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A179 EASINGTON ROAD ROUNDABOUT IMPROVEMENTS ENGINEERING AND CONSTRUCTION CONTRACT OPTION B Forms of Agreement and Bond Conditions of Contract
Incorporating Contract Data Parts One and Two Specification Bills of Quantities
D Wilson
Engineering Design Manager
Hartlepool Borough Council CONTENTS
Page Number Contents 3 Form of Agreement 4. Conditions of Contract 5. Contract Data Part 1 - Data Provided by the Employer 11. Contract Data Part 2 - Data Provided by the Contractor 12 Schedule of Cost Components
12. Appendix A - Form of Bond
13. Specification 14. Preamble to the Bills of Quantities 15. Bills of Quantities F O R M O F A G R E E M E N T THIS AGREEMENT made the ............................................... day
of ...................................... 20 ....... BETWEEN
............................................................................
................................................................... of
............................................................................
............................................................................
....in the Borough of
............................................................................
.......................................... (hereinafter called "the Employer") on the one part and
............................................................................
................ of ............................................................. in the
County of
...................................................................... (hereinafter called "the Contractor") of the other part. WHEREAS the Employer is desirous that certain Works should be constructed,
viz. the Permanent and Temporary Works in connection with A179 Easington
Road Roundabout Improvement Works, Hartlepool and has accepted an offer by
the Contractor for the construction and completion of such Works and
maintenance of the Permanent Works, NOW THIS AGREEMENT WITNESSETH as follows:- 1. In this Agreement words and expressions shall have the same meanings as
are assigned to them in the Conditions of Contract hereinafter referred to. 2. The following documents shall be deemed to form and be read and
construed as part of this Agreement, viz.:- (b) The Conditions of Contract
(c) Contract Data Part One
(d) Contract Data Part Two 3. In consideration of the payments to be made by the Employer to the
Contractor as hereinafter mentioned the Contractor hereby covenants with
the Employer to construct and complete the Works and maintain the Permanent
Works in conformity in all respects with the provisions of the Contract. 4. The Employer hereby covenants to pay to the Contractor in consideration
of the construction and completion of the Works and maintenance of the
Permanent Works the Contract Prices at the times and in the manner
prescribed by the Contract. IN WITNESS whereof the parties hereto have caused their respective Common
Seals to be hereunto affixed (or have hereunto set their respective hands
and seals) the day and year first above written.
The Common Seal of
............................................................................
..... Limited was hereunto
affixed in the presence of:-
The Common Seal of
............................................................................
............... Council was hereunto affixed in the presence of:-
CONDITIONS OF CONTRACT The Conditions of Contract shall be the NEC3 Engineering and
Construction Contract, June 2005 with Amendments 2006, Option B,
modified and added to as below.
CONTRACT DATA Part One - Data provided by the Employer Statements given in all contracts 1 General
. The conditions of contract are the core clauses and the clauses
for main Options B, dispute resolution Option W2 and secondary
Options X7, X13, X16, X18, Y(UK)2 and Z1 of the of the NEC
Engineering and Construction Contract 2005 with amendments 2006.
. The works are the A179 Easington Road/Throston Grange Lane
Roundabout
. The Employer is
Name Hartlepool Borough Council
Address Civic Centre,
Victoria Road
Hartlepool
TS24 8AY And includes the employers successors. . The Project Manager is Name David Wilson, Engineering Design Manager Address Bryan Hanson House,
Hanson Square
Hartlepool
TS24 7BT . The Supervisor is Name David Wilson, Engineering Design Manager Address Bryan Hanson House,
Hanson Square
Hartlepool
TS24 7BT . The Adjudicator is to be agreed should the need arise.
. The works information is in
Drawings:
PR289/H19/01- Site Clearance & Excavation
PR289/H19/02- Utility Locations
PR289/H19/03- Drainage and Ducting Details
PR289/H19/04- Lighting Works
PR289/H19/05- Setting Out and Kerbing Details
PR289/H19/06- Surface Finishes
PR289/H19/07- Street Furniture Details
PR289/H19/08- Road Markings
PR289/H19/09- Diversion Routes for Traffic management
PR289/H19/10- Traffic Management Phasing
PR289/H19/11- Site Boundary and Compound Area
PR289/H19/12 - Temporary Crossover Works
Specification
. The boundaries of the site are shown on Drawing PR289/H19/11
. The language of the contract is English
. The law of the contract is the law of England and Wales subject
to the jurisdiction of the courts of England and Wales
. The period for reply to a communication is one week . The Adjudicator nominating body is the Institution of Civil
Engineers . The tribunal is arbitration
3 Time
. The starting date is ........ 10th September 2012 . The access dates are Whole of the Site: The starting date . The Contractor submits revised programmes at intervals no longer
than 4 weeks. 4 Testing and Defects . The defects date is 52 weeks after completion of the whole of
the works
. The defects correction period is 4 weeks 5 Payment . The currency of this contract is pound sterling
. The assessment interval is 4 weeks
. The interest rate is 2.0% per annum above the base lending rate
of the National Westminster bank 6 Compensation events . The place where weather is to be recorded is on site
. The weather measurements to be recorded each month are
General description of precipitation, temperature, wind and any
unusual occurences. Contemporary records of the above and any
adverse impacts on the works are to be agreed with the
Supervisor 8 Risks and insurance
. The minimum limit of indemnity for insurance in respect of loss
of or damage to property (except the works, Plant and Materials
and Equipment) and liability for bodily injury to or death of a
person (not an employee of the Contractor) due to activity in
connection with this contract for any one event is £10,000,000.
. The amount of the minimum limit of indemnity for insurance in
respect of death of or bodily injury to employees of the
Contractor arising out of and in the course of their employment
in connection with this contract is £10,000,000 Optional statements
. The arbitration procedure is the Institution of Civil Engineers
Arbitration Procedure (1997) or any amendment or modification to
it in force when the arbitrator is appointed
. The period within which payments are made is four weeks. . The Contractor prepares forecasts of Actual Cost for the works
at intervals no longer than four weeks. . The completion date for the whole of the works is 3rd October
2012
. The Method of Measurement is the Method of Measurement for
Highway Works. Option X7 is used . Delay damages for Completion of the whole of the works are £300
per day
Option X13 is used
. The amount of performance bond is £25,000
Option X16 is used
. The retention free amount is nil.
. The retention percentage is 5% up to a maximum of £12,500 Option Z1 is used . The additional conditions of contract are
CLAUSE 101
Prompt Payment of Sub-Contractors For the purposes of performing this Contract any sub-contract
for works entered into by the Contractor shall provid