5SH Contact n/a Tel 0121 308 9570 E-mail n/a

1.3.6 Structural Engineer / Civil Engineer

Not applicable

1.3.7 Services Engineer

Not applicable

1.3.9 Building / Approved Inspector (if applicable)

Birmingham City Council

mailto:[email protected]






1.4 Tender Documents

1.4.1 All tender documents, drawings, etc. shall be read in conjunction with each other and the Contractor is to take into account all the contents therein. Various requirements of the scheme are identified in different documents and the Contractor is to allow for all of these. Any discrepancies should be raised with the Contract Administrator on receipt of tender.

1.4.2 The Tender will be a Works Contract tendered on an Open Basis issued via the Crown Commercial Service – Contract Finder.

1.4.3 No guarantee is offered that any Tender will be recommended for acceptance or be accepted, or that reasons for non-acceptance will be given. No liability is accepted for any cost incurred in the preparation of any Tender.

1.4.4 Following submission keep Tender open for consideration (unless previously withdrawn) for not less than 13 weeks.

1.4.5 The drawings from which the quantities included in the specification have been prepared using the tender drawings. However these are for guidance only as it will be the responsibility of the Contractor to check and confirm the accuracy. The contract entered will be deemed a lump sum fixed cost – varied only in accordance with the contract.

1.4.6 The Contractor must bear in full all costs incurred in connection with the preparation of this tender and all such further input as may be required to enable an appointment to be made.

1.4.7 Tendering should be carried out in accordance with the principles of the JCT Tendering Practice Note 2012 (which replaces Practice Note 6). Errors will be dealt with in accordance with Alternative 2.

1.4.8 Qualified tenders will not be accepted unless alterations and qualifications are confirmed in writing to the Quantity Surveyor. You are to seek written confirmation prior to tender submission. Tenders containing unauthorised alterations or qualifications may be rejected.

1.4.9 The Contractor is to examine and review the tender enquiry document upon receipt and bring to the Contract Administrator’s or Project Manager’s attention. The final date for all tender queries will be one week prior to tender return.

1.4.10 Do not amend the documents without written authorisation. No amendments shall be made to the text, wording or figures in any of the tender documents unless specifically ordered by the Contract Administrator. If any unauthorised qualification or amendment is made it shall not be recognised and the document shall be construed as if unamended.

1.4.11 The Contractor shall be deemed to have carefully examined all the drawings referred to in this Tender document and to have ascertained from them the extent and character of the work and, insofar as this may reasonably be inferred from these drawings and inspection of the site, what restrictions are imposed upon the means of carrying out the works.

1.4.12 Any such items not identified, where a discrepancy occurs during the scheme, will be ruled on by the Contract Administrator. These cases will be strictly measured under the terms of the Contract for Variations. Thus the Contract Administrator may select as he considers appropriate at nil cost to the Employer if they feel the works could have been accounted for as part of the drawings and specification. In all such cases the decision of the Contract Administrator is final.



1.5 Pricing Instructions

1.5.1 A fully priced tender will need to be submitted using Section 3.0 Pricing Document. The total entered in the schedule must equate to that inserted within the Form of Tender.

1.5.2 If applicable, the Contractor shall exclude Value Added Tax within their final costs.

1.5.3 The tender will be assessed using the Appraisal Matrix outlined under clause 1.9. Therefore, the Employer and the Employer’s representatives offer no guarantee that the most technically / commercially advantageous tender will be recommended for acceptance or accepted and will not be responsible for any cost incurred in the preparation of any tender.

1.5.4 The descriptions and quantities included within the Pricing Document in Section 3.0 are not measured in accordance with a Standard Method of Measurement or New Rules of Measurement and are deemed to be all inclusive. If quantities are shown these are indicative only and it is the tenderers responsibility for ensuring that their tender sum is fully inclusive of all works required to carry out and complete the works shown and descried on the tender drawings and specifications.

1.5.5 Notwithstanding the information provided at tender stage to assist the Contractor in pricing – the contract will be awarded on a lump sum basis under a without quantities contract. However, the Quantity Surveyor will permit the use of the “Quantified” schedule to assess post contract valuations, variation and measurements.

1.5.6 The Contractor is advised that all information provided in completing this document will be treated in the strictest confidence and will not be disclosed to any other party.

1.5.7 An Excel priceable version of the Schedule of Works document will be offered to the Tendering Contractor to enable them to submit a fully priced and compliant pricing document. This is provided with the understanding that no alterations are permitted to the descriptions, quantities or formulas other than scheduling out in the relevant section any items the contractor wishes to bring to the attention of the Quantity Surveyor which they believe is not specifically included in the schedule (see Contractor Defined Works).

1.5.8 It will be the full responsibility of the Tendering Contractor to arithmetically check the document prior to submission as the functionality of the Excel document including the formulas includes are provided without warrant. Should it be determined that the document contains any calculation errors, you are to inform the Quantity Surveyor immediately for review.

1.5.9 Rates are to be inserted in column F to two in Sterling Pounds and Pence. Rates are to be included excluding VAT. The Form of Tender must be a VAT exclusive sum.

1.5.10 No pricing will be accepted completed by hand. Pricing of the schedule must be completed electronically.

1.5.11 A section has been included should there be a need to issue Tender Addendums. This section is to be completed only if instructed to do so and may remain unamended at submission.



1.6 Site Inspection

1.6.1 It is a condition of contract that the Contractor is required to visit site to ascertain fully the works. Dates will have been determined as part of the tender documents. However site visits outside the prescribed dates are to be arranged by appointment only via the Councils’ Agents below.

• Primary contact – John Beggan – Felton Consult [email protected]

• Secondary contact – Brad Hosker – Felton Consult [email protected]

1.6.2 The Contractor is expected to visit the site during the tender period to ascertain the nature of the site, access thereto and all local conditions and restrictions likely to affect the execution of the Works. It is a condition of tender that the Contractor visits site and a date will be arranged and advised accordingly. Any further visits will need to be arranged by prior appointment only.

1.6.3 No claim for lack of knowledge of such matters will be entertained. The work is to be carried out and completed in accordance with the Tender Documents.

1.7 Programme

1.7.1 The Contractor is to advise within their submission the following subject to receipt of order :

▪ Earliest start date ▪ Construction Period ▪ Anticipated Completion Date ▪ Simple programme showing the key sequence and timing of the principal parts

of the works and periods for planning and design ▪ Any long lead in periods for elements of works

1.7.2 Programme is to accommodate for any national and statutory holidays.

1.7.3 The programme of works are to be based on standard working hours of :

▪ Monday to Friday 8 am to 5 pm ▪ Saturday : No works ▪ Sunday – No works

1.7.4 An outline programme of key dates has been included under Appendix D.





1.8 Information to be Submitted with Tender

1.8.1 Tenders are to be returned on or before 21 May 2021 5:00 pm in a sealed envelope and addressed to the offices of Royal Sutton Coldfield Town Council cleared marked for the attention of the Town Clerk and Chief Executive Officer. See 1.8.2 for address.

1.8.2 Should you be selected you will be required to attend a tender interview at

Royal Sutton Coldfield Town Council, AFE Business Centre, 62 Anchorage Road, Sutton Coldfield, B74 2PG

1.8.2 The Contractor shall submit as a minimum with their Tender. The following information is required as a minimum and failure to do so may invalidate the tender submission and / or restrict a due and diligent detail review :

a. Form of Tender – fully completed and signed b. Fully Priced – Section 3 Priced Document. This shall be in at least the level of detail

indicated in the pricing document included within this Tender Documentation c. Outline Works Programme d. Contractors All Risk Insurances including Public Liability e. Three references including contact details and previous project experience

1.8.3 It is the duty of the Contractor to ensure prior to submission of the Form of Tender that all provisional sums and contingency have been accounted for with their final submission. Failure to do so may render the tender non-compliant.

1.8.4 Should your tender be of interest, the Contractor is to provide within 72 hours the following information :

a. Fully priced breakdown of the Tenderer’s Preliminaries costs showing both fixed and time related costs

b. Construction programme for identifying each major element / works item. The programme should identify typical release dates for outstanding information and early order dates for materials/elements on long lean-in

c. The names of proposed Sub-Contractors for principal elements of the work d. Details of the structure of the team proposed for this project together with CV’s for all

relevant team members, identifying the following: - ▪ Relevant experience and availability ▪ Duration and experience with the contractor ▪ Previous employment record together with experience

e. A statement describing the organisation and resources which the Contractor proposes to undertake the health and safety of operatives, including those of sub-contractors and of any person who may be affected by the works, including:

▪ A copy of the Contractors Health and Safety policy document ▪ Accident and illness records for the past five years. ▪ Records of previous Health & Safety Executive enforcement action. ▪ Records of training and training policy.

f. Method statements with particular emphasis on management and policies related to operating within the residential areas including methods and sequences adopted to maintain and satisfy health and safety requirements for both CDM and The Employer and uninterrupted access to retail, business and residential premises local to the project

g. Details of the Contractor’s Environmental and Waste Management Policies together with how this may impact upon the project. Specifically, the Contractor shall submit a draft Site Waste Management Plan together with his proposals for complying with the Site Waste Management Regulations



1.8.5 Following receipt, all tenders will be subjected to a detailed and thorough review which may require additional information requested and provided by the contractor – see Section 1.9.

1.8.6 The Contractor – on request - is to provide additional information which the Quantity Surveyor believes is necessary in order to complete the final analysis and tender report. Prior to the acceptance of a tender and the appointment of a Contractor by the Employer, rectification of any arithmetical errors in the priced analysis, build ups or method of calculations together with any error in interpretation of descriptions of items, will be made.

1.8.7 Such rectification will be taken into account in the selection of the successful tenderer. Following the appointment of the selected tenderer, no further corrections will be made. If the tendering contractor fails to comply with these request, then the tender will not be considered.

1.9 Tender Scoring Matrix

1.9.1 The tender return will be scored on the following scoring matrix:

Technical Section 40%

Tender Pricing 60% (following compliance and equalisation checking)

1.9.2 The Technical Scoring of 40% will be further divided as follows

Programme Submission 10%

The Contractor is to submit with his tender a detailed procurement and construction programme for the works. The programme is to detail out the sequence of the works including the critical path activities, design periods of any CDP packages and material lead in times. The completion, commissioning and hand over should also be suitably detailed. Sufficient allocation to be allowed for the procurement of any Client supplied or specified works. Clearly identify any named suppliers and subcontractors.

Contractors Method Statement and understanding of the project 10%

The Contractor is to provide a project specific method statement for the works. The method statement should explain the contractors approach to the sequence of the work, specifically identifying (but not limited):

a. working environment specifically related to location and proximity to residential and public areas

b. protection and consideration to Grade II Memorial – consideration in working alongside memorial

c. any other site specific works which the contractor believes a tender method statement would be needed

c. the contractors quality control proposals for the work

d. site management

Contractor Construction Team and Management proposals 5%

The Contractor is to provide an organogram chart and accompanying CV’s of their proposed project team and director responsible for the successful delivery of the project. The contractor is identify whether the team member is full time on site and for how long, or if not the % time allowed to the project and period of time involved.



Agreement to Contract and Procurement Strategy 5%

An agreement without amendments will score 5%, any amendment clarifications will scored based on their implications to the client.

Tender Commercial Submission 10%

Compliance measured in accordance with the requirements set out in Section 1 Tender Executive Summary section 1.7 to 1.8

1.9.3 Tender Price 60%

All tenders will only be judged following full equalisation and compliance checks

Tender Price following equalisation - Total of 60% of scoring based on the following formulae: 60% - 60%(((equalised tender price – lowest equalised price)/lowest equalised price)/2)

1.10 Contract

1.10.1 The Works will be awarded as a single phase to under a JCT Minor Works Building Contract. A copy of the draft Contract together with a completed particulars is included in Appendix A.

1.10.2 The document has been prepared using the outline scheme drawings. However these are for guidance only as it will be the responsibility of the Contractor to check and confirm the accuracy. The contract entered will be deemed a lump sum fixed cost – varied only in accordance with the contract.

1.10.3 Execution of Contract: The Contract will be executed as a Deed. The Contractor will be required to execute Articles of Agreement in the form contained in Appendix A

1.10.4 Custody of Contract Documents: Two sets of contract documents will be required for completion and retention by the Employer and Contractor. The contract documents (other than the Articles of Agreement) shall be held on secure electronic media and attached to each set of Articles of Agreement as the Appendix.

1.10.5 Contract Documents: The Contract documents will be formed using the following information as a minimum :

• JCT Minor Works Contract 2016 with Design

• Fully Priced Document – see Section 3.0

• Document schedule of information used for contract

• Compliance and Equalisation Tracker (following tender analysis)

• Contractor Proposals for any Contractor Designed Elements (if applicable)

• Key Programme

• Full set of Drawings

• Contract Preliminaries as issued at tender (save for agreed amendments)

• Tender Appendices

• Pre Construction Information

• Insurance Documents

• Key Significant documents determined through compliance and equalisation stage

• Any other document agreed between the parties



1.11 Existing Site (s) / Building (s)

1.11.1 Maintain roads and footpaths within and adjacent to the site and keep clear of mud and debris. Damage caused by site traffic or otherwise consequent upon the Works is to be made good to the satisfaction of the Client or and Birmingham City Council or other owner.

1.11.2 Prevent damage from exposure to the environment, including weather, flora, fauna, and other causes of material degradation during the course of the work. Prevent damage to existing and new work, structures or other property during the course of the work.

1.11.3 Prevent damage or move as necessary all existing fittings/furniture which will not remain in the proposed design. Do not reinstate in proposed layout. Furniture to be re-located off site as directed by the Contract Administrator.

1.11.4 No access to neighbouring properties will be permitted. Should the Contractor need to access other properties they are to seek instruction from the Contract Administrator provided a minimum 72 hours’ notice.

1.11.5 No smoking or radios will be permitted at all within the works.

1.12 Standards

1.12.1 The Contractor is to ensure that workmanship and materials are to be specified to be of the standard commensurate with and be in accordance as a minimum with the following regulations and all other regulations and best practice current at the time of design:-

▪ The relevant British/European Standards and Codes of Practice ▪ Statutory and Local Authority Regulations ▪ Building Regulations ▪ Health and Safety Regulations. ▪ CIBSE guides ▪ NEC IEE or NAPIT regulations

1.12.2 Materials for the building are to be selected for their durability and minimum maintenance requirements. All guarantees are to be passed to the Client.

1.12.3 The design works are included in the Specification and are designated as a minimum. It is assumed when reviewing these that maintenance will be undertaken as recommended by the manufacturers, suppliers, the Contractor and the specialist sub-Contractors. Any maintenance must be clearly set out in the Operating and Maintenance manuals for the building. The building and its constituent parts will be used in a normal manner likely to cause only predictable wear and tear.

1.13 Substitutions

1.13.1 No substitution of any specified materials will be allowed unless raised with the Contract Administrator and Approved in writing. If materials are substituted, they will be required to be replaced with those specified unless agreed otherwise with the CA.



1.14 Works carried out by Employer

1.14.1 The following works have been undertaken by others prior to works commencing

• Topographical survey

• Locational survey of existing site and town services and drainage

1.14.2 The contractor is to allow full access to the Employers directs subcontractors prior to and immediately leading up to Practical Completion to allow for the completion of the following works

• Midland Conservation Limited

1.15 Contractor Responsibility

1.15.1 The Contractor shall be deemed to have carefully examined all the drawings referred to in this Tender document and to have ascertained from them the extent and character of the work and, insofar as this may reasonably be inferred from these drawings and inspection of the site, what restrictions are imposed upon the means of carrying out the works.

1.15.2 In addition to the duties and obligations under the Conditions of Contract, the Contractor will be required to accept full responsibility for the construction of the whole of the Works and obtain all Statutory Approvals and give all necessary Notices and is deemed to have included all costs and charges in connection therewith in the tender offer.

1.15.3 The Contractor to assist in the selection of all hard pavings, furniture and fittings and to warranty their suitability and fitness for purpose.

1.15.4 The Contractor shall be responsible for design, co-ordination and development of all the electrical design undertaken by specialist subcontractors. This includes accepting responsibility for the current design as contained in the tender documents.

1.15.5 Should an award of contract be successful it will be assumed that the Contractor accepts responsibility for coordination, supervision and administration of the Works, including subcontracts. Arrange and monitor a programme with each subcontractor, supplier, local authority and statutory undertaker, and obtain and supply information as necessary for coordination of the work.

1.15.6 Establish and maintain a consistent presence on site throughout the construction period and ensure sufficient work force to complete the works no later than the agreed completion date included in the contract.

1.15.7 Prepare and maintain an overall master programme for the design (where applicable), procurement and construction of the project including procurement, site logistics, phasing and sequencing.

1.15.8 Organise and arrange for Building Inspections by relevant Local Authority representatives. Advise the Contract Administrator with a minimum 72 hours prior notice of all visit

1.15.9 Be responsible for liaison with all local and statutory authorities, public utilities and the like.

1.15.10 Allow all attendances required to enable the subcontractor to complete their works.

1.15.11 Act as Principal Contractor and fulfil duties under the CDM 2015 Regulations and any other requirements set out in Statute for Health and Safety.



1.15.12 Complete the project on or before the Agreed Contract Completion date for the Agreed Contract Sum adjusted for any authorised and predetermined variation confirmed by the Contract Administrator. Provide a Final Account for agreement four weeks prior to completion.

1.15.13 Following Practical Completion leave site and return all areas to their original condition, making good any damage to structure and finishes.

1.15.14 Attend to and discharge in a timely manner all requirements set out in the Agreed Contract for Making Good Defects.

1.16 Contractor Design Responsibilities

1.16.1 The Contractor Design works are as follows

Subcontractor PII Level (Min) PII Basis JCT Collateral Warranty

Electrical Installations £250,000 Any one claim Yes

1.16.2 The Contractor shall be responsible for development of the design undertaken by any specialist subcontractors noted under Contractor Designed Works. This includes accepting responsibility for the current design as contained in the tender documents.

1.16.3 The Contractor shall be responsible for developing the design for the following works, which are hereafter referred to as the Contractor Designed Works: The contractor must have the relevant Professional indemnity insurance in place or employ subcontractors who are capable of taking design responsibility for their works, have the relevant insurances in place and are prepared to sign in the Warranties as provided within this tender.

1.16.4 The Contractor shall allow all attendances required to enable the Contractor to complete their works.

1.16.5 Establish and implement a process for the co-ordination and management of all aspects of the Works. Achieve timely procurement and progress of the construction process to ensure completion in accordance with the time, cost and quality objectives.

1.16.6 Prepare and maintain an overall master programme for the design (where applicable), procurement and construction of the project including procurement, site logistics, phasing and sequencing.

1.16.7 Control the design progress (where applicable) against such programme, identify programme divergence and recommend remedial action.

1.16.8 Identify, in advance, dates by which final information is required from all parties to maintain the master programme.

1.16.9 In conjunction with the project team in advance of site commencement, identify those elements of the subcontractor packages critical to the development and completion of the design.

1.16.10 Be responsible for liaison with all local and statutory authorities, public utilities and the like.

1.16.11 The Contractor, Subcontractor and any other Designer will be required to enter and execute a JCT Collateral Warranty with the Client.



1.17 Insurances

1.17.1 The Contractor is to arrange and remain in place All Risk Insurance policy to cover themselves and the customer for the full cost of damage of the works and to unfixed materials which are on the premises before being used for the works. The Contractor will also have in place an up to date and current public Liability Policy for death or injury to people and damage to property and indemnify the Client. The requirements will be set out within the Contractor Particular included in Appendix A.

1.17.2 The Contractor to provide a copy of all current insurances with the Tender submission.

1.17.3 Minimum requirements for any one claim

All Risk : £1,000,000 Public Liability : £1,000,000 Professional Indemnity Insurance* : £250,000 * Only required for Contractor designed works if specifically stated in the Contract

1.17.4 The Employer will also be required to notify their own insurance that construction works are

to be carried out at the property and on request be able to provide the Contractor with a copy of their own current insurance.

1.18 Professional Indemnity Insurance : Contractor Designed Works

1.18.1 For Contractor Designed works : The Contractor will be required to provide and maintain comprehensive Professional Indemnity Insurance at a minimum indemnity level of £250,000 for any one occurrence or series of occurrences arising out of any one event.

1.18.2 All sub-consultants and sub-contractors appointed by the Contractor must have comprehensive Professional Indemnity Insurance providing an indemnity level of equal to the that set out in Appendix A of the contract or as a minimum £250,000 for any one occurrence or series of occurrences arising out of any one event.

1.18.3 The Indemnity Insurances must be maintained for a period of 6 years from the Date of Practical Completion and the interest of the Employer must be noted on the Policy. Evidence of the Policy must be produced prior to signing the Contract.

1.18.4 Where external design consultants are not engaged and design is done "in house" by the Contractor, the Contractor will be required to maintain Professional Indemnity Insurance as set out in clause 3.3.1 above.

1.18.5 Consultants who refuse to or cannot offer Professional Indemnity Insurance to the minimum as stated, or who insist on amendments to wording or reduction in the indemnity will may not be accepted by the Employer.



1.19 Performance Bond

1.19.1 A Performance Bond is not required on this project.

1.19.2 The Contractor may be required to provide and execute a Performance Bond with a Surety amount equal to ten percent of the Contract Sum. If so requested, the Contractor is to provide a quotation for the premium and include this clearly within their tender submission. The Surety must be considered for the due and proper performance and observance of the terms and stipulations of the Contract.

1.19.3 The Employer reserves the right to approve or reject the proposed Surety.

1.19.4 In the event of the Surety approved by the Employer becoming bankrupt or insolvent or compounding with his or their creditors, the Contractor shall forthwith upon being required by the Employer so to do, obtain a fresh Surety and enter into a new Bond jointly with such Surety in a similar sum and in similar terms to that mentioned in the original Bond for the due proper performance and observance of the terms of the Contract, and pay all premiums and any necessary stamp duties.

1.19.5 If a Bond is required it must be entered into prior to the commencement of the Works. Any loss or expense occasioned by delay in the execution of the Bond and which delays the execution of the Contract or prevents the commencement of the Works shall be borne by the Contractor.

1.19.6 The Contractor should note that no interim payments will be made by the Employer until the Bond is in force and provided to the Employer.

1.19.7 The Bond at a value of 50% will be released upon the satisfactory completion of the whole of the Works and the issue of the Certificate of Practical Completion. The final bond will be release on the issue of the Final Certificate.

1.19.8 The Bond shall be in the form of wording given in Appendix A.

1.20 Parent Company Guarantee

1.20.1 A Parent Company Guarantee is not required on this project.

1.20.2 A Parent Company Guarantee will be requested in lieu of a Performance Bond.

1.20.3 Where the Contractor is a subsidiary of a large company or group of companies the Employer may accept a written guarantee by the parent company, underwriting the performance of and all costs relating to completion of the Works in the form of wording given in Appendix A.

1.21 Retention

1.21.1 On the proviso that a Parent Company Guarantee and / or Performance Bond is not provided or the Contractor is unable to secure at reasonable and economic rates, then the Employer will accept a higher retention figure by way of surety – as set out in the Contract Particulars in Appendix A – Clause 4.18.1



1.22 Party Wall Etc Act 1996

1.22.1 It is the land owner’s responsibility to determine whether or not there are any Party Wall issues associated with this scheme. Where there are Party Wall issues, the land owner will be responsible for serving all necessary Notices required under the Act. In the event of a dispute, an independent Part Wall Surveyor will be appointed by the land owner to act as the Building Owner’s Independent Party Wall Surveyor for the duration of both the Pre-Construction and Construction phases of the Works. The land owner will pay all costs associated with the appointment of an independent Party Wall Surveyor.

1.22.2 The Contractor will be responsible for providing all necessary design and construction information to enable the Party Wall Surveyor to agree an Award under the Party Wall etc., Act in sufficient time to enable the proposed construction programme to commence on the date set as the Date of Possession.

1.22.3 The Contractor shall not commence construction on that part of the Works under dispute until the Party Wall Surveyor has agreed an award even though this might disrupt their planned building programme. Should there be a failure to agree an award during the Contract Period then the land owner may omit the properties involved (and those attached) from the contract.

1.22.4 Section 3 Notices cannot be served without some basic information and will be served on receipt of same from the Contractor. These require at least two months’ notice before work can commence.

1.22.5 Section 6 Notices need to be served one month prior to the work commencing and have to be accompanied by plans and sections. Section 6 requires a considerable amount of detailed information and assumes that the design is completed to a considerable extent before they can be served.

1.22.6 The Contractor’s Proposals will be deemed to include all the requirements contained in any published Party Wall Awards.

1.22.7 Under no circumstances, except with the express written permission of the Party Wall Surveyor, will the Contractor deviate from the information set out in any Notice(s) or Award(s) issued under the Party Wall etc., Act.

1.22.8 The Contractor will be responsible for all fees and costs arising from any Party Wall requirements apart from those detailed above in relation to the appointment of a Party Wall Surveyor if a dispute arises.

1.22.9 The Contractor will indemnify the Employer against any costs or claims brought against the Employer arising from the Party Wall etc., Act.



1.23 Security

1.23.1 The Contractor is to ensure that the works remain secure at all times outside normal working hours. The Contractor is also required to ensure that the existing smoke and fire detection is not impeded at any time during the works and additional precautions adopted for any high risk or hot works.

1.23.2 Safeguard the site, the Works, products, materials, and any existing buildings affected by the Works from damage and theft. Take all reasonable precautions to prevent unauthorized access to the site, the Works and adjoining property.

1.23.3 Provide an out of hours emergency contact number.

1.24 Use of Site

1.24.1 The Contractor will use the site only for the construction of the Works. Other purposes will be strictly prohibited.

1.24.2 Smoking and radios will not be permitted

1.25 Site Possession

1.25.1 Immediate possession of the whole site will be offered upon signing of the Contract unless otherwise stated, subject to any Date of Possession included in the Appendix to the Contract Particulars.

1.26 Contractors Compound and Site

1.26.1 The Contractor will be restricted to a small compound which will need to be hoarded off using secured Herras fencing. The compound will need to allow for Contractors welfare facilities. The Contractor is not permitted to leave on site any expensive plant or machinery or materials for the works outside normal working hours or on show during the day. Should they wish to and with prior agreement by the Client – then the Contractor does so with full responsibility and provides their own insurances.

1.26.2 The Contractor will be permitted to store materials and equipment within the areas they are working in during the works – however no other areas will be designated for storage outside the works.

1.26.3 The Client provides no insurance for Contractors own plant, equipment or materials.

1.26.4 There is limited parking available and the Contractor will have to make their own arrangements for parking off site without nuisance to other residence. The works are located within a residential area and at no point is the Contractor to impede the local residents or businesses. Do not block or hinder the access road as this is used as emergency routes.



1.27 Temporary Services

1.27.1 Contractor to arrange for identifying, procuring, maintaining and removing on completion for all temporary power, lighting, water, drainage and the like throughout the duration of the project at their own costs. Contractor to pay for all any installation costs, running costs and removal on completion.

1.27.2 The Employer will have arranged prior to commencement for a permanent electrical installation which can be used by the Contractor. However they will be responsible for taking meter reading and payment of any usage.

1.27.3 Water is not available and the Contractor will have to make their own arrangements for providing water for the Works.

1.28 Parking

1.28.1 The Contractor is not permitted to park outside and should this not contravene any planning, highways or local authority regulations. Should this be insufficient then the Contractor is to make their own arrangements for parking off site. The works are located within a heavy built up residential area and at no point is the contractor to impede the highway, local residents and / or businesses. Do not block or hinder emergency routes both internally and externally.

1.29 Signboard

1.29.1 The Contractor will provide and erect a temporary site signboard. The Contractor will maintain the signboard in good condition for the duration of the Contract and will take down and clear away on completion. Allowance should be made for fixing the Contract Administrator's and Architect’s name boards.

1.29.2 The sole right of advertising upon or adjacent to this property or any poles, hoarding or apparatus whatsoever forming part of or incidental to the Works is reserved by the Employer.

1.30 Access

1.30.1 The Employer and his representatives shall at all reasonable times have access to the Works or other places of the Contractor where work is being prepared for this Contract and when work is to be so prepared in workshops or other places of a Domestic Sub-Contractor the Contractor shall by a term in the Sub-Contract, so far as reasonably possible, secure a similar right of access to those workshops or places for the Employer and his representatives and shall do all things reasonably necessary to make such right effective.

