Major Works Contract Completion Checklist

Note: this Checklist should be completed when compiling the Major Works Contract for signing. The purpose of this Checklist is to ensure that all steps of the contract process have been undertaken before the Contract is compiled and sent to the Contractor.

Once the Contract has been compiled, it should be sent together with this Checklist duly completed and a completed Contract Execution Request Form to the Contract Administrator fora quality assurance review. The Contract Administrator will then arrange for the Contract to be signed by the Contractor and the noted Ministry representative.

If you have any queries in regards to this process, please email the first instance.

Compiled by:
DFA: / Contract Reference:
School: / Contract Price: / $
Project Description: / Commencement Date:
Contractor: / Completion Date:

Approvals & reviews that must have been completed before contract is compiled:

CIS has been completed: / Yes/No / Recommendation Report has been approved: / Yes/No
EIS Commercial Procurement & EIS Legal have provided advice on tender tags (if any): / Yes/No/
Not applicable / EIS Legal has approved the final draft copy of the Contract (email confirmation is attached): / Yes/No
Is there a Letter of Intent for this Project? / Yes/No / Contract Works Insurance has been obtained: / Yes/No

Contract Compilation Checks:

Ref # / Contents / Completed
Correct signing of the Contract
1. / If the Contractor is a company:
  • A Company Search must always be made on theNew Zealand Company Office websiteto ensure that the company exists, has not been struck off, and/ or has no warnings registered against the company.
  • The Company Search will also confirm how many directors the company has and their names:
  • if the company has two or more directors, both or at least two of those directors should sign the Contract. The director’s signatures do not need to be witnessed;
  • if the company has only one director, that director should sign and his or her signature must be witnessed, and the witness should also print his or her name, occupation and address.
  • Alternatively, companies may execute under power of attorney, or in some other way if the company’s rules allow. In these circumstances, you must ensure that you obtain a copy of the POA or evidence that the company’s rules allow an alternative way of signing a contract.If you are unsure of this, please check with EIS Legal.
If the Contractor is an individual:
  • The individual(s) should sign and the signature(s) does not need to be witnessed.
Note:
The guidance set out above relates to the signing of the Contract, which is an agreement. The rules for an individual signing a deed (for example, the Weathertightness Warranty and other warranties attached in the Schedules to the Major Works Contract) are different, in that an individual Contractor must sign such deeds in front of a witness, and should then print his or her name, occupation and address. / Yes/ No
Contractor name on Contract is the same as the nameon the tender proposal for this project
2. / Have you checked that the Contractor namedin the Contract is the same as the name listed on the tender proposal for this project? / Yes/ No
Delegated Financial Authority (DFA)
3. / The Ministry’s DFA has been identified in the Contract. Have you checked that the intended signatory holds the appropriate financial delegation for the full value of the Contract?
Note:
  • Ministry of Education table of financial delegations can be accessed here.
  • Ministry’s Delegation register can be accessed here.
/ Yes/ No
Insurance Certificates
4. / The appropriate Insurance Certificates have been completed and included in the compiled Contract?
a.Contract Work Insurance (CWI) (MoE to action – see note below)
b.Professional Indemnity (PI) insurance
c.Public Liability (PL) insurance
d.Contractor’s Plant and Machinery insurance
Note:
  • You must ensure thatContract Work Insuranceis in place (via the Ministry’s brokers JLT) before the Contractor goes on site.If the Project has a Contract value of over $15 million, or a construction period exceeding 18 months, or has a defects liability exceeding 12 months, you will need special acceptance by JLT before it can be covered.
  • JLT’s website can be accessed here.
  • You must ensure that the insurance levels etc set out in the Certificates correspond with what is required by the Contract before proceeding with Contract execution.
  • All insurances must be in place before the Contractor goes onsite. External PMs and or DMs are responsible for managing this process with the Contractor and the Insurance Company.
/ Yes/ No
Weathertightness Warranty
5. / The Contractor’s Weathertightness Warranty (the form of which is set out in Schedule 18 of the Contract) has been completed to the extent possible (i.e. the Contract date won’t be inserted until both parties have executed the documents). / Yes/ No
EIS Legal Review
6. / EIS Legal have reviewed the negotiated terms and provided sign off? / Yes/ No
Contractor’s Performance Bond
7. / The Contractor’s Performance Bond (the form of which is set out in Schedule 3 of the Contract) has either been completed and the Bond has been sent to the Contract Administrator or an acceptable date for the Ministry to receive the Bond has been agreed?
Note:
  • A Bond is required if the Contract Price is in excess of $1 million or if the Project is considered high risk.
  • The Contractor has 2 months from the Date of Acceptance of Tender to provide the Bond to the Ministry.
  • No payments under the Contract are payable to the Contractor until the Ministry has received the Bond.
  • The Ministry should receive the Bond at the time of execution of the Contract by the Contractor.
/ Yes/ No
Post Tender Documents
8. / Have all post tender documents been included in the compiled Contract?
Note:
Refer to ‘Steps for compiling MOE Major Works Construction Contracts’ for compiling requirements. / Yes/ No
Proof read
9. / Has the Contractbeen proof-read for formatting and spelling errors and confirmed to be to a professional standard (without consultant headers etc). / Yes/ No

Version: 1 August 2017 Page 1 of 3