PRELIMINARIES/GENERAL CONDITIONS
NOTE
The rates and money extensions in the Contract Documents must be priced INDIVIDUALLY in ink. The value of an item not priced will be deemed to have been included in the Contract Sum.
A10PROJECT PARTICULARS
110PROJECT NO 03 81 002
NATURE: Installation of External Insulation to Three Houses in the Coleraine Area Including Replacing Windows, Fascias, Soffits and Bargeboards
LOCATION: Coleraine/Portballintrae
120EMPLOYER:
The Northern Ireland Housing Executive
2 Adelaide Street
BELFAST BT2 8PB
141CONTRACT ADMINISTRATOR:
Energy Conservation Unit
The Northern Ireland Housing Executive
2 Adelaide Street
Belfast BT2 8PB
Contact - Barry Steele
150QUANTITY SURVEYOR:
The Design Services Manager ( Area).
......
......
160CDM CO-ORDINATOR:
North East Propert Services
The Northern Ireland Housing Executive
Twickenham House
59-71 Mount Street
Ballymena, BT43 6BP
Contact – Wilbert Carlisle
A11DRAWINGS
121THE CONTRACT DRAWINGS
The Contract Drawings are:
AL01 – Location Map of Boghill Road, Coleraine
AL02 – Location Map of Ballaghmore Road, Portballintrae
AL03 – Existing Front Elevations of 52&54 Boghill Road, Coleraine
AL04 – Existing Rear Elevations of 52&54 Boghill Road, Coleraine
AL05 – Existing Gable Elevations of 52&54 Boghill Road, Coleraine
AL06 – Proposed Front Elevations of 52&54 Boghill Road, Coleraine
AL07 – Proposed Rear Elevations of 52&54 Boghill Road, Coleraine
AL08 – Proposed Gable Elevations of 52&54 Boghill Road, Coleraine
AL09 – Existing Front and Gable Elevations of 33 Ballaghmore Road, Portballintrae
AL10 – Existing Rear Elevation and Photographs of 33 Ballaghmore Road, Portballintrae
AL11 – Proposed Front and Rear Elevations of 33 Ballaghmore Road, Portballintrae
AL12 – Proposed Rear Elevation and Photographs of 33 Ballaghmore Road, Portballintrae
S(05.11)06 – Schedule of factory pre-finished external door set types.
Composite
181INSPECTION:
Drawings and other documents relating to the Contract may be seen by appointment during normal office hours at the
Northern Ireland Housing Executive
Energy Conservation Unit
2 Adelaide Street
Belfast
BT2 8PB
A12THE SITE
110THE SITE
The site of the proposed Works is located at ;
52&54 Boghill Road, Coleraine
And
33 Ballaghmore Road, Portballintrae
The Contractor is requested to examine the plans of the various types of buildings, also the site, adjoining roads and block plan showing the lines of the proposed new or existing roads, sewers, etc., and the position of the various blocks in relation thereto.
The Contractor must also satisfy himself about all matters relating to the nature and the extent of the proposed Works, access to the site, the accommodation for building materials, the amount of haulage and all local conditions and restrictions likely to affect the execution of the Works and all other matters referred to in, or to be inferred from the Plans and the Conditions of Contract.
The Contractor shall be taken and held to admit that he has inspected the Site, Road Plans, Sections and Various Drawings, Conditions of Contract, also the Contract Documents and carefully examined the same.
The Contractor shall not excavate for, nor shall he use in the Works or remove from the site, any sand, gravel, soil or like material which may result from the excavations without the permission in writing by the Contract Administrator.
All vegetable soil remains the property of the Housing Executive.
Any damage to vegetable soil, which in the opinion of the Contract Administrator was due to negligence on the part of the Contractor, necessitating the importation of vegetable soil shall be at the expense of the Contractor.
A13DESCRIPTION OF THE WORK
120THE WORK
The work consists of Installation of External Insulation, Replacement of Existing Windows, External Doors, Fascias, Soffits, Bargeboards, Gutters, Downpipes and Topping up Loft Insulation to Houses at 52&54 Boghill Road, Coleraine and 33 Ballaghmore Road, Portballintrae.
A20THE CONTRACT
910MINOR WORKS AGREEMENT 1998:
The form of contract will be the JCT Agreement for Minor Building Works 1998 including Supplemental Conditions and incorporating Amendments 1 to 5
MODIFICATIONS:
The modifications specified in respect of the form of contract are the following:
The modifications set out hereafter
Allow for the obligations, liabilities and services described therein against the headings set out below:
AGREEMENT
Page 3Deletion DELETE entirely.
Page 4DeletionDELETE everything with the exception of the 4th Recital.