1.31 Wayleaves, Easements, Rights of Way etc:

1.31.1 The Contractor will be responsible for liaising with Statutory authorities, local authorities and all other statutory and non-statutory bodies, as required, to obtain all necessary wayleaves, easements, rights of way etc., to allow for drainage, service connections, vehicular and pedestrian access etc. Such requirements are to be reported to the Employer.

1.32 Other Statutory Consents and Requirements

1.32.1 The Contractor shall be responsible for obtaining and complying with the requirements of the City Council, Public Health Inspector, Utility Companies and / or any other competent body authorized to give instructions in design matters in so far as their regulations affect the contract works. The Contractor shall obtain all consents required with regard to unloading of materials, scaffolding, hoardings or other constructions to roads, pavements, walkways or adjacent property, etc and comply with the Local and relevant Authority or private owners requirements and pay all charges and clear away and make good on completion or when directed.



1.33 Local and Statutory Authorities Fees and Charges

1.33.1 The Contractor shall give all notices to Local, Statutory or other relevant Authorities and pay all fees or charges legally demandable including rates and taxes in respect of any temporary huts or buildings erected on site, advertising, hoardings, temporary access provisions, applications and the like.

1.34 Waste Disposal

1.34.1 Comply fully with all regulations associated with waste management. Rubbish, debris, spoil, surplus material, containers and packaging all to be removed off site to approved and licenced disposal facilities. Rubbish to be disposed of on a regular basis and must not be allowed to build up in areas of the site. No burning of rubbish on site will be permitted. Keep all entrances and exits clear if debris at all times.

1.35 Fire and Police Regulations

1.35.1 The Works shall meet with and comply with the recommendations and requirements of the Fire Officer in respect of all regulations affecting these Works. No adjustment to the contract sum will be allowed for costs arising from satisfying such requirements or recommendations

1.35.2 The Contractor will be responsible for establishing whether any restrictions will be placed by the Police, or any other Statutory Authority, upon the access, movement or parking of the types of plant and delivery vehicles likely to be used and make allowances and pay all associated costs and charges

1.35.3 The Contractor shall include provision for complying with all Police and Highway regulations. Consideration must be made in relation to all large and complex deliveries and obtain all licences, permit and authorisation from the relevant authorities.

1.35.4 The Contractor shall comply with any traffic and police regulations in force at the time of carrying out the Contract.

1.36 Noise and Pollution

1.36.1 The Contractor shall keep noise on the site to as low a level as can be practicably attained. Use mufflers and acoustic enclosures if necessary. Use electric powered tools and plant wherever possible. Prevent nuisance by radio receivers and similar devices. Comply with BS 5228 'Code of Practice for Noise Control on demolition and construction sites' and ascertain the Local Authority's requirements in this respect.

1.36.2 The Contractor shall prevent smoke, dust, fumes, spillage, pollution of waterways and any other form of nuisance. Do not dump any waste other than in authorised tipping areas. The burning of waste building materials or any other materials will not be permitted on the site. Comply with all reasonable requests from the public and adjoining occupants.

1.36.3 The Contractor shall keep the Works clean and tidy at all times. Remove rubbish and debris and do not permit it to accumulate, cause obstructions or become a fire risk.



1.37 Services

1.37.1 Identify, maintain and protect during the course of the works. Do not overload. Take regular meter readings and submit to the Client.

1.37.2 Small power (240v) for the purpose of the Works only will be provided to the Contractor on the basis that a meter reading and record is carried out and submitted monthly to the Contract Administrator – and that use is not excessive. No provision for gas will be provided. The Client will have the right to rescind this offer for excessive use by providing 72 hours’ notice. Excessive use can be paid for by the Contractor – or alternative arrangements made at no cost to the Client.

1.37.3 Contractor will be expected to step down to 110v for all power on site. The Contractor will be full responsible for providing 110 v step down transformers for all electrical plant and equipment.

1.38 Temporary Works including Scaffolding

1.38.1 The Contractor will be fully responsible for the complete protection to the Memorial including any Licences, permits, payment of all charges, protection and security and lighting.

1.38.2 Protection is to be erected, maintained, tested and dismantled by reputable subcontractor. Contractor to allow for making good any structure or finishes disturbed by the erection of scaffolding on completion of the works to the satisfaction of the Contract Administrator.

1.38.3 Any protection which impedes and public space will need to be fully designed to provide full public protection including boarding, protection, netting and lighting. Provide all means of public diversion and signage.

1.38.4 The site is to be fully secured with Herras Fencing where not overlooked by the public. Any elevation which is overlooked by the public and is identifiable from the public highway is to be fully hoarded with solid plywood on posts and painted on side facing public areas. All hoardings are to be lockable to prevent unauthorised access.

1.39 Deliveries

1.39.1 Restrictions on deliveries : No deliveries will be permitted directly from Walmley Road. Bulk material deliveries and any removal of any bulk spoil or debris via Crawford Road are restricted between 10am to 2pm only.

1.39.2 Large scale and / or disruptive deliveries will need a minimum 72 hours’ notice to enable the CA to liaise with neighbouring properties. The Contractor will be responsible for payment of all charges, costs and the like associated with deliveries including Local Authority permits and costs.

1.40 Materials offsite and onsite

1.40.1 Material off site: The Employer will not be liable or pay for materials offsite unless the Contractor can full prove retention of title vested in the Employer.

1.40.2 Material on Site: Any material on the site is the property of the Employer and shall not be used and/or removed without the authority of the EA. However, if required to be removed the material will be removed at the Contractor's expense.



1.41 Work prior to Completion

1.41.1 Make good all damage consequent upon the Works. Temporary markings, coverings and protective wrappings are to be removed unless otherwise instructed.

1.41.2 Clean the Works thoroughly inside and out, including all accessible ducts and voids. Remove all splashes, deposits, efflorescence, rubbish and surplus materials as recommended by manufacturers of products being cleaned, and must not damage or disfigure other materials or construction.

1.41.3 Touch up in newly painted work, carefully matching colour and brushing out edges. Repaint badly marked areas back to suitable breaks or junctions.

1.41.4 Adjust, ease and lubricate as necessary to ensure easy and efficient operation, including doors, windows, drawers, ironmongery, appliances, valves and controls.

1.41.5 Leave the Works secure with, where appropriate, all accesses closed and locked. Account for and adequately label all keys and hand over to Client with itemized schedule, retaining duplicate schedule signed by Client as a receipt.

1.41.6 Arrange access with Contract Administrator. Maintain a defects tracking schedule and report two weekly on the progress of defects rectification to the CA. All defects are to be completed within 4 weeks of Practical Completion, unless agreed otherwise with the CA. Notify when remedial works have been completed.

1.41.7 Provide a full set of labelled keys.

1.41.8 Provide a demonstration of all installed equipment.

1.41.9 Provide contract details for any call out or emergency numbers for equipment failures.

1.42 Rectification Period - Making Good Defects

1.42.1 For the avoidance of doubt, the terms of the JCT Contract 2016 shall be administered based on the duties and obligations as set out under Rectification – and this will be administered as a 6 months rectification period.

1.42.2 The Contractor will be required to liaise with the Employer and arrange, with reasonable notice, the precise dates for access to the various parts of the Works for purpose of making good defects. The Contractor should note that they may be required to carry out remedial works at any time during the Rectification Period as instructed by the Employer.

1.42.3 The Schedule of Specified Categories of Defects and time periods for response will be in accordance with Akelius requirements. The Contractor is to provide emergency out of hours contact details to ensure that the response times are met.

1.42.4 Within fourteen days of the expiry date of the Rectification Period the Employer and Contract Administrator will arrange final inspections of the properties with a representative of the Contractor. A list of any identified defects will be produced by the Contract Administrator and distributed to the Employer and Contractor. If, for any reason, access to a property is not possible, then one further attempt is to be made to carry out an inspection.

1.42.5 Upon receipt of the list of identified defects, the Contractor is required to undertake these works in accordance with the Response Times given. All defects, including those not covered in Categories One or Two, are to be made good within twenty days of receipt of the notification list.



1.42.6 On completion of the notified defects in each property during the Rectification Period and after the end of Rectification Period Inspections the Contractor will be required to obtain formal sign off by the resident using the forms provided. A copy of the signed form is then to be e-mailed to the Employer and the Contract Administrator.

1.42.7 The requirements under “Rectification Period – Making Good Defects” will apply to all dwellings and tenures.

1.42.8 The Rectification Period shall be 6 months from the date of Practical Completion. The period is consistent with the terms of Recommended Buildmark Warranty provisions.

1.42.9 Notwithstanding the requirements set out in the contract retention will be held in trust as follows

Retention during construction works 5.00% Practical Completion – 0 to 6 months 2.50%

End of Rectification Period 0.00%

1.42.10 The Contractor is required to adopt a robust process which responds to reports of building defects.

1.42.11 Inspections of the completed units for the purposes of identification and rectification of defects will take place as soon as is practicable after the 12 months period after Practical Completion has elapsed.

1.43 Building Manual

1.43.1 The Contractor is to provide two weeks prior to completion a full Building Manual for the Contract Administrator to review. The manual is to include as a minimum (but not restricted to) :

▪ Product Installation Instructions ▪ Product Operating Instructions ▪ Product Warranties ▪ Schedule of key suppliers ▪ Paint / colour references ▪ Details of spare parts and suppliers ▪ Cleaning and maintenance requirements ▪ Details of specialist furniture installed ▪ Record or as built or marked up drawings (as required) ▪ Locations of isolators and electrical equipment ▪ COSHH data sheets where relevant ▪ Commissioning Records ▪ Test Certificates

Section 2 Specification

Royal Sutton Coldfield Town Council Improvement Works to the Land surrounding Walmley War Memorial at the Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NQ Section 2 Outline Specification


Outline Scope of Works:

The works comprise the following General: All reference to PC Sums are excluding VAT. Workmanship: All construction work is to be executed in accordance with the Building Regulations, the relevant British Standards & Code of Practice requirements. All materials to be installed in accordance with manufacturer's written recommendations. Memorial Works

• Works are to be carried out by specialist in their own field outside this contract

• Quotation has been included for information only

• Costs for these works are not to be included in your Tender Submission

• The works will be carried out prior to Public Realm works and be protected

• Contractor to ensure that these works are protected at all times. Should the need arise additional protection may be required and will need to be allowed in this price.

• A revisit by the specialist for a final clean – paid for directly by RSCTC – will be carried out following Practical Completion

Preparation Works

• Safely disconnect all redundant services, capping off

• Remove all site fittings, furniture and debris and dispose offsite.

• Remove all site vegetation except for the existing trees noted and dispose offsite.

• All necessary tree removals have already been procured and completed therefore no allowance is required for these works.

• Lift all existing turf and topsoil and dispose offsite.

• Break out all existing hardstanding’s including footpaths, paving and kerbs and dispose offsite.

• Excavate site area to designed formations and compact; remove bulk materials off site

• Preparation for new surface sub-bases.

• Note the restrictions on delivery and removals of any bulk materials – via Crawford Street only

• Road cleaning as required



External Works External Hardstanding’s

• Lay geogrid subbase treatment system to the base of entire site excavation prior to laying any other surface or subbase.

• Lay new paving flags to footpath and courtyard areas including any detailing slabs. Pavers to minimum R11 slip resistance with final specification confirmed post contract. Laid on sand blinding layer on minimum 150 deep Type 1 hardcore. Granular material to be compacted per pavers are laid.

• Paving slabs to footpaths – PC sum for supply £35/m2

• Paving slabs to public spaces – PC sum for supply £50/m2

• Paving slabs to courtyard areas – PC sum for supply £50/m2

• Paving slabs for details in courtyard slabs – PC sum for supply £50/m2

• Paving slabs to be suitable to external weather use.

• Lay new Golpa system to courtyard areas including associated topsoil and grass seeding where required. To be laid on 150mm deep granular material; on 100mm deep root zone infill layer.

• Marshalls Conservation style flush kerbs and edgings to all hardstanding perimeters. To be cast in concrete footings.

Site Fittings / Furniture

• Install new benches. To be Broxap Lithos Mega; including exotic wood slatted seat and backrest with acrylic paint finish. To be cast in concrete footings. Sizes as follows:

o 2000mm long overall (2nr) o 4000mm long overall (1nr) o 8600mm long overall (1nr)

• Install new Derby round litter bins; BX45 2554 to RSCTC specification – 2 nr Community Centre Works / Artwork

• Artwork to community centre wall to be a specialist design. A provisional sum of £3,000 has been included for these works which is current in design development.

• Install 3 nr new bespoke polyester powder coated metal tree grilles; shape to suit perimeter of tree trunk and roots; style to be associated to rear Community Centre wall – PC sum for supply £1,500 each.

• Allow for community centre to have brickwork jet washed along with cleaning out rainwater goods; defective downpipes to be replaced and new signage to be installed.

Soft Landscaping

• Lay new imported topsoil to all planting areas

• Lay new turf to landscape areas as per plan

• Carry out all planting scheme including trees, hedging and low-level shrubbery as per Pegasus plan.

• Contractor to provide proposals including specification together with age and species.



Electrical Works

• Design, supply, install and commission

• Disconnect and make safe any existing services prior to the commencement of any works.

• Remove 2 nr lamp posts including all foundations and services

• New Western Power service to be installed – application and payment procured directly by RSCTC

• Allow for builders work trenching and ducting for the above works

• Provide power cabinet to house meter, sub boards and timers; controls

• Construct new containment and extend to provide new electrical supply including all sub-main cables and distribution board.

• Lay all new ducting and wiring for new lighting.

• Power and lighting all in armoured cable with approximate positions to be agreed o Power column to be situated behind the concrete seating surrounding the memorial. o Lighting layout as per Pegasus layouts

• New light fittings from Collingwood or Searchlight range as follows: o LED bollards - PC sum for supply £350 each o LED columns – PC sum for supply £ 1200 each o LED ground recessed floor light – PC sum for supply £110 each o LED ground recessed light strip – PC sum for supply £60 / m

Drainage Works

• Provide CCTV survey of existing drainage runs to determine current state.

• Install new below ground drainage to remove all surface water from paving.

• Allow for all surface ACO drains in connection where necessary.

Section 3 Pricing Document

Royal Sutton Coldfield Town Council


Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NP


Ref Description Qty Unit Rate £

PRICING NOTES

5 The Works are to be carried out in strict accordance with the

relevant specifications and all as detailed on the tender

drawings, schedules and specification 1 Item

10 The Schedule of Works relates to significant and principle

items of work and the Contractor will be deemed to have

allowed for all sundry and associated works, labour, temporary

work, interfacing, making good, etc to carry out and complete

the works shown on the drawings and specifications

1 Item

15 Where the extent of the work cannot be reasonably

ascertained, the Contractor shall state what has been allowed

for in the tender No subsequent details or drawing revisions

will be deemed to be a variation if in the opinion of the CA, it

could have been reasonably foreseen or required in the

integrity of the works 1 Item

20 Where key significant quantities have been provided, these

are for scoping and identification purposes only and are

provided for pricing and guidance only - without warranty The

Contractor will be deemed to have checked and clarified the

extent of works as shown on the drawings and priced

accordingly The final contract will be awarded based on a

standard form without quantities 1 Item

25 The Client retains the right to omit works from the Contract

and instruct these to be carried out by others. No claims for

additional costs will be accepted if this arises and the

Contractor is to price the Schedules accordingly and include

in individual items of work all associated costs, overheads

profit and the like 1 Item

30 The Contractor should note that the Work Schedules

descriptions are for information and are, in some instances, all

encompassing It is the Contractor's responsibility to ensure

that all items required for items indicated on the

drawings/included in the Schedule of Works are included in

the pricing of the appropriate item or separately included No

claims for any additional costs will be accepted following

contract award should the Contractor not have priced items

properly 1 Item

35 All rates against hardstandings are deemed to include for

laying to completion. Sub-bases are included elsewhere. 1 Item

40 All rates against site fittings and furniture are deemed to

include for installing and fixing to completion; including

concrete foundations and bases 1 Item

Pricing Notes - Sub Total -£


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TEMPORARY WORKS

Welfare, scaffolding and storage

5 Establish a secure and safe compound 1 Item

10 Provide full welfare, secure stores and any other facilities

deemed necessary 1 Item

15 Provide all temporary fencing and hoardings 1 Item

20 Provide separate secure storage for client for full duration of

the project 1 item

25 Allow for all skips and ensure works are disposed to official

and licenced tips 1 item

30 Provide all temporary access provisions including any

necessary scaffolding, trestles and hoists as required by the

works 1 Item

35 Provide all management for the works including labour 1 Item

40 Plant and equipment 1 Item

45 Cleaning including road sweeping - weekly 1 Item

50 Any other works deemed necessary to complete 1 Item

55 Remove off site all temporary works on completion and make

good any structure and finishes disturbed 1 item

Temporary Works - Sub Total -£


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MEMORIAL STONE REPAIRS - BY SPECIALIST

Preparatory work

5 Carry out and provide photographic survey and report 1 item

10 Protection of Memorial - installed by specialist - ensure this is

maintained at all times 1 item

15 Should Contractors sequence require, then reinstall full

protection until contract PC 1 item

20 Provide any additional protection deemed necessary 1 item

Specialist cleaning works; as Appendix H

25 A copy of the specialist cleaning quotation to memorial stone

including professional clean of cross shaft plinth and base,

cast bronze plaques, low level walling and surrounding slab

areas. Provided for guidance 1 item

30 A revisit by the specialist for a final clean – paid for directly by

RSCTC – will be carried out following Practical Completion

1 item

35 Works carried out separately by specialist prior to Public

Realm works - do not include in submission 1 item

Works on completion

40 Provide full and final photographic report on completion 1 item

Memorial Stone Repairs - Sub Total -


April 2021 T4

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PREPARATORY WORKS

Preparation works

5 Safely disconnect all existing power and remove redundant

services; capping off 1 item

10 Remove all existing site fittings and furniture including bins,

benches and the like complete 1 item

15 Clearing site of all vegetation including lifting up turf, planting,

shrubs, hedges and the like complete 1 item

20 Breaking up and removing all existing pavings including sand

base, edgings and the like 1 item

25 Any others works necessary to commence and complete the

permanent installations 1 item

Excavation and filling works

30 Excavate to all designed formation levels; compacting sub

base; providing supports to excavations as required; disposal

of all material offsite to licenced tip 1 item

35 Allow for road cleaning as frequently as required during

excavation and preparation stages 1 item

40 Treatment and proof rolling of all sub bases 1 item

Preparation Works - Sub Total -£


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HARDSTANDINGS

Sub base

5 Prepare and lay all imported sub base in MOT Type 1;

compacted in 100 mm layers; sand blinding; prepare base for

pavings 1 item

10 Provide Geotextile 1000 stabilisation matting 1 item

External pavings

15 Supply and lay paving slabs to public space and walkways;

PC sum for supply £50/m2; on and including sand bed; sand

and cement jointing [Paving A] 1 item

20 Supply and lay paving slabs to main courtyard including

contrasting features and detailing; PC sum for supply

£50/m2; on and including sand bed; sand and cement jointing

[Paving B] 1 item

25 Supply and lay flag paving slabs to footpaths; PC sum for

supply £35/m2; on and including sand bed; sand and cement

jointing [Paving C] 1 item

Pre-Grown Grass Reinforcement System

30 Supply and lay Golpa reinforcement system Type 1; 150 deep

prepared sub base; 100 deep root zone layer; infilling with

topsoil and seeding 1 item

35 Allow for cutting and shaping Golpa system to install 3nr

bespoke tree grilles 1 item

Associated work

40 Supply and lay Marshall Conservation kerbs and edgings; on

and including concrete foundations; including all excavation,

disposal and the like complete 1 item

Making good

45 Allow for making good all paving works to the boundary of the

site 1 item

Hardstandings - Sub Total -


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SITE FURNITURE, FITTINGS AND ART WORK

Install only - supplied by Council

5 Directional, information and wayfinding signage 1 item

Supply and install; Broxap; on and including suitable

concrete foundation

10 Broxap Mega Lithos with acrylic paint finish; 2000 long overall;

2 nr 1 item

15 Broxap Mega Lithos with acrylic paint finish; including exotic

wood seat and backrest; 4000 long overall; 1 nr 1 item

20 Broxap Mega Lithos with acrylic paint finish; including exotic

wood seat and backrest; 8600 long overall; 1 nr 1 item

25 Allowance for the installation of a interpretation plaque at the

end of one of the benches 1 item

Stainless steel litter bins

30 Supply and install; Derby round litter bin; BX45 2554 to

RSCTC specification; on and including suitable concrete

foundation; 2nr 1 item

Tree grilles with art work

35 Purpose made tree grates including grilles; polyester powder

coated metalwork; shape to follow perimeter of tree trunk and

roots; to match new artwork; Allow a provisional sum of

£1,500 per grille 3 PS

Community Centre and Art Works

40 Allow for cleaning down wall using DOFF system 1 Item

45 Cleaning out rainwater goods and replacing defective

downpipes 1 Item

50 Installing new signage provided free of charge 1 Item

55 Allow Provisional Sum of £3,000 for Artwork / works to

Community Centre 1 PS

Site Furniture, Fittings and Art Work - Sub Total -


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PLANTING AND LANDSCAPING

Preparation works

5 Allow for all preparation works including cultivating, turning,

weeding, destoning and the like; treating with suitable

herbicide 1 item

10 Providing new imported topsoil to all grass and planting 1 item

15 Allow for pruning and maintenance works to existing trees 1 item

Soft Landscaping

20 Provide design and proposals based on outline scheme

provided by Pegasus. Provide full specification including age

and species of planting 1 item

25 Supply and lay turf seeding and the like 1 item

30 Propose and allow for all low level shrub planting scheme 1 item

35 Supply and plant hedgerow 1 item

40 Reinforce hedging to perimeter of Fox and Hounds 1 item

45 Replacement semi mature tree planting to Walmley Rd 1 item

50 Allowance for all maintenance of all landscaping during the 6

months rectification period; watering 1 item

Planting and Landscaping - Sub Total -


April 2021 T4

Page 3/7






ELECTRICAL INSTALLATIONS

Incoming mains - All works carried out by Specialist Prior

to commencement of works

5 New WPD incoming service to provide site with independent

power. These works will be procured and paid for directly by

RSCTC 1 item

10 Provide power cabinet to house meter, sub boards and timers

and controls 1 item

15 Construct new containment and extend to provide new

electrical supply including all sub-main cables and distribution

board, controls and timers 1 item

20 Provide new 32 amp power column to supply 3 sockets to be

situated behind the concrete seating surrounding the

memorial 1 item

Design supply, install and commission electrical

installations complete; BCC adoptable standards

Propose, supply and install all lighting; including all wiring,

ducting and the like complete; Collingwood or Searchlight

range; in suitable concrete foundation

25 LED lighting bollards; PC for supply £350 each 1 item

30 LED lighting column; PC for supply £1200 each 1 item

35 LED ground recessed flood lights to memorial PC sum for

supply £110 each 1 item

40 LED ground recessed light strips PC sum for supply £60 /

m 1 item

45 Propose, supply and install all lighting switching including

controls, sensors and cabinet; separate controls to memorial

1 item

50 Allowance for all builders work including ducting, trenching,

supports, warning tape and backfilling 1 item

Electrical Works - Sub Total -


April 2021 T4

Page 3/8






DRAINAGE INSTALLATIONS

Existing installation

5 Carry out CCTV drainage survey of below ground drainage

directly under the areas of works; jetting clean 1 item

10 Allow a Provisional Sum for repairs of £2,000 to existing

drainage following survey completion 1 item

New installation

15 Provide new Aco drainage channels connected to existing

underground drainage system 1 item

Drainage Works - Sub Total -


April 2021 T4

Page 3/9






WORKS IDENTIFIED BY CONTRACTOR

Allow for works identified by Contractor to comply fully with the

drawings, specification and schedules not specifically included

in priced schedule

5 1 item

10 1 item

15 1 item

20 1 item

25 1 item

30 1 item

35 1 item

40 1 item

45 1 item

Works Identified by Contractor - Sub Total -

PROVISIONAL SUMS

Allow for the following provisional sums to be expended under

the direction of the CA

5 Allow for dealing with obstructions in the ground - include

a Provisional Sum of £1,500 1 PS

10 Contingency to be expended under direction of CA -

include a Provisional Sum of £5,000 1 PS

####

Provisional Sums - Sub Total -


April 2021 T4

Page 3/10






MAIN SUMMARY

Temporary works -

Memorial War Memorial Works -

Preparatory Works -

Pavings and kerbs -

Site furniture, fittings and art works -

Planting and Landscaping -

Electrical Installations -

Drainage Installations -

Works identified by Contractor -

Provisional Sums -

TOTAL COST CARRIED TO FORM OF TENDER -

EXCLUDING VAT-


April 2021 T4

Page 3/11

Appendices

Royal Sutton Coldfield Town Council Improvement Works to the Land surrounding Walmley War Memorial at the Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NQ

APPENDIX A

Contract Particulars

MWD 2016

Minor Works Building Contract

with contractor's design 2016

MINOR WORKS BUILDING CONTRACT

MWD 2016 1375911709 10/03/2021

© The Joint Contracts Tribunal Limited 2016

Minor Works Building Contract with contractor's design (MWD)

Appropriate:

• where the work involved is simple in character;

• where the work is designed and the requirements for the contractor's design of discrete part(s) are detailed by or on behalf of the Employer, and where the Contractor is required to design those part(s) of the work (Contractor's Designed Portion);

• where the Employer is to provide drawings and/or a specification and/or work schedules to define adequately the quantity and quality of the work; and

• where an Architect/Contract Administrator is to administer the conditions.

Can be used:

• by both private and local authority employers.

Not suitable:

• as a design and build contract;

• where bills of quantities are required;

• where provisions are required to govern work carried out by named specialists;

• where detailed control procedures are needed.

This document has been produced electronically by Rapidocs software and is derived from the published printed version (June 2016). Its use is subject to the software licence agreement. Thomson Reuters and the Thomson Reuters Logo are trademarks of Thomson Reuters. Sweet & Maxwell ® is a registered trademark of Thomson Reuters (Professional) UK Limited.

For details of 2016 Edition changes, see the Guidance Notes and the Tracked Change Document.

www.jctltd.co.uk

MWD 2016 1375911709 10/03/2021


Contents

Agreement

Recitals

ArticlesArticle 1: Contractor's obligationsArticle 2: Contract SumArticle 3: Architect/Contract AdministratorArticle 4: Principal DesignerArticle 5: Principal ContractorArticle 6: AdjudicationArticle 7: ArbitrationArticle 8: Legal proceedings


Attestation

Conditions

Section 1 Definitions and Interpretation1·1 Definitions1·2 Agreement etc. to be read as a whole1·3 Headings, references to persons, legislation etc.1·4 Reckoning periods of days1·5 Contracts (Rights of Third Parties) Act 19991·6 Notices and other communications1·7 Consents and approvals1·8 Applicable law

Section 2 Carrying out the Works2·1 Contractor's obligations2·2 Materials, goods and workmanship2·3 Commencement and completion2·4 Architect/Contract Administrator's duties2·5 Correction of inconsistencies2·6 Divergences from Statutory Requirements2·7 Fees or charges legally demandable2·8 Extension of time2·9 Damages for non-completion2·10 Practical completion2·11 Defects2·12 Certificate of making good

Section 3 Control of the Works3·1 Assignment3·2 Person-in-charge3·3 Sub-contracting3·4 Architect/Contract Administrator's instructions3·5 Non-compliance with instructions3·6 Variations3·7 Provisional Sums3·8 Exclusion from the Works3·9 CDM Regulations

Section 4 Payment4·1 VAT4·2 Construction Industry Scheme (CIS)

MWD 2016 1375911709 10/03/2021Walmley War Memorial Square Improvements Contract

© The Joint Contracts Tribunal Limited 2016Page i of ii

4·3 Interim payments – dates and certificates4·4 Contractor's applications and payment notices4·5 Payments – amount and notices4·6 Failure to pay amount due4·7 Contractor's right of suspension4·8 Final certificate and final payment4·9 Fixed price and fluctuations provisions

Section 5 Injury, Damage and Insurance5·1 Contractor's liability – personal injury or death5·2 Contractor's liability – loss, injury or damage to property5·3 Contractor's insurance of his liability5·4A Joint Names Insurance of the Works by Contractor5·4B Joint Names Insurance of the Works and existing structures by Employer5·4C Insurance of the Works and existing structures by other means5·5 Evidence of insurance5·6 Loss or damage – insurance claims and reinstatement5·7 Loss or damage to existing structures – right of termination

Section 6 Termination6·1 Meaning of insolvency6·2 Notices under section 66·3 Other rights, reinstatement6·4 Default by Contractor6·5 Insolvency of Contractor6·6 Corruption and regulation 73(1)(b) of the PC Regulations6·7 Consequences of termination under clauses 6·4 to 6·66·8 Default by Employer6·9 Insolvency of Employer6·10 Termination by either Party and regulations 73(1)(a) and 73(1)(c) of the PC Regulations6·11 Consequences of termination under clauses 6·8 to 6·10

Section 7 Settlement of Disputes7·1 Mediation7·2 Adjudication7·3 Arbitration

Schedules

Schedule 1 Arbitration

Schedule 2 Fluctuations – Contribution, levy and tax changes

Schedule 3 Supplemental Provisions

Guidance Notes


© The Joint Contracts Tribunal Limited 2016Page ii of ii

Agreement

This Agreement is made the ____________________________ 20________

Between The Employer Royal Sutton Coldfield Town Council

of AFE Business Centre, 62 Anchorage Road, Sutton Coldfield B74 2PG

And The Contractor TBC on award

(Company No. TBC on award)[1]

whose registered office is at TBC on award


© The Joint Contracts Tribunal Limited 2016Page 1 of 43

[1] Where the Employer or Contractor is neither a company incorporated under the Companies Acts nor a company registered under the laws of another country, delete the references to Company number and registered office. In the case of a company incorporated outside England and Wales, particulars of its place of incorporation should be inserted immediately before its Company number.

