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1 Penydarren, Merthyr Tydfil External Wall Insulation, Heating & Electrical Installer Mini Tender Part C

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Page 1: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

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Penydarren, Merthyr Tydfil External Wall Insulation, Heating & Electrical Installer Mini Tender Part C

Page 2: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

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CONTENTS CONTRACT DATA – PART ONE

Part One – Data provided by the Contractor (Melin Homes)

Form of parent company guarantee for the purpose of Option X4

Sub Contactor Warranty

Subcontract Completion Date and Programme

The Subcontract Works Information

The Site Information

Contract Management Tools

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Contract Data Part 1

Part One – Data provided by the Contractor

Form of parent company guarantee for the purpose of Option X4

Sub Contactor Warranty

Subcontract Completion Date and Programme

The Subcontract Works Information

The Site Information

Contract Management Tools

The Contractor in terms of the Mini Tender is the Scheme Manger, Melin Homes

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CONTRACT DATA PART ONE – DATA PROVIDED BY THE CONTRACTOR

1. General

• The conditions of contract are the core clauses and the clauses for main Option C: Target Cost contract and Secondary Options X4, X5, X7, X16, Y(UK) 2, Y (UK) 3, W2 and Z of the NEC Engineering and Construction Subcontract, (June 2005) (with amendments June 2006 and 2011).

• The works in the main contract are heating and plumbing and electrical works in Penydarren, Merthyr Tydfil.

• The subcontract works are [DESCRIPTION TO BE INSERTED ONCE AGREEMENT HAS BEEN REACHED IN ACCORDANCE WITH THE TERMS OF THE FRAMEWORKAGREEMENT]

• The Total Project Value is £[TO BE COMPLETED ONCE AGREEMENT HAS BEEN REACHED IN ACCORDANCE WITH THE TERMS OF THE FRAMEWORK AGREEMENT]

• The Contractor is Melin Homes

Name: David Bolton

Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ

• The Employer in the main contract is Melin Homes

Name: David Bolton

Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ

• The Project Manager in the main contract is Melin Homes

Name: David Bolton

Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ

Page 5: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

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• The Supervisor in the main contract is Melin Homes

Name: David Bolton

Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ

• The Adjudicator is [as set out in APPENDIX 3 to the Contract Data Part One]

• The Subcontract Works Information is in

APPENDIX 4 – SUBCONTRACT WORKS INFORMATION

• The Site Information is in

APPENDIX 5 – SITE INFORMATION

• The boundaries of the site are: TO BE DETERMINED & INSERTED ONCE AGREEMENT HAS BEEN REACHED IN ACCORDANCE WITH THE TERMS OF THE FRAMEWORK AGREEMENT

• The language of the subcontract is English

• The law of the subcontract is the law of England and Wales as applied in Wales subject to the exclusive jurisdiction of the Courts of England and Wales sitting at Cardiff

• The period for reply to a communication is two (2) weeks

• The Tribunal is Litigation

• The following matters will be included in the Risk Register:

Quality assurance in installation of EWI

Customer Service to Householders

Client Management

Communication with Suppliers & Clients

Health & Safety during installation

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3. Time

• The subcontract starting date is 6th August 2014

• The subcontract access dates are

Part of the Site Date

1. Mobilisation phase 11th August 2014

2. Property delivery 25th August 2014

3. Scheme completion 15th March 2015

All dates will be confirmed following confirmation of works programme from Wales and West Utilities.

The Subcontractor submits revised programmes at intervals no longer than four (4) weeks alternatively calendar monthly

4. Testing and Defects

• The defects date is 52 Weeks after Completion of the whole of the subcontract works

• The defect correction period is two (2) weeks

5. Payment

• The currency of this subcontract is the pound sterling (£)

• The assessment interval is four (4) weeks alternatively calendar monthly

• The interest rate is 2% per annum above base rate. Base rate is calculated by reference to the Bank of England base rate on 31 December or 30 June depending on when the date of the debt falls due. If the debt falls due in the first half of the year the base rate published on 31 December is used. For debts falling due in the second half of the year the base rate applicable on 30 June is used.

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6. Compensation Events

• The place where weather is to be recorded is: [ Penydarren, Merthyr Tydfil] details of which are available from: The Met Office Commercial Services, Fitzroy Road, Exeter, EX1 3PB

• the weather measurements to be recorded each Calendar month are:

o the cumulative rainfall (mm)

o the number of days with minimum air temperatures less than Zero degrees Celsius

o the number of days with snow lying at [09.00] hrs GMT

• and these measurements [List any others required [none]]

• The weather measurements are supplied by:

• The weather data are the records of past weather measurements for each calendar month which were recorded at: [Penydarren, Merthyr Tydfil]

And which are available from

The Met Office Commercial Services,

Fitzroy Road,

Exeter,

Devon, EX1 3PB,

telephone 0870 900 0100

facsimile 0870 900 5050

Where no recorded data are available

• Assumed Value for ten years return weather data for each weather measurement for each calendar month are:

……………………………………………………………….

……………………………………………………………….

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8. Risks

The minimum amount of cover or minimum limit of indemnity to be provided by the Subcontractor pursuant to Clause 84.2 is as follows:

• A public and product liability insurance policy with a limit of indemnity of at least ten million pounds sterling (£10,000,000.00) each and every event or series of events arising from the same occurrence or series of occurrences, to include loss of or damage to property of the Subcontractor and its staff including the, to remain in force during the Term and for a period of twelve (12) years after Completion of the whole of the Works.

• The amount of the minimum limit of indemnity for insurance in respect of death or bodily injury to employees of the Subcontractor arising out of and in the course of their employment in connection with this contract for any one event is

£5,000,000.00 (five million pounds sterling) or the statutory minimum required from time to time if higher

The additional insurances which the Subcontractor provides pursuant to Clause 84.1 are as follows:

• [Adjacent Property Insurance] [TO BE CONSIDERED/ DURING IMPLEMENTATION PLAN STAGE]

• Professional Indemnity Insurance

The amount of the minimum limit of indemnity for Professional Indemnity Insurance for design liability in connection with this contract (to remain in force during the Term and for a period of twelve (12) years after Completion of the whole of the Works) is:

Five million pounds (£5,000,000) for each and every event or series of events arising from the same occurrence or series of occurrences

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Optional Statements

• The tribunal is the Courts of England and Wales sitting at Cardiff

• The dispute resolution procedure is Litigation

If the Contractor has decided the subcontract completion date for the whole of the subcontract works

• The subcontract completion date for the whole of the subcontract works is 15th March 2015

If the Contractor is not willing to take over the subcontract works before the Subcontract Completion Date

• The Contractor is not willing to take over the subcontract works prior to the Subcontract Completion Date

If the Contractor has identified work which is to meet a stated condition by a Key Date, Note all dates are subject to planning approval.

• The Key Dates and conditions to be met are

Condition to be met key date

1 Mobilisation 11th August 2014

2 Start on Site 25th August 2014

3 Completion on site 15th March 2015

If Y (UK)2 is used and the final date for payment is not 14 days after the date when payment is due

• The period for payment is n/a

Optional Statements

The Subcontractor’s share percentages and the share rates are applied to the Stages of the scheme as follows:

share range Subcontractor’s share percentage

less than 97.5% Nil%

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from 97.5% to 100% 50%

greater than 100% 100%

• The Subcontractor prepares forecasts of Defined Cost for the works at intervals no longer than four (4) weeks

Option X4 is used

• The required form of Parent Company Guarantee is appended at 1.

If Option X5 is used

• The subcontract completion date for each section of the subcontract works is

Section Description Completion date

Part of the Site Date

1. Mobilisation phase 11th August 2014

2. Property delivery 25th August 2014

3. Scheme completion 15th March 2015

If Options X5 and X7 are used together

• Delay damages for each section of the subcontract works are

Section Description Amount per day

1. [ ] to be determined on a scheme by scheme basis

2. [ ]

3. [ ]

4. [ ]

If Option X7 is used (but not if Option X5 is also used)

• Delay damages for the whole of the subcontract works are [ ] per day

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If Option X16 is used

• The retention free amount is nil

• The retention percentage is 5%

If Option Y(UK) 3 is used

• term person or organisation

……………………… …………………………………………

……………………… …………………………………………

……………………… …………………………………………

……………………… ………………………………………….

If Option Z is used

• The additional conditions of contract are

Z1 Delete clause 11.2(3) and insert:

“The Subcontract Completion Date is when the Subcontractor has

• done all of the works which the Subcontract Works Information states he is to do by the subcontract completion date and

• corrected all Defects which would have prevented the Employer or the Contractor from using the subcontract works or Others from doing their work.

Z2 Clause 11.2(4) Delete and replace with:

“The Subcontract Date is the date of this agreement or (if earlier) the date when the Subcontractor first begins to provide the subcontract works.”

Z3 Clause 11.2(5) add after “subcontract works” in the first bullet point:

“(which term, as used in this contract, includes any design of the subcontract works by the Subcontractor)”

Z4 Amend Clause 11.2 (25) add additional bullet point before the works “and the cost of” as follows

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• any costs which the Contractor does not recover from the Employer due to breach of Schedule 8 of the Services Agreement in relation to the subcontract works.

Z5 Delete clause 11.2(29) and replace with:

“the Price for Work Done to Date is the total Defined Cost attributable to subcontract works carried out in accordance with the subcontract up to the assessment date, which the Subcontractor has paid at the time of the assessment date or is committed to pay before the next assessment date (under contracts the Subcontractor has entered into to provide the subcontract works) plus the Fee applicable to that total Defined Cost provided that the Price for Work Done to Date shall not exceed the Prices.”

Z6 Delete clause 11.2(30) and insert:

“The Prices are the lump sum prices for each of the activities on the Activity Schedule unless later adjusted in accordance with this subcontract.

Z7 Insert new clause 11.2 (31)

“the Framework Agreement is the agreement dated [ ] between the Contractor and the Subcontractor”.

Z8 Insert new Clause 11.2 (32)

“Total Project Value” means the Prices, provided that the Total Project Value shall be deemed to be varied from time to time to accord with any change to the Prices in accordance with this subcontract.

Z9 Insert new Clause 11.2 (33)

“Confidential Information” means any information, however conveyed or presented, that relates to the business, affairs, operations, customers, processes, budgets, pricing policies, product information, strategies, developments, trade secrets, know-how, personnel and suppliers of the disclosing party, together with all information derived by the receiving party from any such information and any other information clearly designated by a party as being confidential to it (whether or not it is marked “confidential”), or which ought reasonably be considered to be confidential, subject in all cases to the Contractor’s obligations under the FOIA and the EIR.

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Z10 Insert new Clause 11.2 (34)

“Data Protection Legislation” means the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and all Applicable Law relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner.

Z11 Insert new Clause 11.2 (36)

“Open-book” means the sharing by the Subcontractor with the Contractor and the Employer of any and all of its accounts, documents, records, books, ledgers, bank statements, tapes, discs, files, folders, receipts, third party invoices, vouchers, VAT returns, computer data or other evidence that the Subcotnractor keeps, or should responsibly keep for the purpose of accurately ascertaining and demonstrating the costs incurred and profit made in delivery the subcontract works (on the basis that the Subcontractor acknowledges that the Contractor is entitled to production and inspection of the same).

Z12 Insert new Clause 11.2(37)

“Requisite Consents” means the building regulation consents, planning permissions, by-law approvals and any other consents, licences, requirements, permissions, approvals, permits, agreements and authorisations and other such documents as identified in the Subcontract Works Information required from any competent authority (including in relation to fire safety), statutory undertaker or person either for the carrying out of the subcontract works or for its intended use.

Z13 Clause 15.1 delete second sentence and replace with:

“A reason for not accepting is that the proposed area is either not necessary for Providing the subcontract works or used for work not in this subcontract, adding to the Working Area in the way proposed will interfere with the Contractor’s activities or use of property or cause it to suffer or incur additional

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loss or costs or the Contractor is not entitled to allow the additional area to be used”.

Z14 Delete clause 16.1 and replace with:

“The Subcontractor and the Contractor give an early warning by notifying the other as soon as either becomes aware of any matter which could

• Increase the total of the Prices,

• delay Completion,

• delay meeting a Key Date,

• impair the performance of the subcontract works in use, or

• change the Accepted Programme.

The Subcontractor may give an early warning by notifying the Contractor of any other matter which could increase his total cost. The Contractor enters early warning matters in the Risk Register. Early warning of a matter for which a compensation event has previously been notified is not required.

Z15 Clause 16.4 delete and replace with:

“The Contractor records decisions made at risk reduction meetings and issues confirmation in writing to the Subcontractor. If a decision needs a change to the Subcontract Works Information, the Contractor instructs a change to the Subcontract Works Information separately from any confirmation of decisions made in risk reduction meetings.”

Z16 If there is any ambiguity or inconsistency in or between the documents which are part of this contract, the priority of the documents is in accordance with the following sequence:

• the additional conditions of contract under these Z clauses

• the conditions of contract and

• the other documents

The Contractor or the Subcontractor notifies the other as soon as either becomes aware of any such ambiguity or inconsistency in or between the

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documents which are part of this contract. The Contractor gives an instruction resolving the ambiguity or inconsistency. Notwithstanding any other provision of this contract, any such ambiguity, inconsistency and/or instruction is not a compensation event and does not result in any increase in the Prices or any delay to the Subcontract Completion Date.”

