APPENDICES TO
PRELIMINARIES/
GENERAL CONDITIONS
APPENDIX A
FLUCTUATIONS: (CONTRIBUTION, LEVY AND TAX FLUCTUATIONS)
SEE PRELIMINARIES CLAUSE A20: Clause 5.11 & Schedule Part 2
The Contractor is required to specify in the following list the materials, goods and electricity to which the fluctuations provisions set out in Clause 5.11 & Schedule Part 2 of the Scottish Form of Design & Build Contract are to apply.
For the purpose of Clause 5.11 & Schedule Part 2the fluctuations provisions shall not apply to fuels.
Note: An item to the effect of “All goods, materials and/or electricity” is not acceptable.
Materials, Goods and Electricity
Contractor’s Signature______
Position Held______
Date______
THIS SECTION MUST BE COMPLETED AT TIME OF TENDER
APPENDIX B
ALTERNATIVE PRODUCTS
SEE PRELIMINARIES CLAUSES A30:530A AND A31:200
CLAUSE REFERENCEAND/OR
ITEM REFERENCE / AGREED ALTERNATIVE PRODUCT
Contractor’s Signature______
Position Held______
Date______
THIS SECTION MUST BE COMPLETED AT TIME OF TENDER
APPENDIX C
LIST OF SUB-CONTRACTORS
Tenderers will furnish the names and addresses of all sub-contractors whom they propose to employ on site, prior to the submission of the tender. Failure to provide the names of all sub-contractors on which the tender is based may invalidate the offer.
Subsequent requests for approval to substitute a named sub-contractor will only be considered if the Contractor gives adequate reasons for the proposed substitution in writing. The Employer reserves the right to refuse the substitution of another sub-contractor, and should approval be given, to make known to the original named sub-contractor the basis on which such approval is given.
I/We propose to employ the undernoted Sub-Contractors:-
TRADEName ______
Address ______
______
Tel No ______
Name ______
Address ______
______
Tel No ______
Name ______
Address ______
______
Tel No ______
Attach Additional Sheet as required
Contractor’s Signature______
Position Held______
Date______
THIS SECTION MUST BE COMPLETED AT TIME OF TENDER
APPENDIX D
EMERGENCY REPAIRS
The Contractor has to state below the emergency telephone numbers at which his emergency repairs staff can be contacted and called out immediately at any time by Fife Council to deal with emergencies occurring at the Contract Works.
If the Fife Councils’ telephone calls are not answered and/or emergency staff do not act immediately, then the Council reserve the right to call out an alternative Contractor to deal with the emergency and the Contractor will be charged for this service at the rate of £100 per man hour labour, and cost plus 15% for materials and/or plant required for the emergency repair work executed by the alternative Contractor.
Contractor to state here his......
emergency repair telephone
numbers for all trades......
encompassed in the Contract
......
......
......
......
......
Contractor’s Signature______
Position Held______
Date______
THIS SECTION MUST BE COMPLETED AT TIME OF TENDER
APPENDIX E
EXAMPLE OF MINIMUM REPORT STANDARD REQUIRED
SITE REPORT
SEE PRELIMINARIES CLAUSE A32: 250A.
Contract Name and Number
Report Number
Week Ending
Contractor
______
1.Contract Completion Date
Note of any extension of time agreed or now claimed with reasons.
2.Progress Programmed and Progress Achieved
Comments and reasons where behind programme and note of action.
3.Labour, Plant and Materials
Note of any shortage and action being taken.
4.Information Required
Note of any information or instructions required.
Contractor’s Signature______
Position Held______
Date______
Threecopies of the report shall be forwarded to the Contract Administrator to reach him not later than the Wednesday following the end of each period.
APPENDIX F
ASBESTOS REPORT
SEE PRELIMINARIES CLAUSE A34 370A
No existing report available
APPENDIX G
Not used
APPENDIX H
LIST OF CONSULTANTS TO THE CONTRACTOR
Tenderers will furnish the names and addresses of all Consultants whom they propose to employ, prior to the submission of the tender. Failure to provide the names of all Consultants on which the tender is based may invalidate the offer.