Amendment4th Recital After the word “mean” on line 1 insert the words “the person identified as such in the Project Particulars of the Preliminaries/General Conditions”.
Page 5DeletionDELETE Articles 1 and 2.
Amendments Article 3 After the word “mean” on line 1 insert the words “the person identified as such in the Project Particulars of the Preliminaries/General Conditions”.
DELETE from the word “or” on line 2 to the word “being” on line 7.
Article 4 DELETE paragraph A.
Article 4 paragraph B on line 1 DELETE the words “Planning Supervisor” and INSERT the words “CDM Co-ordinator”
After the word “mean” on line 1 of paragraph B insert the words “the person identified as such in the Project Particulars of the Preliminaries/General Conditions”.
DELETE from the word “of” on line 2 of paragraph B to the word “Regulations” on last line of Article 4.
A20THE CONTRACT (continued)
Page 6Amendments-Article 6 DELETE the words
“The Royal Institute of British Architects
Royal Institution of Chartered Surveyors Construction Federation
National Specialist Contractors Council” and SUBSTITUTE the words “The Royal Society of Ulster Architects”.
DELETE from the word “one” on line 4 of the words in brackets to the word “adjudication” on line 6 and SUBSTITUTE the words “the President or Vice-President of the Royal Institute of Chartered Surveyors”.
Article 7A DELETE the words
“Royal Institute of British Architects”
“Royal Institution of Chartered Surveyors Chartered Institute of Arbitrators” and SUBSTITUTE the words “The Royal Society of Ulster Architects”.
DeletionDELETE Article 7B.
Page 9DeletionDELETE entirely.
CONDITIONS
Clause1Intention of the parties
AmendmentsClause 1.1.1. DELETE the words “5th recital” and SUBSTITUTE “fifth paragraph of the Short Form of Agreement”
Clause 1.1.1. DELETE the words “Health and Safety” and INSERT the words “Construction Phase”
Clause 1.4. DELETE the words “5th recital” and SUBSTITUTE “fifth paragraph of the Short Form of Agreement”
AmendmentsClause 1.7 DELETE the word “England” on line 4 and SUBSTITUTE “Northern Ireland”.
DELETE the word “Agreement” on line 5 and SUBSTITUTE “Contract”.
Clause2Commencement and completion
AmendmentsClause 2.1. DELETE wording entirely and SUBSTITUTE:
The date for possession shall be the date stated in the Appendix
The date for completion shall be the number of weeks/months from date of possession stated in the Appendix
Clause 2.2. DELETE the words "clause 2.1 hereof" on line 3 and SUBSTITUTE "the Appendix"
Clause 2.3. DELETE the words "clause 2.1 hereof" on line 2 and SUBSTITUTE "the Appendix"
Clause 2.3. DELETE from and including the word "of" on line 5 to and including the reference "[k]" on line 6 and SUBSTITUTE "stated in the Appendix"
Clause 3Control of the Works
AmendmentsClause 3.2.2. DELETE wording entirely.
AddendaAfter Clause 3.2.1. INSERT new Clause 3.2.3, 3.2.4 and 3.2.5 as follows:
3.2.3.All domestic sub-contractors shall be required to enter into a formal sub-contract agreement with the Main Contractor using an appropriate form amended only as necessary to reflect the provisions of the Main Contract conditions.
3.2.4.The Main Contractor, when required by the Contract Administrator, shall provide him with sight of all formal sub-contract agreements.
3.2.5.Each party undertakes to the other in relation to the Works and the site duly to comply with the CDM regulations
CONDITIONS (continued)
Clause 3
AmendmentClause 3.6. DELETE wording entirely and SUBSTITUTE:
The Contract Administrator may, without invalidating the Contract, order an addition to or omission from or other change in the Works or the order or period in which they are to be carried out and any such instruction shall be valued by the Contract Administrator on a fair and reasonable basis, using where relevant prices in the Priced Specification/Schedules/Schedule of Rates * and such valuation shall include any direct loss and/or expense incurred by the Contractor due to the regular progress of the Works being affected by compliance with such instruction, or due to the compliance or non-compliance by the Employer with clause 5.6.
Instead of the valuation referred to above, the price may be agreed between the Contract Administrator and the Contractor prior to the Contractor carrying out any such instruction.
Clause 4Payment
AmendmentsClause 4.1. DELETE wording entirely and SUBSTITUTE:
Any inconsistency in or between the Contract Drawings * and the Contract Specification * and the Schedules * shall be corrected and any such correction which results in an addition, omission or other change shall be treated as a variation under Clause 3.6. hereof. Subject always to Clause 4.7. nothing contained in the Contract Drawings * or the Contract Specification * or the Schedules * shall over-ride, modify or affect in any way whatsoever the application or interpretation of that which is contained in these Conditions.