Z17 Delete Clause 19

Z18 Replace existing Clause 21.1 with new Clause 21.1 as follows:-

“21.1 Subcontractor’s Design

“Notwithstanding any other provision of this contract, insofar as the design of the works is comprised in the Works Information referred to in Contract Data (Part one – Data provided by the Contractor), the Subcontractor has examined and accepts full responsibility for such design. The Contractor and the Subcontractor agree that this contract governs all work by or on behalf of the Subcontractor necessary to provide the subcontract works in accordance with the Subcontract Works Information whether the Subcontractor has provided or provides such work before or after the date hereof.”

Z19 Insert new clause 21.4:

“The Subcontractor acknowledges that he has exercised and will continue to exercise in the design of the subcontract works all reasonable skill and care as may be expected of a properly qualified designer of the appropriate discipline(s) for such design, experienced in carrying out works of a similar scope, nature, timescale and complexity and on a similar site or at a similar location to the subcontract works and the Subcontractor accepts sole and exclusive responsibility for the design of the subcontract works and for the selection and standards of all materials, goods and workmanship forming part of the subcontract works, including without limitation:

(1) all and any design and other work undertaken in relation to the subcontract works before the Subcontract Date by any other person whether by or on behalf of the Subcontractor or by or on behalf of the Contractor and

(2) all and any design and other work undertaken in relation to the subcontract works after the Contract Date by any other person on behalf of the Subcontractor

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and all such design and other work undertaken by any such person shall be treated for all the purposes of this contract as undertaken by the Subcontractor. Further, without limitation, the Subcontractor warrants that the subcontract works and the Site shall, as at the date of Completion of the subcontract works, comply with all performance specifications contained in the contract and all statutory requirements applicable at the Subcontract Date.”

Z20 Delete the second sentence in clause 26.2 and replace with:

“A reason for not accepting the Subsubcontractor is

• that his appointment will not allow the Subcontractor to provide the Works,

• the Contractor has reasonable grounds for concern in relation to the Subsubcontractor’s experience, financial standing, insurance cover or status.

Z21 Delete Clause 26.3 and add the following

“The Subcontractor submits the proposed conditions of contract without limitation including any Contract Data for each subcontract to the Contractor for acceptance unless the Contractor has agreed that no submission is required.

The Subcontractor does not appoint a Subsubcontractor on the proposed subcontract conditions submitted until the Contractor has accepted them. A reason for not accepting them is that

• they will not allow the Subcontractor to Provide the subcontract works or

• they do not include a statement that the parties to the subsubcontract shall act in a spirit of mutual trust and co-operation

• the subsubcontract does not represent best value

• the subsubcontract does not incorporate agreed rates or fee percentages

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• the subsubcontract is inconsistent with the requirements of this sub contract (including without limitation the Subcontractor being in a no better position than the Subcontractor would be if the Subcontractor had not subsubcontracted the subcontract works)

• the subsubcontractor payment terms are more onerous than the payment terms contained in this subcontract.

• the limitation period for the subsubcontract is less than 12 years

Z22 Delete clause 26.4

Z23 Clause 31.3 add as a new bullet point:

• “it is more onerous on the Contractor, the Employer or Others”

Z24 Add as a new clause 46

“Nothing in the clauses 44-45 affects any other right or remedy under the contract or at law, including (without limitation) the Contractor’s right to claim damages for a Defect as a breach of contract”.

Z25 Replace existing Clauses 52.2 and 52.3 with the following new Clauses 52.2 and 52.3:

“52.2 The Subcontractor keeps

• accounts of his payments of Defined Cost

• records showing any payments that have been made

• records of communications and calculations relating to the assessment of compensation events including those for Subsubcontractors and

• other accounts and records as stated in the Subcontract Works Information.

52.3 The Subcontractor allows the Contractor and/or the Contractor’s independent costs advisor and/or the Employer to inspect at any time within working hours the records which he is required to keep.”

Z26 Replace 60.1(11) with the following new clause:

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“60.1(11) A test or inspection done by the Contractor or the Supervisor where no Defect is found, causes unnecessary delay.”

Z27 Delete Clause 60.1(19)

Z28 Insert new Clause 61.8

“If the Subcontractor believes that the issue of any instruction or information (including any confirmation of a decision made at a risk reduction meeting) by the Contractor (not expressed to be a change to the Subcontract Works Information) constitutes or will give rise to a compensation event, the Subcontractor must, (save in circumstances of emergency) as soon as reasonably practicable and in any case before acting on the instruction or other information, notify the Contractor and allow the Contractor time to consider the impact of the instruction or other information in relation to the Subcontractor’s notice.”

Z29 Insert new Clause 63.16

“Where a compensation event or its effect is in part attributable to the Subcontractor’s fault, the Prices, Completion Date or Key Dates are not changed to the extent attributable to the Subcontractor’s fault.”

Z30 Employer’s title to plant and materials

Delete Clause 70 and replace with the following:

“70 Contractor’s title to Plant and Materials

70.1 The cost of Plant and Materials outside the Working Area is excluded from the Price for Work Done to Date unless

• the Subcontractor demonstrates to the satisfaction of the Contractor that the Subcontractor has unencumbered title to the Plant and Materials,

• the Plant and Materials is clearly and visibly marked as for the Contractor and this subcontract,

• the Plant and Materials is insured against loss or damage while stored or in transit to the Working Areas for its full reinstatement value under a policy of insurance protecting the interests of the

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Parties in respect of the usual insured risks for the period until it is brought within the Working Areas.

70.2 Where the cost of Plant and Materials outside the Working Areas is included in the Price for Work Done to Date

• the Subcontractor’s title in the Plant and Materials passes to the Contractor,

• the Subcontractor does not remove it from where it is stored except for the use on the subcontract works and

• the risk of loss or damage to the Plant and Materials remains with the Subcontractor.

70.3 The cost of the Plant and Materials within the Working Areas is excluded from the Price for Work Done to Date unless

• title in the Plant and Materials has already passed to the Contractor under clause 70.2 or

• the Subcontractor demonstrates to the satisfaction of the Contractor that the Subcontractor has unencumbered title in the Plant and Materials.

70.4 The Subcontractor’s title in Plant and Materials passes to the Contractor when it is brought within the Working Areas, but (subject to clause 80.1) the risk of loss or damage to the Plant and Materials remains with the Subcontractor.

70.5 The Subcontractor does not remove Plant and Materials within the Working Areas from where it is stored except for use on the subcontractworks or with the Contractor’s permission.

70.6 The title to Plant and Materials passes back to the Subcontractor if it is removed from the Working Areas with the Contractor’s permission.

Z30A [FOR INSTALLATION CONTRACTS ONLY]

70.7 The cost of Plant and Materials provided by the Contractor to the Subcontractor outside the Working Area is excluded from the Price for Work Done to Date. The Plant and Materials provided by the

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Contractor to the Subcontractor is clearly and visibly marked as for the Contractor and this subcontract. The Contractor’s title in the Plant and Materials provided to the Subcontractor does not pass to the Subcontractor.

70.8 The Plant and Materials provided by the Contractor to the Subcontractor is insured by the Subcontractor against loss, theft or damage while stored or in transit to the Working Areas for its full reinstatement value under a policy of insurance protecting the interests of the Parties in respect of the usual insured risks for the period until it is brought within the Working Areas.

Z31 Amendments to clause 80.1 –

Bullet point 4, delete the 4th bullet point and replace with:

• fault of the Contractor or the Employer (excluding for the avoidance of doubt a fault in any design for which the Subcontractor has responsibility under this contract).

Bullet point 7, second line after ‘power,’ add ‘terrorism,’

Z32 Clause 82 - at the end add

“The Subcontractor shall only proceed with the Contractor’s express instruction to do so where the relevant loss or damage is the Contractor’s Risk under clause 80 and the Subcontractor shall obtain the Contractor’s prior consent where the Contractor has possession of the relevant part of the Site at the relevant time”.

Z33 Clause 84 Insurance

Insert a new Clause 84.3

“Where any of the insurances required to be provided by the Subcontractor are in the aggregate, the Subcontractor shall inform the Contractor of any claim which is likely to have a material effect on the amount of cover or limit of indemnity available to the Contractor under that insurance, as soon as reasonably possible after becoming aware of such claim”.

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Z34 Add as a new clause 92.3:

“The Subcontractor is not entitled to the Subcontractor’s share if termination has taken place in accordance with clause 91.1 of this contract or if termination has taken place in accordance with clause 91.2, 91.3, 91.5, or 91.6 (R.18) of this contract.

Z35 Procedures on termination new clause 92.4

The Subcontractor hands over to the Contractor all hard copy and electronic data for the Subcontractor’s design including material prepared by a Subcontractor, the Subcontract Works Information for the Subcontractor’s design and Site Information obtained so far as prepared at termination. At such termination the Contractor has the right to use such material for completion of the subcontract works. (P5)

Z35.1 The Subcontractor will provide to the Contractor at project inception stage a monthly expenditure cashflow for the subcontract works which aligns with the project programme together with a sub co-ordinating individual expenditure cashflow for each of the separate elemental projects (and/or sections of the subcontract works) (which together make up the overall master programme).

Z35.2 The expenditure cashflows will indicate the anticipated cashflows required from the inception of the subcontract works right through to Completion of the subcontract works. The Subcontractor will also be required to monitor and update the cashflows to align with any adjustments to the project delivery timescales.

Z36 In relation to the Schedule of Cost Components paragraph 7 (Insurance) add the following:

71 “The following insurances – Subcontractor’s All Risk Insurance, Existing Buildings Insurance, Employer’s Liability, Third Party/Public Liability and Professional Indemnity are not part of the Defined Cost.”

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Z37 Option Y(UK)2

Z37.1 Delete existing clause Y2.1(1) and replace with the following new clause:

“The Act is the Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009.”

Z37.2 Delete the existing third paragraph of clause Y2.2 and replace with the following:

“The Contractor’s certificate is the notice of payment to the Subcontractor specifying the amount due at the payment due date (the notified sum) and stating the basis on which the amount was calculated.”

Z37.3 Delete the existing clause Y2.3 and replace with the following:

“If either Party intends to pay less than the notified sum, he notifies the other Party not later than seven days (the prescribed period) before the final date for payment by stating the amount considered to be due and the basis on which that the sum is calculated. A Party does not withhold payment of an amount due under this contract unless he has notified his intention to pay less than the notified sum as required by this contract.”

Z38 Dispute Resolution

Z38.1 The Contractor and the Subcontractor will endeavour to notify each other of any anticipated dispute under this subcontract so that it can be avoided by negotiation between them.

Z38.2 The Contractor and the Subcontractor will endeavour to resolve any dispute under this subcontract which does arise by direct negotiation in good faith between senior executives. Each of them will give serious consideration to any request by the other to refer the dispute to Mediation if it cannot be resolved by direct negotiation.

Z39 Assignment – New Clause

The Contractor has the right to assign this contract without having to seek the Subcontractor’s consent. The Subcontractor may not assign the benefit of this subcontract without the consent of the Contractor.

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Z40 Legislation

Z40.1 The Subcontractor Provides the subcontract works in a proper and workmanlike manner and in compliance with all statutes, statutory instruments, regulations, rules and orders made under any statute or directive having the force of law which affect the subcontract works or performance of any obligations under this contract and any regulation or byelaw of any local authority or statutory undertaker which has any jurisdiction with regard to the subcontract works or with whose systems the subcontract works are, or are to be, connected.

Z40.2 The project that comprises or includes the subcontract works is notifiable for the purposes of the Construction (Design and Management) Regulations 2007 (the “CDM Regulations”). The Subcontractor is a contractor under the CDM Regulations in respect of the subcontract works and performs all the functions and obligations required to be performed by the contractor under the CDM Regulations.

Z41 Open Book accounting and Audit

Z41.1 Open–book accounting shall apply in relation to the subcontract works provided by the Subcontractor or its subsubcontractors and the payment for subcontract works. The Sub Contractor shall maintain complete and accurate records of, and supporting documentation (including but not limited to receipted invoices, bank

statements, timesheets and organisational ledgers) for, all amounts which may be chargeable to the Contractor pursuant to this subcontract. Such records shall be retained for inspection by the Subcontractor for seven (7) years from the date of expiry or termination of this Subcontract.

Z41.2 The Subcontractor shall allow the Contractor and any auditors of or other advisers to the Contractor to access any of the Subcontractor’s premises, personnel and relevant records as may be reasonably required in order to:

• fulfil any legally enforceable request by the Welsh Government or any regulatory body; or

• undertake verifications of the accuracy of the Defined Cost, the Prices and Price for Work Done to Date; or

• undertake verification that the subcontract works are being provided in accordance with this subcontract; or

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• identify suspected fraud.

Z41.3 The Contractor shall use its reasonable endeavours to ensure that the conduct of each audit does not unreasonably disrupt the Subcontractor or delay the provision of the subcontract works by the Subcontractor and that, where possible, individual audits are co-ordinated with each other to minimise any disruption.

Z41.4 The Subcontractor shall provide the Contractor (and its auditors and other advisers) with all reasonable co-operation, access and assistance in relation to each audit.

Z41.5 The Contractor shall provide at least ten days notice of its intention to conduct an audit unless such audit is conducted in respect of a suspected fraud, in which event no notice shall be required.