Subsequent requests for approval to substitute a Consultant will only be considered if the Contractor gives adequate reasons for the proposed substitution in writing. The Employer reserves the right to refuse the substitution of another Consultant, and should approval be given, to make known to the original named Consultant the basis on which such approval is given.
I/We propose to employ the undernoted Consultant’s:-
SERVICE
______Name ______
Address ______
______
Tel Nr. ______
______Name ______
Address ______
______
Tel Nr. ______
______Name ______
Address ______
______
Tel Nr. ______
Tenderer’s Signature______
Position Held______
Date______
THIS SECTION MUST BE COMPLETED AT TIME OF TENDER
APPENDIX I
COLLATERAL WARRANTY EXEMPLAR
CS3450381Proposed Skate Park
Location: Lochgelly Public Play Park, Johnston Crescent, Lochgelly
Sub-Contract Works: [To be completed]
EMPLOYER/SUB-CONTRACTOR COLLATERAL WARRANTY AGREEMENTbetweenTHE FIFE COUNCIL constituted in terms of the Local Government etc. (Scotland) Act 1994 and having their principal offices at Fife House, North Street, Glenrothes, Fife, KY7 5LT (hereinafter referred to as” the Employer")and[Insert name of relevant Sub-Contractor], incorporated under the Companies Acts with Registered Number whose registered office is at(hereinafter referred to as” the Sub-Contractor")
CONSIDERING THAT the Employer has entered intoa contract for certain works as identified above (hereinafter referred to as ‘the Main Contract Works’) with [To be completed] (“the Main Contractor “) for which the contract conditions are: SBCC Minor Works Contract with Contractors Design for use in Scotland (MWD/Scot), 2013 Edition. (hereinafter referred to as “the Main Contract Conditions”)
FURTHER CONSIDERING that the Sub-Contractor has entered into / intendsto enter into a sub-contract for certain sub-contract works as identified above (hereinafter referred to as ‘the Sub-Contract Works’) which form part of the Main Contract Works with the Main Contractor (hereinafter referred to as “the Sub-Contract”) on the basis that the Sub-Contractor and the Employer will enter into a form of Employer /Sub-Contractor Agreement;
FURTHER CONSIDERING that the Employer and the Sub-Contractor have agreed to enter into this Agreement THEREFORE the Employer and the Sub-Contractor HAVE AGREED and DO HEREBY AGREE as follows:
1.The Sub-Contractor warrants that he has exercised and will exercise all reasonable skill and care in
2.the design of the Sub-Contract Works in so far as the Sub-Contract Works have been or will be designed by the Sub-Contractor;
3.the selection of materials and goods for the Sub-Contract Works in so far as such materials and goods have been or will be selected by the Sub-Contractor; and
4.the satisfaction of any performance specification or requirement in so far as such performance specification or requirement is included or referred to in the description of the Sub-Contract Works as detailed in the Sub-Contract documents and in so far as the Sub-Contract Works have been or will be designed by the Sub-Contractor and such materials and goods have been or will be selected by the Sub-Contractor.
Nothing in Clause 1 shall be construed so as to affect the obligations of the Sub-Contractor under the Sub-Contract in regard to the supply under the Sub-Contract of workmanship, materials and goods,
Upon the execution of the Sub-Contract with the Main Contractor the Sub-Contractor shall
1.supply such information ( including drawings) relating to the Sub-Contract Works in accordance with the agreed Sub-Contract programme or in the absence of a programme at such time as may reasonably be required so as not to cause delay under the Main Contract;
2.so perform his obligations under the Sub-Contract so that the Main Contractor will not by reason of any default of the Sub-Contractor be entitled to determine the employment of the Sub-Contractor provided that the valid exercise by the Sub-Contractor of any right of suspension of further execution of the Sub-Contract Works shall not be regarded as “default by the Sub-Contractor”;
Nothing in Clause 2 shall be construed so as to cause the Sub-Contractor to have any liability under this Agreement in respect of any revised period of time for delay in carrying out or completing the Sub-Contract Works for which the Sub-Contractor is entitled to an extension of time under the Sub-Contract Conditions.