Clause 4.2.2. DELETE entirely.
Clause 4.3. DELETE from and including the word “If” on line 17 to and including the word “apply” on line 21.
Clause 4.5.2. DELETE entirely.
Clause 4.6. DELETE "————%" on line 4 and INSERT "as stated in the Appendix"
AddendumAfter Clause 4.8. INSERT new Clause 4.9. as follows:
Clause 4.9. Notwithstanding anything which is stated therein, Clause 4.1. does not apply to anything contained or referred to in the section of the Contract Documents headed "Preliminaries/ General Conditions"
CONDITIONS (continued)
Clause 5Statutory obligations
AmendmentClause 5.2. DELETE wording entirely and SUBSTITUTE:
The sum or sums due to the Contractor under Article 2 of the Short Form of Agreement shall be exclusive of any value added tax and the Employer shall pay to the Contractor any value added tax properly chargeable by the Commissioners of Customs and Excise on the supply to the Employer of any goods and services by the Contractor under this Contract in the manner set out in B of the Supplemental Conditions to the Agreement for Minor Building Works. Clause B1.1 of the Supplemental Conditions, B applies/does not apply *
Clause 5.3. See Appendix
AmendmentsClause 5.5. DELETE from and including the word "an" on line 10 to and including the word “thereof” on line 12 and SUBSTITUTE "a criminal offence"
Heading to Clause 5.6. DELETE the words “5th recital” and SUBSTITUTE “fifth paragraph of the Short Form of Agreement”
DELETE Clause 5.6, 5.7, 5.8 and 5.9 and INSERT new Clauses
Clause 5.6Each Party acknowledges that he is aware of and undertakes to the other that in relation to the Works and site he will duly comply with the CDM Regulations. Without limitation, where the project that comprises or includes the Works is notifiable:
.1the Employer shall ensure both that the CDM Co-ordinator carries out all his duties and, where the Contractor is not the Principal Contractor, that the Principal Contractor carries out all his duties under those regulations;
.2where the Contractor is and while he remains the Principal Contractor, he shall ensure that:
.1the Construction Phase Plan is prepared and received by the Employerbefore work under this Contract is commenced, and that any subsequent amendment to it by the Contractor is notified to the Housing Executive, the CDM Co-ordinator and (where not the CDM Co-ordinator) the Contract Administrator; and
.2welfare facilities complying with Schedule 3 of the CDM Regulations are provided from the commencement of construction work until the end of the construction phase;
.3where the Contractor is not the Principal Contractor, he shall promptly inform the Principal Contractor of the identity of each sub-contractor that he appoints and each sub-contractor appointment notified to him;
CONDITIONS (continued)
.4promptly upon written request of the CDM Co-ordinator, the Contractor shall provide , and ensure that any sub-contractor, through the Contractor, provides, to the CDM Co-ordinator (or, if the Contractor is not the Principal Contractor) such information as the CDM Co-ordinator reasonably requires for the preparation of the health and safety file.
Clause 5.7If the Employer by a further appointment replaces the CDM Co-ordinator or the Principal Contractor, the Employer shall immediately upon the further appointment notify the Contractor in writing of the name and address of the new appointee. If the Employer appoints a successor to the Contractor as the Principal Contractor, the Contractor shall at no cost to the Employer comply with all reasonable requirements of the new Principal Contractor to the extent necessary for compliance with the CDM Regulations; no extension of time shall be given in respect of such compliance.