Z41.6 The parties shall bear their own costs and expenses incurred in respect of compliance with their obligations under this clause Z [40], unless the audit identifies a material default by the Subcontractor, in which case the Subcontractor shall reimburse the Contractor for such proportion of its costs incurred in the course of the audit as is fair and reasonable having regard to the nature and severity of the breach and its consequences.

Z41.7 If an audit identifies that the Subcontractor has failed to perform its obligations under this subcontract then, without prejudice to the other rights and remedies of the Contractor, the Subcontractor shall take the necessary steps to comply with its obligations at no additional cost to the Contractor.

Z42 EDRF

Z42.1 The Subcontractor acknowledges that the Employer has received ERDF funding for the works in form of a grant and that the Contractor has agreed to comply with the provisions set out in Schedule 8 of the Services Agreement. The Subcontractor shall provide such information about the subcontract works as the Contractor shall reasonably require. The Subcontractor shall perform their obligations under this Agreement in such a way so as not to cause the Contractor to breach any of its obligations under Schedule 8 of the Services Agreement.

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Z42.2 If the Subcontractor is in breach of this Z clause 44 and/or breach of this subcontract such that as a result of this breach the Contractor has to repay the Employer pursuant to the provisions of Schedule 8 of the Services Agreement, then the Subcontractor shall be liable for the amount of this repayment, which shall be treated as a Disallowed Cost pursuant to the terms and conditions of this subcontract.

Z43 CONFIDENTIALITY/FOI/DATA PROTECTION

Z43.1 The Contractor and Subcontractor (each referred to here as a “Relevant Party”) shall keep confidential all Confidential Information. Each Relevant Party shall use all reasonable endeavours to prevent their sub-contractors, employees and agents from making any disclosure to any person of any Confidential Information. The Contractor shall not be in breach of this subcontract by reason of anything it does the purpose of which is to secure compliance with any statutory duty including the Freedom of Information Act 2000 and the Environmental Information Regulations or any extension or amendment to those. This clause shall not prevent the disclosure of Confidential Information:-

• by a Relevant Party to its professional advisors;

• reasonably required by, or to, persons engaged in the performance of obligations under this subcontract ;

• which the disclosing Relevant Party can demonstrate is already generally available and in the public domain otherwise than as a result of a breach of this clause;

• which is required by any law or the rules of any stock exchange or governmental or regulatory authority having the force of law;

• which is already lawfully in the possession of the receiving Relevant Party, prior to its disclosure by the disclosing Relevant Party, and which is not subject to an obligation of confidentiality;

• to the Welsh Government or any other body controlled by the Welsh Government; or

• for any audit or examination of the economy, efficiency and effectiveness with which the subcontractor has used its resources.

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Z43.2 The Subcontractor shall comply with all relevant provisions of the Data Protection Legislation (and any replacement or amendment to it). The Subcontractor shall, comply at all times with the Data Protection Legislation and shall not perform their obligations under this subcontract in such a way as to cause either the Contractor or the Employer to breach any of its obligations under the Data Protection Legislation. The Subcontractor shall immediately notify the Contractor in the event that it becomes aware of any breach by of the Data Protection Legislation or any subsubcontractors.

Z43.3 The Subcontractor shall indemnify the Contractor and keep the Contractor indemnified against all losses, damages, costs or expenses and other liabilities(including legal fees) incurred by, awarded against or agreed to be paid by the Contractor arising from any breach of the Subcontractor’s obligations under this z clause [ ] except and to the extent that such liabilities have resulted directly from the Contractor’s instructions

Z44 NOVATION

Within 14 days of the date of a notice given by or on behalf of the Contractor, the Subcontractor shall execute as a deed and deliver to the Contractor a novation agreement with the Employer and the Contractor.

Z45 WARRANTIES

The Subcontractor when requested by the Contractor is required to procure and deliver a subcontractor warranty in favour of the Employer in the form contained at Appendix 2. If the Subcontractor defaults in the execution or the delivery of the subcontract warranty, in addition to any other right which the Contractor may have, the Contractor may suspend payment of any sum due to the Subcontractor under this subcontract until the Subcontractor has remedied its default.

Z46 Third Party Agreements

Z46.1 Copies of the whole or parts of the following agreements:

[“the Services Agreement”]

(excluding matters related to price and payment) have been or will be provided to the Contractor and such agreements or parts are referred to in this clause “the Third Party Agreements”.

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Z46.2 The Subcontractor shall design, carry out and complete the construction of the subcontract works in conformity with the Contractor’s obligations under the Third Party Agreements including, without limitation, those relating to provision of information, audit and payment.

Z46.3 The Subcontractor undertakes to the Contractor that he has performed and shall continue to perform his obligations under this subcontract in such manner and at such times so that no act, omission or default of the subcontractor or any of its employees or subsubcontractors shall constitute, cause or contribute to any breach by the Contractor of any of its obligations under the Third Party Agreements.

Z47 Transfer of rights

The Contractor owns the Subcontractor’s rights over material prepared for this subcontract by the Subcontractor except as stated otherwise in the Subcontract Works Information. The Subcontractor obtains other rights for the Contractor as stated in the Subcontract Works Information and obtains form a subsubcontractor equivalent rights for the Contractor over the material prepared by the subsubcontractor. The Subcontractor provides to the Contractor the documents which transfer these rights to the Contractor.

Z48 Subcontractor’s employees

Z48.1 The Subcontractor shall ensure that each of the Subcontractor’s employees is suitably qualified, adequately trained and capable of providing the subcontract works and that there are an adequate number of employees to provide the subcontract works properly.

Z48.2 The Subcontractor shall maintain up-to-date personnel records in relation to its employees engaged in the provision of the subcontract works and shall provide, on request, reasonable information to the Contractor.

Z48.3 The Subcontractor shall use its best endeavours to ensure continuity of employees and to ensure that the turnover rate of its staff engaged in the provision or management of the subcontract works is at least as good at the prevailing industry norm for similar services, locations and environments.

Z48.4 The Employer may refuse to grant access to, and remove from, its premises, any of the Subcontractor’s employees who do not comply with its policies, or if they otherwise present a security threat or a threat to health and safety.

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Z48.5 The Subcontractor will ensure that appropriate Criminal Records Bureau checks have been undertaken for any of its employees that are likely to come into contact with children and young people during the course of providing the subcontract works. Evidence that these checks have been performed shall be presented to the Contractor once they have been completed.

Z48.6 The Subcontractor shall provide evidence to confirm that arrangements for the employment of all its employees involved in providing the subcontract works complies with current legislation and best practice for working with children, including policies on confidentiality and safeguarding children, collection, processing and storage of data and information. The subcontractor will also demonstrate at reasonable intervals its arrangements to ensure that all contact with children and young people is sensitive to issues such as age, understanding, gender, ethnicity, culture, language and the circumstances of the child/young person.

Z49 Ammendments to the Schedule of Cost Components

Add to the Schedule of Cost Components the following items:

a) Catering

b) Medical facilities and first aid

c) Recreation

d) Sanitation

e) Security

f) Copying

g) Telephone, telex, fax, radio and CCTV

h) Surveying and setting out

i) Computing

j) Hand tools not powered by compressed air

Z50 Delete the entire of Point 44 of the Schedule of Cost Components

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Form of parent company guarantee for the purpose of Option X4

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Sub Contractor Warranty

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Dated [insert date]

(1) THE WELSH MINISTERS

(2) [CONTRACTOR]

(3) [SUB-CONTRACTOR]

WARRANTY to THE WELSH MINISTERS associated with the design and construction of the Works at Penydarren, Merthyr Tydfil

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DATE

BETWEEN

(1) THE WELSH MINISTERS whose principal office is at Cathays (“the Beneficiary” which expression includes any successors to it in the exercise of its functions and also any successors and assigns permitted under this Agreement); and

(2) [FULL COMPANY NAME] incorporated and registered in England and Wales with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS] (the “Contractor”) [ ]); and

(3) [FULL COMPANY NAME] incorporated and registered in England and Wales with company number [NUMBER] whose registered office is at [REGISTERED OFFICE ADDRESS] (the “Sub-Contractor”),

(together, the “Parties”)

WHEREAS

(A) The Beneficiary and the Contractor have entered into an agreement dated [INSERT DATE] in respect of the delivery of Phase 2 of the “arbed programme” (the “Services Agreement”);

(B) By a contract in the form of an NEC 3 Option C Engineering and Construction Contract between the Contractor and the Beneficiary dated [ ] (“the Implementation Contract”) the Beneficiary has engaged the Contractor in relation to the design and construction of the Works;

(C) The Contractor has appointed the Sub-Contractor to perform certain works and/or services under the terms of the Sub-Contract in relation to the [design and] construction of the Works in connection with the Contractor’s obligations under the Implementation Contract;

(D) It is a term of the Implementation Contract and the Services Agreement that the Sub-Contractor enters into this Deed for the benefit of the Beneficiary and its successors in title and assigns,

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IT IS AGREED as follows:

1. Definitions and Interpretation

1.1. In this Deed, including the Recitals, unless the context shall otherwise require the following expressions shall have the following meanings:

“Premises” means the premises in relation to which the Sub-Contract Works are to be performed;

“Sub-Contract” means the sub-contract between the Contractor and the Sub-Contractor on or about the date of this Deed;

“Sub-Contract Works” means the works (including any design or specification) to be carried out by the Sub-Contractor pursuant to the Sub-Contract;

“Working Day” means a day other than a Saturday, Sunday or a public holiday in Wales; and

“Works” shall have the meaning ascribed to this term in the Implementation Contract.

1.2. The headings and marginal notes and references to them in this Deed shall be deemed not to be part of this Deed and shall not be taken into consideration in the interpretation of this Deed.

1.3. Words importing persons shall, where the context so requires or admits, include individuals, firms, partnerships, trusts, corporations, governments, governmental bodies, authorities, agencies, unincorporated bodies of persons or associations and any organisations having legal capacity.

1.4. Where the context so requires words importing the singular only also include the plural (and vice versa), and words importing the masculine shall be construed as including the feminine or the neuter or vice versa.

1.5. The words in this Deed shall bear their natural meaning. The Parties have had the opportunity to take legal advice on this Deed and no term shall, therefore, be construed contra proferentem.

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2. Sub-Contractor's Duties to the Beneficiary

2.1. The Sub-Contractor warrants and undertakes to the Beneficiary that:

2.1.1. it has carried out and shall continue to carry out and complete the design, specification and construction of the Sub-Contract Works as and when it is so required to do in a good and workmanlike manner and in accordance with the terms of the Sub-Contract;

2.1.2. it has exercised and will continue to exercise all the reasonable professional skill, care and diligence required of it under the Sub-Contract;

2.1.3. the Sub-Contract Works will, at practical completion, comply with all current applicable British Standards and Codes of Practice and during the design and construction of the Sub-Contract Works the requirements of such British Standards and Codes of Practice have been and will continue to be adhered to; and

2.1.4. the Sub-Contractor has not and shall not specify, authorise, cause to be used or suffer the use in or about the Sub-Contract Works of any materials that are contrary to the guidance contained in the report entitled “Good Practice in the selection of Construction Materials” by Ove Arup & Partners (as updated) or that are not in accordance with any applicable British Standards and/or Codes of Practice current at the date of the Sub-Contract or which have been identified as deleterious in a publication of the Building Research Establishment.

3. Insurance

3.1. The Sub-Contractor shall maintain:

3.1.1. professional indemnity insurance in the sum of five million pounds (£5,000,000); and

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3.1.2. public/product liability (in respect of any equipment or systems supplied or specified under the Sub-Contract) in the sum of five million pounds (£5,000,000)

in each case, for any one occurrence or series of occurrences arising out of any one event for a period beginning at the date of this Deed and ending twelve (12) years from the date of completion of the Works, provided always that such insurance is available at commercially reasonable rates in the global insurance market. The Sub-Contractor shall immediately notify the Beneficiary in writing in the event that such insurance is no longer available at such rates and the parties shall forthwith meet and discuss in good faith how best to protect their respective positions.

3.2. The insurance required by clause 3.1 shall be upon customary and usual terms and conditions prevailing for the time being in the insurance market and with reputable insurers lawfully carrying on such insurance business.

3.3. The Sub-Contractor shall fully co-operate with any measures reasonably required by the Beneficiary including, without limitation, completing any proposals for insurance and associated documents and maintaining such insurance at rates above commercially reasonable rates if the Beneficiary undertakes in writing to reimburse the Sub-Contractor in respect of the net cost of such insurance to the Sub-Contractor above commercially reasonable rates.

3.4. As and when it is reasonably requested to do so by the Beneficiary the Sub-Contractor shall produce for inspection documentary evidence that its professional indemnity insurance has been maintained in accordance with the requirements of this Deed.