1.After the issue of the final certificate under the Main Contract Conditions, the Sub-Contractor shall in addition to such other responsibilities, if any, as he has under this Agreement, have the same responsibility to the Employer for the Sub-Contract Works as the Sub-Contractor has to the Main Contractor under the terms of the Sub-Contract.
2.In the event of the Employer alienating his interest in the subjects comprising the Main Contract Works the Employer may not later than 12 years from the date of Practical Completion of the Main Contract Works assign to any third party his right, title and interest to bring proceedings in the name of the Employer of the rights arising under or by any reason out of breach of this Agreement. The Assignee shall be personally barred from disputing any agreements reached between the Employer and/or his authorised representative on the one part and the Sub-Contractor on the other part which arise out of and relate to the Sub-Contract Works ( whether or not they are or appear to be a derogation from the rights assigned).
3. The benefit of this Agreement may be assigned on 2 occasions only without the consent of the Sub-Contractor to any party having an interest in the Main Contract Works. The Sub-Contractor agrees that it shall not at any time assert that any permitted Assignee in terms of this Agreement is precluded from recovering any loss resulting from any breach of this Agreement by reason that such Assignee is not an original party to this Agreement or that no loss has been suffered by such Assignee than that suffered by the original party or a prior assignee.
4.All rights and remedies of the Employer under or by reason of breach of these presents shall expire and be unenforceable at the instance of the Employer or by any third party deriving any right, title or interest hereunder in terms of Clause 4 at the end of 12 years from the last date of execution hereof.
5.This Agreement shall be construed and the rights of the Employer and the Sub-Contractor and all matters arising hereunder shall be determined according to the Law of Scotland.
6.The subcontractor undertakes that it has effected and shall keep in force professional indemnity insurance of Five Million Pounds (£5,000,000) Sterling for any one claim and in all in any one insurance year with insurers licensed to transact insurance business sin the U.K. in respect of the design element of the subcontract works for the period of carrying out the subcontract works and for a further Twelve (12) years from the date of Practical Completion of the subcontract works, subject to such insurance being generally available in the market at commercially reasonable rates. The subcontractor shall upon request by the Beneficiary produce for inspection documentary evidence from its insurers that the insurance cover is being properly maintained.
7.The Sub-Contractor shall have no liability under these presents until he has executed the Sub-Contract with the Main Contractor.
8.The Employer hereby undertakes to intimate the terms of these presents to the Main Contractor by sending a copy thereof to the registered office of the Main Contractor at the address of the Main Contractor given in the preamble hereto.
9.The parties consent to registration of these presents for preservation and execution:
IN WITNESS WHEREOF these presents typewritten on this and the two preceding pages, are executed as follows:-
they are sealed with the Common Seal of and signed for and on behalf of the above named Employer by ……………………………………….one of its proper officers at Glenrothes on the ………………… day of……………..Two Thousand and …………………………………….and signed for and on behalf of the above named Sub-Contractor by …………………its ……………………………………….and a duly authorised representative before this witness …………………………………….……… all together at………………………………………. on the…………………day of …………………… Two Thousand and ……………………..
------
Employer
------Sub-Contractor ------Witness
------Full Name
------Address
------Occupation
APPENDIX I continued
CONSULTANT COLLATERAL WARRANTY AGREEMENT EXEMPLAR
CS3450381Proposed Skate Park
Location: Lochgelly Public Play Park, Johnston Crescent, Lochgelly
between
………………………..
("the Contractor")
and
[Insert name of relevant consultant], incorporated under the Companies Acts with Registered Number
whose registered office is at
("the Consultant")
and
THE FIFE COUNCIL constituted in terms of the Local Government etc. (Scotland) Act 1994 and having their principal offices at Fife House, North Street, Glenrothes, Fife, KY7 5LT ("the Employer ")
AWHEREAS the Contractor has entered into a contract with The Fife Council, constituted in terms of the Local Government etc (Scotland) Act 1994 and having their principal offices at Fife House, North Street, Glenrothes, Fife, KY7 5LT ("the Employer") for the design of INSERT DETAILS OF THE BUILDING("the Works") ("the Contract") and the Contractor has entered into an agreement (hereinafter referred to as "the Appointment") with the Consultant to perform INSERT DETAILS OF THE SERVICES ("the Services") in relation to the Works.