Recitals

Whereas

First the Employer wishes to have the following work carried out[2]:


at

Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NQ (‘the Works’)

under the direction of the Architect/Contract Administrator referred to in Article 3;

Second the Works include the design and construction of[3]

Electrical, power and lighting installation

(‘the Contractor's Designed Portion’);

Third the Employer has had the following documents prepared which show and describe the work to be done:

the drawings numbered as set out in appendix C of the contract documents ('the Contract Drawings')[4][5]

a Specification (‘the Contract Specification’) [4]

Work Schedules[4]

other documents showing or describing or otherwise stating his requirements for the design and construction of the Contractor's Designed Portion (‘the Employer's Requirements’)

which for identification have been signed or initialled by or on behalf of each Party; those documents together with this Agreement, the Conditions and, if applicable, a Schedule of Rates as referred to in the Fourth Recital (collectively ‘the Contract Documents’) are annexed to this Agreement[6];

Fourth

Fifth

the Contractor has supplied the Employer with a copy of the priced Contract Specification or Work Schedules or with a Schedule of Rates[4];

for the purposes of the Construction Industry Scheme (CIS) under the Finance Act 2004, the status of the Employer is, as at the Base Date, that stated in the Contract Particulars;

Sixth

Seventh

for the purposes of the Construction (Design and Management) Regulations 2015 (the 'CDM Regulations’) the status of the project that comprises or includes the Works is stated in the Contract Particulars;

the Contract is not supplemented by a Framework Agreement;



[2] State nature and location of intended works.[3] State nature of work in the Contractor's Designed Portion either here or by reference to an identified Annex to this Contract. The

Annex or any continuation sheets to a description here should be signed or initialled by or on behalf of each Party.[4] Delete as appropriate.[5] State the identifying numbers of the Contract Drawings or identify the schedule of drawings or other document listing them.[6] Where a Contract Document has been priced by the Contractor it is that version of the document that should be annexed.

Eighth whether any of Supplemental Provisions 1 to 6 apply is stated in the Contract Particulars;



Articles

Now it is hereby agreed as follows

Article 1: Contractor's obligations

The Contractor shall carry out and complete the Works in accordance with the Contract Documents.

Article 2: Contract Sum

The Employer will pay the Contractor at the times and in the manner specified in the Conditions the VAT-exclusive sum of

TBC on award (£TBC on award) (‘the Contract Sum’)

or such other sum as becomes payable under this Contract.

Article 3: Architect/Contract Administrator

For the purposes of this Contract the Architect/Contract Administrator[7] is

Felton Consult

of

Suite 1, 17 Wrens Court, Lower Queen Street, Sutton Coldfield, B72 1RT

or, if he ceases to be the Architect/Contract Administrator, such other person as the Employer nominates (such nomination to be made within 14 days of the cessation). No replacement appointee as Architect and/or Contract Administrator shall be entitled to disregard or overrule any certificate, opinion, decision, approval or instruction given by any predecessor in that post, save to the extent that that predecessor if still in the post would then have had power under this Contract to do so.

Article 4: Principal Designer

The Principal Designer for the purposes of the CDM Regulations is the Architect/Contract Administrator or such replacement as the Employer at any time appoints to fulfil that role.

Article 5: Principal Contractor

The Principal Contractor for the purposes of the CDM Regulations is the Contractor or such replacement as the Employer at any time appoints to fulfil that role.

Article 6: Adjudication

If any dispute or difference arises under this Contract either Party may refer it to adjudication in accordance with clause 7·2.[9]



[7] Unless the person appointed by or under Article 3 is entitled to use the title 'Architect' under the Architects Act 1997, the term 'Architect' shall so long as that person holds that post be deemed deleted throughout this Contract. Any appointee as Contract Administrator should be suitably experienced for the role. Irrespective of experience or qualifications, the Employer should not at any time appoint himself to the role without the Contractor's prior agreement.

[9] As to adjudication in cases where the Employer is a residential occupier within the meaning of section 106 of the Housing Grants, Construction and Regeneration Act 1996, see the Guidance Notes.

Article 7: Arbitration

Not applicable.

Article 8: Legal proceedings[10]

Subject to Article 6 and (where it applies) to Article 7, the English courts shall have jurisdiction over any dispute or difference between the Parties which arises out of or in connection with this Contract.



[10] If it is intended, subject to the right of adjudication and exceptions stated in Article 7, that disputes or differences should be determined by arbitration and not by legal proceedings, the Contract Particulars must state that the arbitration provisions of Article 7 and Schedule 1 apply and the words "do not apply" must be deleted. If the Parties wish any dispute or difference to be determined by the courts of another jurisdiction the appropriate amendment should be made to Article 8 (see also clause 1·8).


Note: An asterisk * indicates where selection has been or should have been made.

Clause etc.

Fifth Recital and Schedule 2 (paragraphs 1·1, 1·2, 1·5, 1·6, 2·1 and 2·2)

Fifth Recital and clause 4·2

Sixth Recital

Eighth Recital and Schedule 3

Subject

Base Date

Construction Industry Scheme (CIS)

CDM Regulations[12]

Supplemental Provisions[13]

(Where neither entry against one of Supplemental Provisions 1 to 6 below is deleted, that Supplemental Provision applies.)

Collaborative working

Health and safety

Cost savings and value improvements

Sustainable development and environmental considerations

Performance Indicators and monitoring

Notification and negotiation of disputes

Where Supplemental Provision 6 applies, the respective nominees of the Parties are

31st August 2020

Employer at the Base Date* is not a 'contractor'

for the purposes of the CIS

the project* is notifiable

Supplemental Provision 1* applies



Supplemental Provision 4* does not apply

Supplemental Provision 5* does not apply


Employer's nominee

John Beggan - Felton Consult

Contractor's nominee



[12] Under the CDM Regulations 2015 a project is notifiable if the construction work on a construction site is scheduled either to last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project or to exceed 500 person days.

[13] Supplemental Provision 7 (Transparency) applies only where the Employer is a Local or Public Authority or other body to whom the Freedom of Information Act 2000 applies; Supplemental Provision 8 (The Public Contracts Regulations 2015) applies only where the Employer is a Local or Public Authority and this Contract is subject to the PC Regulations.

Article 7

2·3

2·3

2·9

2·11

4·3

4·3

4·3

4·3 and 4·8

4·8·1

Arbitration(If neither entry is deleted, Article 7 and Schedule 1 do not apply. If disputes and differences are to be determined by arbitration and not by legal proceedings, it must be stated that Article 7 and Schedule 1 apply.)[14]

Works commencement date

Date for Completion

Liquidated damages

Rectification Period(The period is 3 months unless a different period is stated.)

Interim payments – Interim Valuation Dates[17]

(Unless otherwise stated, the first Interim Valuation Date is one month after the Works commencement date specified in these Particulars (against the reference to clause 2·3) and thereafter at monthly intervals.)

Payments due prior to practical completion – percentage of the total value of work etc.(The percentage is 95 per cent unless a different rate is stated.)

Payments becoming due on or after practical completion – percentage of the total amount to be paid to the Contractor(The percentage is 97½ per cent unless a different rate is stated.)

Fluctuations provision(Unless another provision or entry is selected, Schedule 2 applies.)

Supply of documentation for computation of

TBC on award

or such replacement as each Party may notify to the other from time to time

Article 7 and Schedule 1 (Arbitration)* do not apply

TBC

TBC

or such later date for completion as is fixed under clause 2·8

at the rate of

£300 per week[15]

6 months[16] from the date of practical completion

The first Interim Valuation Date is

TBC

and thereafter at intervals of

4 weeks

95 per cent[16]

97.5 per cent[16]

* Schedule 2 (Contribution, levy and tax changes) applies/

* no fluctuations provision applies/* the following fluctuations provision applies

________________________________

________________________________

3 months[16]



[14] On factors to be taken into account by the Parties in considering whether disputes are to be determined by arbitration or by legal proceedings, see the Guidance Notes. See also footnote [10].

[15] Insert 'day', 'week' or other period.[16] An insertion is needed here only if the default position is not to apply. If no retention is required, insert '100' in the percentage

entries for clause 4·3.[17] The first Interim Valuation Date should not be more than one month after the Works commencement date and the intervals

between Interim Valuation Dates should not be more than one month.

5·3

5·4A, 5·4B and 5·4C

5·4C

7·2

amount to be finally certified(The period is 3 months unless a different period is stated.)

Contractor's Public Liability insurance: injury to persons or property – the required level of cover is not less than

Insurance of the Works etc. – alternative provisions[18]

Insurance arrangements – details of the required policy or policies

Adjudication[19]

Nominating body – where no Adjudicator is named or where the named Adjudicator is unwilling or unable to act (whenever that is established)[20]

(Where an Adjudicator is not named and a nominating body has not been selected, the nominating body shall be one of the bodies listed opposite selected by the Party requiring the reference to adjudication.)

from the date of practical completion

£2.000.000

for any one occurrence or series of occurrences arising out of one event

* Clause 5·4A (Works insurance by Contractor in Joint Names) applies/

* Clause 5·4B (Works and existing structures insurance by Employer in Joint Names) applies/

* Clause 5·4C (Works and existing structures insurance by other means) applies

are set out in the following document(s)

______________________

The Adjudicator is The Royal Institution of Chartered Surveyors

* Royal Institute of British Architects* The Royal Institution of Chartered Surveyors* constructionadjudicators.com [21]

* Association of Independent Construction Adjudicators[22]

* Chartered Institute of Arbitrators



[18] As to choice of applicable insurance provisions, see the Guidance Notes.Where there are existing structures, it is vital that any prospective Employer – in particular any Employer who is a tenant or a domestic homeowner – who is not familiar with clause 5·4B and the possible solutions under clause 5·4C, or an appropriate member of their professional team, should consult the Employer's insurance advisers prior to the tender stage. Any Employer who is a tenant should also consult his insuring landlord prior to that stage.

[19] The Parties should either name the Adjudicator and select the nominating body or, alternatively, select only the nominating body.The Adjudication Agreement (Adj) and the Adjudication Agreement (Named Adjudicator) (Adj/N) have been prepared by JCT for use when appointing an Adjudicator.

[20] Delete all but one of the nominating bodies asterisked.

[21] constructionadjudicators.com is a trading name of Contractors Legal Grp Ltd.

[22] Association of Independent Construction Adjudicators is controlled by and acts as an agent of the National Specialist Contractors' Council for the purpose of the nomination of adjudicators.

Attestation

Note on Execution

This Agreement should be executed by both the Employer and the Contractor either under hand or as a deed. As to the main factor relevant to that choice, see the Guidance Notes.

Execution under hand

If this Agreement is to be executed under hand, use the form set out on the following page. Each Party or his authorised representative should sign where indicated in the presence of a witness who should then sign and set out his name and address.

Execution as a Deed

If this Agreement is to be executed as a deed, each Party should use the relevant form marked ‘Execution as a Deed’ in accordance with the notes provided.

Other forms of Attestation

In cases where the forms of attestation set out are not appropriate, e.g. in the case of certain housing associations and partnerships or if a Party wishes an attorney to execute this Agreement on his behalf, the appropriate form(s) may be inserted in the vacant space opposite and/or below.



Notes on Execution as a Deed

1 For the purposes of execution as a deed, two forms are provided for execution, one for the Employer and the other for the Contractor. Each form provides four methods of execution, (A) to

(D), for use as appropriate. The full name of the Employer or Contractor (whether an individual, a company or other body) should be inserted where indicated at the commencement of the relevant form. This applies irrespective of the method used.

2 For public and private companies incorporated and registered under the Companies Acts, the three principal methods of execution as a deed are:

(A) through signature by a Director and the Company Secretary or by two Directors;

(B) by affixing the company's common seal in the presence of a Director and the Company Secretary or of two Directors or other duly authorised officers; or

(C) signature by a single Director in the presence of a witness who attests the signature.

Methods (A) and (C) are available to public and private companies whether or not they have a

common seal. (Method (C) was introduced by section 44(2)(b) of the Companies Act 2006.)

Methods (A) and (C) are not available under companies legislation to local authorities or to certain other bodies corporate, e.g. bodies incorporated by letters patent or private Act of Parliament that are not registered under companies legislation and such bodies may only use method (B).

3 Where method (A) is being used, delete the inappropriate words and insert in the spaces indicated the names of the two Directors, or of the Director and the Company Secretary, who are to sign.

4 If method (B) (affixing the common seal) is adopted in cases where either or both the authorised officers attesting its affixation are not themselves a Director or the Company Secretary, their respective office(s) should be substituted for the reference(s) to Director and/or to Company Secretary/Director. (In the case of execution by bodies that are not companies, the reference to “Company” under the second signature should be deleted where appropriate.)

5 Method (C) (execution by a single Director) has been introduced primarily, but not exclusively, for ‘single officer’ companies. The Director should sign where indicated in the presence of a witness who should then sign and set out his name and address.

6 Where the Employer or Contractor is an individual, he should use method (D) and sign where indicated in the presence of a witness who should then sign and set out his name and address.



Execution as a DeedExecuted as a Deed by the Employer

namely 1 Royal Sutton Coldfield Town Council

(A) acting by a Director and the Company Secretary/two Directors of the company 2, 3

_________________________________(Print name of signatory)

and_________________________________(Print name of signatory)

_________________________________ _________________________________Signature Director Signature Company Secretary/Director

__________________________________________________________________________________________Note: The numbers on this page refer to the numbered paragraphs in the Notes on Execution as a Deed.



Execution as a DeedExecuted as a Deed by the Contractor

namely 1 TBC on award

(A) acting by a Director and the Company Secretary/two Directors of the company 2, 3

_________________________________(Print name of signatory)

and_________________________________(Print name of signatory)

_________________________________ _________________________________Signature Director Signature Company Secretary/Director

__________________________________________________________________________________________Note: The numbers on this page refer to the numbered paragraphs in the Notes on Execution as a Deed.



Conditions

Section 1 Definitions and Interpretation

Definitions

1·1 Unless the context otherwise requires or the Agreement or these Conditions specifically provide otherwise, words and phrases defined in the Agreement shall have the same meanings in these Conditions and the following words and phrases, where they appear in capitalised form in these Conditions, shall have the meanings stated or referred to below:

Word or phrase

Agreement:

All Risks Insurance[25]:

Article:

Meaning

the Agreement to which these Conditions are annexed, including its Recitals, Articles and Contract Particulars.

insurance which provides cover against any physical loss or damage to work executed and Site Materials and against the reasonable cost of the removal and disposal of debris and of any shoring and propping of the Works which results from such physical loss or damage but excluding the cost necessary to repair, replace or rectify:

(a) property which is defective due to:

(i) wear and tear,

(ii) obsolescence, or

(iii) deterioration, rust or mildew;

(b) any work executed or any Site Materials lost or damaged as a result of its own defect in design, plan, specification, material or workmanship or any other work executed which is lost or damaged in consequence thereof where such work relied for its support or stability on such work which was defective[26];

(c) loss or damage caused by or arising from:

(i) any consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, commandeering, nationalisation or requisition or loss or destruction of or damage to any property by or under the order of any government de jure or de facto or public, municipal or local authority,

(ii) disappearance or shortage if such disappearance or shortage is only revealed when an inventory is made or is not traceable to an identifiable event, or

(iii) an Excepted Risk.

an article in the Agreement.



[25] The definition of All Risks Insurance defines the risks for which insurance is required. Policies issued by insurers are not standardised and the way in which insurance for those risks is expressed varies.

[26] In any policy for All Risks Insurance taken out under clause 5·4A or 5·4B·2, cover should not be reduced by any exclusion that goes beyond the terms of paragraph (b) in this definition. For example, an exclusion in terms that 'This Policy excludes all loss of or damage to the property insured due to defective design, plan, specification, materials or workmanship' would not be in accordance with the terms of those insurance clauses or of that definition. Wider All Risks cover than that specified may be available, though it is not standard.

Business Day:

CDM Regulations:

CDP Works:

Conditions:

Construction Industry Scheme (or ‘CIS’):

Construction Phase Plan:

Contract Particulars:

Contractor's Designed Portion:

Contractor’s Persons:

Employer’s Persons:

Employer's Requirements:

Excepted Risks:

Interest Rate:

Interim Valuation Date:

Joint Names Policy:

Local or Public Authority:

Parties:

Party:

PC Regulations:

Provisional Sum:

any day which is not a Saturday, a Sunday or a Public Holiday.

the Construction (Design and Management) Regulations 2015.

that part of the Works comprised in the Contractor's Designed Portion.

the clauses set out in sections 1 to 7, together with and including the Schedules hereto.

see the Fifth Recital.

the plan referred to in regulation 2 of the CDM Regulations, including any updates and revisions.

the particulars in the Agreement and there described as such, including the entries made by the Parties.

see the Second Recital.

the Contractor’s employees and agents, all other persons employed or engaged on or in connection with the Works or any part of them and any other person properly on the site in connection therewith, excluding the Architect/Contract Administrator, the Employer, Employer’s Persons and any Statutory Undertaker.

all persons employed, engaged or authorised by the Employer, excluding the Contractor, Contractor’s Persons, the Architect/Contract Administrator and any Statutory Undertaker.

see the Third Recital.

ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds.

a rate 5% per annum above the official bank rate of the Bank of England current at the date that a payment due under this Contract becomes overdue.

each date as specified by the Contract Particulars (against the

reference to clause 4·3).

a policy of insurance which includes the Employer and the Contractor as composite insured and under which the insurers have no right of recourse against any person named as an insured, or recognised as an insured thereunder.

a body that is a ‘contracting authority’ as defined by the PC Regulations.

the Employer and the Contractor together.

either the Employer or the Contractor.

the Public Contracts Regulations 2015.

includes a sum provided for work that the Employer may or may not decide to have carried out, or which cannot be accurately specified in the Contract Documents.



Public Holiday:

Recitals:

Rectification Period:

Scheme:

Site Materials:

Specified Perils:

Statutory Requirements:

Statutory Undertaker:

VAT:

Works Insurance Policy:

Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday.[27]

the recitals in the Agreement.

the period stated as such period in the Contract Particulars

(against the reference to clause 2·11).

Part 1 of the Schedule to The Scheme for Construction Contracts (England and Wales) Regulations 1998.

all unfixed materials and goods delivered to and placed on or adjacent to the Works which are intended for incorporation therein.

fire, lightning, explosion, storm, flood, escape of water from any water tank, apparatus or pipe, earthquake, aircraft and other aerial devices or articles dropped therefrom, riot and civil commotion, but excluding Excepted Risks.

any statute, statutory instrument, regulation, rule or order made under any statute or directive having the force of law which affects the Works or performance of any obligations under this Contract and any regulation or bye-law of any local authority or statutory undertaker which has any jurisdiction with regard to the Works or with whose systems the Works are, or are to be, connected.

any local authority or statutory undertaker where executing work solely in pursuance of its statutory obligations, including any persons employed, engaged or authorised by it upon or in connection with that work.

Value Added Tax.

the Joint Names Policy or policies covering the Works and Site Materials to be effected and maintained under whichever of clauses 5·4A, 5·4B and 5·4C applies.

Agreement etc. to be read as a whole

1·2 The Agreement and these Conditions are to be read as a whole. Nothing contained in the Contract Drawings, the Contract Specification, the Work Schedules or the Employer's Requirements, nor anything in any Framework Agreement, shall override or modify the Agreement or these Conditions.

Headings, references to persons, legislation etc.

1·3 In the Agreement and these Conditions, unless the context otherwise requires:

·1 the headings, notes and footnotes are included for convenience only and shall not affect the interpretation of this Contract;

·2 the singular includes the plural and vice versa;

·3 a gender includes any other gender;

·4 a reference to a ‘person’ includes any individual, firm, partnership, company and any other body corporate; and

·5 a reference to a statute, statutory instrument or other subordinate legislation (‘legislation’) is to such legislation as amended and in force from time to time, including any legislation which re-enacts or consolidates it, with or without modification, and including corresponding legislation in any other relevant part of the United Kingdom.

Reckoning periods of days



[27] Amend as necessary if different Public Holidays are applicable.

1·4 Where under this Contract an act is required to be done within a specified period of days after or from a specified date, the period shall begin immediately after that date. Where the period would include a day which is a Public Holiday that day shall be excluded.

Contracts (Rights of Third Parties) Act 1999

1·5 Notwithstanding any other provision of this Contract, nothing in this Contract confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

Notices and other communications

1·6 ·1 Each notice, instruction or other communication referred to in the Agreement or these Conditions shall be in writing.

·2 Unless otherwise stated in these Conditions, any notice or other communication under this Contract may be given to or served on the recipient by any effective means at the address specified in the Agreement or such other address as he shall notify to the other Party. If no such address is then current, the notice or other communication shall be treated as effectively given or served if addressed and sent by pre-paid post to the recipient’s last known principal business address or (where a body corporate) its registered or principal office.

Consents and approvals

1·7 ·1

·2

Where consent or approval of either Party or the Architect/Contract Administrator is expressly required under these Conditions and is requested, then, except as provided in clause 1·7·2, such consent or approval shall not be unreasonably delayed or withheld.

In the following cases the giving of consent or approval shall be at the sole discretion of the Party from whom it is sought and clause 1·7·1 shall not apply, namely the Employer’s consent under clause 2·11 and either Party’s consent under clause 3·1.

1·8

Applicable law

This Contract shall be governed by and construed in accordance with the law of England.[28]



[28] Where the Parties do not wish the law applicable to this Contract to be the law of England appropriate amendments should be made.

Section 2 Carrying out the Works

Contractor's obligations

2·1 The Contractor shall carry out and complete the Works in a proper and workmanlike manner and in compliance with the Contract Documents, the Construction Phase Plan and Statutory Requirements, and shall give all notices required by the Statutory Requirements. In relation to the Contractor's Designed Portion, the Contractor:

·1 using reasonable skill, care and diligence, shall complete the design for the Contractor's Designed Portion, including, so far as not described or stated in the Employer's Requirements, the selection of any specifications for the kinds and standards of the materials, goods and workmanship to be used in the CDP Works;

·2 shall comply with regulations 8 to 10 of the CDM Regulations and with the Architect/Contract Administrator's directions for the integration of the design of the Contractor's Designed Portion with the design of the Works as a whole, subject to the provisions of clause 3·4·2;

·3 shall as and when necessary without charge provide the Architect/Contract Administrator with copies of such drawings or details, specifications of materials, goods and workmanship, and (if requested) related calculations and information, as are reasonably necessary to explain the Contractor’s Designed Portion;

·4 shall not be responsible for the contents of the Employer’s Requirements or for verifying the adequacy of any design contained within them. If an inadequacy is found in any design in the Employer’s Requirements, then, subject to clause 2·6, the Employer’s Requirements shall be altered or modified by instructions under clause 3·6·1.

Drawings and other documents to be supplied by the Contractor shall be supplied by such means and in such format, if any, as are specified in the Employer’s Requirements[29]. In the absence of specific requirements they shall be supplied in the form of not less than two copies and, unless otherwise stated in the Employer’s Requirements, the Contractor shall allow not less than 7 days from the date of their receipt for the Architect/Contract Administrator’s comments on each drawing or other document before commencing the work to which they relate.

Materials, goods and workmanship

2·2 ·1 Insofar as the quality of materials or standards of workmanship are stated to be a matter for the Architect/Contract Administrator’s approval, such quality and standards shall be to his reasonable satisfaction. To the extent that the quality of materials and goods or standards of workmanship are neither described in the Contract Documents nor stated to be a matter for such approval or satisfaction, they shall in the case of the Contractor’s Designed Portion be of a standard appropriate to it and shall in any other case be of a standard appropriate to the Works.

·2 The Contractor shall take all reasonable steps to encourage Contractor’s Persons to be registered cardholders under the Construction Skills Certification Scheme (CSCS) or qualified under an equivalent recognised qualification scheme.

Commencement and completion

2·3 The Works may be commenced on and shall be completed by the respective dates stated in the Contract Particulars.

Architect/Contract Administrator's duties

2·4 The Architect/Contract Administrator shall issue any further information and instructions necessary for the proper carrying out of the Works and all certificates required by these Conditions.

Correction of inconsistencies

2·5 ·1 Any inconsistency in or between the Contract Drawings, the Contract Specification, the



[29] It is envisaged that any applicable BIM or other communications protocol will be included in the Employer's Requirements.

Work Schedules and the Employer's Requirements shall be corrected and any such correction which results in an addition, omission or other change shall be treated as a variation under clause 3·6·1.

·2 Any inconsistency in or between documents prepared by the Contractor for the CDP Works shall be corrected by the Contractor at his own expense after the Architect/Contract Administrator has approved the manner in which the Contractor proposes to deal with the inconsistency.

Divergences from Statutory Requirements

2·6 ·1 If the Contractor becomes aware of any divergence between the Statutory Requirements and the Contract Documents or between the Statutory Requirements and any instruction from the Architect/Contract Administrator, he shall immediately notify the latter, specifying the divergence.

·2 Provided the Contractor is not in breach of clause 2·6·1, the Contractor shall not be liable under this Contract if the Works (other than the CDP Works) do not comply with the Statutory Requirements to the extent that the non-compliance results from the Contractor having carried out work in accordance with the Contract Documents or the Architect/Contract Administrator's instructions.

Fees or charges legally demandable

2·7 The Contractor shall pay any fees or charges (including any rates or taxes) legally demandable under any of the Statutory Requirements. Such fees and charges shall not be reimbursable to the Contractor by the Employer unless otherwise agreed.

Extension of time

2·8 If it becomes apparent that the Works will not be completed by the Date for Completion as stated in the Contract Particulars or as later fixed under this clause 2·8, the Contractor shall thereupon notify the Architect/Contract Administrator. Where that delay occurs for reasons beyond the control of the Contractor, including compliance with Architect/Contract Administrator’s instructions that are not occasioned by a default of the Contractor, the Architect/Contract Administrator shall give such extension of time for completion as may be reasonable and notify the Parties accordingly. Reasons within the control of the Contractor include any default of the Contractor, of any Contractor's Person or of any of their respective suppliers of goods or materials for the Works.

Damages for non-completion

2·9 ·1 If the Works are not completed by the Date for Completion as stated in the Contract Particulars or as later fixed under clause 2·8, the Employer may require the Contractor to pay or allow to the Employer liquidated damages at the rate stated in the Contract Particulars between such Date for Completion and the date of practical completion.