4. Assignment

4.1. The benefit of this Deed may be assigned by the Beneficiary without the consent of the Sub-Contractor.

5. Copyright Licence

5.1. The copyright in all schedules, plans, drawings, proposals, specifications, calculations and all other information and documents together with any design contained therein prepared by or on behalf of the Sub-Contractor (the “Documents”) shall remain vested in the Sub-Contractor but the Beneficiary

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shall have an irrevocable non-exclusive licence free of any charge to copy and use such Documents, provided that in relation to any intellectual property rights in any software forming part of the Documents the Sub-Contractor’s obligation to grant an irrevocable non-exclusive royalty-fee licence free of any charge shall be limited to the extent that it is legally entitled to do so having regard to the nature of the software and the applicable software licence granted to the Sub-Contractor, and to reproduce the designs contained in them for any purpose related to the purposes of the Implementation Contract including, (but without limiting the generality thereof), the construction, completion, maintenance, use, reinstatement, modification, extension, repair, disposal and advertisement of the Premises. Such licence shall entitle the Beneficiary to grant sub-licences without the consent or approval of the Sub-Contractor and the licence shall be freely assignable by the Beneficiary or its sub-licensees.

5.2. The Sub-Contractor shall not be liable for any use of the Documents by the Beneficiary or its sub-licensees for a purpose for which the Documents were not prepared or intended.

5.3. The Sub-Contractor shall, if the Beneficiary so requests and undertakes in writing to pay the Sub-Contractor’s reasonable copying charges, promptly supply the Beneficiary with copies of all such Documents.

6. Obligations prior to determination of the Sub-Contractor’s engagement

6.1. The Sub-Contractor shall not exercise nor seek to exercise any right to determine its engagement under the Sub-Contract for any reason, including any breach on the part of the Contractor, without giving to the Beneficiary not less than 28 days’ notice of its intention to do so and specifying the grounds for the proposed determination.

6.2. Any period stipulated in the Sub-Contract for the exercise by the Sub-Contractor of a right of determination shall be extended, as necessary, to take account of the period of notice required under clause 6.1.

6.3. Compliance by the Sub-Contractor with clause 6.1 shall not be treated as a waiver of any breach on the part of the Contractor giving rise to the right of determination, nor otherwise prevent the Sub-Contractor from exercising its rights after the expiration of the notice unless the right of determination shall have ceased under the provisions of clause 7.

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7. Step-In

7.1. The right of the Sub-Contractor to determine its employment under the Sub-Contract shall cease if within the period of 28 days referred to in clause 6.1 the Beneficiary shall give notice to the Sub-Contractor:

7.1.1. requiring it to continue its obligations under the Sub-Contract;

7.1.2. acknowledging that the Beneficiary is assuming all of the obligations under the Sub-Contract; and

7.1.3. undertaking to the Sub-Contractor to discharge all payments which may subsequently become due to the Sub-Contractor under the terms of the Sub-Contract and to pay to the Sub-Contractor within 7 days any sums which have become due and payable to it under the Sub-Contract but which remain unpaid.

7.2. Upon compliance by the Beneficiary with the requirements of clause 7.1, the Sub-Contract shall continue as if the right of determination on the part of the Sub-Contractor had not arisen and as if the Sub-Contract had been entered into between the Sub-Contractor and the Beneficiary to the exclusion of the Contractor.

7.3. Notwithstanding that as between the Contractor and the Sub-Contractor the Sub-Contractor’s right of determination of its employment under the Sub-Contract may not have arisen, the provisions of clause 7.2 shall apply if the Beneficiary complies with the requirements on its part under clause 7.1.

7.4. The Sub-Contractor shall be bound to assume that, as between the Contractor and the Beneficiary, circumstances have occurred which permit the Beneficiary to give notice under clause 7.1.

7.5. The Sub-Contractor, acting in accordance with the provisions of this clause 7 shall not incur any liability to the Contractor.

7.6. Where the Sub-Contractor has given rights similar to those contained in clause 7 to any third party then if both the Beneficiary and any such third party serve notice under clause 7.1 or their equivalent the notice served by the Beneficiary shall have priority.

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8. Amendments

This Deed may not be varied except by an agreement in writing executed as a deed by duly authorised representatives of each of the Parties.

9. Severability

If any provision of this Deed shall be declared invalid, unenforceable or illegal by the courts of any jurisdiction to which it is subject, such provision may be severed and such invalidity, unenforceability or illegality shall not prejudice or affect the validity, enforceability and legality of the remaining provisions of this Deed.

10. Entire Agreement

Except where expressly provided otherwise in this Deed, this Deed constitutes the entire agreement between the Parties in connection with its subject matter and supersedes all prior representations, communications, negotiations and understandings concerning the subject matter of this Deed.

11. Third Party Rights

11.1. Unless expressly provided to the contrary in this Deed, a person who is not a Party has no right under the Contracts (Rights of Third Parties) Act 1999 (the “Third Parties Act”) to enforce or to enjoy the benefit of any term of this Deed. Notwithstanding any term of this Deed, the consent of any person who is not a Party is not required to rescind or vary this Deed at any time.

11.2. It is agreed for the purposes of the Third Parties Act that this Deed is not intended to, and does not, give to any person who is not a Party to this Deed any rights to enforce any provisions contained in this Deed except for any person to whom the benefit of this Deed is assigned or transferred in accordance with clause 4.

12. Notices

12.1. All notices under this Deed (including without limitation notification of any consents given by a Party to this Deed) shall be in writing and all certificates, notices or written instructions to be given under the terms of this Deed shall be served by sending the same by e-mail, first class post, facsimile or by hand, leaving the same at:

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If to the Beneficiary – [DETAILS]

If to the Contractor - [DETAILS]

If to the Sub-Contractor - [DETAILS]

12.2. Notices:

12.2.1. by way of e-mail shall be effective when sent in legible form, but only if following transmission, the sender does not receive a non-delivery message;

12.2.2. given by post shall be effective upon the earlier of:

12.2.2.1. actual receipt; or

12.2.2.2. five (5) Working Days after mailing;

12.2.3. delivered by hand shall be effective:

12.2.3.1. upon delivery if delivered on a Working Day between the hours of 9 am and 4 pm; or

12.2.3.2. at 11 am on the next following Working Day, if delivered after 4 pm, on a Working Day but before 9 am on that next following Working Day;

12.2.4. given by facsimile shall be deemed to have been received where there is confirmation of uninterrupted transmission by a transmission report and where there has been no telephonic communication by the recipient to the senders (to be confirmed in writing) that the facsimile has not been received in legible form:

12.2.4.1. within two (2) hours after sending, if sent on a Working Day between the hours of 9 am and 4 pm; or

12.2.4.2. by 11 am on the next following Working Day, if sent after 4 pm, on a Working Day but before 9 am on that next following Working Day.

12.3. Any notice sent to the Beneficiary` - shall be copied to the Contractor (and vice versa).

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13. Governing Law and Jurisdiction

13.1. This Deed shall be considered as a contract made in Wales and shall be subject to the laws of England and Wales, as they apply in Wales.

13.2. The Parties submit to the exclusive jurisdiction of the courts of England and Wales, sitting at Cardiff.

EXECUTED AS A DEED by the parties or their duly authorised representatives on but not delivered until the date of this Deed.

[INSERT EXECUTION PARAGRAPHS]

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+

Subcontract Completion Date and Programme [The Subcontractor will submit in accordance with the terms of the Services Agreement a draft programme to the Contractor and Project Manager for consideration in relation to the programming of the subcontract works. The programme will comply with the requirements of this subcontract and be a reasonable programme for the subcontract works involved and include a reasonable allowance of time to cover possible delay to the subcontract Completion Date through risks retained by the Subcontractor. The Accepted Programme as required by this subcontract will contain a reasonable programme of activities and the subcontract Completion Date will be identified on the Accepted Programme. The subcontract Completion Date will be a reasonable and realistic date based on the subcontract works required.]

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+

The Subcontract Works Information The Subcontract Works Information The Bidder is required to use this information to comprise all required plans in Section G of the mini tender The Subcontracted Works Installation Specification System Provider Specification Asbestos Design Solutions Property Details

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THE SUBCONTRACTED WORKS

The Penydarren, Merthyr Tydfil arbed 2 scheme consists of [insert number] properties for current installation. The scheme consists of the following streets The following is a map of the scheme area

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INSTALLATION SPECIFICATION CLIENT MANAGEMENT: The arbed team refer all Bidders to the Subcontractors Code of Conduct. This document will be made available to all householders, and the Subcontractors will be vetted on an on-going basis in terms of their alignment with it. As part of the Mini Tender, all Bidders are required to provide a plan for engagement with clients.

INSTALL REQUIREMENTS: The Principle Contractor will be required to manage the installation of the following measures:

No. of measures

EWI Full CH Heating Controls

Fuel Switch Vphase

116 51 17 3 56 Please note that the number of EWI’s require a different spec.

EWI Brick Cavity

EWI Wimpy No Fines

EWI BISF - MVH

EWI BISF - Private

23 5 51 37

SMARTER PROFESSIONAL SOLUTIONS – TECHNICAL SURVEYING

Smarter Professional Solutions have been contracted by Melin Homes to provide all technical surveying for schemes. This service will provide the following key elements for the delivery of scheme and securing external funding streams:

Technical property Survey – a full technical property survey will be carried out to identify suitable energy efficiency measures. The survey will also look to provide full understanding of material qualities, enabling works and any issues that may result in measures not being installed.

EPCs – SPS will be carrying out and providing EPC/GDAR certification for each property within the scheme/contract requiring EWI – before and after the installation of measures.

Asbestos Surveys – All properties will receive a targeted asbestos survey, testing, and report for measures being installed. The content and structure of reports should be as set out in HSG264. Reports should contain photographs of the front elevation of the property surveyed, as well as the location of each sample taken even if the test results are negative.

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45

Principle Contractors Asbestos Management

The Principle Contractors will be required to provide full management of all asbestos work including on site control, reporting, management, risk assessments and any removal work required in accordance with survey reports supplied by Smarter Professional Solutions and site conditions. They should work in accordance with the following specification:

Quality Assurance: All survey & removal work will be in accordance with UKAS accreditation to ISO 17020 in association with HSG264, HSG210, L143 and other relevant guides and approved codes of practice. In addition to this Melin reserve the right to undertake their own quality checks in the form of a resurvey of representative units at their own discretion.

Content of reports: The content and structure of reports should be as set out in HSG264. Reports should contain photographs of the front elevation of the property surveyed, as well as the location of each sample taken even if the test results are negative.

Areas of no access should also be photographed and presumed to contain asbestos so that they appear in the asbestos register. For management surveys this includes soffits where they are over clad, floors which are concealed by carpet or laminate, verge capping which could be concealing under cloak.

A building description is to be provided identifying the materials of key building elements. (See list provided). Schematics/floor plans also need to be provided.

Floor and wall mounted central heating boilers are generally excluded from the survey. However, where boilers are clearly damaged any debris should be safely sampled or if not resumed to contain asbestos. Also, where boilers are built into the fire hearth they should be presumed to contain asbestos due to the possibility of asbestos insulation Ellis board.

Provision of information: Smarter Professional Solution will provide all report and test data to Principle Contractors for each property on request.

Pre-survey risk assessment: As well as the technical survey, the surveyor must also consider the following potential hazards;

• Elderly tenants. • Young children. • Disabled people within the property.

It will be the Principle Contractors responsibility once given the program of works to liaise with the homeowners in order to agree a suitable date and time of entry to the property, to minimise the inconvenience to the tenants, Melin Homes will not be responsible for the cost of any no access or missed appointments that the Principle Contractors receives.

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46

If on receiving an order the Principle Contractors is unable to gain access on his initial visit the Principle Contractors shall leave his official calling card supplied by the Principle Contractors requesting alternative times when work can be carried out. The Principle Contractors shall fulfil the arrangement, but if access is still not obtained on the second visit the Principle Contractors s shall inform Melin Homes.

The Principle Contractors shall make allowance for both "No Access" jobs and “No Access Cards” as no payment shall be made for the same. No payment will be made for abortive call-outs, whether due to no fault, no access or any other reason and the Principle Contractors shall make due allowance for the same in his price.

During the work: The Principle Contractors shall make good at his own expense any damage caused by his operations to the property, furniture, fittings or decoration.

Any complaints received either directly by the Principle Contractors or forwarded through to Melin Homes must be dealt with by the Principle Contractors promptly.

Insurance: Any insurance claim arising out of or in consequence of any work carried out by Principle Contractors and any sub-contractors are to be dealt with by the Principle Contractors’ insurance company as soon as possible.

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47

This page explains the level of service you will receive from our Subcontractors. In order to provide you with a good and responsive installation service, the arbed project holds a framework of Subcontractors that are continually vetted and monitored, chosen for the quality, efficiency and price of their work. To be included in the competitions for work, Subcontractors must meet a Code of Conduct which sets out:

• what you can expect from our contractors (including Health and Safety requirements) • what our contractors can expect from you • responsibility of private arrangements • equal opportunities and discrimination.

If you feel these standards are not being met, please let us know. Your comments are important and will give us valuable information about our Subcontractors performance. We will always try to put right any complaint and you may have about our Subcontractors conduct in your home. What you can expect from our Subcontractors 1. Before arriving at your home

Before arriving at your home, the selected Subcontractors will write to you to confirm dates, installation details and arrangements. They will also provide you with contact details for site supervisor who will identify himself to you upon arrival on site. We can arrange a password between our Subcontractors and yourself, so that you can be sure whom you are letting into your home. If you would like a password, please advise the arbed 2 advisor when reporting your installation (0808 108 2398). 2. When arriving at your home: The Subcontractors will:

• give a password (if you have requested this) • show their ID cards • explain clearly what the work will involve, when it will be done and how long it will

take.