Clause 6Injury, damage and insurance
AmendmentsClause 6.1 After the word "injury" on line 5 INSERT "or distress or inconvenience caused"
Clause 6.2 DELETE "£______" on last line and INSERT "the amount stated in the Appendix"
AddendumAfter Clause 6.2 INSERT new Clause 6.2A as follows:
Clause 6.2A The liabilities and indemnities imposed by
Clauses 6.1 and 6.2 above shall not be defeated or reduced by reason of any negligence or omission of the Housing Executive or its employees in supervising or controlling the Contractor's performance under this Agreement
AmendmentsClause 6.3A. DELETE entirely
Clause 6.3B. DELETE entirely
CONDITIONS (continued)
Clause 6
AddendaAfter Clause 6.3B INSERT new Clause 6.3 as follows:
Clause 6.3 Notwithstanding the provisions of Clause 6.2 above, any loss or damage to the existing structures (together with the contents owned by him or for which he is responsible) and to the Works and all unfixed materials and goods intended for, delivered to, placed on or adjacent to the Works and intended therefor by fire, lightning, explosion, storm, tempest, flood, bursting or overflowing of water tanks, apparatus or pipes, earthquake, aircraft and other aerial devices or articles dropped therefrom shall be at the sole risk of the Employer
For the avoidance of doubt it is hereby declared that the phrase "(together with the contents owned by him or for which he is responsible)" does not refer to any personal property or effects belonging to:
a)Any tenant or licensee of the Employer;
b)Any member of such a tenant/licensee's household; or
c)Any lawful visitor of any such tenant, licensee or member of a tenant/licensee's household
If any loss or damage as referred to in this clause occurs then the Contract Administrator shall issue instructions for the reinstatement and making good of such loss or damage in accordance with Clause 3.5 hereof and such instructions shall be valued under Clause 3.6 hereof
Clause 6.4. ADD a new paragraph at the end as follows:
"If the Contractor makes default in insuring or continuing to insure as aforesaid the Employer may himself insure against any risk in respect of which the default shall have occurred and a sum equivalent to the amount paid by him in respect of premiums may be deducted by him from any monies due to the Contractor under this Contract or such amount may be recoverable by the Employer from the Contractor as a debt".
CONDITIONS (continued)
Clause 7Determination
AmendmentsClauses 7.2.2. and 7.3.2. DELETE the words “Companies Act 1985” where occurring and SUBSTITUTE “Companies (NI) Order 1986”. DELETE the words "Insolvency Act 1986" where occurring and SUBSTITUTE "Insolvency (NI) Order 1989"
Clause 8Settlement of disputes
AmendmentClause 8.3. Legal proceedings DELETE entirely.
AddendumAfter Clause 8.3 INSERT new Clause 8.4 as follows:
Clause 8.4 In the event of the Arbitrator determining to award to a successful party a sum less than one half of the amount claimed by that party at any stage in the proceedings, the Arbitrator shall reduce the award by such a sum as the Arbitrator considers appropriate to reflect the additional costs and expenditure incurred by the unsuccessful party in meeting a claim larger than the circumstances of the case warranted
After Clause 8.4 INSERT new Clause 8.5 as follows:
Clause 8.5 The Employer shall have the right to have any such arbitration or adjudication held in Northern Ireland.
SUPPLEMENTAL CONDITIONS
AContribution, levy and tax changes Clause 4.6.
AmendmentsClause A1. After the words "article 2" on line 1 INSERT "of the Short Form of Agreement"
Clause A1.1. DELETE the words "this Agreement” on lines 5 and 6 and SUBSTITUTE "the Tender"
Clause A1.2. DELETE the words "Industrial Training Act 1964” on line 2 and SUBSTITUTE " Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (as amended by the Employment Relations (Northern Ireland) Order 1999) and the Industrial Training (Northern Ireland) Order 1984".
Clause A1.4. DELETE from and including the word "National" on line 9 to and including the word "body" on line 11 and SUBSTITUTE "Joint Council for the Construction Employers Federation (Northern Ireland)".
Clause A1.8. DELETE from and including the word "Social" on line 4 to and including the numbers "1975" on line 5 and SUBSTITUTE "Social Security (Northern Ireland) Acts 1975 - 1990".
Clause A2.1. DELETE the word "fuels" on line 10.
Clause A2.2. DELETE the words "or fuels" on line 2 and the word “fuels” on line 18.
Addenda After Clause A2.2. INSERT new Clauses A2.3., A2.4. and A2.5.
Clause A2.3. All claims for increases in cost incurred and
reductions obtainable under Clauses A2.1. and A2.2. shall be submitted monthly. Supporting time sheets and vouchers in respect of materials, goods and electricity, duly signed by the Contract Administrator or his representative, shall be submitted with the claim.
Clause A2.4. The Contractor shall keep proper wages books
and time sheets showing the wages paid to and the time worked by the work people in his employ in and about the carrying out of this Contract, and such wages books and time sheets shall be produced whenever required for the inspection of any officer authorised by the Employer
Clause A2.5. All claims for increases in costs incurred and reductions obtainable specifically under Clause A2.2. Landfill Tax shall be submitted monthly. Supporting invoices from the Landfill Site, classification of waste, weight of waste disposed off, date of disposal, the amount charged for the Landfill Tax and the Contractor’s name. Each invoice shall relate the waste disposed to the works site location as stated in A12-110. Confirmation shall be given that the Landfill Site is licensed by a Local Authority stating the Authority’s name.
SUPPLEMENTAL CONDITIONS (continued)
AmendmentsClause A3.1. After the letters "A1" on line 4 INSERT "A2.3, A2.4," and A2.5.