·2 Subject to clause 2·9·3, the Employer may deduct the liquidated damages from any sum due to the Contractor under this Contract (provided a notice of that deduction has been given under clause 4·5·4) or recover those damages from the Contractor as a debt.

·3 If the Employer intends to deduct any such damages from the sum stated as due in the final certificate or thereafter recover them as a debt, he shall additionally notify the Contractor of that intention not later than the date of issue of the final certificate.

Practical completion

2·10 The Architect/Contract Administrator shall certify the date when in his opinion the Works have reached practical completion and the Contractor has complied sufficiently with clauses 2·1·3 and 3·9 in respect of the supply of documents and information.

Defects

2·11 If any defects, shrinkages or other faults in the Works appear within the Rectification Period due to materials, goods or workmanship not in accordance with this Contract or any failure of the Contractor to comply with his obligations in respect of the CDP Works, the Architect/Contract Administrator shall not later than 14 days after the expiry of the Rectification Period notify the Contractor who shall make good such defects, shrinkages or other faults entirely at his own cost unless the Architect/Contract Administrator with the Employer's consent instructs otherwise. If he instructs otherwise, an appropriate deduction may be made from the Contract Sum.



Certificate of making good

2·12 When in his opinion the Contractor's obligations under clause 2·11 have been discharged, the Architect/Contract Administrator shall forthwith issue a certificate specifying the date they were discharged.



Section 3 Control of the Works

Assignment

3·1 Neither the Employer nor the Contractor shall, without the consent of the other, assign this Contract or any rights thereunder.

Person-in-charge

3·2 The Contractor shall ensure that at all reasonable times he has on the site a competent person in charge. Any instructions given to that person by the Architect/Contract Administrator shall be deemed to have been issued to the Contractor.

Sub-contracting

3·3 ·1

·2

The Contractor shall not without the Architect/Contract Administrator's consent sub-contract the whole or any part of the Works or of any design work for the Contractor’s Designed Portion. In no case shall any such consent or any sub-contracting in any way affect the Contractor’s obligations under any other provision of this Contract.

Where considered appropriate, the Contractor shall engage the sub-contractor using the JCT Minor Works Sub-Contract with sub-contractor’s design or the JCT Short Form of Sub-Contract.[30] It shall be a condition of any sub-contract that:

·1

·2

·3

the sub-contractor's employment under the sub-contract shall terminate immediately upon the termination (for any reason) of the Contractor's employment under this Contract;

each party to the sub-contract shall in relation to the Works and the site comply with applicable CDM Regulations;

if by a final date for payment under the sub-contract the Contractor fails to pay the sub-contractor any amount that should properly have been paid, the Contractor shall, in addition to that amount, pay simple interest on it at the Interest Rate for the period from the final date for payment until such payment is made, such payment of interest to be on and subject to terms equivalent to those of clause 4·6 of these Conditions.

Architect/Contract Administrator's instructions

3·4 ·1 The Architect/Contract Administrator may issue instructions and the Contractor shall forthwith comply with them. If instructions are given orally, they shall not have effect until the Architect/Contract Administrator confirms them in writing.

·2 The Architect/Contract Administrator shall not issue an instruction affecting the design of the CDP Works without the Contractor's consent.

Non-compliance with instructions

3·5 If the Contractor unreasonably delays or withholds his consent to an instruction referred to in clause 3·4·2 or fails to comply within 7 days after receipt of a notice from the Architect/Contract Administrator requiring compliance with any other instruction, the Employer may employ and pay other persons to execute work of any kind that may be necessary to give effect to that instruction. The Contractor shall be liable for all additional costs incurred by the Employer in connection with such employment and an appropriate deduction may be made from the Contract Sum.

Variations

3·6 ·1 The Architect/Contract Administrator may without invalidating this Contract issue instructions requiring an addition to, omission from, or other change in the Works or the order or manner in which they are to be carried out (a 'variation'), including instructions



[30] The Short Form of Sub-Contract is not appropriate where the sub-contract is to include sub-contractor's design.

effecting changes in the Employer’s Requirements that necessitate an alteration or modification of the design of the CDP Works.

·2 The Architect/Contract Administrator and the Contractor shall endeavour to agree a price prior to the Contractor carrying out the instruction.

·3 Failing agreement under clause 3·6·2, any instructions for a variation and any matters that are to be treated as a variation shall be valued by the Architect/Contract Administrator on a fair and reasonable basis using any relevant prices in the priced Contract Specification/Work Schedules/Schedule of Rates, and the valuation shall include any direct loss and/or expense incurred by the Contractor due to the regular progress of the Works being affected by compliance with the instruction.

Provisional Sums

3·7 The Architect/Contract Administrator shall issue instructions in regard to the expenditure of any Provisional Sums included in the Contract Documents; failing agreement on price, such instructions shall be valued on the basis set out in clause 3·6·3.

Exclusion from the Works

3·8 The Architect/Contract Administrator may (but shall not unreasonably or vexatiously) issue instructions requiring the exclusion from the site of any person employed thereon.

CDM Regulations

3·9 Each Party undertakes to the other that in relation to the Works and site he will duly comply with applicable CDM Regulations. In particular but without limitation:

·1

·2

·3

·4

the Employer shall ensure that the Principal Designer carries out his duties and, where the Contractor is not the Principal Contractor, shall ensure that the Principal Contractor carries out his duties under those regulations;

the Contractor in addition to any obligations under clause 2·1·2 shall comply with regulation 15 and, where he is the Principal Contractor, with regulations 12 to 14;[31]

whether or not the Contractor is the Principal Contractor, compliance by the Contractor with his duties under the regulations, including any such directions as are referred to in regulation 15(3), shall be at no cost to the Employer and shall not entitle the Contractor to an extension of time;

if the Employer appoints a replacement for the Principal Designer or Principal Contractor, the Employer shall immediately upon that appointment notify the Contractor with details of the new appointee.



[31] Where the Employer is a domestic client, as defined in regulation 2, the Principal Contractor may also be responsible for carrying out certain of the client's duties under regulations 4, 6 and 8.

Section 4 Payment

VAT

4·1 The Contract Sum is exclusive of VAT and in relation to any payment to the Contractor under this Contract, the Employer shall in addition pay the amount of any VAT properly chargeable in respect of it.

Construction Industry Scheme (CIS)

4·2 If the Employer is or at any time up to the payment of the final certificate becomes a ‘contractor’ for the purposes of the CIS[32], his obligation to make any payments under this Contract is subject to the provisions of the CIS.

Interim payments – dates and certificates

4·3 During the period up to the due date for the final payment fixed under clause 4·8·1, the due dates for interim payments to the Contractor shall in each case be the date 7 days after the relevant Interim Valuation Date. Not later than 5 days after each due date the Architect/Contract Administrator shall issue an interim certificate for the applicable percentage, as stated in the Contract Particulars, of what he considers to be the total value at the due date of:

·1 work properly executed, adjusted where relevant for any amounts ascertained or agreed under clause 3·6, 3·7 or 4·7; and

·2 materials and goods reasonably and properly brought on to the site for the purpose of the Works that are adequately protected against weather and other casualties

in both cases calculated as at the Interim Valuation Date and adjusted for any fluctuations provision that is stated by the Contract Particulars to apply, less the total of sums stated as due to the Contractor in previous interim certificates, any sums paid in respect of any payment notice given by the Contractor after the issue of the latest interim certificate and, if applicable, any

deduction under clause 2·11 or 3·5. The certificate shall state the sum due from the Employer and the basis on which that sum has been calculated, including the amount of each adjustment.

Subject to clause 4·5·3, the final date for payment of each interim payment shall be 14 days from its due date.

Contractor's applications and payment notices

4·4 ·1

·2

In relation to any interim payment the Contractor may not later than its Interim Valuation Date or, in the case of the final payment, may at any time prior to issue of the final certificate make an application to the Architect/Contract Administrator, stating the sum that the Contractor considers to be due to him at the relevant due date in accordance with clause 4·3 or 4·8 and the basis on which that sum has been calculated.

If a certificate is not issued in accordance with clause 4·3 or 4·8, then:

·1

·2

where the Contractor has made an application for that payment in accordance with clause 4·4·1, that application is for the purposes of these Conditions a payment notice; or

where the Contractor has not made such an application, he may at any time after the 5 day period referred to in clause 4·3 or 4·8·2 give a payment notice to the Architect/Contract Administrator, stating the sum that the Contractor considers to have become due to him under clauses 4·3 or 4·8 at the relevant due date and the basis on which that sum has been calculated.

Payments – amount and notices

4·5 ·1 Subject to any notice given by the paying Party under clause 4·5·4, the paying Party shall pay the sum stated as due in the relevant certificate on or before the final date for payment under clause 4·3 or 4·8.

·2 If that certificate is not issued in accordance with clause 4·3 or 4·8 but a Contractor’s



[32] See the Contract Particulars (Fifth Recital and clause 4·2).

payment notice has been or is then given, the Employer shall, subject to any notice subsequently given by him under clause 4·5·4, pay the Contractor the sum stated as due in the Contractor’s payment notice.

·3 Where the Contractor gives a payment notice under clause 4·4·2·2, the final date for payment of the sum specified in it shall for all purposes be regarded as postponed by the same number of days as the number of days after expiry of the 5 day period referred to in clause 4·4·2·2 that the Contractor’s payment notice is given.

·4 Where:

·1

·2

the Employer intends to pay less than the sum stated as due from him in a certificate or, where applicable, the Contractor’s payment notice; or

if the final certificate shows a balance due to the Employer, the Contractor intends to pay less than the sum stated as due,

·5

the Party by whom the payment is stated to be payable shall not later than 5 days before the final date for payment give the other Party notice of that intention (a ‘pay less notice’), stating the sum (if any) that he considers to be due to the other Party at the date the pay less notice is given and the basis on which that sum has been calculated. Where a pay less notice is given, the payment to be made on or before the final date for payment shall not be less than the amount stated in it as due.

A pay less notice to be given by the Employer under clause 4·5·4 may be given on his behalf by the Architect/Contract Administrator or by any other person who the Employer notifies the Contractor as being authorised to do so.

·6 In relation to the requirements for the issue of certificates and the giving of notices under section 4, it is immaterial that the amount then considered to be due may be zero.

Failure to pay amount due

4·6 ·1

·2

If either Party fails to pay a sum, or any part of it, due to the other Party under these Conditions by its final date for payment, he shall, in addition to any unpaid amount that should properly have been paid, pay the other Party simple interest on that amount at the Interest Rate for the period from the final date for payment until payment is made.

Any such unpaid amount and any interest under clause 4·6·1 shall be recoverable as a debt. Acceptance of a payment of interest shall not in any circumstances be construed as a waiver either of the recipient’s right to proper payment of the principal amount due or of the Contractor’s rights to suspend performance under clause 4·7 or terminate his employment under section 6.

Contractor's right of suspension

4·7 ·1 If the Employer fails to pay a sum payable to the Contractor in accordance with clause 4·5 (together with any VAT properly chargeable in respect of that payment) by the final date for payment and the failure continues for 7 days after the Contractor has given notice to the Employer, with a copy to the Architect/Contract Administrator, of his intention to suspend performance of his obligations under this Contract and the grounds for such suspension, the Contractor, without affecting his other rights and remedies, may suspend performance of any or all of those obligations until payment is made in full.

·2 Where the Contractor exercises his right of suspension under clause 4·7·1, he shall be entitled to a reasonable amount in respect of costs and expenses reasonably incurred by him as a result of exercising the right.

·3 Applications in respect of any such costs and expenses shall be made to the Architect/Contract Administrator and the Contractor shall with his application or on request submit such details of them as are reasonably necessary for ascertaining the amount in question. When ascertained or agreed, the amount shall be included in the next interim certificate.

Final certificate and final payment

4·8 ·1 Following practical completion the Contractor shall within the period stated in the Contract Particulars supply to the Architect/Contract Administrator all documentation reasonably required for computation of the final payment. The due date for the final payment shall be 28 days after either the date of receipt of the documentation or, if later, the date specified in



the certificate under clause 2·12.

·2 Not later than 5 days after that due date the Architect/Contract Administrator shall issue a final certificate which shall state:

·1 the Contract Sum, as adjusted for the amounts referred to in clause 4·3·1, any fluctuations provision that applies and any deductions made under clause 2·11 or 3·5;

·2 the sum of amounts stated as due in interim certificates plus any amount paid in respect of any Contractor’s payment notice in accordance with clause 4·5 that is not reflected in a subsequent certificate,

·3

and (without affecting the rights of the Contractor in respect of any interim payment not paid in full by the Employer by its final date for payment) the final payment shall be the difference (if any) between the two sums, which shall be shown in the certificate as a balance due to the Contractor from the Employer or vice versa. The certificate shall state the basis on which that amount has been calculated, including the amount of each adjustment.

Subject to clause 4·5·3, the final date for payment of the final payment shall be 14 days from its due date.

Fixed price and fluctuations provisions

4·9 Subject to clauses 3·6, 3·7 and 4·7 and any fluctuations provision that is stated by the Contract Particulars (for clauses 4·3 and 4·8) to apply, no account shall be taken in any payment to the Contractor under this Contract of any change in the cost to the Contractor of the labour, materials, plant and other resources employed in carrying out the Works.



Section 5 Injury, Damage and Insurance

Contractor's liability – personal injury or death

5·1 The Contractor shall be liable for, and shall indemnify the Employer against, any expense, liability, loss, claim or proceedings whatsoever in respect of personal injury to or death of any person arising out of or in the course of or caused by the carrying out of the Works, except to the extent that the same is due to any act or neglect of the Employer, any Employer's Person or any Statutory Undertaker.

Contractor's liability – loss, injury or damage to property

5·2 Subject to clauses 5·2·1 to 5·2·3, the Contractor shall be liable for, and shall indemnify the Employer against, any expense, liability, loss, claim or proceedings in respect of any loss, injury or damage whatsoever to any property real or personal (other than loss, injury or damage to the Works and/or Site Materials) in so far as such loss, injury or damage arises out of or in the course of or by reason of the carrying out of the Works and to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Contractor or any Contractor's Person. In respect of existing structures and their contents:

·1

·2

·3

where clause 5·4B applies, the Contractor’s liability and indemnity under this clause 5·2 also excludes any loss or damage to those existing structures or to any of their contents that are required to be insured under clause 5·4B·1 that is caused by any of the risks or perils required or agreed to be insured against under clause 5·4B;

the exclusion in clause 5·2·1 shall apply notwithstanding that the loss or damage is or may be due in whole or in part to the negligence, breach of statutory duty, omission or default of the Contractor or any Contractor’s Person;

where clause 5·4C applies, the Contractor’s liability and indemnity under this clause 5·2 shall, in respect of loss, injury or damage to those existing structures and their contents due to the causes specified in clause 5·2, be subject to any limitations and exclusions specified in the insurance arrangements under clause 5·4C identified in the Contract Particulars.

5·3

Contractor's insurance of his liability

Without limiting or affecting his indemnities to the Employer under clauses 5·1 and 5·2, the Contractor shall effect and maintain (and shall cause any sub-contractor similarly to effect and maintain) insurance in respect of claims arising out of the liabilities referred to in those clauses which:

·1 in respect of claims for personal injury to or the death of any employee of the Contractor arising out of and in the course of such person's employment, shall comply with all relevant legislation; and

·2 for all other claims to which clause 5·3 applies[33], shall indemnify the Employer in like manner to the Contractor, but only to the extent that the Contractor may be liable to indemnify the Employer under the terms of this Contract and shall for any one occurrence or series of occurrences arising out of one event be in a sum not less than that stated in the Contract Particulars for clause 5·3.

5·4A

Joint Names Insurance of the Works by Contractor[34][35]

If the Contract Particulars state that clause 5·4A applies, the Contractor shall effect and maintain with insurers approved by the Employer a Joint Names Policy for All Risks Insurance for the full reinstatement value of the Works (plus the percentage, if any, stated in the Contract Particulars to cover professional fees) and shall maintain such Joint Names Policy up to and including the date of issue of the practical completion certificate or, if earlier, the date of termination of the



[33] It should be noted that the cover granted under Public Liability policies taken out pursuant to clause 5·3 may not be fully co-extensive with the indemnity given to the Employer in clauses 5·1 and 5·2: for example, each claim may be subject to an excess and cover may not be available in respect of loss or damage due to gradual pollution.

[34] Where the Contractor has in force an All Risks Policy which insures the Works, this Policy may be used to provide the insurance required by clause 5·4A provided the Policy recognises the Employer as a composite insured in respect of the Works.

[35] As to choice of applicable insurance provisions, see the Guidance Notes.

Contractor's employment.

5·4B

Joint Names Insurance of the Works and existing structures by Employer

If the Contract Particulars state that clause 5·4B applies, the Employer shall effect and maintain:

·1

·2

a Joint Names Policy in respect of the existing structures together with the contents of them owned by him or for which he is responsible, for the full cost of reinstatement, repair or replacement of loss or damage due to any of the Specified Perils;

a Joint Names Policy for All Risks Insurance for the full reinstatement value of the Works (plus the percentage, if any, stated in the Contract Particulars to cover professional fees)

5·4C

5·5

and shall maintain such Joint Names Policies up to and including the date of issue of the practical completion certificate or, if earlier, the date of termination of the Contractor’s employment.

Insurance of the Works and existing structures by other means[35]

If the Contract Particulars state that clause 5·4C applies, the insurance arrangements identified by those particulars shall apply and each Party shall effect and maintain the policy or policies for which he is stated to be responsible or shall ensure that such policy or policies are effected and maintained, in each case in and on the specified terms.

Evidence of insurance

Where a Party is required by this Contract to effect and maintain an insurance policy or cover under any of clauses 5·3, 5·4A, 5·4B and 5·4C, or is responsible for ensuring that it is effected and maintained, that Party shall within 7 days of a request of the other Party supply such documentary evidence as the other Party may reasonably require that the policy or cover has been effected and remains in force.

Loss or damage – insurance claims and reinstatement

5·6 ·1

·2

·3

·4

·5

If during the carrying out of the Works any loss or damage affecting any executed work or Site Materials is occasioned by any of the risks covered by the Works Insurance Policy or an Excepted Risk or there is any loss of or damage of any kind to any existing structure or its contents, the Contractor shall forthwith notify the Architect/Contract Administrator and the Employer.

Subject to clauses 5·6·5·1 and 5·6·6, the occurrence of such loss or damage to executed work or Site Materials shall be disregarded in calculating any amounts payable to the Contractor under this Contract.

The Contractor, for himself and his sub-contractors, shall authorise the insurers to pay to the Employer all monies from the Works Insurance Policy, and from any policies covering existing structures or their contents that are effected by the Employer.

Where loss or damage affecting executed work or Site Materials is occasioned by any risk covered by the Works Insurance Policy, the Contractor, after any inspection required by the insurers under that policy, shall and with due diligence restore the damaged work, replace or repair any lost or damaged Site Materials, remove and dispose of any debris (collectively ‘reinstatement work’) and proceed with the carrying out and completion of the Works.

Where clause 5·4A applies or where clause 5·4C applies and the Contractor is responsible for effecting the Works Insurance Policy:

·1 the Employer shall pay all monies from such insurance to the Contractor by instalments under separate reinstatement work certificates issued by the Architect/Contract Administrator at the same dates as those for interim certificates



[35] As to choice of applicable insurance provisions, see the Guidance Notes.

·2

·3

under clause 4·3 but without deduction of Retention and less only the amounts referred to in clause 5·6·5·2;

the Employer may retain from those monies any amounts properly incurred by the Employer and notified by him to insurers in respect of professional fees up to the aggregate amount of the percentage cover for those fees or (if less) the amount paid by insurers in respect of those fees;

in respect of reinstatement work, the Contractor shall not be entitled to any payment other than amounts received under the Works Insurance Policy.

·6 Where clause 5·4B applies, where clause 5·4C applies and the Employer is responsible for effecting the Works Insurance Policy or where loss or damage is caused by an Excepted Risk, reinstatement work shall be treated as a variation under clause 3·6.

5·7

Loss or damage to existing structures – right of termination

If there is material loss of or damage to any existing structure, the Employer shall be under no obligation to reinstate that structure, but either Party may, if it is just and equitable, terminate the Contractor’s employment under this Contract by notice given to the other within 28 days of the occurrence of that loss or damage. If such notice is given, then:

·1

·2

unless within 7 days of receiving the notice (or such longer period as may be agreed) the Party to whom it is given invokes a dispute resolution procedure of this Contract to determine whether the termination is just and equitable, it shall be deemed to be so;

upon the giving of that notice or, where a dispute resolution procedure is invoked within that period, upon any final upholding of the notice, the provisions of clause 6·11 (except clause 6·11·2·3) shall apply.



Section 6 Termination

Meaning of insolvency

6·1 For the purposes of these Conditions a person becomes insolvent on:

·1

·2

the making of an administration, bankruptcy or winding-up order against him, appointment of an administrative receiver, receiver or manager of his property, his passing of a resolution for voluntary winding-up without declaration of solvency or any other event referred to in section 113, sub-sections (2) to (5), of the Housing Grants, Construction and Regeneration Act 1996;

otherwise entering administration within the meaning of Schedule B1 to the Insolvency Act 1986;

·3 entering into an arrangement, compromise or composition in satisfaction of his debts (excluding a scheme of arrangement as a solvent company for the purposes of amalgamation or reconstruction); or

·4 (in the case of a partnership) each partner being the subject of an individual arrangement or any other event or proceedings referred to in this clause 6·1.

Notices under section 6

6·2 ·1 Notice of termination of the Contractor's employment shall not be given unreasonably or vexatiously.

·2 Such termination shall take effect on receipt of the relevant notice.

·3 Each notice referred to in this section shall be delivered by hand or sent by Recorded Signed for or Special Delivery post. Where sent by post in that manner, it shall, subject to proof to the contrary, be deemed to have been received on the second Business Day after the date of posting.

Other rights, reinstatement

6·3 ·1 The provisions of clauses 6·4 to 6·7 are without prejudice to any other rights and remedies of the Employer. The provisions of clauses 6·8 and 6·9 and (in the case of termination under either of those clauses) the provisions of clause 6·11, are without prejudice to any other rights and remedies of the Contractor.

·2 Irrespective of the grounds of termination, the Contractor's employment may at any time be reinstated if and on such terms as the Parties agree.

Default by Contractor

6·4 ·1 If, before practical completion of the Works, the Contractor:

·1 without reasonable cause wholly or substantially suspends the carrying out of the Works or the design of the Contractor's Designed Portion; or

·2 fails to proceed regularly and diligently with the Works or the design of the Contractor's Designed Portion; or

·3 fails to comply with clause 3·9,

the Architect/Contract Administrator may give to the Contractor a notice specifying the default or defaults (a ‘specified’ default or defaults).

·2 If the Contractor continues a specified default for 7 days from receipt of the notice under clause 6·4·1, the Employer may on, or within 10 days from, the expiry of that 7 day period by a further notice to the Contractor terminate the Contractor's employment under this Contract.

Insolvency of Contractor

6·5 ·1 If the Contractor is insolvent, the Employer may at any time by notice to the Contractor terminate the Contractor's employment under this Contract.

·2 As from the date the Contractor becomes insolvent, whether or not the Employer has given



such notice of termination:

·1 clauses 6·7·2 to 6·7·4 shall apply as if such notice had been given;

·2 the Contractor's obligations under Article 1 and these Conditions to carry out and complete the Works shall be suspended; and

·3 the Employer may take reasonable measures to ensure that the site, the Works and Site Materials are adequately protected and that such Site Materials are retained on site; the Contractor shall allow and shall not hinder or delay the taking of those measures.

Corruption and regulation 73(1)(b) of the PC Regulations

6·6 The Employer shall be entitled by notice to the Contractor to terminate the Contractor's employment, under this or any other contract with the Employer if, in relation to this or any other such contract, the Contractor or any person employed by him or acting on his behalf shall have committed an offence under the Bribery Act 2010, or, where the Employer is a Local or Public Authority, shall have given any fee or reward the receipt of which is an offence under sub-section (2) of section 117 of the Local Government Act 1972, or, where this Contract is one to which regulation 73(1) of the PC Regulations applies, the circumstances set out in regulation 73(1)(b) of the PC Regulations apply.

Consequences of termination under clauses 6·4 to 6·6

6·7 If the Contractor's employment is terminated under clause 6·4, 6·5 or 6·6:

·1 the Employer may employ and pay other persons to carry out and complete the Works, and he and they may enter upon and take possession of the site and the Works and (subject to obtaining any necessary third party consents) may use all temporary buildings, plant, tools, equipment and Site Materials for those purposes;

·2 no further sum shall become due to the Contractor under this Contract other than any amount that may become due to him under clause 6·7·4 and the Employer need not pay any sum that has already become due either:

·1 insofar as the Employer has given or gives a notice under clause 4·5·4; or

·2 if the Contractor, after the last date upon which such notice could have been given by the Employer in respect of that sum, has become insolvent within the meaning of clauses 6·1·1 to 6·1·3;

·3 following the completion of the Works and the making good of defects in them (or of instructions otherwise, as referred to in clause 2·11), an account of the following shall within 3 months thereafter be set out in a certificate issued by the Architect/Contract Administrator or a statement prepared by the Employer:

·1 the amount of expenses properly incurred by the Employer, including those incurred pursuant to clause 6·7·1 and, where applicable, clause 6·5·2·3, and of any direct loss and/or damage caused to the Employer and for which the Contractor is liable, whether arising as a result of the termination or otherwise;

·2 the amount of payments made to the Contractor; and

·3 the total amount which would have been payable for the Works in accordance with this Contract;

·4 if the sum of the amounts stated under clauses 6·7·3·1 and 6·7·3·2 exceeds the amount stated under clause 6·7·3·3, the difference shall be a debt payable by the Contractor to the Employer or, if that sum is less, by the Employer to the Contractor.

Default by Employer

6·8 ·1 If the Employer:

·1 does not pay by the final date for payment the amount due to the Contractor in accordance with clause 4·5 and/or any VAT properly chargeable on that amount; or

·2 interferes with or obstructs the issue of any certificate due under this Contract; or

·3 fails to comply with clause 3·9,

the Contractor may give to the Employer a notice specifying the default or defaults (a ‘specified’ default or defaults).

·2 If before practical completion of the Works the carrying out of the whole or substantially the



whole of the uncompleted Works is suspended for a continuous period of one month or more by reason of:

·1 Architect/Contract Administrator's instructions under clause 3·6; and/or

·2 any impediment, prevention or default, whether by act or omission, by the Employer, the Architect/Contract Administrator or any Employer's Person

(but in either case excluding such instructions as are referred to in clause 6·10·1·2), then, unless in either case that is caused by the negligence or default of the Contractor or any Contractor's Person, the Contractor may give to the Employer a notice specifying the event or events (a ‘specified’ suspension event or events).

·3 If a specified default or a specified suspension event continues for 7 days from the receipt of notice under clause 6·8·1 or 6·8·2, the Contractor may on, or within 10 days from, the expiry of that 7 day period by a further notice to the Employer terminate the Contractor's employment under this Contract.

Insolvency of Employer

6·9 ·1 If the Employer is insolvent, the Contractor may by notice to the Employer terminate the Contractor's employment under this Contract;

·2 as from the date the Employer becomes insolvent, the Contractor's obligations under Article 1 and these Conditions to carry out and complete the Works shall be suspended.

Termination by either Party and regulations 73(1)(a) and 73(1)(c) of the PC Regulations

6·10 ·1 If, before practical completion of the Works, the carrying out of the whole or substantially the whole of the uncompleted Works is suspended for the relevant continuous period of one month or more by reason of one or more of the following events:

·1 force majeure;

·2 Architect/Contract Administrator's instructions under clause 3·6 issued as a result of the negligence or default of any Statutory Undertaker;

·3 loss or damage to the Works occasioned by any risk covered by the Works Insurance Policy or by an Excepted Risk;

·4 civil commotion or the use or threat of terrorism and/or the activities of the relevant authorities in dealing with such event or threat; or

·5 the exercise by the United Kingdom Government or any Local or Public Authority of any statutory power that is not occasioned by a default of the Contractor or any Contractor’s Person but which directly affects the execution of the Works,

then either Party, subject to clause 6·10·2, may upon the expiry of that relevant period of suspension give notice to the other that, unless the suspension ceases within 7 days after the date of receipt of that notice, he may terminate the Contractor's employment under this Contract. Failing such cessation within that 7 day period, he may then by further notice terminate that employment.