3. During the course of the works: The Subcontractors will:

• avoid making excessive visits to your home to bring materials • be responsible with scaffolding and where possible inform you when it will be erected

and when it will be taken down • keep inconvenience to a minimum and to keep your home clean and tidy, using dust

sheets

Subcontractors' code of conduct

Page 48: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

48

During the installation, theSubcontractor will ensure your home is left safe, secure, wind and weatherproof, and where possible with all services left on. You will also be warned of any hazards. Where services are not available for longer periods of time, the Subcontractors will provide you with temporary heating and electricity. The contractor will not use the following without your permission:

• any belongings such as a ladder or chair • your telephone your toilet or kitchen, for example to make tea • your electricity, gas and water • your bathroom or kitchen to clean equipment - if you do give permission, the rooms

must be left clean and tidy.

4. When installations are completed: The Subcontractors will:

• tell you that the work is finished • remove all rubbish and leave your home tidy • the arbed team will inspect and sign off the installation, along with the Subcontractors

and supplier of the materials

In all circumstances, the arbed 2 team will monitor the customer experience, and inspect the works completed. As an ongoing assessment of delivery, our framework of Subcontractors will be vetted in response to reports on satisfaction and service. 5. At all times: The Subcontractors will:

• treat all details about you and your home confidentially • show respect for you and your property • consider the needs of elderly, disabled or persons who have special needs • be careful about security • comply with current Health & Safety in respect of sharp tools and toxic substances.

When in your home, the contractor will never:

• smoke, consume alcohol, or take any illegal substances • play music • use bad language • make any comments or gestures that you could consider discriminatory, offensive or

distasteful. • wear clothing or display body markings which could be deemed offensive to others

Subcontractors who fail to meet these standards are liable to be removed from our approved Subcontractors list.

Subcontractors' code of conduct

Page 49: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

49

What our Subcontractors can expect from you In return for the above we ask you:

• to make arrangements for access to be given by an adult • to be co-operative about making appointments • to clear the work area of any belongings - please note Subcontractors may be willing

to help you with any heavy furniture, but you should clarify this before the work starts; they are not liable for damage to your belongings.)

• to keep your children and pets away from the work area and from the Subcontractors tools

• not to leave young children (under the age of 16 years old) on their own while Subcontractors are on site

Equal Opportunities and Discrimination Our policies on equal opportunities and discrimination apply to installation service. Our Subcontractors are expected to be equal opportunities employers and our code of practice sets out that we will not tolerate any form of discrimination. If a Subcontractors or a Subcontractors employees behave contrary to our policies, the company may be removed from our approved list.

Subcontractors' code of conduct

Page 50: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

50

Installation Specifications ALL SPECIFICATION AND INSTALLATION INSTRUCTION HAVE BE INCLUDED WITH THE FOLLOWING SECTIONS

1.0 External Wall Insulation

1.1 Gas Central Heating System

1.2 Voltage Optimisation Units (Apex, Voltis Home, Vphase)

ALL ITEMS SHOULD BE INCLUDED WITHIN TENDER COST OR CONSIDER WITHIN BIDDERS SUBMISSION

Page 51: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

51

The Site Information Refer to Section E for the scheme Site Information. The Bidder is required to use this information to comprise all required plans in Section G of the mini tender Site Description, Streets & Photos Risk Register Access & Egress Procedure Delivery Plan Welfare & Storage Plan Asbestos Management Plan

Page 52: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

52

1.0 INTRODUCTION

i) Site Information to be provided by the Subcontractors will be dependant on:

• Availability of records relating to existing facilities

• Whether studies/research have been undertaken prior to appointment of the Subcontractor to the scheme

ii) The Subcontractor provides Site Information for their design elements of work.

iii) The Subcontractor obtains authorisation from the Contractor prior to incurring any expenditure required to obtain Site Information.

iv) The Subcontractor is responsible for obtaining all Site Information required for the design and construction of the works.

v) The Subcontractor interprets, evaluates and acts on all Site Information obtained or provided for the design elements and the works.

Page 53: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

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Property Details

Page 54: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

54

Page 55: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

55

Page 56: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

56

Site Description, Streets & Photos Property breakdown as follows:

Street Name Total Properties Properties Surveyed

Properties Not Surveyed

Haydn Terrace - Private 56 37 19 Haydn Terrace - MVH 7 7 0 Marshal Crescent - Private 14 10 4 Marshal Crescent - MVH 27 26 1 Mitchell Crescent - Private 37 26 11 Mitchell Crescent - MVH 31 29 2

HAYDN TERRACE

Page 57: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

57

MARSHAL CRESCENT

MITCHELL CRESCENT

Page 58: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

58

Scheme & Site Boundary Subcontractors are permitted to work within the EWI/Heating & Plumbing Site Boundary only. Subcontractors are not permitted to use areas outside of the EWI/Heating & Plumbing Site Boundary for welfare, storage or parking.

Page 59: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

59

Risk Register R

isk

Ris

k D

escr

iptio

n

Impact

Likelihood

Status

Ris

k M

anag

emen

tR

esid

ual R

isk

& R

isk

Man

agem

ent

Act

ion

By

Dat

e A

ctio

n R

equi

red

By

Com

plet

e

Con

trac

t & Q

ualit

y M

anag

emen

t

1M

anag

emen

t of Q

uality

Risk

of p

oor q

uality

insta

llatio

ns th

at le

ave

hous

ehol

ders

with

poo

r ser

vice

and

fault

y pr

oduc

ts

45

20

43

12M

elin

Hom

es, a

cting

as S

chem

e M

anag

er a

nd M

ain C

ontra

ctor

, w

ill m

anag

e th

e fra

mew

ork

of in

stalle

rs, c

onsis

tent

ly m

onito

ring

the

quali

ty o

f wor

ks in

stalle

d

For e

ach

sche

me,

and

eac

h te

chno

logy

, the

Sch

eme

Man

ager

will

run

mini

tend

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or th

e w

ork.

The

se m

ini te

nder

s will

be e

valua

ted

on th

e ba

sis o

f 70%

qua

lity a

nd 3

0% p

rice.

Sche

me

Man

ager

At m

ini te

nder

sta

ge fo

r eac

h sc

hem

e

32

6Th

e Pr

incip

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ontra

ctor

is re

spon

sible

for m

anag

ing a

nd re

porti

ng

on th

e qu

ality

of w

orks

on

site.

Whe

re w

orkm

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ip a

nd q

uality

ha

s not

bee

n ke

pt u

p, th

e Pr

incip

le C

ontra

ctor

is re

spon

sible

for

pres

entin

g to

the

Sche

me

Man

ager

a su

itabl

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d tim

ely

rem

ediat

ion

plan

.

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st th

e Pr

incip

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ontra

ctor

is re

spon

sible

for m

anag

ing q

uality

on

site

, the

Pro

ject

Lea

d fo

r the

Sch

eme

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ager

will

visit

site

to

inspe

ct a

nd m

onito

r qua

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tract

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mat

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a fu

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cifica

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uppl

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f eve

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stalla

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uate

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dat

a, in

corre

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33

9

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6M

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es w

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ve su

rvey

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very

pro

perty

on

the

sche

me

in ad

vanc

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mini

tend

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Trus

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mon

itor a

nd re

port

on C

usto

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Sat

isfac

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at th

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Agr

eem

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going

to th

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useh

olde

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ugho

ut th

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nder

pro

cess

, the

insta

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pric

ing th

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orks

, will

ensu

re th

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et a

ll dat

a. It

is th

e re

spon

sibilit

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the

insta

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to e

nsur

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re h

appy

to u

se th

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info

rmat

ion

prov

ided

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Surv

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tage

31

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llow

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ini te

nder

pro

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, the

insta

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may

dea

m it

ne

cess

ary

to a

sses

s the

info

rmat

ion

prov

ided

. All i

nifor

mat

ion

colle

cted

by

the

insta

ller w

ill be

pro

vided

to M

elin

Hom

es. T

he

mini

tend

er a

nd N

EC c

ontra

ct th

at th

e ins

talle

rs w

ill be

wor

king

un

der,

requ

ires t

hat i

nsta

llers

act

in a

pro

fess

iona

l man

ner w

hen

wor

king

aro

und

hous

ehol

ders

.

The

Ener

gy S

aving

Tru

st w

ill m

onito

r Cus

tom

er S

atisf

actio

n ea

rly

on d

uring

the

Insta

ll Pha

se, w

hilst

also

prov

iding

the

help

/ ad

vice

line

for h

ouse

hold

ers.

Cus

tom

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atisf

actio

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els, a

nd fe

edba

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from

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seho

lder

s will

play

a k

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art i

n th

e on

going

mon

itorin

g of

th

e fra

mew

ork

of in

stalle

rs.

Princ

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Con

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or &

Su

bcon

tract

ors

Mini

Ten

der a

nd

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C

omm

ence

men

t St

age

3D

elays

to sc

hem

e by

sche

me

wor

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sk o

f sch

eme

delay

s, di

srup

tion

to

hous

ehol

ders

and

failu

re to

mee

t sch

eme

expe

nditu

re.

43

12

42

8W

hen

tend

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for w

orks

, the

Prin

ciple

Con

tract

or w

ill pr

ovid

e a

Risk

Ass

essm

ent t

hat w

ill aim

to m

itigat

e an

y ris

ks th

at fa

ll to

the

role

of th

e Pr

incip

le C

ontra

ctor

. The

se ri

sks n

eed

to b

e inc

luded

w

ithin

the

price

pro

vided

. How

ever

, any

risk

s tha

t aris

e th

at a

re

outsi

de o

f the

con

trol o

f the

Prin

ciple

Con

tract

or w

ill ne

ed to

be

nego

tiate

d w

ith th

e Sc

hem

e M

anag

er a

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viden

ced

at th

e ea

rlies

t op

portu

nity.

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Princ

iple

Con

tract

or w

ill pr

esen

t the

Sch

eme

Man

ager

with

ac

cura

te a

nd fe

asib

le ins

talla

tion

date

s. A

ny c

hang

es to

thes

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tes

will

be p

rom

ptly

revis

ed a

nd se

nt to

Meli

n H

omes

. EST

/ M

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es w

ill co

mm

unica

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ouse

hold

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hrou

ghou

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ins

talla

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phas

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Page 60: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

60

32

6Th

e Pr

ojec

t Lea

d fo

r the

Sch

eme

Man

ager

will

mon

itor a

nd re

port

on p

rogr

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Full o

n sit

e Pr

ogre

ss M

eetin

gs w

ill be

held

on

site

each

wee

k to

give

the

insta

llers

an

oppo

rtunit

y to

repo

rt on

pr

oblem

s.

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nsta

llers

will

be re

quire

d to

hol

d a

Rem

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Plan

that

will

pres

ent p

lans f

or d

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ith d

elays

to p

rogr

amm

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s a re

sult

of

site

cond

itions

or p

robl

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ith a

cces

s. Th

is w

ill be

kep

t live

and

m

anag

ed b

y th

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le C

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ctor

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ager

4In

clem

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gram

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to c

usto

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sa

tisfa

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sk to

exp

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43

12

33

9Th

ere

is a

stron

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eliho

od th

at b

ad w

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ill ca

use

site

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to b

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fficu

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s far

as i

s rea

sona

bly

prac

ticab

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the

Princ

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or is

resp

onsib

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e ris

k so

far

as a

vera

ge w

eath

er fo

r the

tim

e of

yea

r the

insta

llatio

ns w

ill be

ta

king

plac

e. If

the

wea

ther

is w

orse

than

"ave

rage

", th

e Pr

incip

le C

ontra

ctor

will

need

to e

viden

ce th

is us

ing M

et O

ffice

reco

rds.

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n pr

ogra

mm

ing w

orks

, the

insta

llers

will

need

to b

reak

up

the

proc

ess o

f ins

tallin

g te

chno

logy

on

a pr

oper

ty. T

his w

ill all

ow

incre

men

tal p

aym

ents

prop

erty

by

prop

erty

, and

will

enab

le th

e ins

talle

r to

adju

st ac

tivity

to su

it th

e w

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roug

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co

ntra

ct

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ontra

ct M

anag

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to a

bide

by

cont

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rules

43

12

32

6M

elin

Hom

es w

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ld C

ontra

ctor

Wor

ksho

ps to

ens

ure

that

ins

talle

rs a

nd su

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rs a

re c

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n co

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nd w

hat i

s ex

pect

ed o

f the

m.

The

Proj

ect M

anag

er w

ithin

the

Sche

me

Man

ager

will

be

ultim

ately

resp

onsib

le fo

r ens

uring

that

the

insta

llers

pro

vide

adaq

uate

site

reco

rds t

o en

sure

pay

men

ts an

d co

ntra

ctua

l ob

ligat

ions

are

met

. All e

xten

sions

of t

ime

and

com

pens

atio

n ev

ents

mus

t be

pres

ente

d an

d sig

ned

by a

Meli

n em

ploy

ee w

ith

due

notic

e.

Sche

me

Man

ager

Mini

Ten

der a

nd

Site

C

omm

ence

men

t St

age

6D

efec

tsRi

sk to

pro

gram

me,

risk

to c

usto

mer

sa

tisfa

ctio

n, ri

sk to

exp

endi

ture

43

12

32

6Th

e Pr

ojec

t Lea

d fo

r the

Sch

eme

Man

ager

will

mon

itor q

uality

, via

the

inspe

ctio

n pr

oces

s. A

ll ins

talla

tions

will

be si

gned

off

by th

e C

lient

, Prin

ciple

Con

tract

or, t

he S

chem

e M

anag

er a

nd th

e Su

pplie

r. A

ny d

efec

ts m

ust b

e ca

rried

out

in lin

e w

ith th

e co

ntra

ct.