BIt is a condition of the Appointment that the Consultant enters into this Agreement with the Employer.
CThe Employer has relied and will continue to rely upon the Consultant's reasonable skill and care in respect of all matters covered by this Agreement in so far as they relate to the services provided by the Consultant under the Appointment.
IT IS AGREED that:
1.1.1The Consultant warrants and undertakes to the Employer that it has exercised and shall exercise all reasonable skill and care to be expected of an experienced, properly qualified and competent member of the Consultant's profession with experience in carrying out services similar to the Services in connection with developments of a similar size, scope, complexity and value to the Works in respect of all services supplied or to be supplied by the Consultant in connection with the Works in accordance with the Appointment or otherwise.
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1.2The Consultant further warrants and undertakes to the Employer that it has exercised and shall exercise such reasonable skill and care all to the same effect as if the Consultant had been appointed by the Employer.
2.The Consultant undertakes that:-
2.1the Consultant shall maintain at all times during a period of 12 years after Practical Completion of the Works under the Contract professional indemnity insurance in an amount of not less than five million pounds sterling (GBP) for any one occurrence or series of occurrences arising out of one event, provided that such cover is available in the market at commercially reasonable rates.
2.2the Consultant shall immediately inform the Employer if the insurance referred to in Clause 2.1 ceases to be available at rates which are commercially reasonable in order that the Consultant and the Employer can consider alternative means of best protecting their respective positions in respect of the Works.
2.3the Consultant shall provide the Employer from time to time on request, evidence in the form of a broker's certificate, that the insurance policy referred to in clause 2.1 is in force (but on no more than one occasion per annum).
3.The Consultant warrants and undertakes to the Employer that (i) it has and will select any material, substance, building practice or techniques, at the time of specification, for use in the Works in accordance with the guidance contained in the publication "Good Practice in the Selection of Construction Materials" (1997:Ove Arup & Partners) and in accordance with British Standards and Codes of Practice or European Union equivalent and (ii) the Consultant will not select materials, substances, building practices or techniques which at the time of specification or use are generally known to contractors within the United Kingdom to be deleterious or hazardous to health and safety or to the durability of the property.
4.Insofar as copyright is vested in the Consultant and/or insofar as the Consultant is the Employer of a licence entitling the Consultant to do so, the Consultant hereby grants to the Employer a royalty-free irrevocable, non-exclusive licence to use and reproduce all the drawings, plans, specifications, schedules, reports, calculations and other work which has been or will be prepared pursuant to the Appointment by the Consultant and/or any of his sub-Consultants or suppliers for all purposes connected with the Works including, but without limitation, the construction, completion, maintenance, advertisement, reinstatement, repair, use, letting and sale of the Works or any part thereof. Such licence shall not however entitle the Employer to reproduce the designs in any of the said drawings, plans, specifications, schedules, reports, calculations and other work for the purposes of any extension of the Works or any part thereof. The Consultant acknowledges that the Employer shall be entitled to pass on the benefit of such licence to the owner(s) and/or occupier(s) and/or heritable creditors from time to time of the Works. The Consultant shall not be liable for the consequences of any use of the said drawings, plans, specifications, schedules, reports, calculations and other work for any purpose other than that for which they were originally prepared by or on behalf of the Consultant.
5.The Consultant shall provide and furnish to the Employer upon request in writing such copies from or extracts of all or any of the materials referred to in Clause 4 of this Agreement together with such information in relation to the Works as the Consultant can reasonably supply upon payment to the Consultant of all reasonable copying and administrative charges.
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6.6.1The benefit of this Agreement may be assigned on two occasions only without the consent of the Consultant to any party having an interest in the Works. Due notification must be given to the Consultant prior to assignation. No further assignations will be permitted.
6.2The Consultant agrees that it shall not at any time assert that any permitted assignee in terms of this Agreement is precluded from recovering any loss resulting from any breach of this Agreement by reason that such assignee is not an original party to this Agreement or that no loss has been suffered by such assignee than that suffered by the original party or a prior assignee.