·2

·3

The Contractor shall not be entitled to give notice under clause 6·10·1 in respect of the matter referred to in clause 6·10·1·3 where the loss or damage to the Works was caused by the negligence or default of the Contractor or any Contractor's Person.

Where this Contract is one to which regulation 73(1) of the PC Regulations applies the Employer shall be entitled by notice to the Contractor to terminate the Contractor’s employment under this Contract where the grounds set out in regulation 73(1)(a) or 73(1)(c) of the PC Regulations apply.

Consequences of termination under clauses 6·8 to 6·10

6·11 If the Contractor's employment is terminated under any of clauses 6·8 to 6·10 or under clause 5·7:

·1 no further sums shall become due to the Contractor otherwise than in accordance with this clause 6·11;

·2 the Contractor shall as soon as reasonably practicable prepare an account. The account shall set out the amounts referred to in clauses 6·11·2·1 and 6·11·2·2 and, if applicable, clause 6·11·2·3, namely:

·1 the total value of work properly executed at the date of termination of the



Contractor's employment, ascertained in accordance with these Conditions as if the employment had not been terminated, together with any other amounts due to the Contractor under these Conditions;

·2 the cost of materials or goods (including Site Materials) properly ordered for the Works for which the Contractor then has paid or is legally bound to pay;

·3 any direct loss and/or damage caused to the Contractor by the termination;

·3 the account shall include the amount, if any, referred to in clause 6·11·2·3 only where the Contractor's employment is terminated either:

·1 under clause 6·8 or 6·9; or

·2 under clause 6·10·1·3, if the loss or damage to the Works was caused by the negligence or default of the Employer or any Employer's Person;

·4 after taking into account amounts previously paid to the Contractor under this Contract, the Employer shall pay to the Contractor the amount properly due in respect of the account within 28 days of its submission by the Contractor to the Employer, without deduction of any retention. Payment by the Employer for any such materials and goods as are referred to in clause 6·11·2·2 shall be subject to those materials and goods thereupon becoming the property of the Employer.



Section 7 Settlement of Disputes

Mediation

7·1 Subject to Article 6, if a dispute or difference arises under this Contract which cannot be resolved by direct negotiations, each Party shall give serious consideration to any request by the other to refer the matter to mediation.

Adjudication

7·2 If a dispute or difference arises under this Contract which either Party wishes to refer to adjudication, the Scheme shall apply except that for the purposes of the Scheme the Adjudicator shall be the person (if any) and the nominating body shall be that stated in the Contract Particulars.

Arbitration

7·3 Not applicable.[36]



[36] Arbitration or legal proceedings are not an appeal against the decision of the Adjudicator but are a consideration of the dispute or difference as if no decision had been made by an Adjudicator.

Schedules

Schedule 1 Arbitration

(Clause 7·3)

Not applicable.



Schedule 2 Fluctuations – Contribution, levy and tax changes

(Clauses 4·3 and 4·8)

Not applicable.



Schedule 3 Supplemental Provisions

(Eighth Recital)

1

Supplemental Provisions 1 to 6 apply unless otherwise stated in the Contract Particulars. Supplemental Provision 7 applies where the Employer is a Local or Public Authority or other body of the type mentioned in that provision; Supplemental Provision 8 applies where the Employer is a Local or Public Authority and this Contract is subject to the PC Regulations.

Collaborative working

The Parties shall work with each other and with other project team members in a co-operative and collaborative manner, in good faith and in a spirit of trust and respect. To that end, each shall support collaborative behaviour and address behaviour which is not collaborative.

Health and safety

2 ·1

·2

Without limiting either Party's statutory and/or regulatory duties and responsibilities and/or the specific health and safety requirements of this Contract, the Parties will endeavour to establish and maintain a culture and working environment in which health and safety is of paramount concern to everybody involved with the project.

In addition to the specific health and safety requirements of this Contract, the Contractor undertakes to:

·1

·2

·3

·4

comply with any and all approved codes of practice produced or promulgated by the Health and Safety Executive;

ensure that all personnel engaged by the Contractor and members of the Contractor’s supply chain on site receive appropriate site-specific health and safety induction training and regular refresher training;

ensure that all such personnel have access at all times to competent health and safety advice in accordance with regulation 7 of the Management of Health and Safety at Work Regulations 1999; and

ensure that there is full and proper health and safety consultation with all such personnel in accordance with the Health and Safety (Consultation with Employees) Regulations 1996.

Cost savings and value improvements

3 ·1

·2

·3

·4

The Contractor is encouraged to propose changes to designs and specifications for the Works and/or to the programme for their execution that may benefit the Employer, whether in the form of a reduction in the cost of the Works or their associated life cycle costs, through practical completion at a date earlier than the date for completion or otherwise.

The Contractor shall provide details of his proposed changes, identifying them as suggested under this Supplemental Provision 3, together with his assessment of the benefit he believes the Employer may obtain, expressed in financial terms, and a quotation.

Where the Employer wishes to implement a change proposed by the Contractor, the Parties shall negotiate with a view to agreeing its value, the financial benefit and any adjustment to the date for completion. Upon agreement, the change and the amount of any adjustment of the Contract Sum shall be confirmed in an Architect/Contract Administrator’s instruction, together with the share of the financial benefit to be paid to the Contractor and any adjustment to the date for completion.

Original proposals by the Contractor under this Supplemental Provision 3 may only be instructed in accordance with it, provided always that nothing shall prevent the Employer from utilising other contractors to implement such changes after practical completion of the Works.

Sustainable development and environmental considerations

4 ·1

·2

The Contractor is encouraged to suggest economically viable amendments to the Works which, if instructed as a variation under clause 3·6·1, may result in an improvement in environmental performance in the carrying out of the Works or of the completed Works.

The Contractor shall provide to the Employer all information that he reasonably requests regarding the environmental impact of the supply and use of materials and goods which the



Contractor selects.

Performance Indicators and monitoring

5 ·1

·2

·3

The Employer shall monitor and assess the Contractor’s performance by reference to any performance indicators stated or identified in the Contract Documents.

The Contractor shall provide to the Employer all information that he may reasonably require to monitor and assess the Contractor’s performance against the targets for those performance indicators.

Where the Employer considers that a target for any of those performance indicators may not be met, he may inform the Contractor who shall submit his proposals for improving his performance against that target to the Employer.

6

Notification and negotiation of disputes

With a view to avoidance or early resolution of disputes or differences (subject to Article 6), each Party shall promptly notify the other of any matter that appears likely to give rise to a dispute or difference. The senior executives nominated in the Contract Particulars (or if either is not available, a colleague of similar standing) shall meet as soon as practicable for direct, good faith negotiations to resolve the matter.

7

Transparency

Where the Employer is a Local or Public Authority or other body to whom the provisions of the Freedom of Information Act 2000 (‘FOIA’) apply, the Parties acknowledge that, except for any information which is exempt from disclosure in accordance with the provisions of FOIA, the content of this Contract is not confidential. The Employer shall be responsible for determining in his absolute discretion whether any of the content of this Contract is exempt from disclosure in accordance with the provisions of FOIA. Notwithstanding any other term of this Contract:

·1

·2

the Contractor hereby consents to the Employer publishing any amendments to the standard form JCT contract in their entirety, including changes to the standard form agreed from time to time, but in each case with any information which is exempt from disclosure in accordance with the provisions of FOIA redacted;

the Employer shall promptly inform the Contractor of any request for disclosure that he receives in relation to this Contract.

8

The Public Contracts Regulations 2015

Where the Employer is a Local or Public Authority and this Contract is subject to the PC Regulations[37]:

·1

·2

where regulation 113 of the PC Regulations applies to this Contract, the Contractor shall include in any sub-contract entered into by him suitable provisions to impose the requirements of regulation 113(2)(c)(i) and (ii);

the Contractor shall include in any sub-contract entered into by him provisions requiring the sub-contractor:

·3

·1

·2

·1

to supply and notify to the Contractor the information required (as applicable) under regulations 71(3), 71(4) and 71(5) of the PC Regulations; and

to include in any sub-subcontract he in turn enters into provisions to the same effect as required under paragraph 8·2·1 of Supplemental Provision 8;

the Contractor shall include in any sub-contract entered into by him provisions that shall entitle him to terminate the sub-contractor’s employment where there are grounds for excluding the sub-contractor under regulation 57;



[37] For an explanatory summary of those provisions in the PC Regulations that are reflected in this Contract, see the Guidance Notes. Provisions relating to the PC Regulations are also set out in section 6 (Termination) of this Contract. The JCT Minor Works Sub-Contract with sub-contractor's design (MWSub/D) and the JCT Short Form of Sub-Contract (ShortSub) meet the requirements of Supplemental Provision 8.

·2 in the event the Employer requires the Contractor to terminate a sub-contractor’s employment pursuant to regulation 71(9) the Contractor shall take the appropriate steps to terminate that employment and where required by the Employer under regulation 71(9) shall, or in circumstances where there is no such requirement may, appoint a replacement sub-contractor.



Guidance Notes

Use of Minor Works Building Contract with contractor's design

1 The Contract should only be used where the employer has engaged an architect or other professionally qualified person to advise on and administer its terms.

2 The criteria for determining the suitability of the Contract are set out on the inside of the front cover.

3 For Works which do not fulfil these criteria, reference should be made to www.jctltd.co.uk for guidance as to the appropriate contract.

4 The Contract makes provision for a Contractor's Designed Portion which may comprise of one or more discrete parts. However, the Contract is not drafted as a design and build contract and should not be used where that form of contractual arrangement is required.

5 The Contract is predicated upon a lump sum offer being obtained, based on drawings and/or a specification and/or work schedules, but without detailed measurements. Those documents should therefore be in a form sufficient to enable the Contractor accurately to identify the work to be done without the need for the Employer to provide bills of quantities. In those cases where there is a relevant BIM protocol, it is assumed that it will be included in the Employer's Requirements.

6 The Contract is not suitable for use where the Works are of a complex nature.

7

8

The payment provisions in the Contract comply with the requirements of the Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009 (‘the Construction Act’). In addition to the statutory requirements regarding payment procedures, the Construction Act provides a statutory right for either Party to refer disputes or differences to adjudication.

However, not all building contracts are subject to the Construction Act; for example, a contract with a residential occupier within the meaning of section 106 of the Act is excluded and therefore it does not need to contain adjudication provisions, but, unless amendments are made, a residential occupier in entering into a Minor Works Building Contract will be accepting adjudication as a means of resolving disputes.

9 For some projects where it is intended to use the Contract, the Employer may wish to control the selection of sub-contractors for specialist work. This may be done by naming a person or company in the tender documents or in instructions on the expenditure of a Provisional Sum. There are, however, no provisions in the Contract to deal with the consequences of such naming and control of specialist work may be better achieved by the Employer entering into a direct contract with his chosen specialist.

Outline of the Contract

Architect/Contract Administrator

10 This is the professional whom the Employer has appointed to advise on and administer the Contract. If the appointee is not an architect, he is taken to be referred to in the Contract as the 'Contract Administrator', but, irrespective of the Architect/Contract Administrator’s profession, their duties under the Contract are the same.

Role of the Architect/Contract Administrator

11 The Architect/Contract Administrator is paid by the Employer, advises the Employer on all matters in connection with the building work and administers the Contract on behalf of the Employer with a view to securing completion of the work in an efficient and economical manner. However, in relation to decisions in that administrative role that require professional skill and judgment, he should act fairly and independently as between the Employer and the Contractor, in particular when:

• issuing payment certificates;

• valuing any variations or any work instructed in respect of Provisional Sums (see “Terms used”) included in the Contract Documents;



• giving any extension to the time stated in the Contract Particulars for the completion of the building work;

• certifying the date of practical completion (see “Terms used”) and the date when in his opinion all defects which appear during the Rectification Period (see “Terms used”) have been made good.

Instructions

12 Under the Contract only the Architect/Contract Administrator can issue instructions to the Contractor; although the Employer is paying for the building work he is not entitled to give any instructions direct to the Contractor in connection with it. If the Employer wishes to make any change to the work or the manner in which it is being carried out, he must ask the Architect/Contract Administrator to give the necessary instructions to the Contractor. The Architect/Contract Administrator has wide powers to issue instructions but instructions affecting the design of the Contractor’s Designed Portion can only be issued with the consent of the Contractor. The Contractor must act reasonably and cannot delay or withhold his consent unless it is reasonable to do so.

Contractor's Designed Portion

13 The First Recital requires a brief description of the Works as a whole; the Second Recital provides for the identification of the part or parts of the Works that are to comprise the Contractor’s Designed Portion. The Third Recital refers to the Employer’s Requirements, the document supplied by the Employer to the Contractor that sets out the Employer’s requirements for the design of work by the Contractor. The Contractor is required to complete the design of the Contractor’s Designed Portion and to comply with any Architect/Contract Administrator’s directions with regard to its integration into the Works but the Contractor is not responsible for the contents of the Employer’s Requirements or for verifying the adequacy of any design included in them.

Price

14 This is the lump sum stated in the Contract, plus any VAT properly chargeable on the building work. The precise sum may be increased or decreased depending on any changes to the work or the order or period in which it is carried out, the value of work instructed by the Architect/Contract Administrator in respect of any Provisional Sums included in the Contract Documents and, where applicable, any increase or decrease in contributions, levies and taxes for which the Contractor is liable.

Time-scale for the work

15 If it becomes apparent that the work cannot be finished within the original time stated in the Contract Particulars the Contractor is required to notify the Architect/Contract Administrator straightaway. If the delay arises for reasons beyond the control of the Contractor, the Architect/Contract Administrator is then required to give such extension of time as is reasonable.

If the work is not finished by the Date for Completion (see "Terms used") after taking into account any extensions of time, the Employer can recover liquidated damages (see "Terms used") from the Contractor.

Payment

16 In the 2016 edition there are revisions to and simplification of the section 4 payment provisions including the establishment of Interim Valuation Dates that are also to apply at JCT sub-contract and sub-subcontract levels.

The revisions include modifications to the interim payment due date provisions of clause 4·3. Under the revised provisions of clause 4·3, during the period up to the due date for the final payment, the due dates for interim payments are in each case the date 7 days after the relevant Interim Valuation Date. There are new entries in the Contract Particulars (for clause 4·3) which require the first Interim Valuation Date and the intervals that will apply for subsequent Interim Valuation Dates to be specified. The first Interim Valuation Date should not be more than one month after the Works commencement date and the intervals between Interim Valuation Dates should not be more than one month. If these entries are not completed, the relevant default provisions set out in the Contract Particulars for clause 4·3 apply.

Interim payments are to be made against interim certificates issued by the Architect/Contract Administrator up to the date for issue of the final certificate when the final balance becomes due. The Construction Act requires interim and final certificates to be issued not later than 5 days after



their due date and clauses 4·3 and 4·8 comply with these requirements. The final date for payment of each certificate, together with any VAT chargeable to the Employer, is 14 days from the due date for payment.

Unless a percentage for payment other than 95 per cent is inserted in the Contract Particulars for clause 4·3, interim certificates for the period up to practical completion will reflect the Employer’s entitlement to retain 5 per cent. For the period between practical completion and the final certificate, the Contract envisages that the percentage retained will be halved.

The interim payment due date provisions referred to above are followed at clause 4·4 by a general provision governing Contractor’s payment applications (and, in default of a payment certificate, their role as a payment notice) which apply with respect to the final payment as well as to interim payments.

There is some consolidation of the provisions dealing with the notice requirements of the Construction Act. The provisions regarding payment and pay less notices, amounts to be paid and default interest are set out in clauses 4·5 and 4·6 and as the text of each indicates, these clauses apply with respect to the final payment as well as to interim payments.

Clause 4·8 still covers the final certificate and final payment, but some of its former content has been included in clause 4·5 (Payments – amount and notices) as part of the consolidation exercise referred to above.

If the Employer fails to pay an amount due to the Contractor by the final date for its payment, interest at a rate of 5% per annum over the official bank rate of the Bank of England is payable by the Employer for the period until payment is made.

If the Employer gives a pay less notice and pays the lesser amount specified in the pay less notice, the Contractor’s right under the Construction Act to suspend for non-payment does not arise. However, the JCT provision for interest is intended to preserve the Contractor’s right to interest on the additional amount that he should have been paid, insofar as there was no sustainable basis for a withholding by the Employer and regardless of any pay less notice that the latter has given.

Suspension

17 If the Employer does not give a pay less notice and does not pay the amount due to the Contractor by the final date for its payment, or, having given a pay less notice, then fails to pay the amount specified in it, the Contractor, after giving a 7 day notice, has the right to suspend performance of some or all of his obligations under the Contract until payment of the appropriate amount is made. The Contractor also has a statutory right to recover reasonable costs and expenses that he incurs as a result of that suspension.

Termination

18 Either Party may end the Contractor’s employment if the other Party is in breach of certain obligations (in the case of the Contractor those mentioned in clauses 6·4 and 6·6; in the case of the Employer those in clause 6·8) or becomes insolvent. There is also a right under clause 6.10 for either Party to terminate in the case of prolonged suspension resulting from certain neutral causes.

Dealing with disputes

19 Either Party may at any time refer any dispute to adjudication for a ‘fast track’ decision; the adjudicator’s decision is binding unless and until the dispute is decided by an arbitrator or the court. Residential occupiers wishing to use the Contract should also refer to paragraph 8 above. The Contract Particulars enable the Parties to nominate an individual adjudicator in advance, should they wish. However, an individual should not be named in the Contract without his prior agreement. It has also to be recognised that those of sufficient standing to merit nomination are generally busy people and that when a dispute arises they may not be available.

The Parties may also agree to mediate a dispute.

For final dispute resolution in cases where either or both Parties are dissatisfied with the results of adjudication or mediation (or neither Party wished to have the dispute adjudicated), the choice is between court litigation and arbitration. Since 2005 litigation has been the default option under JCT contracts. If arbitration is the agreed choice, it should be selected through the appropriate entry in the Contract Particulars.

The JCT 2016 edition of the Construction Industry Model Arbitration Rules (CIMAR), which



includes the JCT Supplementary and Advisory Procedures, will govern any arbitration that is commenced. It is recommended that anyone considering instituting arbitration proceedings should obtain a copy of the rules and, as with litigation, should take competent professional advice before taking steps to institute proceedings.

In making the choice between arbitration and litigation, in addition to the adjudication option, one should consider a range of other factors. Arbitration provides the ability to choose an arbitrator from any relevant profession, greater freedom of choice procedurally and confidentiality, whereas in litigation there is the wider power of the court. In the case of contracts where claims either way are likely to be small, it may be considered desirable to keep open the potentially cheaper route of using the County Court small claims track; any agreement to arbitrate, unless suitably qualified, would normally operate as a bar to using that route if the other Party did not agree.

Rights and remedies generally

20

21

Statutory and common law rights are not restricted by the terms of the Contract. The limitation period for a contract that is simply signed by the Parties is 6 years from the date of the breach or, where it is executed as a deed, 12 years. The limitation period should not be confused with the Rectification Period, which is provided to facilitate the remedying of the Contractor's defective work by allowing him to return to site to make good.

Supplemental Provisions

Schedule 3 includes six optional Supplemental Provisions which build upon the traditional JCT approach and reflect principles adopted by the Office of Government Commerce in the Achieving Excellence in Construction initiatives. They are for use where appropriate; the extent of such use may depend upon factors such as the scope of the project, the participants and the type of relationship that the Parties wish to have. The choice as to which provisions apply is made in the Contract Particulars. If no choice is made in relation to a provision, it will apply, since the provisions are generally intended to be disapplied only where there is a Framework Agreement or other contract documentation that covers the same ground.

Schedule 3 also contains new Supplemental Provisions 7 and 8. Supplemental Provision 7 contains provisions relevant to the Freedom of Information Act 2000 (‘FOIA’) and will only apply in the event that the Employer is a Local or Public Authority or other body to whom the FOIA applies. Supplemental Provision 8, and section 6 (Termination), contain provisions relevant to the Public Contracts Regulations 2015 (‘the PC Regulations’) which will only be applicable where the Employer is a Local or Public Authority and the Contract is subject to the PC Regulations. For some background information on the PC Regulations and a summary of those provisions in the PC Regulations that are reflected in Supplemental Provision 8 and section 6 (Termination), please go to www.jctltd.co.uk.

Terms used

22 As part of his duties to the Employer, the Architect/Contract Administrator should be prepared to explain the general meanings of the various terms used in the Contract. For example:

23

Base Date

The Base Date is stated in the Contract Particulars. The date often selected is 7 days or thereabouts before the date for submission of tenders so as to avoid any need for tenderers to deal with last minute changes. In the Minor Works Building Contract, however, Base Date plays a comparatively minor role, acting as the date of record for the Employer’s status under the CIS scheme and for determining what fluctuations are payable.

CDM Regulations

24

25

Regulations made under Act of Parliament to improve health and safety standards on construction sites. For guidance on the CDM Regulations 2015, please go to www.jctltd.co.uk.

Principal Designer and Principal Contractor

The respective persons named in the Agreement or subsequently appointed as such, as required by the CDM Regulations. With a view to minimising health and safety risks, the Regulations require the Employer to appoint a Principal Designer to control the pre-construction phase where there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on the project at any time. One of the contractors must also be appointed as Principal Contractor in those circumstances. (For these purposes the term ‘contractor’ includes



sub-contractors.)

26

Health and safety file

A manual which the Principal Designer prepares with assistance from the Principal Contractor, containing health and safety information necessary for anyone undertaking work on the site post-completion of the Works, which he passes on to the Principal Contractor if his appointment terminates before the end of the project and is to be delivered to the Employer on completion.

Date for Completion

27 The date by which the Contractor is required to finish the work, as stated in the Contract Particulars or subsequently extended by the Architect/Contract Administrator.

Date of practical completion

28 The date when, in the Architect/Contract Administrator’s opinion, the Contractor has to all practical intents and purposes completed the Works.

Rectification Period

29 Unless otherwise agreed, the Rectification Period is 3 months from the date of practical completion. The Contractor is required to put right any defects in the work which appear during the Rectification Period before he is entitled to be paid the final balance of the Contract price. The Architect/Contract Administrator is required to notify the Contractor of any such defects not later than 14 days after the expiry of the Rectification Period.

Insurance in Joint Names

30 The works and existing structures insurance provisions have in this 2016 edition been made more flexible through a widening of clause 5·4C and consequential amendments to the clause 5·2 provisions relating to Contractor’s liability for loss, injury or damage to property.

Clause 5·4A remains intended for use where there are no existing structures and the contractor is to arrange a Joint Names, All Risks policy, under which each Party is covered as a ‘composite insured’. This may take the form of a specific project policy or through equivalent coverage under the Contractor’s annual CAR policy.

Clause 5·4B is for use where there are existing structures and the Employer is able to cover the works on a Joint Names, All Risks basis and, in addition to his own cover for existing structures, is able to extend at least Specified Perils cover to the Contractor in respect of the existing structures.

However, existing structures cover for the Contractor is not always readily available to Employers at reasonable cost, in particular where the Employer is a domestic homeowner or where he is only a tenant and structures cover is effected by the freeholder or an intermediate lessor and clause 5·4C is designed for cases in these latter categories.

The freeholder Employer may cover the Works in Joint Names and continue with his own cover under his household or existing structures policy, with the Contractor covering his liability for any damage to existing structures under the Public Liability cover required under clause 5·3·2 or an appropriate extension of it. Alternatively, the Contractor’s insurers may be prepared to cover both the Works and those structures under the Works policy.

In the case of tenant Employers, it is necessary to involve the insuring landlord and in all cases, in particular those involving existing structures, it is essential that Employers and Architect/Contract Administrators, prior to the tender stage, take appropriate specialist insurance advice, consult the Employer’s household or existing structures insurers and, where relevant, the landlord. They should also then liaise with the prospective Contractor and his advisers at the earliest opportunity, specify any further cover required from him and check that that is in place before work commences on site.

In the case of the Works insurance, care should also be taken in determining the full reinstatement value (including any applicable VAT) and to ensure that the policy gives appropriate cover for items such as the additional costs of materials, working and removal of debris etc. that are likely to arise from loss or damage to the Works.

Liquidated damages



31 The rate per day/week/month stated in the Contract Particulars by the Employer, to compensate him for the Contractor's failure to finish the work on time. The prudent Employer will be alert to the legal principles and rules governing the enforceability of liquidated damages provisions and will approach calculation of the rate with these in mind. It is suggested the Employer records an explanation of the rate and why it represents (i) a genuine pre-estimate of the loss that he is likely to suffer or (ii) a reasonable and proportionate protection of his legitimate commercial interest(s) in timely completion, which he can use to respond to any challenge. It is for the Employer to decide whether to deduct any liquidated damages that he might be entitled to from any amount certified as due to the Contractor; such deduction is not taken into account by the Architect/Contract Administrator in the calculation of any certificate and the appropriate notice must be given by the Employer under clauses 2·9 and 4·5·4.

Provisional Sum

32 A sum included for work which the Employer may or may not decide to have carried out, or which cannot be accurately specified in the original contract documents. For instance, where the Employer is undecided whether all, some or none of the outside of the premises will need to be re-decorated, the pricing documents may say "Allow £X for complete external redecoration of the premises." If the Employer then decides any redecoration is necessary, the specification required is instructed by the Architect/Contract Administrator and the price to be paid is either agreed between the Architect/Contract Administrator and the Contractor or valued by the Architect/Contract Administrator.

33

Variation

A change to the work that the Architect/Contract Administrator instructs on behalf of the Employer. The variation may be an addition to or an omission from the work as originally specified or to the order or manner in which it is to be carried out.

MWD User Checklist

A checklist of the key information that will help you to complete the Agreement may be downloaded from the JCT website.

___________________________________________________________________________________________

Care has been taken in preparing these Guidance Notes but they should not be treated as a definitive legal interpretation or commentary. Users are reminded that the effect in law of the provisions of the Minor Works Building Contract with contractor's design 2016 Edition is, in the event of a dispute as to that effect, a matter for decision in adjudication, arbitration or litigation.



MWD 2016

Minor Works Building Contract

with contractor's design 2016

MINOR WORKS BUILDING CONTRACT

MWD 2016 1375911709 10/03/2021


Minor Works Building Contract with contractor's design (MWD)

Appropriate:

• where the work involved is simple in character;

• where the work is designed and the requirements for the contractor's design of discrete part(s) are detailed by or on behalf of the Employer, and where the Contractor is required to design those part(s) of the work (Contractor's Designed Portion);

• where the Employer is to provide drawings and/or a specification and/or work schedules to define adequately the quantity and quality of the work; and

• where an Architect/Contract Administrator is to administer the conditions.

Can be used:

• by both private and local authority employers.

Not suitable:

• as a design and build contract;

• where bills of quantities are required;

• where provisions are required to govern work carried out by named specialists;

• where detailed control procedures are needed.

This document has been produced electronically by Rapidocs software and is derived from the published printed version (June 2016). Its use is subject to the software licence agreement. Thomson Reuters and the Thomson Reuters Logo are trademarks of Thomson Reuters. Sweet & Maxwell ® is a registered trademark of Thomson Reuters (Professional) UK Limited.

For details of 2016 Edition changes, see the Guidance Notes and the Tracked Change Document.

www.jctltd.co.uk

MWD 2016 1375911709 10/03/2021


All parties must rely exclusively upon their own skill and judgment or upon those of their advisers when using this document and neither Thomson Reuters (Professional) UK Limited nor its associated companies assume any liability to any user or any third party in connection with such use.

MWD 2016 1375911709 10/03/2021



APPENDIX B

Form of Tender

Royal Sutton Coldfield Town Council Improvement Works to the Land surrounding Walmley War Memorial at Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NQ Section 1 Tender Executive Summary

Appendix B Form of Tender April 2021 – Issue 1 P a g e | B1.1

FORM OF TENDER

TO: Town Clerk and Chief Executive Officer


AFE Business Centre, 62 Anchorage Road, Sutton Coldfield, B74 2PG RETURN DATE : FRIDAY 21 MAY 2021 5:00 PM

Improvement Works to the Land surrounding Walmley War Memorial at Corner of Walmley Road

and Crawford Road, Sutton Coldfield, B76 1NQ

In respect of the Works - we having read the Tender Documents delivered to us and having examined the Drawings, Specifications, Schedule of Works and Contract Conditions referred to therein, do hereby offer to execute and complete the whole of the Works for the fixed price sum of:

Insert in words Lump Sum Tender OHP Incl Programme Lead In

£ % ___ weeks ___ weeks

We undertake to complete the works within the time(s) stated in the Tender Documents. In the event of your acceptance we undertake to execute with you a Form of Contract embodying all the conditions and terms contained in this offer. All periods of time stated are inclusive of public and building industry holidays.