The

insta

ller m

ust h

old

a re

med

iatio

n pl

an th

at in

corp

orat

es a

ny

area

s tha

t may

resu

lt in

defe

cts i

n w

ork.

This

mus

t spe

cify

desig

n so

lutio

ns in

acc

orda

nce

with

the

mat

erial

s sup

plier

spec

ificat

ion.

Princ

iple

Con

tract

orO

ngoi

ng

thro

ugho

ut

cont

ract

32

6Th

e ins

talle

r mus

t hol

d a

suita

bly

traine

d an

d co

mpe

tent

site

su

perv

isor o

n sit

e at

all t

imes

to m

onito

r the

qua

lity o

f w

orkm

ansh

ip o

n sit

e

Whe

re a

subc

ontra

ctor

has

take

n on

the

role

of P

rincip

le C

ontra

ctor

, the

y m

ust a

lso h

old

a sit

e m

anag

er w

ho u

nder

take

s a

suita

ble

quali

ty in

spec

tion

plan

.

Princ

iple

Con

tract

orO

ngoi

ng

thro

ugho

ut

cont

ract

Logi

stic

s M

anag

emen

t

7D

elive

ries

Risk

of u

ntim

ely d

elive

ries c

ausin

g di

srup

tion

to

hous

ehol

ders

43

12

32

6D

elive

ries w

ill on

ly be

allo

wed

to e

nter

the

area

with

in th

e tim

efra

me

spec

ified

in th

e m

ini te

nder

Deli

verie

s mus

t be

on th

e co

rrect

tran

spor

t, as

spec

ified

in th

e m

ini

tend

erPr

incip

le C

ontra

ctor

&

Supp

lier

Ong

oing

th

roug

hout

co

ntra

ct

8D

elive

ries

Risk

of u

nsaf

e dr

iving

, deli

verin

g, u

nload

ing4

312

32

6D

etail

s of a

ll driv

ers m

ust b

e pr

ovid

ed b

y th

e Su

pplie

r to

the

Princ

iple

Con

tract

or a

nd S

chem

e M

anag

er in

adv

ance

The

Princ

iple

Con

tract

or m

ust m

onito

r the

det

ails o

f the

driv

ers t

o en

sure

that

they

abi

de b

y th

e ru

les o

f the

site

. The

Prin

ciple

Con

tract

or m

ust k

eep

reco

rds o

f all d

river

s and

visi

tors

to th

e sit

e.

Princ

iple

Con

tract

or &

Su

pplie

r

Ong

oing

th

roug

hout

co

ntra

ct

Page 61: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

61

9D

elive

ries

Risk

to th

e ge

nera

l pub

lic d

uring

recip

t of

deliv

eries

43

12

32

6A

ll deli

verie

s mus

t be

rece

ived

in a

pre-

plan

ned

area

, des

ignat

ed

and

segg

raga

ted

as n

eces

sary

All c

ertif

icate

s for

hiab

use

rs m

ust b

e pr

ovid

ed to

the

Princ

iple

Con

tract

or in

adv

ance

. Pr

incip

le C

ontra

ctor

&

Supp

lier

Ong

oing

th

roug

hout

co

ntra

ct

10C

o-or

dina

tion

of d

elive

ries

Risk

of s

uppl

y of

mat

erial

s not

bein

g ca

rried

ou

t in

conj

unct

ion

with

dem

and.

Risk

to

prog

ram

me,

risk

of d

isapp

oint

ed a

nd d

isrup

ted

hous

ehol

ders

33

9

31

3It

is th

e re

spon

sibilit

y of

the

Princ

iple

Con

tract

or to

arra

nge

"just

in tim

e de

liver

ies" t

o sit

e. It

is e

mpe

rativ

e th

at st

ock

does

not

pile

up

on si

te, w

hilst

also

ensu

ring

that

hou

seho

lder

s are

not

disr

upte

d du

e to

dela

yed

deliv

eries

The

Princ

iple

Con

tract

or m

ust e

nsur

e th

at c

o-or

dina

tion

betw

een

site

staff,

supp

ort s

taff

and

supp

lier a

rrang

men

ets a

re e

fficie

nt a

nd

have

cap

acity

to ta

ke o

n th

is lev

el of

co-

ordi

natio

n

Princ

iple

Con

tract

or &

Su

pplie

r

Ong

oing

th

roug

hout

co

ntra

ct

31

3Th

e Pr

incip

le C

ontra

ctor

is re

spon

sible

for a

gree

ing a

Deli

very

and

C

all-O

ff Sc

hedu

le w

ith th

e Su

pplie

r and

the

Sche

me

Man

ager

. It

will

be a

gree

d th

at th

e ne

cess

ary

time

perio

d re

quire

d fo

r jus

t in

time

deliv

eries

.

The

Princ

iple

Con

tract

or is

requ

ired

to e

nsur

e th

at th

e ag

reed

tim

e fra

me

for t

he c

all o

f of m

ater

ials i

s kep

t. W

here

dela

ys a

re

incur

red

as a

resu

lt of

the

time

not b

eing

kept

and

as a

resu

lt of

po

or p

lannin

g an

d sit

e m

anag

emen

t, th

e Pr

incip

le C

ontra

ctor

mus

t ac

cept

this

risk

and

pres

ent a

mea

ns to

rem

ediat

e th

e de

lays.

How

ever

, whe

n th

e su

pplie

r has

faile

d to

deli

ver i

n ac

cord

ance

w

ith th

e de

liver

y sc

hedu

le, w

here

the

nece

ssar

y no

tice

has b

een

given

, the

Sup

plier

will

be re

spon

sible

for r

espo

nding

in a

tim

ely

man

ner a

nd re

med

iating

the

delay

s to

site

prog

ress

.

Princ

iple

Con

tract

or &

Su

pplie

r

Ong

oing

th

roug

hout

co

ntra

ct

11St

orag

e of

deli

verie

sRi

sk to

clo

gging

up

of si

te. R

isk o

f unt

idyn

ess,

Risk

of m

ater

ials t

heft

/ van

dalis

m3

26

31

3M

ater

ial m

ust b

e ca

lled

off f

or ju

st in

time

deliv

ery,

restr

icting

the

volum

e sto

red

on si

teD

elive

ries t

o be

stor

ed in

a d

esign

ated

are

a, m

onito

red

daily

by

the

Princ

iple

Con

tract

or. T

he ri

sk o

f the

ft an

d va

ndali

sm is

the

resp

onsib

ility

of th

e Pr

incip

le C

ontra

ctor

.

Princ

iple

Con

tract

or &

Su

pplie

r

Ong

oing

th

roug

hout

co

ntra

ct

12W

elfar

eRi

sk o

f ina

daqu

ate

welf

are

facil

ities

32

6

31

3It

is th

e re

spon

sibilit

y of

the

Princ

iple

Con

tract

or to

arra

nge

welf

are

facil

ities f

or a

ll em

ploy

ees a

nd su

bcon

tract

ors o

n th

e sit

e,

in lin

e w

ith H

SE re

quire

men

ts.

The

welf

are

facil

ities w

ill be

insp

ecte

d on

a m

onth

ly ba

sis b

y th

e Pr

ojec

t Lea

der.

Princ

iple

Con

tract

or

Ong

oing

th

roug

hout

co

ntra

ct

13C

lient

Man

agem

ent

Risk

of i

nada

quat

e m

anag

emen

t of

appo

intm

ents,

clie

nt e

xpec

tatio

ns4

312

31

3Th

e Pr

incip

le C

ontra

ctor

mus

t ens

ure

they

hav

e ad

aqua

te a

dmin

/ of

fice

supp

ort t

o m

anag

e qu

errie

s, cu

stom

er se

rvice

and

ap

point

men

ts

The

Princ

iple

Con

tract

or m

ust c

omm

unica

te a

ppoi

ntm

ents

&

resp

onse

to q

uerri

es th

roug

h th

e ad

vice

line

in ES

T.Pr

incip

le C

ontra

ctor

O

ngoi

ng

thro

ugho

ut

cont

ract

Hea

lth &

Saf

ety

Man

agem

ent

14O

n Si

te H

ealth

& S

afet

yRi

sk o

f dam

age

to re

puta

tion,

risk

to

hous

ehol

ders

, gen

eral

publ

ic an

d sit

e op

erat

ives

33

9

Page 62: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

62

32

6Th

e fra

mew

ork

agre

emen

t will

have

alre

ady

vette

d all

con

tract

ors

on th

e fra

mew

ork.

As p

art o

f the

mini

tend

er p

roce

ss, t

he in

stalle

rs

will

pres

ent f

or a

sses

smen

t a fu

ll Hea

lth, S

afet

y, E

nviro

nmen

t &

Qua

lity P

lan (H

SEQ

Plan

). Th

is w

ill inc

orpo

rate

all s

ite sp

ecific

m

etho

d sta

tem

ents,

pro

cedu

res a

nd p

roce

sses

.

The

HSE

Q P

lan w

ill fo

rm th

e m

ain p

art o

f the

qua

lity a

sses

smen

t (7

0%) o

f the

the

mini

tend

er. A

n on

going

sche

me

to sc

hem

e m

onito

ring

of th

e sit

e pe

rform

ance

of c

ontra

ctor

s will

also

influe

nce

the

awar

ding

of f

utur

e te

nder

s.

Sche

me

Man

ager

Mini

Ten

der a

nd

Site

C

omm

ence

men

t St

age

15Re

porti

ng o

n H

ealth

& S

afet

yIn

adaq

uate

repo

rting

and

mon

itorin

g of

site

pe

rform

ance

in te

rms o

f Hea

lth &

Saf

ety

33

9

31

3Th

e ele

cted

Prin

ciple

Con

tract

or w

ill be

resp

onsib

le fo

r the

on

going

day

to d

ay m

onito

ring

of h

ealth

and

safe

ty. T

he P

C w

ill be

re

spon

sible

for r

epor

ting

accid

ents,

failu

res,

near

miss

es to

the

Sche

me

Man

ager

on

a w

eekl

y ba

sis.

The

Princ

iple

Con

tract

or w

ill be

resp

onsib

le fo

r ens

uring

the

all

subc

ontra

ctor

s on

site

are

suita

bly

prep

ared

for w

ork

on si

te

(PPE

), th

at a

ll suit

able

welf

are

is pr

ovid

ed a

nd th

at d

ust a

nd n

oise

po

lutio

n is

kept

to a

n ab

solut

e m

inim

um.

Princ

iple

Con

tract

orO

ngoi

ng

thro

ugho

ut

cont

ract

31

3Th

e Pr

incip

le C

ontra

ctor

mus

t pro

vide

traini

ng re

cord

s for

all

empl

oyee

s on

site.

All e

mpl

oyee

s on

site

mus

t hav

e th

e re

laven

t C

SCS

card

for t

heir

role.

Any

visi

tors

to th

e sit

e m

ust a

lway

s be

acco

mpa

nied

by th

e re

spon

sible

pers

on, i

f the

visi

tor i

s not

CSC

S tra

ined.

The

Princ

iple

Con

tract

or m

ust e

nsur

e th

at a

ll not

ices t

o re

laven

t bo

dies

is in

plac

e in

a tim

ely m

anne

r.Pr

incip

le C

ontra

ctor

Ong

oing

th

roug

hout

co

ntra

ct

16D

issat

isfied

Cus

tom

er d

ue to

gen

eral

upke

ep o

f sit

eRi

sk o

f da

mag

e to

repu

tatio

n du

e to

insta

llers

no

t kee

ping

site

tidy

eno

ugh,

and

risk

s put

ting

hom

eow

ner a

t risk

.

33

9

31

3ES

T w

ill pr

ovid

e a

perm

anen

t adv

ice lin

e fo

r all c

usto

mer

s. A

ll co

mpl

aints

will

follo

w th

e sta

ndar

d A

rbed

Com

plain

ts Re

solut

ion

Proc

edur

e

The

Sche

me

Man

ager

requ

ires t

hat i

nsta

llers

reco

rd, t

rack

and

re

port

all A

ccid

ents

& N

ear M

isses

on

site.

In th

is ca

se a

ny

com

plain

t will

be in

vesti

gate

d an

d th

e ins

talle

rs n

otifie

d. T

he

Insta

ller w

ill be

give

n an

opp

ortu

nity

to re

med

iate

any

on si

te

prob

lems w

hilst

Meli

n H

omes

mon

itors

their

per

form

ance

and

cu

stom

er sa

tisfa

ctio

n fo

r a p

erio

d of

1 m

onth

, in

line

with

HSE

leg

islat

ion

Princ

iple

Con

tract

or

Ong

oing

th

roug

hout

co

ntra

ct

17C

usto

mer

put

at m

inor r

isk a

nd M

elin

Hom

es

notif

ied th

roug

h ph

one

line,

insta

ller,

or si

te

spot

che

ck

Risk

of d

amag

e to

repu

tatio

n.

43

12

31

3Th

e Sc

hem

e M

anag

er re

quire

s tha

t ins

talle

rs re

cord

, tra

ck a

nd

repo

rt all

Acc

iden

ts &

Nea

r Miss

es o

n sit

e. F

ollo

wing

a m

inor

accid

ent,

an in

vesti

gatio

n w

ill ta

ke p

lace,

and

the

insta

ller w

ill be

re

quire

d to

rem

ediat

e an

d m

itigat

e an

d da

nger

ous o

ccur

ance

to

ensu

re sa

fe w

orki

ng p

roce

dure

s are

bein

g fo

llow

ed o

n sit

e. T

he

cont

ract

or a

gree

s to

ackn

owled

ge a

ll lev

el 2

com

plain

ts w

ithin

12

hour

s and

form

a d

etail

ed c

onstr

uctiv

e re

spon

se/so

lutio

n w

ithin

48

hour

s to

both

the

hous

ehol

der a

nd M

elin

Hom

es

Princ

iple

Con

tract

or

Ong

oing

th

roug

hout

co

ntra

ct

18C

usto

mer

or m

embe

r of g

ener

al pu

blic

suffe

rs

from

a m

inor o

r maj

or a

ccid

ent

Risk

of d

amag

e to

repu

tatio

n.

53

15

31

3Th

e Sc

hem

e M

anag

er re

quire

s tha

t ins

talle

rs re

cord

, tra

ck a

nd

repo

rt all

Acc

iden

ts &

Nea

r Miss

es o

n sit

e.In

the

case

of a

n ac

tual

accid

ent,

the

insta

ller w

ill be

take

n of

f the

jo

b, w

hilst

a fu

ll inv

estig

atio

n is

unde

rway

. Ano

ther

insta

ller w

ill fin

ish a

ny w

ork

on si

te so

as t

o m

ake

the

site

safe

.

Princ

iple

Con

tract

or

Ong

oing

th

roug

hout

co

ntra

ct

Page 63: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

63

31

3Th

e Sc

hem

e M

anag

er w

ill w

ork

with

the

HSE

to e

nsur

e th

at th

e ins

talle

rs a

re fo

llow

ing sa

fe w

orki

ng p

roce

dure

s and

that

the

hom

ewon

ers a

nd g

ener

al pu

blic

are

not p

ut a

t risk

, in

line

with

H

SE le

gislat

ion

and

requ

irem

ents.

Sche

me

Man

ager

Ong

oing

th

roug

hout

co

ntra

ct

19Si

te ti

dyne

ssRi

sk o

f slip

s, tri

ps &

falls

for h

omeo

wne

r, ris

k of

mino

r inj

ury

32

6

31

3Th

e Pr

incip

le C

ontra

ctor

is re

spon

sible

for m

onito

ring

and

man

aging

site

tidy

ness

. Th

e Sc

hem

e M

anag

er w

ill un

derg

o m

onth

ly sit

e ch

ecks

to e

ach

site

that

insta

llers

are

wor

king

on.

Pr

incip

le C

ontra

ctor

Ong

oing

th

roug

hout

co

ntra

ct

31

3Th

e Sc

hem

e M

anag

er w

ill re

quire

that

insta

llers

pre

sent

a m

eans

to

man

age

the

close

dow

n of

site

s at t

he e

nd o

f the

day

. Ins

talle

r Si

te M

anag

ers s

hould

also

pre

sent

a m

eans

of m

anag

ing th

e lev

el of

site

tidy

ness

dur

ing w

orki

ng h

ours

.

Sche

me

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ager

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oing

th

roug

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co

ntra

ct

20W

orki

ng fr

om h

eight

Risk

of m

ater

ial fa

lling

from

scaf

fold

ing, r

isk o

f m

inor &

maj

or in

jury

to h

omeo

wne

r4

520

21

2Th

e Sc

hem

e M

anag

er w

ill ins

ist th

at In

stalle

rs d

o no

t sto

re a

ny

mat

erial

s at h

eight

The

Princ

iple

Con

tract

or w

ill be

resp

onsib

le fo

r ens

uring

the

site

is tid

y an

d no

t cau

sing

any

risk

to h

ouse

hold

ers a

nd th

e ge

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l pu

blic.

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iple

Con

tract

orO

ngoi

ng

thro

ugho

ut

cont

ract

21W

orki

ng fr

om h

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Risk

of f

alling

from

heig

ht b

y ins

talle

r, ris

k of

m

ajor

inju

ry2

36

21

2Th

e Sc

hem

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anag

er re

quire

all i

nsta

llers

to b

e "c

lippe

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usin

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hilst

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ork

at h

eight

is u

nder

take

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hem

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anag

er w

ill au

dit t

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uring

on

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spot

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cks.

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insta

ller w

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ve b

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re w

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is sto

pped

.Pr

incip

le C

ontra

ctor

Ong

oing

th

roug

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co

ntra

ct

22Eq

uipm

ent b

eing

store

d on

site

Risk

of m

inor i

njur

y to

hom

eow

ner w

ho is

not

aw

are

of e

quip

men

t, 2

36

21

2Th

e Pr

incip

le C

ontra

ctor

will

man

age

and

impl

emen

t sto

rage

fa

cilitie

s on

site,

suita

ble

to th

e na

ture

of t

he a

rea.

The

Sche

me

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ager

will

insist

that

Insta

llers

stor

e eq

uipm

ent i

n a

suita

ble

man

or, d

emar

catin

g sto

rage

zone

s and

pro

viding

safe

mea

ns o

f ac

cess

aro

und

any

equip

men

t

This

will

be a

udite

d at

mon

thly

spot

che

cks

Princ

iple

Con

tract

orO

ngoi

ng

thro

ugho

ut

cont

ract

23M

ater

ials b

eing

store

d on

site

Risk

of m

inor i

njur

y to

hom

eow

ner w

ho is

not

aw

are

of m

ater

ials

43

12

22

4Th

e Pr

incip

le C

ontra

ctor

will

man

age

and

impl

emen

t sto

rage

fa

cilitie

s on

site,

suita

ble

to th

e na

ture

of t

he a

rea.

The

Sche

me

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ager

will

insist

that

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llers

stor

e eq

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ent i

n a

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ble

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or, d

emar

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g sto

rage

zone

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pro

viding

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mea

ns o

f ac

cess

aro

und

any

equip

men

t

This

will

be a

udite

d at

mon

thly

spot

che

cks

Princ

iple

Con

tract

orO

ngoi

ng

thro

ugho

ut

cont

ract

24D

ust

Risk

of m

inor i

njur

y to

hom

eow

ner f

rom

dus

t cr

eate

d by

wor

king

s4

416

22

4Th

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hem

e M

anag

er w

ill re

ques

t the

Prin

ciple

Con

tract

or

mon

itor t

he le

vels

of d

ust a

t all t

imes

. At t

he e

nd o

f eve

ry w

ork

day,

any

dus

t cau

sed

by w

orks

on

site,

mus

t be

clean

ed a

way

This

will

be a

udite

d at

mon

thly

spot

che

cks

Princ

iple

Con

tract

orO

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ng

thro

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ut

cont

ract

25U

se o

f lad

ders

Risk

of i

nsta

llers

fallin

g fro

m la

dder

s thr

ough

inp

rope

r use

45

20

42

8La

dder

s may

be

used

on

site,

how

ever

, the

se m

ust a

lway

s be

tied

in at

the

top.

Lad

ders

may

only

be

used

as a

mea

ns o

f acc

ess a

nd

not a

s a p

iece

of e

quip

men

t for

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king

on.

For

wor

king

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eight

, sc

affo

lding

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t be

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as p

er b

est p

ract

ice a

nd H

SE

requ

irem

ents

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udite

d at

mon

thly

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cks

Princ

iple

Con

tract

orO

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ugho

ut

cont

ract

Page 64: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

64

26U

nload

ing o

f mat

erial

sRi

sk o

f ins

talle

rs fa

lling

from

ladd

ers t

hrou

gh

inpro

per u

se, f

alling

from

side

of w

agon

43

12

42

8Th

e Pr

incip

le C

ontra

ctor

is re

spon

sible

for e

nsur

ing th

at n

o em

ploy

ee o

f any

subc

ontra

ctor

wor

ks o

n th

e ba

ck o

f any

flat

bed

wag

on th

at h

as n

o ed

ge p

rote

ctio

n in

plac

e

It is

the

resp

onsib

ility

of th

e M

ater

ials S

uppl

ier to

ens

ure

that

eve

ry

wag

on se

nt to

site

has

a K

- Gua

rd ty

pe sy

stem

in p

lace

to e

nsur

e th

at sa

fe u

nload

ing c

an ta

ke p

lace

Princ

iple

Con

tract

or &

Su

pplie

r

Ong

oing

th

roug

hout

co

ntra

ct

27U

se o

f mob

ile to

wer

sRi

sk o

f ins

talle

rs fa

lling

from

ladd

ers t

hrou

gh

inpro

per u

se4

312

42

8M

obile

tow

ers a

re n

ot a

llow

ed o

n sit

e.Pr

incip

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ontra

ctor

Ong

oing

th

roug

hout

co

ntra

ct

28U

se o

f Sca

ffold

ingRi

sk th

at sc

affo

lding

ere

cted

is n

ot fi

t for

pu

rpos

e, n

ot si

gned

off

corre

ctly,

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ituat

ion

chan

ges t

hat p

uts t

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ener

al pu

blic,

op

erat

ives,

hom

eow

ner a

t risk

.

43

12

42

8A

ll wor

king

from

heig

ht is

nee

ded

to b

e pl

anne

d in

adva

nce.

For

ex

ampl

e, a

n as

sess

men

t of t

he g

roun

d, a

met

hod

state

men

t for

its

cons

truct

ion,

and

an

asse

ssm

ent o

f its

suita

bility

with

the

prop

erty

, th

e su

rroun

ding

are

a, a

nd th

e w

eath

er.

The

Princ

iple

Con

tract

or m

ust p

rovid

e th

e Sc

hem

e M

anag

er w

ith

the

scaf

fold

ing c

erts

for s

ubco

ntra

ctor

s bein

g us

ed. I

nsta

llers

mus

t pr

ovid

e a

string

ent c

heck

ing p

roce

dure

for m

anag

ing a

nd

mon

itorin

g th

e sc

affo

lding

tags

, alo

ng w

ith c

heck

s on

suita

bility

and

co

mpl

ete

use.

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iple

Con

tract

orO

ngoi

ng

thro

ugho

ut

cont

ract

42

8A

s the

insta

lling

of E

WI r

equir

es fr

eque

nt a

djus

tmen

ts to

the

scaf

fold

ing, t

his n

eeds

to b

e pl

anne

d in

adva

nce,

risk

ass

esse

d.

Follo

wing

eve

ry a

djus

tmen

t, th

e sc

affo

ld ta

gs n

eed

to b

e re

plac

ed

follo

wing

full c

heck

s by

a tra

ined

and

com

pete

nt p

erso

n.

The

Sche

me

Man

ager

will

chec

k th

e co

rrect

usa

ge a

nd su

itabi

lity

of sc

affo

ldlin

g du

ring

on si

te sp

ot c

heck

sPr

incip

le C

ontra

ctor

Ong

oing

th

roug

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co

ntra

ct

29W

orki

ng a

roun

d ho

meo

wne

rsA

ppre

ciatio

n to

hom

eow

ner

33

9

31

3Th

e Sc

hem

e M

anag

er re

quire

s ope

rativ

es to

be

polite

at a

ll tim

es

to h

omeo

wne

rs a

nd th

e ge

nera

l pub

lic. T

he P

rincip

le C

ontra

ctor

m

ust s

how

willi

ng to

mon

itor c

lient

man

agem

ent o

n sit

e an

d re

port

to th

e Sc

hem

e M

anag

er a

s nec

essa

ry

Cus

tom

er S

atisf

actio

n su

rvey

s will

chec

k on

the

com

mun

icatio

ns

betw

een

insta

ller o

pera

tives

and

hom

eow

ners

. Cus

tom

er

Satis

fact

ion

mus

t be

done

dur

ing in

stalla

tions

or a

t lea

st w

ithin

a tim

ely p

erio

d af

terw

ards

. The

Sch

eme

Man

ager

will

spea

k to

ho

meo

wne

rs d

uring

on

site

spot

che

cks,

any

prob

lems w

ill be

br

ough

t to

the

insta

llers

imm

ediat

ely.

Princ

iple

Con

tract

orO

ngoi

ng

thro

ugho

ut

cont

ract

30A

cces

s & e

gres

sRi

sk o

f mino

r inj

ury

from

slip

s, tri

ps, f

alls,

44

16

32

6Th

e Pr

incip

le C

ontra

ctor

mus

t plan

the

site

to e

nsur

e all

are

as a

re

segg

raga

ted

and

dem

arca

ted

arou

nd th

e ho

meo

wne

rs p

rope

rty.

The

Sche

me

Man

ager

will

mon

itor t

his d

uring

on

site

spot

che

cks

Princ

iple

Con

tract

orO

ngoi

ng

thro

ugho

ut

cont

ract

31N

oise

Nuis

ance

for h

omeo

wne

r and

neig

hbou

rhoo

d3

39

21

2Th

e Pr

incip

le C

ontra

ctor

mus

t fol

low

gen

eral

guid

eline

s for

noi

sy

wor

k du

ring

wor

king

hou

rs, a

s per

HSE

requ

irem

ents.