We understand that the Employer does not bind himself to accept the lowest or any tender and that neither he, nor his professional advisors are responsible for paying the tendering costs incurred by the lowest or any other tenderer.

This tender remains open for consideration for a period of 13 weeks from the date fixed for the submission of tenders.



Tender Compliance

Having review the tender documents, we confirm by way the following statement that the Form of Tender together with the submission complies with the following statements :

We have visit site prior to the submission of the tender Yes / No

Contractor accepts full responsibility for all quantities used in the

preparation of the tender Yes / No

Unpriced items within the schedule of works will be deemed as included

elsewhere in the tender sum Yes / No

The tender sum is fully inclusive of all provisional sums and contingencies

included by the client Yes / No

The tender sum is fully exclusive of VAT Yes / No

If instructed to do so we have included for all tender addendums issued

during the tender period Yes / No

If applicable - a full list of clarifications or exclusions have been provided

separately on the form of tender. Exclusion contained in the pricing

document will not be permitted

Yes / No

No amendments have been made to the Pricing Document Yes / No

Where specifications have been provided, no substitutions have been

made Yes / No

Confirmation that an outline Programme has been submitted in line with

the dates provided in Appendix D Yes / No

There are no specific issues with the procurement and ordering materials

to comply with the project programme Yes / No

Contractor has All Risk Insurance to the value of £1,000,000 minimum Yes / No

Contractor has PII Insurance to the value of £250,000 minimum Yes / No

Contractor has Public Liability Insurance to the value of £1,000,000

minimum Yes / No

We accept and intend to offer a form of surety either using a Parent

Company Guarantee (PCG) or Performance Bond (PB)

PCG / PB /

None

We will comply fully with CDM Regulation 2015 and fulfil the role of

Principal Contractor Yes / No

We confirm and accept that the LAD damages included are a

predetermined LAD level for each section. Yes / No



Tender Clarifications

We confirm to our knowledge that the tender submitted is fully compliant without exclusion unless expressly stated bellow. We accept that any comments or exclusion written into the schedule of works will not be valid unless specifically stated below :

Tender Exclusion and Clarifications FC Action



Certificate of Bona Fide Tender

The essence of selective tendering is that the Employer shall receive bona fide competitive tenders from all firms tendering. In recognition of this principle, we certify that this is a bona fide Tender, intended to be competitive, and that we have not fixed or adjusted the amount of the Tender by or under or in accordance with any agreement or arrangement with any other person. We also certify that we have not done and undertake that we will not do, at any time before the returnable date for this Tender, any of the following acts:

(a) Communicating to a person other than the person calling for these Tenders, the amount or approximate amount of the Tender hereby submitted, except where the disclosure, in confidence, of the approximate amount of the Tender was necessary to obtain insurance premium quotations required for the preparation of the Tender;

(b) Entering into any agreement or arrangement with any other person, that he/she shall refrain from tendering or as to the amount of any Tender to be submitted;

(c) Offering or paying or giving or agreeing to pay or give any sum of money or consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other Tender or proposed Tender for the said Works, any act or thing of the sort described above.

In this Certificate the word “person” includes any persons and anybody or association corporate or incorporate; and “any agreement” includes any such transaction, formal or informal, whether legally binding or not.

We understand that tenders will be scrutinised for suspicious bidding patterns and if the Employer or any of his consultants suspect collusion, cover pricing or similar anti-competition activity, this may be reported to the Office of Fair Trading.

Company

Company Nr

Trading Address

Printed

Signature

Position

Date

This Certificate must be signed by a Director of the Contractor and completed by the Tenderer and returned with the Tender.


APPENDIX C

Design Information and Drawings

User

external walls

coping 48.03 m

User

Line

User

Text Box

Works boundary

User

Text Box

Paving A

User

Text Box

Paving A

User

Text Box

Paving B

User

Text Box

Paving C

Indicative 'poppy box'

Copyright Pegasus Planning Group Ltd. Crown copyright, All rights reserved. 2015 Emapsite Licence number 0100031673. Ordnance Survey Copyright Licence number 100042093. Promap Licence number 100020449 . Pegasus accepts no liability for any use of this document other than for its original purpose, or by the original client, or following Pegasus' express agreement to such use. T 01285641717 www.pegasuspg.co.uk

PLANNING | DESIGN | ENVIRONMENT | ECONOMICS

Indicative Memorial Wall Options 1 & 2Drawing Ref: P18-2230_07

Drawn by : WM

Client:

Scale : nts@ A3

Date : 27/02/2019

Checked by : AP

Walmley War Memorial - Public Realm Enhancement

Memorial Wall Option 1

Memorial Wall Option 2image: red metal poppy


APPENDIX D

Outline Programme

ID Task Name Duration Start Finish

1 PROJECT DEVELOPMENT PROGRAMME 250 days Mon 04/01/21 Fri 17/12/21

2 Client procurement 55 days Mon 04/01/21 Fri 19/03/21

3 Land Acquisition Completion 11 wks Mon 04/01/21 Fri 19/03/21

4 Full Council Meetings 105 days Tue 23/02/21 Tue 20/07/21

5 Full council meeting #1 0 days Tue 23/02/21 Tue 23/02/21






11 P&H Meetings 110 days Tue 02/02/21 Tue 06/07/21

12 P&H meeting #1 0 days Tue 02/02/21 Tue 02/02/21






18 Key dates 25 days Sun 14/11/21 Fri 17/12/21

19 Remembrance Sunday 0 days Sun 14/11/21 Sun 14/11/21

20 Period of reflection 3 wks Mon 15/11/21 Fri 03/12/21

21 Christmas Services 11 days Fri 03/12/21 Fri 17/12/21

22 Tender Programme 109 days Wed 27/01/21 Mon 28/06/21

23 Client briefing 63 days Wed 27/01/21 Fri 23/04/21

24 Pre start meeting (Teams) 0 days Wed 27/01/21 Wed 27/01/21

25 Review document and resubmit 2 wks Wed 27/01/21 Tue 09/02/21

26 RSCTC review 2 wks Wed 10/02/21 Tue 23/02/21

27 Align with Land Transfer 3 wks Mon 01/03/21 Fri 19/03/21

28 Check details against Land Transfer 4 wks Mon 22/03/21 Fri 16/04/21

29 Approval to tender 1 wk Mon 19/04/21 Fri 23/04/21

30 Tender Period 20 days Mon 26/04/21 Fri 21/05/21

31 Upload to Crown Commercial Services 0 days Mon 26/04/21 Mon 26/04/21

32 Tender period 4 wks Mon 26/04/21 Fri 21/05/21

33 Mid tender visits 1 wk Mon 03/05/21 Fri 07/05/21

34 Last date for queries 0 days Tue 18/05/21 Tue 18/05/21

35 Closing Date 0 days Fri 21/05/21 Fri 21/05/21

36 Tender Reporting 26 days Mon 24/05/21 Mon 28/06/21

37 Receive tenders 0 days Mon 24/05/21 Mon 24/05/21

38 Tender equalisation 3 days Tue 25/05/21 Thu 27/05/21

39 Tender compliance 2 days Fri 28/05/21 Mon 31/05/21

40 Draft report 2 days Tue 01/06/21 Wed 02/06/21

41 Interviews 1 day Thu 03/06/21 Thu 03/06/21

42 Final reporting 1 day Fri 04/06/21 Fri 04/06/21

43 Prepare report for P&H 1 day Mon 07/06/21 Mon 07/06/21

44 Issue to P&H 0 wks Tue 08/06/21 Tue 08/06/21

45 Report after P&H and prep for Full Council 2 wks Tue 08/06/21 Mon 21/06/21

46 Full Council Meeting 0 wks Tue 22/06/21 Tue 22/06/21

47 Approval period 1 wk Tue 22/06/21 Mon 28/06/21

48 Award Contract 0 wks Mon 28/06/21 Mon 28/06/21

49 Client Procurement 105 days Mon 03/05/21 Mon 27/09/21

50 Earliest Date for WPD Installation 2 wks Mon 03/05/21 Fri 14/05/21

51 Cleaning and repair works 1 wk Tue 29/06/21 Mon 05/07/21

52 Erect protection and preparation 1 wk Tue 06/07/21 Mon 12/07/21

53 Final Cleaning works 1 day Fri 24/09/21 Mon 27/09/21

54 Paving works 65 days Tue 29/06/21 Mon 27/09/21

55 Lead In 2 wks Tue 29/06/21 Mon 12/07/21

56 Contract works 10 wks Tue 13/07/21 Mon 20/09/21

57 Snagging works 1 wk Tue 14/09/21 Mon 20/09/21

58 Hand over 1 wk Tue 21/09/21 Mon 27/09/21

59 Completion 0 wks Mon 27/09/21 Mon 27/09/21

23/02

23/03

27/04

18/05

22/06

20/07

02/02

02/03

06/04

04/05

08/06

06/07

14/11

27/01

26/04

18/05

21/05

24/05

08/06

22/06

28/06

27/09

04/01 11/01 18/01 25/01 01/02 08/02 15/02 22/02 01/03 08/03 15/03 22/03 29/03 05/04 12/04 19/04 26/04 03/05 10/05 17/05 24/05 31/05 07/06 14/06 21/06 28/06 05/07 12/07 19/07 26/07 02/08 09/08 16/08 23/08 30/08 06/09 13/09 20/09 27/09 04/10 11/10 18/10 25/10 01/11 08/11 15/11 22/11 29/11 06/12 13/12 20/12 27/12

January February March April May June July August September October November December January

Task

Split

Milestone

Summary

Project Summary

Inactive Task

Inactive Milestone

Inactive Summary

Manual Task

Duration-only

Manual Summary Rollup

Manual Summary

Start-only

Finish-only

External Tasks

External Milestone

Deadline

Progress

Manual Progress

Page 1

Project: Walmley Memorial Out

Date: Wed 21/04/21


APPENDIX E

Not Used


APPENDIX F

Pre Construction Information

Pre-Construction Information

Project: Improvement Work to the Land surrounding Walmley Memorial

At: Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NQ

Client: Royal Sutton Coldfield Town Council

Document Control

Project Name: Walmley War Memorial

Document Reference: Pre-Construction Information

Document Issue Date: 22 April 2021

Document Issue No.: 1

Prepared by: John Beggan

Pre-construction information document

Date Project title Client

22/04/21 Walmley War Memorial Royal Sutton Coldfield Town Council P a g e | 2

Pre-Construction Information

The purpose of this document is to identify items of information, either currently available or that need to be produced, which should be promptly provided to Designers and Contractors to satisfy the Client’s duties under Regulation 4 and Appendix 2 of the Construction (Design and Management) Regulations 2015.

Information is only required if it is relevant to the construction work proposed and the level of detail in the information should be proportionate to the health and safety risks involved in the project.

Revision Record

Document Issue Nature of revisions

Issue 1 Initial issue




Table of Contents

1. DESCRIPTION OF THE PROJECT 5

1.1 The Nature of the Construction Work 5

1.2 Location 5

1.3 Project Duration and Key Dates 5

1.4 Project Team Details 5

1.5 Application of Workplace Regulations 6

2. CLIENT’S BRIEF AND MANAGEMENT REQUIREMENTS 7

2.1 Project Health and Safety Goals and Objectives 7

2.2 Planning and Managing for Construction Work 7

2.3 Communication and Cooperation 8

2.4 F10 Notification 8

2.5 Construction Phase Plan and Welfare Facilities 8

2.6 Health and Safety File Preparation 8

3. CLIENT INFORMATION REGARDING THE SITE 9

3.1 Existing Health and Safety File 9

3.2 Extent and Location of Existing Information 9

3.3 Security of the Site 10

3.4 Site Access Arrangements/Restrictions and Site Compound 10

3.5 Restrictions on Deliveries/WasTe Collection 10

3.6 Permit to Work 10

3.7 Emergency Procedures 11

3.8 No Go Areas/Authorisation Requirements 11

3.9 Confined Spaces 11

3.10 Smoking and Mobile Phone Restrictions 11




3.11 Adjacent Land Uses 11

3.12 Existing Storage of Hazardous Materials 12

3.13 Asbestos 12

3.14 Location of Existing Services 12

3.15 Ground Conditions, Underground Structures, Contaminated Land 12

3.16 Existing Structures 12

3.17 Difficulties Relating to Plant and Equipment 13

4. SIGNIFICANT DESIGN AND CONSTRUCTION HAZARDS 14

4.1 Significant Design Assumptions, Suggested Work Methods and Temporary Works 14

4.2 Arrangements for Coordination of Ongoing Design Work & Handling Design Changes 14

4.3 Significant risks identified during design 14

4.4 Materials Requiring Particular Precautions 14

5. THE HEALTH AND SAFETY FILE 15




1. DESCRIPTION OF THE PROJECT

1.1 THE NATURE OF THE CONSTRUCTION WORK

The project comprises the improvement works to the external land surrounding the memorial including the specialist cleaning of the memorial itself.

1.2 LOCATION

Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NQ

1.3 PROJECT DURATION AND KEY DATES

Pre-construction period (weeks) Refer to Appendix D of the Contract

Documents for a detailed project programme

Proposed mobilization period (weeks)

Construction duration (weeks)

Total project duration (weeks)

1.4 PROJECT TEAM DETAILS

Client Contact Name Royal Sutton Coldfield Town Council

Address Corner of Walmley Road and Crawford Road, Sutton Coldfield, B76 1NQ

Email [email protected]

Tel 0121 663 1765

Employer’s Agent Contact Name John Beggan Brad Hosker

Address Felton Consult Suite 1, 17 Wrens Court Lower Queen Street Sutton Coldfield B72 1RT

Email [email protected] [email protected]

Tel 07802 815 705

Architect Contact Name Amanda Jones

Address Troyka Associates






Irving House

Birmingham B1 3HN


Tel 07970 318 572

Structural & Civil Engineer

Contact Name

Address

Email

Tel

Building Services Engineer

Contact Name

Address

Email

Tel

Principal Designer Advisor

Contact Name John Beggan

Address Felton Consult Suite 1, 17 Wrens Court Lower Queen Street Sutton Coldfield B72 1RT


Tel 07802 815 705

1.5 APPLICATION OF WORKPLACE REGULATIONS

The structures will not be used as workplaces and the Workplace (Health, Safety and Welfare) Regulations will not need to be taken into account in the design of the project.





2. CLIENT’S BRIEF AND MANAGEMENT REQUIREMENTS

2.1 PROJECT HEALTH AND SAFETY GOALS AND OBJECTIVES

There will be a significant focus on achieving high standards of health, safety, environmental and welfare management through all stages of the project. The ultimate health and safety objectives are:

▪ To complete the project without injury or illness for any operative involved in the execution of the project;

▪ To ensure that adequate consideration is given to the welfare of all those affected by the construction of the project such that their health and safety is not put at risk;

▪ For all on site management to have Site Manager Safety Training Scheme (SMSTS) certification or Site Supervisor Safety Training Scheme (SSSTS) certification; and

▪ To ensure that the completed structure can be managed, cleaned, maintained and used in a manner that also does not put the health and safety of those involved at risk.

In order to achieve these objectives, processes are to be implemented to:

▪ Establish and maintain health and safety management control; ▪ Promote adequate communication and co-operation across the project team;

▪ Ensure adequate resources, including time, are allowed for; ▪ Manage change safely; and ▪ Ensure that health and safety is considered at every stage of the design and

procurement process.

The arrangements above put into place to promote communication, co-ordination and integration of health and safety information throughout the life of the project. This applies both to the communication and co-ordination of information within the project team and also in relation to any third parties involved or affected by the works.

2.2 PLANNING AND MANAGING FOR CONSTRUCTION WORK

All works are to be properly planned and controlled in order to minimize the health and safety risks to all those undertaking or affected by the works.

All work must be carried out in accordance with current health and safety legislation together with associated approved Codes of Practice and related guidance (such as CITB GE 700 working sheets). In addition, the Principal Contractor will ensure that every operative and Contractor is provided with information and training on the health and safety risks associated with the project.

The Principal Contractor must provide a suitable sufficient Construction Phase Plan to comply with CDM Regulation 12 and Appendix 3 of CDM 2015, L153 Guidance.

No construction works are to commence on site until a review of the developed Construction Phase Plan has been undertaken on behalf of the Client and the Principal Contractor informed that it is acceptable to allow work to commence on site.




2.3 COMMUNICATION AND COOPERATION

A schedule of regular meetings will be implemented for the duration of the project to facilitate communication of all relevant issues arising from the design and construction works.

The Principal Contractor shall inform the Principal Designer of additional design work and/or unforeseen eventualities necessitating changes to design, which could affect the Construction Phase Plan. Any changes to the Plan required as a result of design changes shall be discussed with the Principal Designer.

The Principal Contractor will also need to liaise with the Principal Designer on the requirements for the Health and Safety File

2.4 F10 NOTIFICATION

The Client/CDM Advisor will submit the F10 to the HSE upon appointment of the Principal Contractor. Further issues of the F10 will be submitted in line with any changes in the project works as appropriate.

2.5 CONSTRUCTION PHASE PLAN AND WELFARE FACILITIES

The Principal Contractor will be required to submit to the Client/CDM Advisor, the Construction Phase Plan at least one week prior to the start of construction. Construction can only start when the Client/CDM Advisor has confirmed that the Construction Phase Plan is adequate and suitable for the project and is satisfied that suitable welfare facilities will be maintained for the duration of the project.

2.6 HEALTH AND SAFETY FILE PREPARATION

The Client/CDM Advisor will continually monitor the progress and development of the Health and Safety File during the construction phase of the project. This will be developed by the Principal Designer and Principal Contractor and progress will be recorded in the site progress meetings. Please refer to Section 5 for further guidance.




3. CLIENT INFORMATION REGARDING THE SITE

The following pre-construction information has been obtained about the site and surrounding environment to give to the designers and Principal Contractor, for the safe management of the site and protection to those persons affected by the construction work and the site operatives.

3.1 EXISTING HEALTH AND SAFETY FILE

A Health and Safety File for the site does not exist.

3.2 EXTENT AND LOCATION OF EXISTING INFORMATION

During the design period, the client and appointed project team members have made enquiries and investigations relating to existing information.

All known safety-related information is detailed in this section of the document and will require review by the Principal Contractor.

Type of information Source/Comments

Site Investigation A topographical survey has been carried out along with surveys of all existing nearby services.

Refurbishment and Demolition Asbestos Survey Report

N/A

Electrical Services N/A

Gas Services N/A

Water services N/A

Where gaps are identified, the client will instruct the Principal Contractor to commission the relevant surveys to obtain the missing site information.



21/07/20 Proposed Refurbishment, 271 Kenilworth Road, Balsall Common Mr & Mrs Latham

P a g e | 10

3.3 SECURITY OF THE SITE

The Principal Contractor is responsible for ensuring that the site is secure, that construction work is suitably segregated from those persons affected by the construction work and that unauthorised access into the site areas is prevented.

The Principal Contractor must maintain the integrity of the site boundary for the duration of the project and take adequate measures to ensure unauthorised persons do not trespass on the site, taking particular note of the residential nature of the site and the church situated adjacent.

All tools, materials and plant should be left secure and stored where possible in a secure container.

All visitors must report to the site office before accessing the site.

3.4 SITE ACCESS ARRANGEMENTS/RESTRICTIONS AND SITE COMPOUND

The site will be accessed directly from any point designated by the Principal Contractor on the Corner of Crawford Road and Walmley Road which is a relatively open area with a high level of on-street parking and traffic. Measures to mitigate the risk of mud forming on the surrounding highways due to the movements of construction traffic will need to be considered including the use of road sweepers as appropriate.

There is adequate space for the Principal Contractor to establish site welfare facilities, storage compounds and working space for the project within the confines of the site boundaries.

All reasonable steps should be taken to segregate site vehicles from pedestrians when establishing access around the site, particularly noting the relatively constricted site area. The Principal Contractor must make suitable arrangements to ensure the safety of those persons affected by the construction work and site operatives and develop a Traffic Management Plan for the project.

The arrangements should consider routing and segregation of pedestrian and vehicular traffic and management of the interface between construction operations and those persons affected by the construction work.

3.5 RESTRICTIONS ON DELIVERIES/WASTE COLLECTION

The Principal Contractor will be required to carefully manage all vehicle movements to and from the site where there is an interface with the general public.

The Principal Contractor is to note the restricted access and peak traffic times and take this into account within their traffic management arrangements.

3.6 PERMIT TO WORK

The Client expects the Principal Contractor to develop their own safe systems of work for this project.




P a g e | 11

3.7 EMERGENCY PROCEDURES

The Principal Contractor will be responsible for developing emergency proposals and providing facilities and resources for construction site staff and authorised site visitors. These proposals should include the names of nominated competent persons undertaking specific roles.

As a minimum, emergency procedures must be developed for the following:

▪ Fire

▪ First Aid

▪ Impact/damage to underground/unknown services

A ‘Site Fire and Emergency Evacuation Plan’ should address issues for construction operatives and the those persons affected by the construction work including: means of escape; muster points; emergency signs and extinguishers; hydrants and other fire protection equipment, sufficient to comply with ‘Fire Prevention on Construction Sites: Joint Code of Practice on the Protection from Fire of Construction Sites and Buildings Undergoing Renovation’ and HSE Booklet HSG168 ‘Fire Safety in Construction Work’.

The Principal Contractor must develop, implement and maintain an emergency response plan covering both health and safety and environmental issues surrounding these works and also identify emergency procedures and contact numbers for the nearest hospital with accident and emergency facilities and display this information clearly on site and within the Construction Phase Plan.

3.8 NO GO AREAS/AUTHORISATION REQUIREMENTS

The Principal Contractor is to restrict the movement of operatives and construction vehicles to designated construction site areas and transit routes only.

3.9 CONFINED SPACES

Works to connect new drainage systems into the existing public sewers, both foul and storm, may require work in confined spaces. Assessment of the condition of the existing drainage systems is to be undertaken. Assessment under the Confined Spaces Regulations 1997 will be required, and a safe system of work developed and implemented to mitigate the associated risks as appropriate should confined space working be identified.

It is not anticipated that there will be any other works within confined spaces. However, should any works be required within trenches, below ground inspection chambers and the like, then the requirements of the Confined Spaces Regulations 1997 will need to be satisfied.

3.10 SMOKING AND MOBILE PHONE RESTRICTIONS

Smoking and use of mobile phones are to be restricted to suitable, designated areas.

3.11 ADJACENT LAND USES

The site is situated within a residential area which is set in from the main road. The property forms a line of residential properties with residential properties forming the boundaries on all other sides.




P a g e | 12

Services, access and the like to all adjacent premises must be maintained throughout the duration of the project. In addition, disturbance, noise and nuisance to all neighbours must be kept to an absolute minimum.

3.12 EXISTING STORAGE OF HAZARDOUS MATERIALS

There are no hazardous materials known to be stored on the site.

3.13 ASBESTOS

No Refurbishment and Demolition Asbestos Survey has been commissioned for the site. The Survey Report will be communicated once completed to all relevant parties as soon as it is made available.

The Principal Contractor is to consider the measures that are to be adopted to ensure that the risks associated with the inhalation of asbestos fibres are mitigated for construction site operatives and others affected by the construction works and also develop procedures for the discovery of unidentified asbestos containing materials.

3.14 LOCATION OF EXISTING SERVICES

Services running under the site are known to be live except where identified in Section 3.2 above. The statutory suppliers are to be engaged to make dead any live service in advance of any demolition and excavation works.

The Principal Contractor is to make all necessary enquiries to ascertain the location and status of all existing services that are likely to impact on the project works.

It is the contractor’s responsibility to check all service drawings and use precaution when working in and around services. Contractors must establish formal procedures to ensure that any unrecorded services located during the works are carefully checked to determine their nature and status, to record relevant information and provide this to the relevant services designer prior to agreeing a course of action.

There is always the potential for unknown below ground services to be present. The Principal Contractor is to follow the guidance provided in ‘Avoiding danger from underground services’ (HSG 47) when undertaking any excavation or ground penetration works.

3.15 GROUND CONDITIONS, UNDERGROUND STRUCTURES, CONTAMINATED LAND

It is understood that an intrusive Site Investigation needs to be undertaken and that on site contamination from historical processes is likely to be of low-risk.

Results of the intrusive Site Investigation, when undertaken and made available will be circulated to all relevant parties for information.

The Principal Contractor is to develop safe systems of work that mitigate against exposure to potentially contaminated soils for site operatives and those impacted by the construction works.

3.16 EXISTING STRUCTURES

If any structures are required to be demolished as part of the Project Works; before demolition can be commenced a structural assessment of the buildings must be made




P a g e | 13

in accordance with Section 9 of BS 6187:2011 ‘Code of practice for full and partial demolition.’ An assessment of any potential health hazards from substances within the building will need also to be made (e.g. Refurbishment and Demolition Asbestos Survey Report, lead paint, refrigerants and the like).

The Principal Contractor is to develop a safe system of work to demolish and remove the structures taking into account the protection measures that will need to be afforded to operatives.

3.17 DIFFICULTIES RELATING TO PLANT AND EQUIPMENT

There are no known issues relating to existing plant and equipment.




P a g e | 14

4. SIGNIFICANT DESIGN AND CONSTRUCTION HAZARDS

4.1 SIGNIFICANT DESIGN ASSUMPTIONS, SUGGESTED WORK METHODS AND TEMPORARY

WORKS

There are no particular work methods or sequences that have been identified or control measures highlighted that a competent contractor would not be aware of in undertaking the construction works.

4.2 ARRANGEMENTS FOR COORDINATION OF ONGOING DESIGN WORK & HANDLING DESIGN CHANGES

The Principal Contractor and all other contractors are to ensure that any project changes which may affect health and safety are immediately notified to the Principal Designer and that risk assessments and method statements are provided or updated for amending the Construction Phase Plan.

The Principal Designer is to be invited to project team meetings and included on the distribution of all project meeting minutes to enable the Principal Designer duties to be fulfilled.

The Principal Contractor is to ensure that any unforeseen eventualities regarding health and safety are immediately notified to the Principal Designer.

4.3 SIGNIFICANT RISKS IDENTIFIED DURING DESIGN

Significant risks identified during design have been highlighted throughout this document and include:

▪ Striking underground services;

▪ Potential exposure to previously unknown asbestos containing materials;

▪ Protection of and connections to existing services;

▪ Control of noise, dust and vibration.

The Principal Contractor is to develop safe systems of work for all activities where significant risks are identified. It is recognized that additional significant risks may become apparent during the development of the project.

4.4 MATERIALS REQUIRING PARTICULAR PRECAUTIONS

No materials requiring particular control measures are anticipated in the construction of the project works. The Principal Contractor is to identify any hazardous materials and undertake the necessary assessments as required by the Control of Substances Hazardous to Health (COSHH) Regulations 2002.




P a g e | 15

5. THE HEALTH AND SAFETY FILE

Health and safety files are the means by which health and safety information is recorded and kept for future use. The Construction (Design & Management) Regulations 2015 suggest that the file must include adequate information about any aspect of the structure or materials used which might affect the health or safety of anyone carrying out construction or cleaning work or of anyone who may be affected by such work.

Please provide the information required relative to your role as indicated below:

Section Provider

Section 1.0 Introduction (Principal Designer)

Section 2.0 Description of the works (Principal Designer)

Section 3.0 Project directory (Principal Designer)

Section 4.0 Significant residual hazards/risks (Designers - Design & Build Contractors/Sub Contractors - Principal Contractor)

Section 5.0 Key structural principles (Structural Engineer)

Section 6.0 Hazardous materials (Designers - Design & Build Contractors/Sub Contractors - Principal Contractor)

Section 7.0 Removal/dismantling of plant and equipment (Designers - Design & Build Contractors/Sub Contractors - Principal Contractor)

Section 8.0 Provisions for cleaning and maintenance (Designers - Design & Build Contractors/Sub Contractors - Principal Contractor)

Section 9.0 Significant services (Designers - Design & Build Contractors/Sub Contractors - Principal Contractor)

Section 10.0 Information and as-built drawings (Designers - Design & Build Contractors/Sub Contractors - Principal Contractor)

1.1 Introduction

▪ Identify the purpose of the Health and Safety File. ▪ Identify the health and Safety File holder’s responsibilities.

2.1 Description of the works

Provide the following details, as appropriate:

▪ General overview of the project ▪ Extent of the works.




P a g e | 16

▪ Brief description of each works package with reference to systems or equipment affected.

3.1 Project directory

▪ Identify the names, responsibilities and contact details of the CDM duty holders for the project.

4.1 Significant residual hazards/risks

▪ Include details of significant residual hazards/risks (i.e. hazards/risks that are unusual, that will not be obvious to a competent contractor or that are likely to be difficult to manage, e.g. asbestos, contaminated land, water bearing strata, buried services, lack of edge protection, fragile surfaces, etc.) associated with the maintenance, cleaning, alteration, dismantling or demolition of the structure and how they have been dealt with.

▪ Include the following details for each significant residual hazard/risk, as appropriate:

- What the hazard is and how it might cause harm to persons such as contractors, building occupants or others affected by the work.

- The area(s) affected by the hazard. - Any critical assumptions and outline the controls that must be followed to

ensure safe working - Cross-references, where applicable, to further details (e.g. on safe working

included in a manual) and drawings showing details (e.g. safe access or location of services).

5.1 Key structural principles

▪ Provide details of key structural principles incorporated in the design of the structure (e.g. load bearing walls, bracing, substantial sources of stored energy such as pre- or post-tensioned members) and safe working loads for floors and roofs, particularly where these may preclude placing scaffolding or heavy machinery.

▪ Identify any spare capacities, i.e. where capacities are not currently fully used and greater loadings can therefore be accommodated.

6.1 Hazardous materials

▪ Include only details of materials/products/substances that present a hazard when subsequently encountered during maintenance, alteration, dismantling or demolition (i.e. only those materials that pose a residual hazard/risk, e.g. special coatings that should not be burnt off).

▪ Include any supplier’s Safety Data Sheet information for all materials/substances listed (COSHH assessments are NOT required).

7.1 Removal/dismantling of plant and equipment

▪ Provide information regarding the safe removal or dismantling of installed plant and equipment (e.g. any special arrangements for lifting and hard standing for cranes, specific order of dismantling, modular construction, access panels, etc.).

▪ Include the weight of any particular heavy plant items.




P a g e | 17

8.1 Provisions for cleaning and maintenance

▪ Provide health and safety information about equipment provided for cleaning or maintaining the structure.

▪ Describe in general terms provisions for the safe cleaning and maintenance of all parts of the structure, such as the following:

- Provision for safe access and egress. - Provision for emergency escape. - Provision for safe working space / platforms. - Provision of specific equipment, such as lifting or access equipment. - Specific controls, such as a permit to work.

9.1 Significant services

▪ Provide details of the nature, location and markings of significant services, including underground cables, gas supply equipment, fire-fighting services, etc.

10.1 Information and as-built drawings

▪ Provide information and record drawings of the structure, its plant and equipment (e.g. the means of safe access to and from service voids, fire doors and compartmentalization, etc.)


APPENDIX G

Survey Information

Fl

Lp

Lp

Lp

Lp

Lp

Sp

Sp

CTV

TCL:

TCL:

TCL:

Gy

Gy

Gy

DP

DP

Bush

Bush

Bush

Bush

Bush

Bush

Bin

Bin

Bin

Gas

F:

E:

E:

E:

R:

R:

GH2

113.358

293640N 293640N

293660N 293660N

293680N 293680N

41

36

00

E4

13

60

0E

41

36

20

E4

13

62

0E

41

36

40

E4

13

64

0E

41

36

60

E4

13

66

0E

112.88112.88

112.89

112.94

112.97

113.04 113.12

113.14

1

1

3

.

1

9

113.19

113.16

113.11

113.12

113.06

113.04

113.10

1

1

3

.

1

2

113.25

113.3

6

1

1

3

.

3

6

1

1

3

.

3

4

113.34

113.40

113.43

113.43

113.2

5

113.40

113.26

113.28

113.2

3

113.36

113.13

113.17

113.21

113.25

113.28

113.32

113.41

113.42

113.37

113.43

113.39

113.33

113.34

113.37

1

1

3

.

3

7

113.3

7

1

1

3

.

2

8

1

1

3

.

3

6

113.37

1

1

3

.

3

5

113.37

113.3

2

113.24

113.2

5

1

1

3

.

2

0

113.18

113.23

113.24

113.25

113.34

113.37

113.48

113.27

113.29

113.30

1

1

3

.

1

2

113.11

113.25

113.14

113.18

113.23

113.35

113.33

1

1

3

.

3

1

113.14

113.20

1

1

3

.

2

2

113.30

113.34

113.34

113.35

113.36

113.39

113.30

113.39

113.48

113.43

113.37

113.36

113.32

113.33

113.21

113.20

113.22

113.29

113.30

113.33

113.35

113.35

113.38

113.45

113.42

113.35

113.28

113.19

113.33

121.88

118.92

125.45

116.13

119.68

123.61

118.01

116.41

118.08

113.31

113.26

1

1

3

.

3

5

113.02

113.02

113.05

113.08

113.15

113.23

1

1

3

.

2

5

11

3.3

2

113.29

113.24

113.25

113.23

113.37

113.4

8

1

1

3

.

4

8

1

1

3

.

4

6

G1.1

TT

TT

TT

TT

G1

Bench

Bench

Bench

BP

W

a

l

l

h

t

0

.

5

m

IC

IC

CBX

CTV

CTV

IC

CT

V

ELC

ELC

IC

G1.7

CVR

BT

IC

G0.3

G0.2

MG

G0.2

G0.1

O

\H

C

able

lv

l:119.80

O

\H

C

able

lv

l:120.45

TT

O\B

ht 1m

W\P ht 1.8m

I\R ht 1m

I\R

ht 1m

I\R

ht 1m

Hedge ht 2m

O\B ht 1m

Wall ht 0.15m

Hedge ht 1m

CPS

CPS

CPS

CPS

CPS

CPS

C\L ht 1.8m

Bricks

G r a s s

G r a s s

G r a s s

G r a s s

G r a s s

Crawford Rd

Walm

ley R

d

CPS

N

Station Information:

Station Easting (m) Northing (m) Level (m)

GH3 413640.218 293557.673 113.493

GH2 413650.963 293649.406 113.358

GH1 413645.239 293744.098 112.999

C

Copyright Greenhatch Group. 06/07/13

QUALITY REF

Drainage information (where applicable) has been

This plan should only be used for its original

purpose. Greenhatch Group accepts no responsibility

for this plan if supplied to any party other than

All dimensions should be checked on site prior

visually inspected from the surface and therefore

DRAWN

DATE

A3@ 1:

should be treated as approximate only.

the original client.

Grid orientation

Notes:

Comments

Drawing No.

Job number

to design and construction.

SCALE

Level datum

Rev.

Fax (01332) 830055

Q. Ref.

Duffield Road

DE21 5DR

Little Eaton

Rowan House

TITLE

Tel (01332) 830044

PROJECT

CLIENT

Description DrawnRev Date

Derby

[email protected]

reenhatch

group

Topographical SurveysMeasured Building Surveys

Site Engineering 3D Laser Scanning

Alban Park

AL4 0LA

St Albans

Unit B, The Courtyard

Hertfordshire

St Albans

t. (01727) 854481

Amethyst Road

NE4 7YL

Newcastle Bus. Park

24 Riverside Studios

Newcastle-U-Tyne

Newcastle

t. (01912) 736391

gUtility / CCTV Surveys Revit & BIM Models

www.greenhatch-group.co.uk

Regents Park

NW1 5LL

27, Cornwall Terrace Mews

London

t. (02072) 241806

London

Royal Sutton Coldfield

Town Council

Walmley War Memorial Square

Walmley Road

Sutton Coldfield

Topographical

Survey

200

07/03/20

TOTGH7087

See note

See note

36417

36417_T 0

Buildings

Wall

Kerb line

Line marking

Drop kerb

Centre line

Overhead Cable

Concrete edge

Tarmac edge

Grass verge

Canopy/Overhang

Inspection chamber

Pipe invert

Gully

Back gully

Down pipe

Pipe above ground

Manhole

Water level

Flood light

Lamp post

Telegraph post

Electricity post

Traffic light

Bus stop

Stop valve

Stop tap

Earth rod

Water meter

Gas valve

Air valve

IC

PInv

Gy

Bg

Dp

Pipe

MH

WL

Fl

Lp

Tp

Ep

Tl

Bus

Sv

St

Er

Wm

Gas

Av

Wash out

Rodding eye

Belisha beacon

Cable tv

Marker post

Gas marker post

Ground light

Letter box

Top of Wall Level

Stile

Internal floor level

Threshold level

Sign post

Trialhole

Borehole

Electric

British Telecom

Control box

Tactile

Brick paved

Concrete paving slabs

Cover

Inspection chamber

Retaining wall

Unable to lift

Tree canopy level

Girth

Multi girth

IFL

THL

Sp

TH

BH

ELC

BT

C'box

TT

BP

CPS

CVR

IC

R/wall

UTL

TCL

G:

MG

Wo

Re

BB

CTV

Mkr

Gmkr

Grl

Lbox

TWL

Sty

Steel Palisade

Wooden Panels

Wire Mesh

W\M

Post & Rail

P\R

Post & Wire

P\W

Chain Link

C\L

W\P

Close Boarded

C\B

Iron Railings

I\R

S\P

Fence types:

Interwoven

I\W

Legend:

1

100.000

Station and Name

Station Level

Verge

Unidentified inspectionICU

Vent pipeVp

Rubbish binBin

Illuminated bollardIB

BollardBo

Cover levelCL:

Ridge Level

Eaves Level

Flat Roof Level

R:

E:

F:

Tree / Bush / Sapling

Bush

Sap

SoffitSo

Gate

Woodland

Area of Undergrowth

Tree StumpStmp

Invert levelIL:

Top of bankBottom of bank

Fire hydrantFh

This survey has been orientated to the Ordnance Survey

(O.S) National Grid OSGB36(15) via Global Navigation Satellite

site centre via a transformation using the OSTN15GB &

Systems (GNSS) and the O.S. Active Network (OS Net).

OSGM15GB transformation models.

The survey has been correlated to this point and a further one

A true OSGB36 coordinate has been established near to the

No scale factor has been applied to the survey therefore the

coordinates shown are arbitrary & not true O.S. Coordinates

which have a scale factor applied.

of the on-site grid and datum.

Please refer to Survey Station Table to enable establishment

Some services may have been omitted due to parked vehicles.

OS Note:

or more OSGB36 (15) points established to create a true O.S.

bearing for angle orientation.

025

50

met

res

HARG

REAVE

CLO

SE

28

30

171

PL 2

925

Hyb

2P1S

165173

153

159 157

139

185AL C

onsac

(LV)

155

163

140

7

1

5

1469

185A

L Co

nsac

(LV)

T.B.

S18

5

25Cu

/CuC

NE

(LV)

Jone

s's

Woo

d

0.3C

u (L

V)0.

2AL

(LV)

0.3C

u (L

V)

185A

L (L

V)

111.

8m

El S

ub S

ta

6P1S

1P1S

7

Clu

b

PL25

25H

yb 2P1S

25H

yb

Unk

own

1ph

US

Rout

eU

nkno

wn

PL26

185

3c C

ON

185

3c C

ON

2P1S

BJT 185 3c 185 3c C

144

Hea

lth C

entr

e

152

150

2P

95AL

Con

sac

(LV)

1

CHECKLEY CROFT

95AL

Con

sac

(LV)

SJT

11

FOX

HO

LLIE

S RD

.72

/302

0 (5

066)

LE

G-N

eutr

al

G. N

eutra

l

0.15

CU

11k

V 0.

15 C

U 1

1kV

G-Ne

utra

l G-N

eutr

al

16 3

c Cu

/Cu

CNE

G-N

EUTR

AL ,G

T

G-N

eutr

al

25H

ybPL

1

LE

15

11

HARGREAVE CLOSE

17

3P

Vic

arag

e

185A

L Co

nsac

(LV

)95

AL

PICA

S 11

kV

95 A

L PI

CAS

11kV

G-N

eutr

al,G

T

G-N

eutr

al,G

T

G-N

eutr

al,G

T

72/3

019

(551

26)

CHEC

KLEY

CRO

FT

2

0.06

/0.0

4Cu

3c (

LV)

G-N

eutr

al,G

TG

-Neu

tral

,GT

G-N

eutr

al,B

T

G-N

eutr

al,G

T

300

3c A

WC

04/2

013 0.

15 C

U 1

1kV

95 A

L PI

CAS

11kV

150

3c C

ON N

C

PL3

25H

yb

LE

LE

G. N

eutra

l

0.15

CU

11kV

0.15

CU

11kV

PL2

25H

yb

35 H

yb

0.06

/0.0

4/0.

06Cu

(LV

,dec

om)

G-N

eutr

al,G

T

Bow

ling

Gre

ens

95AL

Con

sac

(LV)

95AL

Con

sac

(LV)

95AL

Con

sac

(LV) 2

8

4

30 El

Sub Sta

Hal

l

Chu

rch

St J

ohn'

s

35Cu

/CuC

NE

(LV)

185A

L Co

nsac

(LV

)

28

3P Par

ish

Hal

l

25Cu

/CuC

NE

(LV)

25Cu

/CuC

NE

(LV)

0.15

Cu (

LV)

Assu

med

Pos

ition

0.02

Cu (

LV)

16Cu

/CuC

NE

(LV)

16Cu

/CuC

NE

(LV)

Cen

tre

5

Alm

shou

ses

1

3P2S

48

185 AL PICAS 11kV

3P2S

FP25

mm

Shelter

17

16

95AL

Con

sac

(LV)

15

War

Mem

l

Tel

epho

ne

185

AL P

ICAS

11k

V

Exc

hang

e

35 H

yb A

R35

1ph

Cu/

Cu S

NE

3ph42

LDB

NC

1229

0

112.

7m

4P1S

0.1 CU 11kV

WALMLEY ROAD

PL 2

225

mm

3P2S

2P1S

185

AL P

ICAS

11k

V

185

AL P

ICAS

11k

V

0.02

Cu (

LV)

5P4S

0.3A

L (L

V) S

.T.A

.

NB

300A

L Co

nsac

(LV

)0.

3Cu

(LV)

0.02

Cu (

LV,d

ecom

)

0.3C

u (L

V)

0.3C

u (L

V,de

com

)

0.02

Cu (

LV)

0.15

Cu (

11kV

,dec

om)

0.15

Cu (

11kV

,dec

om)

0.3C

u (L

V)

3P2SNB

185A

L Co

nsac

(LV

)

Tails

LDB

1346

8 NB

0.3

4c A

L

G-N

eutr

al

G. N

eutr

al, G

T

0.15

Cu (

LV)

0.15

Cu (

LV)

NB

NB

NB

10

NB

0.15

Cu (

LV)

NB

0.15

Cu (

LV)

1P1S

4P1S

Sur

gery

NB 2P1S

2P1S

300A

WC

(LV)

0.15

Cu (

LV)

0.2C

u (L

V)

0.02

Cu (

LV)

0.2C

u (L

V)

NB

Lych

Gat

e

185A

WC

(LV)

[o]

113.

5m

26

150A

L Co

nsac

(LV

)

185A

WC

(LV)

95AW

A (L

V)

0.3C

u (L

V)18

5AL

(LV)

0.02

Cu (

LV)

0.15

Cu (

LV)

185

3c A

WC

Tails

12

0.15

Cu (

LV)

NB LD

B 14

665

4P2S

She

lter

3P2S

G-N

eutr

alG

-Neu

tral

113.

3m

185A

L (L

V)

NB

2P1S

0.00

7Cu

2c 1

ph (

LV,d

ecom

)

0.02

Cu (

LV)

0.1C

u (1

1kV,

deco

m)

S.T.

A.

2P1S

0.15

Cu (

LV,d

ecom

)0.

3Cu

(LV,

deco

m)

0.3C

u (L

V,de

com

)

17

37

15 11

0.3A

L (L

V)20

0.15

AL C

onsa

c (L

V)

PL25

Hyb

185

4c A

L

G-N

eutr

al

LDB

1451

5

Tails

WALMLEY CLOSE

4P1S

3

0.2C

u (L

V)

4P1S

5 4

12 11 10 78

0.2

CU 1

1kV

12

PO

LB

9

0.1

CU 1

1kV

G-N

eutr

al,G

T

0.02

Cu (

LV)

G-N

eutr

al,G

T

0.06

Cu (

LV) 0.

02Cu

(LV

)

G-N

eutr

al

0.2C

u (L

V)0.

2 CU

11k

V 0.

2 CU

11k

V G

VC

35Cu

/CuC

NE

(LV)

0.15

Cu (

LV)

G-N

eutr

al,G

T

Libr

ary

0.02

Cu (

LV)

0.15

Cu (

LV)

0.25

Cu (

LV)

PL 2

25m

m

0.2

CU 1

1kV

0.2C

u (L

V)

2P1S

57

4

8

59

1

49

AR

0.1

4c C

U

3ph

G-N

eutr

al

PL 5

425

mm

35 3

c H

yb

333

11

3

2 6

1 5

G-N

eutr

al,G

T

LE Ass

127

9

4

pos

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95AW

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12

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Dat

e Re

ques

ted:

06/

03/2

020

Job

Refe

renc

e: 1

7899

257

Site

Loc

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n: 4

1362

4 29

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Plans generated by DigSAFE Pro (tm) software provided by LinesearchbeforeUdig

Fl

Lp

Lp

Lp

Lp

Lp

Sp

Sp

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TCL:

TCL:

TCL:

Gy

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DP

Bush

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Bin

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Gas

F:

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GH2

113.358

293640N 293640N

293660N 293660N

293680N 293680N

41

36

00

E4

13

60

0E

41

36

20

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13

62

0E

41

36

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0E

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0E

112.88

112.88

112.89

112.94

112.97

113.04 113.12

113.14

1

1

3

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1

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113.19

113.16

113.11

113.12

113.06

113.04

113.10

1

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113.25

113.3

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1

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3

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1

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3

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113.34

113.40

113.43

113.43

113.2

5

113.40

113.2

6

113.28

113.2

3

113.36

113.13

113.17

113.21

113.25

113.28

113.32

113.41

113.42

113.37

113.43

113.39

113.33

113.34

113.37

1

1

3

.

3

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113.3

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1

1

3

.

2

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1

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113.37

1

1

3

.

3

5

113.37

113.3

2

113.24

113.2

5

1

1

3

.

2

0

113.18

113.23

113.24

113.25

113.34

113.37

113.48

113.27

113.29

113.30

1

1

3

.

1

2

113.11

113.25

113.14

113.18

113.23

113.35

113.33

1

1

3

.

3

1

113.14

113.20

1

1

3

.

2

2

11

3.3

0

113.34

113.34

113.35

113.36

113.39

113.30

113.39

113.48

113.43

113.37

113.36

113.32

113.33

113.21

113.20

113.22

113.29

113.30

113.33

113.35

113.35

113.38

113.45

113.42

113.35

113.28

113.19

113.33

121.88

118.92

125.45

116.13

119.68

123.61

118.01

116.41

118.08

113.31

113.26

1

1

3

.

3

5

113.02

113.02

113.05

113.08

113.15

113.23

1

1

3

.

2

5

113.32

113.29

113.24

113.25

113.23

113.37

113.4

8

1

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.

4

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1

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3

.

4

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G1.1

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Wall ht 0.15m

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Bricks

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Crawford Rd

Walm

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BT(B2)

BT(B2)

BT(B2)

BT(B2)

BT(B2)

BT(B2)

BT(B2)

BT(B2)

BT(B2)

BT(B2)

BT(B2)

BT(B2)

BT(B2)

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UK

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0.40d

0.20d

0.30d

0.40d

0.20d

0.50d

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0.20d

0.30d

0.30d

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0.10d

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0.60d

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6

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S

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OS

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OS

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A

O

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A

OS

A

OS

A

OS

A

O

S

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O

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OSA

O

S

A

O

S

A

OSA

NVE

NVE

NVE

OSA

Signal

0.15d

OS

A

O

S

A

0

.4

0

d

0.15d

0

.1

5

d

UTR

ND

I

ND

I

N

D

I

UTR

Ø100

Sounded

Ø100

IL112.46

Cracked

Ø

1

0

0

Ø100

IL113.35

IL112.17

Ø

1

0

0

Ø

1

0

0

Ø100

IL111.87

Ø100

OSA

Ø100

IL110.55

Ø100

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

BT

(B

4)

TF

R B

4

TF

R B

4

TF

R

TF

R

TF

R

TF

R

TF

R B

4

TF

R B

4

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

GA

S(B

4)

TF

RT

FR

125 P

E

TF

R B

4

T

V

(

B

4

)

T

V

(B

4

)

T

V

(B

4

)

T

F

R

B

4

T

F

R

HV

(B

4)

HV

(B

4)

HV

(B

4)

HV

(B

4)

H

V

(

B

4

)

HV(B4)

HV

(B

4)

HV

(B

4)

HV

(B

4)

H

V

(

B

4

)

HV(B4)

TF

R B

4

TFR B4

TF

R

TF

R

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

FW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

SW

(B

4)

TF

R B

4

TF

R B

4

TF

R B

4

TF

R B

4

TF

R

TF

R

TF

R

TF

R

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

WT

R(B

4)

TF

R B

4

TF

R B

4

TF

R 4" C

I

TF

R 150m

m P

VC

TF

R 150m

m P

VC

CPS

TF

R 150m

m P

VC

TF

R 4" C

I

TF

R 4" C

I

TF

R 125 P

E

Rubble Filled

No visible services

Rubble Filled

No visible services

355m

m P

E M

/P

(in 16in S

I)

N

DISCLAIMER

Whilst every effort has been taken in the preparation of this drawing, theoriginal land marks/apparatus configuration may have been altered since thesurvey/drawing was produced. The user shall make further enquiries andinvestigations to satisfy himself as to the accuracy of this drawing and positionof the apparatus. The exact positions of the apparatus should be verified bythe use of suitable detection devices and safe digging practices in accordancewith HSG47, further advice on the location of apparatus should berecommended by the owner. No representation is made by Greenhatch Group,its agents or servants as to the accuracy, completeness, and sufficiency orotherwise of this drawing and the position of the apparatus.

All apparatus shall be treated as live unless proved otherwise by the owner. Itis the users responsibility to ensure that the information on the location ofapparatus is provided to all persons (either direct labour or contractors) workingin proximity to the apparatus.

NOTES

In all cases please call the BT Dial before you dig service to mark their own plant before any site works commence

0800 917 3993

Always consult utility plans

1. Drainage Information provided has been determined without man entry into the chambers. Whilst every effort has

been made to correctly identify the duty/pipes/chamber detail, it is recommended that this information should be

checked in areas that are critical to the future proposal/development.

2. All sewer runs are presumed to be straight line connections between chambers unless proven otherwise by the use

of a sonde or CCTV survey.

3. Records have been added to the drawing where we were unable to locate the services on site.

PAS 128 : 2014

SURVEY CATEGORYQUALITY LEVEL

CRITERIA USED IN THE DETERMINATION OF

QUALITY LEVEL

TYPE B - DETECTIONQL-B4

A UTILITY SEGMENT WHICH IS SUSPECTED TO

EXIST BUT HAS NOT BEEN DETECTED AND

THEREFORE SHOWN AS AN ASSUMED ROUTE.

(NO DETECTION POSSIBLE)

QL-B3

POSITION OF THE UTILITY DETECTED BY ONE OF

THE GEOPHYSICAL TECHNIQUES.

(EML OR GPR DETECTION WITH LIMITED

CONFIDENCE IN DEPTH)

QL-B2

POSITION AND DEPTH OF THE UTILITY DETECTED

BY ONE OF THE GEOPHYSICAL TECHNIQUES.

(EML OR GPR DETECTION WITH CONFIDENCE IN

DEPTH)

QL-B1

POSITION AND DEPTH OF THE UTILITY DETECTED

BY MULTIPLE GEOPHYSICAL TECHNIQUES.

(EML + GPR DETECTION)

LEGEND

Buildings

Wall

Kerb line

Line marking

Drop kerb

Centre line

Overhead Cable

Concrete edge

Tarmac edge

Grass verge

Canopy/Overhang

Inspection chamber

Pipe invert

Gully

Back gully

Down pipe

Pipe above ground

Manhole

Water level

Flood light

Lamp post

Telegraph post

Electricity post

Traffic light

Bus stop

Stop valve

Stop tap

Earth rod

Water meter

Gas valve

Air valve

IC

PInv

Gy

Bg

Dp

Pipe

MH

WL

Fl

Lp

Tp

Ep

Tl

Bus

Sv

St

Er

Wm

Gas

Av

Wash out

Rodding eye

Belisha beacon

Cable tv

Marker post

Gas marker post

Ground light

Letter box

Top of Wall Level

Stile

Internal floor level

Threshold level

Sign post

Trialhole

Borehole

Electric

British Telecom

Control box

Tactile

Brick paved

Cover

Retaining wall

Unable to locate

Tree canopy level

Girth

Multi girth

IFL

THL

Sp

TH

BH

ELC

BT

C'box

TT

BP

CPS

CVR

IC

R/wall

UTL

TCL

G:

MG

Wo

Re

BB

CTV

Mkr

Gmkr

Grl

Lbox

TWL

Sty

Steel Palisade

Wooden Panels

Wire Mesh

W\M

Post & Rail

P\R

Post & Wire

P\W

Chain Link

C\L

W\P

Close Boarded

C\B

Iron Railings

I\R

S\P

Fence types:

Interwoven

I\W

1

100.000

Station and Name

Station Level

Verge

Unidentified inspectionICU

Vent pipeVp

Rubbish binBin

Illuminated bollardIB

BollardBo

Cover levelCL:

Ridge Level

Eaves Level

Flat Roof Level

R:

E:

F:

Tree / Bush / Sapling

Bush

Sap

SoffitSo

Gate

Woodland

Area of Undergrowth

Tree StumpStmp

Invert levelIL:

Top of bankBottom of bank

Fire hydrantFh

Concrete paving slabs

Inspection chamber

0.40d

UTILITY LINETYPES

Air Line

British Telecom

BT BT

British Telecom Overhead

HV(B3)

CCTV / Cable Television

TV TV

Drainage - Combined Water

CW CW

Drainage - Foul Water

FW FW

Communication Cable

COM

Drainage - Storm Water

SW SW

Empty Duct

ED ED

Fibre Optic

LV(B2)

Gauge Line

GL GL

GPR Line

GPR

Heating Pipes

HTG

Offset Fills

OF OF

Vapour Recovery

VR VR

Earth Cable

ETH

Vent Line

VP VP

Gas Line

GAS

Electric Overhead

HV(B3)

UTILITY SURVEY INFORMATION

Contracted Survey Area

Depth to Top of Service (m)Unable to Raise (cover)

Unable to TraceEnd of Trace

Unable to SurveyUTS

UTR

Unknown

UKN

Oil Pipe

OIL

UTT

Electric Low Voltage

LV LV

Electric High Voltage

HV HV

Telecom

TEL

Traffic Light Signals

TL TL

Electric & Comms

E&C

Rising Main

>> >>

Head of Run HoR

Assumed RouteAR

Assumed ConnectionACP

EOT

Weak SignalWS

Taken From Records TFR

Multiple Services Route

GPR Anomaly

GPR

GPR

MSR

MSR

Ø150

Ø150

Ø150

Water

WTR

Off Survey AreaOSA

No Visible ExitNVE

No Pipes Visible NPV

Fuel Line

Back Drop BD

Silt LevelSL

No Depth Indicated NDI

Sound Connection S/C

Unable to Survey

Chamber Extents

AIR AIR FL FL

Above Ground A/G

Trench Scar

APPROXIMATE LOCATION

C

Copyright Greenhatch Group. 06/07/13

QUALITY REF

Drainage information (where applicable) has been

This plan should only be used for its original

purpose. Greenhatch Group accepts no responsibility

for this plan if supplied to any party other than

All dimensions should be checked on site prior

visually inspected from the surface and therefore

DRAWN

DATE

A3@ 1:

should be treated as approximate only.

the original client.