This

will

be c

heck

ed d

uring

Cus

tom

er S

atisf

actio

n Su

rvey

sPr

incip

le C

ontra

ctor

Ong

oing

th

roug

hout

co

ntra

ct

32W

orki

ng H

ours

Nuis

ance

for h

omeo

wne

r and

neig

hbou

rhoo

d3

26

31

3Th

e Pr

incip

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ontra

ctor

mus

t fol

low

gen

eral

guid

eline

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w

orki

ng h

ours

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iple

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orO

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ng

thro

ugho

ut

cont

ract

Page 65: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

65

Access & Egress Procedure All Melin staff and Subcontractors must follow the below procedure prior to entering any property or grounds of a property:

Pre-works

1) No persons are permitted on the grounds that have not previously provided identification to the Arbed 2 team.

2) Complete a Visual Assessment Form prior to entering the grounds of the property

3) Following an assessment of whether it is safe to enter, enter with caution. Any reasons for not entering must be recorded on the said form

4) All persons must provide identification to the householder. All householders will have been previously notified of future works, All Subcontractors are to patiently explain their purpose and plan

Visual Assessment Form – to be used by the Subcontractors & Visitors prior to entering any property grounds

Page 66: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

66

5) Following sufficient engagement with the householder, an assessment must be made on the layout of the grounds in respect to future installation of measures.

6) Where necessary a drawing / photographic record of the property grounds is advised to be taken

7) The above records must form part of an Access Statement (provided by the Contractor) for the go ahead of works. Where the contractor has been previously made aware of asbestos being present, or asbestos is found to be present, the Contractor must follow the Asbestos Procedure.

8) Access Statements must be signed off and managed within the Contractors management team, however, provided ad hoc to the Arbed 2 team during inspections

9) Contractors must engage and work collaboratively with householders to agree on a safe means of access to the property where the grounds may appear “cluttered or unsafe”. No property can be moved without notifying and seeking permission from the householder.

During Works

10) During the works, it is in the best interest for all parties, householders and Contractors to maintain safe and tidy access and egress from the property

11) Contractors are required to store only the absolute minimum within the grounds of the property. No plant or machinery can be stored on the property grounds due to the potential of attracting theft and / or vandalism

12) At the end of every working day, and in particular at the end of every working week, the site must be cleared of rubbish, dust and waste material.

13) During all works, a safe means of access must be maintained to the property entrance. This will require a demarcated and segregated pathway that is never blocked with plant, machinery or materials.

14) Where access is required under scaffolding or areas of working from height, Contractors must work in accordance with best practice. Scaffold netting must be used where necessary, all contractors to be clipped in to the scaffolding, and loose material must never be stored at height.

Post Works

15) Post works, the Contractor must work collaboratively to leave the property grounds as it was found pre-works. This will be aided with photographic evidence where necessary.

Page 67: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

67

Delivery Plan – Heating & Plumbing

Call off system with Grahams Merchants, via the Cardiff branch.

Welfare & Storage Where a Bidder has the capabilities to fulfil the Principle Contractor role on this contract, a Site Plan is requested in the Mini Tender Questionnaire. This Site Plan needs to present plans for welfare, storage, parking and waste management. The Site Plan that will be inserted in the HSEQ Pack as part of this tender process will be scored on the level of detail provided, being sympathetic to the householders and the general public in the area.

Page 68: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

68

Asbestos Management Plan Please see detail regarding Smarter Professional Solutions page 44.

For information, for anywhere where asbestos may be encountered before an asbestos survey has been carried out, the following procedure applies:

Inform Control Act / Monitor Record

The arbed team are aware that there may be asbestos present at all properties. Further to information being provided by the Local Authority, the Arbed team will establish where there may be asbestos present. The System Provider will provide Arbed with design solutions for all likely possibilities. Prior to any installations taking place, all Contractors must complete a risk assessment (procedure to be determined by the Contractor), along with the Visual Assessment Form upon entering the property grounds. Where asbestos is found to possibly present, the Contractor must inform the arbed 2 team prior to progressing with the install. After determining whether the asbestos is a risk, the Contractor must use the design solutions provided by the System Provider to develop a Method Statement for the installation.

After the Method Statement is written (to be kept on site for inspections) the installation can take place, to be completed by a sign off by the Arbed 2 team, System Holder and the Contractor. The phone line for Contactors will be available at all times in case of emergency.

The following rules apply for working around asbestos:

- The householder must not be made aware (by the Contractor) that asbestos is present

- The Contractor must wear all sufficient PPE - The Contractor must ensure that there is a trained and competent person

present whilst working in the presence of asbestos - The asbestos must not be disturbed, and the strict guidance provided by the

System Holder must be adhered to - Work must stop if there is any likelihood that asbestos will be disturbed

Page 69: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

69

Local Authority

Arbed 2 team informed of potential asbestos

Investigation in to potential asbestos, likelihood, location and nature

System holders issue design solution for asbestos presence

Arbed team informs Contractors

Contractor completes Risk Assessment at property

Phone line to Arbed 2 team, Contractor confirms presence of

asbestos

Contractor develops Method Statement for installation, using Design Solutions from

System Holder

Contractor installs measure. Arbed team monitors Contractor

Phone line to Arbed 2 team for on site emergency

Arbed 2 team, system holder and Arbed 2 sign off installation

Mini Tender Process

Stop Point

Pre Contract

Contract

Asbestos Works Plan

Page 70: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

70

Contractor Management Tools

This Section is to provide the bidder with a sample selection of key Subcontractors management documents, i.e. what Arbed 2 will, be using to monitor and evaluate performance of Subcontractors throughout the scheme installation.

Daily Issue Log SubContractor Job Assessment Checklist Contract Completion Form

Page 71: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

71

Proj

ect N

ame:

Con

trac

tor N

ame

Revi

ewed

By

Dat

e

Issu

e No

Dat

e re

ceiv

ed

arbe

d 2

Issu

e se

nt b

y Ad

dres

sD

etai

l of I

ssue

Det

ail o

f act

ion

Dat

e of

arb

ed

2 Ac

tion

Out

com

eIs

sue

Stat

usC

ompl

etio

n D

ate

Issu

e Ty

peRe

cord

ed b

y (a

rbed

2

Con

tact

)

Tota

l0

Issu

e Lo

g

Con

trac

tor x

Issu

e Lo

g

DO

C R

EF H

S 00

8

Page 72: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

72

Contents

1. Purpose

2. Guidance Notes

3. Subcontractor and Site Details

4. Checklist

5. Signatures

Subcontractor Job Assessment Checklist

Page 73: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

73

The nature of the Melin Homes programme involves Arbed 2 Subcontractors undertaking work in unfamiliar Site Environments.

This checklist details the site Health, Safety, Quality and Environmental considerations the Subcontractor should familiarise themselves with when working in a new environment to ensure that they are informed of any factors that may affect their safe working practices whilst on client sites.

This Subcontractor Job Assessment Checklist is split into two parts:

1. Pre Survey/Installation – this part of the form should be completed by the Subcontractors with the client representative prior to undertaking a survey or installation.

Note: If the Client representative is not available to brief the subcontractor, they should complete the form stating that the client is not present and satisfy themselves through their own Risk Assessment procedures that work should commence.

2. Post Survey/Installation – this part of the form should be completed by the client representative after the survey/Installation has been carried out.

The Subcontractor must complete this checklist together with the Client Representative to ensure as far as reasonably practical that site considerations have been made with regard to safe working practices.

Once completed, the Subcontractor must return this form to Arbed 2 together with the survey or installation report for evaluation. This is not a Risk Assessment form which must also be completed for each job.

1. Purpose

2. Guidance Notes

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74

3. Subcontractor and Site Details Subcontractor Name:

Subcontractor Address:

Post Code:

Telephone No.:

Fax No.

Email Address:

Contact Name 1:

Contact name 2:

Contact Name 3:

Company Activity:

Date of Survey/Fitting:

Time of Survey/Fitting:

Site Location:

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75

Subcontractor Job Assessment Checklist

No Verification Yes/No Comments

1 Pre Survey/Installation To be filled in by Subcontractor

1 Have you identified yourself and signed in on-site? Yes / No

2 Is the client present on site and available to brief you? Yes / No

3 Have you produced and provided the client with a written safety method statement?

Yes / No

4 Have you produced and provided the client with an onsite risk assessment? Yes / No

5 Are there suitable welfare and toilet facilities available for your use whilst on-site?

Yes / No

6 Have you been briefed on any rules or procedures you must adhere to whilst on site?

Yes / No

7 Have you been briefed on the site emergency arrangements? e.g. what do you do in the event of a fire evacuation

Yes / No

8 Is there suitable Fire Fighting provisions for the area in which you will be working?

Yes / No

9 Have you got access to the client’s first aid facilities whilst on site? Yes / No

11 Have you been briefed on the access/egress routes your must use whilst on-site?

Yes / No

Page 76: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

76

12

Have you been briefed of any site conditions, risks or any other information relevant to task that you may be exposed to whilst on site? , Hazardous Materials

Yes / No

13

Has an asbestos survey been performed and no asbestos containing material are possible to be disturbed whilst undertaking the task?

Yes / No

14

Have you got your ‘Contractor working inside’ sign ready to place on the door entrance of the area you will be working?

Yes / No

2 Post Survey/Installation To be filled in by Client Representative

2.1

Has the Subcontractor caused any damage whilst on the client’s site? Yes / No

2.2 Has the Subcontractor conducted themself in a respectful and courteous manner whilst on the site?

Yes / No

2.3

Has the Subcontractor left the work area in a clean and tidy condition and cleared any materials, equipment and waste from the site or into a storage area agreed with the client?

Yes / No

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2.4

Did the Subcontractor report an accident, Incident or near miss whilst working on site?

If yes, please detail.

4. Signatures

Name of Subcontractor:

Signature of Subcontractor:

……………………………………………

Date:

Name of Client Representative:

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78

Please do not write below this line, for Arbed 2 use only

----------------------------------------------------------------------------------------------------------------------------------------------

Signature of Client Representative:

……………………………………………

Date:

Date received at Arbed 2:

Received by (print name):

Signed by (Arbed 2 Rep):

……………………………………………

Date entered into database:

Page 79: Penydarren, Merthyr Tydfil External Wall Insulation ... Part C.pdf · Address: Melin Homes, Ty'r Felin, Lower Mill Field, Pontypool, Torfaen, NP4 0XJ • The . Project Manager

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Project Name:

Contractor Name

Reviewed By

Contractor Health & Safety Summary Report

Contractor Site Audits

Rate the Contractors performance on quality, based on the results of the Contractor Site Audits

Technical Monitoring

Rate the Contractors performance on quality, based on Technical Monitoring carried out

Customer Satisfaction

Rate the Contractors performance based on Customer Satisfaction carried out

Issue Log

Rate the Contactors performance in relation to the score achieved due to the percentage number of issues recorded in the issue lo

0

50

0

%

% Score Colour Comments/Action0-25% Red Failure, Do Not keep contractor on Approved Contractor List26-55% Red Failure, Seriously consider whether contractor should remain on Approved Contractor list even if improvements are made.56-80% Amber Pass. Improvements can be made for future contracts. Feedback to Contractor where improvements could be achieved. 81-100% Green Excellent Pass, Feedback, congratulate. Carry on

--

Rate the Contractor for its remediation in terms of time and quality in relation to Customer Satisfaction where results have not been satisfactory

DOC REF HS 012

Date

Guidance

0-5

Has the Contractor provided each completed Monthly Report (Accidents and accident investigations, near misses, dangerous occurrences/effects, training records)

Rate the Contractor for its remediation in terms of time and quality in relation to Contractor Site Audits where results have not been satisfactory

Total Achieved Audit Score ÷ Potential Audit score x 100 = achieved %

This form should be completed by the Project Manager

Please overwrite 0-5 with the score you would like to award for the answer to each question

Rate the Contractor for its remediation in terms of time and quality in relation to Issues recorded in the Analysis sheet of the Issue Log

Rate the Contractor for its remediation in terms of time and quality in relation to Technical Monitoring where results have not been satisfactory

0-5

0-5

0-5

0-5

0-5

Contract Completion Form

Rate the Contractor for its remediation in terms of time and quality in relation to Contractor H&S Summary Reports where results have not been satisfactory 0-5

Total Achieved Audit Score End of AuditTotal Potential Audit score

0-5

0-5

0-5

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80

E Activity Schedule

Section F presents the Activity Schedule for the Arbed 2 team for this scheme. Bidders are encouraged to provide an Activity Schedule for their specific works in Section H4

F Mini Tender Questionnaire for Contractors

Section G involves a full questionnaire oriented around the provision of key information needed for the management of a scheme. Arbed 2 are aware that you may have provided certain sections of this previously as part of the framework tender. However, it is important to remember that policies should be updated and revised on a frequent basis, and site specific documentation should be provided at all times. The bidder is encouraged to answer the questions in the following sections, and insert the relevant parts (as indicated) in Section H (the Contractor Specific Health & Safety Plan)

1.0 Company Details 2.0 Your Policy for Health, Safety, Environmental and Quality 3.0 Health & Safety Assistance 4.0 Health & Safety Monitoring 5.0 Health & Safety Training 6.0 Employment & Training Provision 7.0 Financial Instruction