Grid orientation

Notes:

Comments

Drawing No.

Job number

to design and construction.

SCALE

Level datum

Rev.

Fax (01332) 830055

Q. Ref.

Duffield Road

DE21 5DR

Little Eaton

Rowan House

TITLE

Tel (01332) 830044

PROJECT

CLIENT

Description DrawnRev Date

Derby

[email protected]

reenhatch

group

Topographical SurveysMeasured Building Surveys

Site Engineering 3D Laser Scanning

Alban Park

AL4 0LA

St Albans

Unit B, The Courtyard

Hertfordshire

St Albans

t. (01727) 854481

Amethyst Road

NE4 7YL

Newcastle Bus. Park

24 Riverside Studios

Newcastle-U-Tyne

Newcastle

t. (01912) 736391

gUtility / CCTV Surveys Revit & BIM Models

www.greenhatch-group.co.uk

Regents Park

NW1 5LL

27, Cornwall Terrace Mews

London

t. (02072) 241806

London

Royal Sutton Coldfield

Town Council

Walmley War Memorial Square

Walmley Road

Sutton Coldfield

Utility

Survey

200

13.03.20

SMGH7087

See note

See note

36417

36417_T_UG 0

LP MAINS

MP MAINS

IP MAINS

LHP MAINS

SCALE: 1 : 500

USER ID: GaryS

DATE: 06/03/2020

EXTRACT DATE: 09/12/2019

MAP REF: SP1393

CENTRE: 413634, 293662

This plan shows those pipes owned by Cadent Gas Ltd in their role as aLicensed Gas Transporter (GT). Gas pipes owned by other GTs, or otherwise privately owned, may be present in this area. Information with regard to such pipes should be obtained from the relevant owners. The information shown on this planis given without warranty, the accuracy thereof cannot be guaranteed. Service pipes, valves, syphons, stub connections,etc. are not shown but their presence should be anticipated. No liability of any kind whatsoever is accepted by Cadent Gas Ltd or their agents, servants or contractors for any error or omission. Safe digging practices, in accordance with HS(G)47, must be used to verify and establish the actual position ofmains, pipes, services and other apparatus on site before any mechanical plant is used. It is your responsibility to ensure that this information is provided to all persons (either direct labour or contractors) working for you on or near gas apparatus. The information included on this plan should not be referred to beyond a period of 28 days from the date of issue. Further information on all DR4s can be determined by calling the DR4 hotline on 01455 892426 (9am-5pm)A DR4 is where a potential error has been identified within the asset record and a process is currently underway toinvestigate and resolve the error as appropriate.

MAPS Viewer Version 5.8.0.1

Local Machine

This plan is reproduced from or based on theOS map by Cadent Gas Ltd, with the sanctionof the controller of HM Stationery Office.Crown Copyright Reserved.

Enquirer

Name Phone

Company Mobile

Address

Email

Enquiry Details

Scheme/Reference

Enquiry type Work category

Start date Work type

End date Site size

Searched location Work type buffer*

Confirmed location

Site Contact Name Site Phone No

Description of Works

Site Map

V3.3.6 Contains Ordnance Survey data © Crown copyright and database right 2018

Enquiry Confirmation Date of enquiry:

Time of enquiry:

* The WORK TYPE BUFFER is a distance added to your search area based on the Work type you have chosen.

B76 1NP

LSBUD Ref: 17899257

GL2 4NF

Initial Enquiry

14/03/2020

413624 293664

B76 1NP

Not Supplied

Development Projects

Not Supplied

11:27

100 metres diameter

Mr Gary Simpson

Centurion House, Olympus Park,

Not Supplied

Quedgeley Gloucestershire

Commercial/industrial

06/03/2020

[email protected]

07872617614

Geotechnical Engineering Limited Not Supplied

25 metres

08/03/2020

Page 1 of 4

Asset Owners


Time of enquiry:

The results of this enquiry are based on the confirmed information you entered and are valid only asat the date of the enquiry. It is your responsibility to ensure that the Enquiry Details are correct, and LinesearchbeforeUdig accepts no responsibility for any errors or omissions in the Enquiry Details or any consequences thereof. LSBUD Members update their asset information on a regular basis so you are advised to consider this when undertaking any works. It is your responsibility to choose the period of time after which you need to resubmit any enquiry but the maximum time (after which your enquiry will no longer be dealt with by the LSBUD Helpdesk and LSBUD Members) is 28 days. If any details of the enquiry change, particularly including, but not limited to, the location of the work, then a further enquiry must be made.

Terms and Conditions.

Validity and search criteria.

Asset Owners & Responses. Please note the enquiry results include the following:1. "LSBUD Members" who are asset owners who have registered their assets on the LSBUD service.2. "Non LSBUD Members" are asset owners who have not registered their assets on the LSBUD service but LSBUD is aware of

their existence. Please note that there could be other asset owners within your search area.

Below are three lists of asset owners:

1. LSBUD Members who have assets registered within your search area. (“Affected”) a.These LSBUD Members will either: i. Ask for further information (“Email Additional Info” noted in status). The additional information includes: Site contact

name and number, Location plan, Detailed plan (minimum scale 1:2500), Cross sectional drawings (if available), Work Specification.

Respond directly to you (“Await Response”). In this response they may either send plans directly to you or ask for further information before being able to do so, particularly if any payments or authorisations are required.

ii.

2. LSBUD Members who do not have assets registered within your search area. (“Not Affected”)

3. Non LSBUD Members who may have assets within your search area. Please note that this list is not exhaustive and all details

National Grid.

are provided as a guide only. It is your responsibility to identify and consult with all asset owners before proceeding.

Please note that the LSBUD service only contains information on National Grid's Gas above 7 bar asset, all National Grid Electricity Transmission assets and National Grid's Gas Distribution Limited above 2 bar asset.

For National Grid Gas Distribution Ltd below 2 bar asset information please go to www.beforeyoudig.nationalgrid.com

Please note that this enquiry is subject always to our standard terms and conditions available at www.linesearchbeforeudig.co.uk ("Terms of Use") and the disclaimer at the end of this document. Please note that in the event of any conflict or ambiguity between the terms of this Enquiry Confirmation and the Terms of Use, the Terms of Use shall take precedence.

Notes. Please ensure your contact details are correct and up to date on the system in case the LSBUD Members need to contact you.

LSBUD Ref: 17899257 11:27

06/03/2020

Page 2 of 4


Time of enquiry:LSBUD Ref: 17899257 11:27

06/03/2020

LSBUD Members who have assets registered on the LSBUD service within the vicinity of your search area.

List of affected LSBUD membersAsset Owner Phone/Email Emergency Only StatusWestern Power Distribution 08000963080 08006783105 Await response

LSBUD Members who do not have assets registered on the LSBUD service within the vicinity of your search area. Please beaware that LSBUD Members make regular changes to their assets and this list may vary for new enquiries in the same area.

List of not affected LSBUD members

AWE Pipeline Balfour Beatty Investments Limited BOC Limited (A Member of the Linde Group)

BP Exploration Operating Company Limited BPA Carrington Gas Pipeline

CATS Pipeline c/o Wood Group PSN Cemex Centrica Storage Ltd

Chrysaor Production (UK) Limited CLH Pipeline System Ltd CNG Services Ltd

Concept Solutions People Ltd ConocoPhillips (UK) Teesside Operator Ltd DIO (MOD Abandoned Pipelines)

Drax Group E.ON UK CHP Limited EirGrid

Electricity North West Limited ENI & Himor c/o Penspen Ltd EnQuest NNS Limited

EP Langage Limited ESP Utilities Group ESSAR

Esso Petroleum Company Limited Fulcrum Pipelines Limited Gamma

Gateshead Energy Company Gigaclear Ltd Gtt

Hafren Dyfrdwy Heathrow Airport LTD Humbly Grove Energy

IGas Energy INEOS FPS Pipelines INEOS Manufacturing (Scotland and TSEP)

INOVYN Enterprises Limited Intergen (Coryton Energy or Spalding Energy) Mainline Pipelines Limited

Manchester Jetline Limited Manx Cable Company Marchwood Power Ltd (Gas Pipeline)

Melbourn Solar Limited Murphy Utility AssetsNational Grid Gas (Above 7 bar), National GridGas Distribution Limited (Above 2 bar) andNational Grid Electricity Transmission

Northumbrian Water Group NPower CHP Pipelines Oikos Storage Limited

ØrstedPerenco UK Limited (Purbeck SouthamptonPipeline)

Perenco UK Limited (Purbeck SouthamptonPipeline)

Petroineos Phillips 66 Premier Transmission Ltd (SNIP)

Redundant Pipelines - LPDARWE - Great Yarmouth Pipeline (Bacton to GreatYarmouth Power Station)

RWEnpower (Little Barford and South Haven)

SABIC UK Petrochemicals Scottish and Southern Electricity Networks Scottish Power Generation

Seabank Power Ltd SES Water Severn Trent (Chester area only)

SGN Shell (St Fergus to Mossmorran) Shell Pipelines

SSE (Peterhead Power Station) SSE Enterprise Telecoms SSE Utility Solutions Limited

Tata Communications (c/o JSM ConstructionLtd)

Total (Colnbrook & Colwick Pipelines) Total Finaline Pipelines

Transmission Capital UK Power Networks Uniper UK Ltd

Vattenfall Veolia ES SELCHP Limited Veolia ES Sheffield Ltd

Wales and West Utilities Westminster City Council Zayo Group UK Ltd c/o JSM Group Ltd

Page 3 of 4


Time of enquiry:LSBUD Ref: 17899257 11:27

06/03/2020

The following Non-LSBUD Members may have assets in your search area. It is YOUR RESPONSIBILITY to contact thembefore proceeding. Please be aware this list is not exhaustive and it is your responsibility to identify and contact all assetowners within your search area.

Non-LSBUD members (Asset owners not registered on LSBUD)Asset Owner Preferred contact method Phone StatusBirmingham City Council [email protected] 01213037415 Not NotifiedBT https://www.swns.bt.com/pls/mbe/welcome.home 08009173993 Not NotifiedCadent Gas [email protected] 0800688588 Not NotifiedCenturyLink Communications UK Limited [email protected] 02087314613 Not NotifiedCityFibre [email protected] 033 3150 7282 Not NotifiedColt [email protected] 01227768427 Not NotifiedEnergetics Electricity [email protected] 01698404646 Not NotifiedENGIE [email protected] 01293 549944 Not NotifiedGTC https://pe.gtc-uk.co.uk/PlantEnqMembership 01359240363 Not NotifiedKPN (c/-Instalcom) [email protected] n/a Not NotifiedMobile Broadband Network Limited [email protected] 01212 621 100 Not Notified

Severn Trent Waterhttps://www.stwater.co.uk/developers/request-a-water/sewer-map/

03456016616 Not Notified

Sky UK Limited [email protected] 02070323234 Not NotifiedSota [email protected] Not NotifiedSouth Staffordshire Water [email protected] 01922638282 Not NotifiedTeliasonera [email protected] 0800526015 Not NotifiedUtility assets Ltd [email protected] Not NotifiedVerizon Business [email protected] 01293611736 Not NotifiedVirgin Media http://www.digdat.co.uk 08708883116 Not NotifiedVodafone [email protected] 01454662881 Not Notified

DisclaimerPlease refer to LinesearchbeforeUdig's Terms of Use for full terms of use available at www.linesearchbeforeudig.co.ukThe results of this Enquiry are personal to the Enquirer and shall not be shared with or relied upon by any other party. The asset information on whichthe Enquiry results are based has been provided by LSBUD Members, therefore LinesearchbeforeUdig will provide no guarantee that such informationis accurate or reliable nor does it monitor such asset information for accuracy and reliability going forward. There may also be asset owners which donot participate in the enquiry service operated by LinesearchbeforeUdig, including but not exclusively those set out above. Therefore,LinesearchbeforeUdig cannot make any representation or give any guarantee or warranty as to the completeness of the information contained in theenquiry results or accept any responsibility for the accuracy of the mapping images used. LinesearchbeforeUdig and its employees, agents andconsultants accept no liability (save that nothing in this Enquiry Confirmation excludes or limits our liability for death or personal injury arising from ournegligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law) arising in respectthereof or in any other way for errors or omissions including responsibility to any person by reason of negligence.

Page 4 of 4

1

Stats

From: [email protected]: 06 March 2020 11:30To: StatsSubject: GTC Plant Enquiry - Ref- 1290850Attachments: 1290850.png

GTC Apparatus Not Found In Search Area

Our Plant Enquiry Service Ref: 1290850 Your Enquiry Ref: N/A

Dear Adam,

Thank you for your enquiry concerning apparatus in the vicinity of your proposed work. GTC can confirm that we have no apparatus in the vicinity but please note that other asset owners may have and ensure all utility owners have been consulted. For your records, the search area is shown in the attached map.

Please note our assets now include those owned and operated by:

GTC Pipelines Limited Independent Pipelines Limited Quadrant Pipelines Limited Electricity Network Company Limited Independent Power Networks Limited Independent Water Networks Limited Independent Fibre Networks Limited Independent Community Heating Limited

If you have any queries or require any further information please do not hesitate to contact us.

Your sincerely,

GTC Plant Enquiry Service.

GTC Synergy House Woolpit Business Park Woolpit Bury St Edmunds Suffolk, IP30 9UP Tel: 01359 240363 [email protected]

NOTE: This E-Mail originates from GTC, Synergy House, Woolpit Business Park, Woolpit, Bury St Edmunds, Suffolk, IP30 9UP VAT Number: GB688 8971 40. Registered No: 029431. DISCLAIMER The information in this E-Mail and in any attachments is confidential and may be privileged. If you are not the intended recipient, please destroy this message, delete any copies held on your system and notify the sender immediately. You

2

should not retain, copy or use this E-Mail for any purpose, nor disclose all or any part of its content to any other person. Whilst we run antivirus software on Internet E-Mails, we are not liable for any loss or damage. The recipient is advised to run their own up to date antivirus software. Thank you

Important Information - please read The purpose of this plan is to identify Virgin Media apparatus. We have tried to make it as accurate as possible but we cannot warrant its accuracy. In addition, we caution that within Virgin Media apparatus there may be instances where mains voltage power cables have been placed inside green, rather than black ducting. Further details can be found using the "Affected Postcodes.pdf", which can be downloaded from this website. Therefore, you must not rely solely on this plan if you are carrying out any excavation or other works in the vicinity of Virgin Media apparatus. The actual position of any underground service must be verified by cable detection equipment, etc. and established on site before any mechanical plant is used. Accordingly, unless it is due to the negligence of Virgin Media, its employees or agents, Virgin Media will not have any liability for any omissions or inaccuracies in the plan or for any loss or damage caused or arising from the use of and/or any reliance on this plan. This plan is produced by Virgin Media Limited (c) Crown copyright and database rights 2020 Ordnance Survey 100019209.

Date: 06/03/20 Scale: 1:1000 Data updated: 02/03/20Map Centre: 413647,293672(c) Crown copyright and database rights 2020 Ordnance Survey 100019209 Telecoms Plan A3

[email protected]

Do not scale off this Map. This plan and any information supplied with it is furnished as a general guide, is only valid at the date of issue and no warranty as to its correctness is given or implied. In particular this plan and any information shown on it must not be relied upon in the event of any development or works (including but not limited to excavations) in the vicinity of SEVERN TRENT WATER assets or for the purposes of determining the suitability of a point of connection to the sewerage or distribution systems. On 1 October 2011 most private sewers and private lateral drains in Severn Trent Water’s sewerage area, which were connected to a public sewer as at 1 July 2011, Transferred to the ownership of Severn Trent Water and became public sewers and public lateral drains. A further transfer takes place on 1 October 2012. Private pumping stations, which form part of these sewers or lateral drains, will transfer to ownership of Severn Trent Water on or before 1 October 2016. Severn Trent Water does not ossess complete records of these assets. These assets may not be displayed on the map. Reproduction by permission of Ordnance Survey on behalf of HMSO. © Crown Copyright and database right 2004. All rights reserved. Ordnance Survey licence number: 100031673. Document users other than SEVERN TRENT WATER business users are advised that this document is provided for reference purpose only and is subject to copyright, therefore, no further copies should be made from it.

Date: 06/03/20 Scale: 1:1250 Data updated: 08/01/20Map Centre: 413634,293670(c) Crown copyright and database rights 2020 Ordnance Survey 100031673 Wastewater Plan A3Our Ref: 374802 - 1

B76 1NP

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GENERAL CONDITIONS AND PRECAUTIONS TO BE TAKEN WHEN CARRYING OUT WORK ADJACENT TO SEVERN TRENT WATER'S APPARATUS

Please ensure that a copy of these conditions is passed to your representative and/or your contractor on site. If any damage is caused to Severn Trent Water Limited (STW) apparatus (defined below), the person, contractor or subcontractor responsible must inform STW immediately on:0800 783 4444 (24 hours)

a) These general conditions and precautions apply to the public sewerage, water distribution and cables in ducts including (but not limited to) sewers which are the subject of an Agreement under Section 104 of the Water Industry Act 1991(a legal agreement between a developer and STW, where a developer agrees to build sewers to an agreed standard, which STW will then adopt); mains installed in accordance with an agreement for the self-construction of water mains entered into with STW and the assets described at condition b) of these general conditions and precautions. Such apparatus is referred to as “STW Apparatus” in these general conditions and precautions.

b) Please be aware that due to The Private Sewers Transfer Regulations June 2011, the number of public sewers has increased, but many of these are not shown on the public sewer record. However, some idea of their positions may be obtained from the position of inspection covers and their existence must be anticipated.

c) On request, STW will issue a copy of the plan showing the approximate locations of STW Apparatus although in certain instances a charge will be made. The position of private drains, private sewers and water service pipes to properties are not normally shown but their presence must be anticipated. This plan and the information supplied with it is furnished as a general guide only and STW does not guarantee its accuracy.

d) STW does not update these plans on a regular basis. Therefore the position and depth of STW Apparatus may change and this plan is issued subject to any such change. Before any works are carried out, you should confirm whether any changes to the plan have been made since it was issued.

e) The plan must not be relied upon in the event of excavations or other works in the vicinity of STW Apparatus. It is your responsibility to ascertain the precise location of any STW Apparatus prior to undertaking any development or other works (including but not limited to excavations).

f) No person or company shall be relieved from liability for loss and/or damage caused to STW Apparatus by reason of the actual position and/or depths of STW Apparatus being different from those shown on the plan.

In order to achieve safe working conditions adjacent to any STW Apparatus the following should be observed:

1. All STW Apparatus should be located by hand digging prior to the use of mechanical excavators.

2. All information set out in any plans received from us, or given by our staff at the site of the works, about the position and depth of the mains, is approximate. Every possible precaution should be taken to avoid damage to STW Apparatus. You or your contractor must ensure the safety of STW Apparatus and will be responsible for the cost of repairing any loss and/or damage caused (including without limitation replacement parts).

3. Water mains are normally laid at a depth of 900mm. No records are kept of customer service pipes which are normally laid at a depth of 750mm; but some idea of their positions may be obtained from the position of stop tap covers and their existence must be anticipated.

4. During construction work, where heavy plant will cross the line of STW Apparatus, specific crossing points must be agreed with STW and suitably reinforced where required. These crossing points should be clearly marked and crossing of the line of STW Apparatus at other locations must be prevented.

5. Where it is proposed to carry out piling or boring within 20 metres of any STW Apparatus, STW should be consulted to enable any affected STW Apparatus to be surveyed prior to the works commencing.

6. Where excavation of trenches adjacent to any STW Apparatus affects its support, the STW Apparatus must be supported to the satisfaction of STW. Water mains and some sewers are pressurised and can fail if excavation removes support to thrust blocks to bends and other fittings.

7. Where a trench is excavated crossing or parallel to the line of any STW Apparatus, the backfill should be adequately compacted to prevent any settlement which could subsequently cause damage to the STW Apparatus. In special cases, it may be necessary to provide permanent support to STW Apparatus which has been exposed over a length of the excavation before backfilling and reinstatement is carried out. There should be no concrete backfill in contact with the STW Apparatus.

8. No other apparatus should be laid along the line of STW Apparatus irrespective of clearance. Above ground apparatus must not be located within a minimum of 3 metres either side of the centre line of STW Apparatus for smaller sized pipes and 6 metres either side for larger sized pipes without prior approval. No manhole or chamber shall be built over or around any STW Apparatus.

9. A minimum radial clearance of 300 millimetres should be allowed between any plant or equipment being installed and existing STW Apparatus. We reserve the right to increase this distance where strategic assets are affected.

10. Where any STW Apparatus coated with a special wrapping is damaged, even to a minor extent, STW must be notified and the trench left open until the damage has been inspected and the necessary repairs have been carried out. In the case of any material damage to any STW Apparatus causing leakage, weakening of the mechanical strength of the pipe or corrosion-protection damage, the necessary remedial work will be recharged to you.

11. It may be necessary to adjust the finished level of any surface boxes which may fall within your proposed construction. Please ensure that these are not damaged, buried or otherwise rendered inaccessible as a result of the works and that all stop taps, valves, hydrants, etc. remain accessible and operable. Minor reduction in existing levels may result in conflict with STW Apparatus such as valve spindles or tops of hydrants housed under the surface boxes. Checks should be made during site investigations to ascertain the level of such STW Apparatus in order to determine any necessary alterations in advance of the works.

12. With regard to any proposed resurfacing works, you are required to contact STW on the number given above to arrange a site inspection to establish the condition of any STW Apparatus in the nature of surface boxes or manhole covers and frames affected by the works. STW will then advise on any measures to be taken, in the event of this a proportionate charge will be made.

13. You are advised that STW will not agree to either the erection of posts, directly over or within 1.0 metre of valves and hydrants,

14. No explosives are to be used in the vicinity of any STW Apparatus without prior consultation with STW.

TREE PLANTING RESTRICTIONS

There are many problems with the location of trees adjacent to sewers, water mains and other STW Apparatus and these can lead to the loss of trees and hence amenity to the area which many people may have become used to. It is best if the problem is not created in the first place. Set out below are the recommendations for tree planting in close proximity to public sewers, water mains and other STW Apparatus.

15. Please ensure that, in relation to STW Apparatus, the mature root systems and canopies of any tree planted do not and will not encroach within the recommended distances specified in the notes below.

16. Both Poplar and Willow trees have extensive root systems and should not be planted within 12 metres of a sewer, water main or other STW Apparatus.

17. The following trees and those of similar size, be they deciduous or evergreen, should not be planted within 6 metres of a sewer, water main or other STW Apparatus. E.g. Ash, Beech, Birch, most Conifers, Elm, Horse Chestnut, Lime, Oak, Sycamore, Apple and Pear. Asset Protection Statements Updated May 2014

18. STW personnel require a clear path to conduct surveys etc. No shrubs or bushes should be planted within 2 metre of the centre line of a sewer, water main or other STW Apparatus.

19. In certain circumstances, both STW and landowners may wish to plant shrubs/bushes in close proximity to a sewer, water main of other STW Apparatus for screening purposes. The following are shallow rooting and are suitable for this purpose: Blackthorn, Broom, Cotoneaster, Elder, Hazel, Laurel, Privet, Quickthorn, Snowberry, and most ornamental flowering shrubs.

Manhole Reference Liquid Type Cover Level Invert Level Depth to Invert

3603 F 113 111.52 1.48

3701 F 113.86 112.02 1.84

4601 F 112.82 111.36 1.46

4602 F 112.54 111.08 1.46

4604 F 113.2 111.7 1.5

4703 F 113.78 112.38 1.4

5502 F 112.46 110.53 1.93

5602 F 112.31 110.69 1.62

5802 F 113 111.21 1.79

6502 F 113.44 0 0

6505 F 112.94 0 0

6506 F 112.93 110.14 2.79

6601 F - 0 0

6604 F 113.41 109.94 3.47

6701 F 112.39 111.63 0.76

6703 F 112.97 110.56 2.41

6705 F - 0 0

6710 F 112.99 111.16 1.83

6759 F 0 0 0

7602 F 114.19 111.99 2.2

7603 F 114.12 112.12 2

7605 F 114 112.22 1.78

7607 F 113.84 112.3 1.54

7609 F 113.84 112.37 1.47

7611 F 114.01 112.62 1.39

8501 F 114.24 112.19 2.05

8503 F 115.34 112.62 2.72

8602 F 113 111.09 1.91

8604 F 113.76 111.53 2.23

3652 S 113.02 110.36 2.66

3654 S 112.83 110.47 2.36

3655 S 113.51 111.24 2.27

4653 S 112.61 110.67 1.94

4655 S 113.21 111.36 1.85

4751 S 114.05 112.57 1.48

4752 S - 0 0

4754 S 114.36 111.9 2.46

5551 S 112.45 111.3 1.15

5553 S 112.3 111.45 0.85

5651 S 112.26 110.97 1.29

5653 S 112.52 111.17 1.35

5654 S 112.85 111.29 1.56

6551 S 113.49 112.61 0.88

6652 S - 0 0

6653 S - 0 0

6752 S 112.94 111.77 1.17

6754 S 112.81 0 0

6757 S 112.95 111.45 1.5



7651 S 114.18 112.4 1.78

7654 S 114.11 112.43 1.68

7656 S 114 112.54 1.46

7658 S 113.79 112.68 1.11

7660 S 113.87 112.79 1.08

7662 S 114.03 112.93 1.1

8552 S 114.27 112.55 1.72

8554 S 115.36 113.04 2.32

8651 S 113.04 111.51 1.53

8653 S 113.75 111.95 1.8

Our Ref: 374802 - 1

6758 S 113.1 111.71 1.39

7553 S 114.72 113.27 1.45

Our Ref: 374802 - 1

Based upon Ordnance Survey map data produced by South Staffs Water with the permission of the controller of Her Majesty's Stationery Office. © Crown Copyright South Staffs Water - 100022432

Contains Ordnance Survey © Crown copyright and database right 2020

[The Com pany have no sta tutory ob ligation to g ive in form ation about the pos ition ofthe ir m ains or o ther underground apparatus,but it is offered wil lingly for gener al gu idance only on the unders tanding that it is based on the bes t in form ation at pr es ent ava ilab le to the Com pany and no war ranty to it's correctnes s is given or implied. The p lan must not be re lied uponin the ev ent o f exc av ations or o ther works made in the v ic in ity o f the Com pany' sappar atus and any onus of locating the appar atus before using a m echanica lex cavator or o ther p lant res ts enti re ly upon your A uthori ty /Com pany. It m us t be understood that the furn ish ing of th is in for mation is wi thout pre jud ic e to the provisions of the New Roads and Str eet Works Ac t 1991, and of theCom pany's right to be com pensated for any damage to the Com pany 's apparatus .

Greenhatch - Walmley War

HydrantDecommissioned MainServiceMain

Meter

Valve (open)Valve (closed)

Scale 1:2,500Date: 19/03/2020

Green Lane, Walsall WS2 7PDTel: 01922 638282

https://www.south-staffs-water.co.uk/


APPENDIX H

War Memorial Quotation (for information only) Not to be included in costs

JDG/E2502

27th November 2020

Mr John Beggan

Felton Consult

Suite One,

17 Wrens Court,

Lower Queen Street,

Sutton Coldfield,

B72 1RT

Dear John

Walmley War Memorial

Following our recent re-visit to Walmley Memorial we have pleasure in amending our quotation to

reflect the works discussed below;

1. Cleaning to memorial and stone seating

2. Cleaning of existing brick wall to community centre (wasn’t discussed on site – approx. 40

m2). Single storey building

3. Repairs to memorial as noted on site

4. Repointing of memorial

5. Repairs and repointing to seating area – both back and front

6. Cleaning plaque and removing copper stain; sealing

All for the sum of £3,895.00 + vat

Further works relating to third party works;

1. Protection to memorial whilst the paving works are carried out

2. Revisit later next year for additional clean and removal of protection

All for the sum of £1,080.00 + vat

We trust we have interpreted your requirements correctly and look forward to hearing from you in

due course

Yours sincerely

For and on behalf of Midland Conservation Ltd

J D Graham

Jason D Graham

Director