CWMNI’R FRAN WEN

NEW OFFICES AND REHEARSAL STUDIO – FEASIBILITY STUDY

CONTRACT DATA

CWMNI’R FRAN WEN

NEW OFFICES AND REHEARSAL FACILITIES

FEASIBILITY STUDY

Document 2
Contract Data
Documents requiring signature
TENDER ISSUE

Cwmni’r Fran Wen,

Old Primary School,

Menai Bridge.

LL59 5HS

Date:1st of September 2016

Document Control

File Name / Instructions for Tendering
Original Author(s) / Richard A Pritchard
Current Revision Author(s)
Version / Date / Author(s) / Approved / Notes on Revisions
DRAFT 01 / Richard A Pritchard / X4 deleted
DRAFT 02 / 2nd November 2015 / Richard A Pritchard / Minor amendments following review.
TENDER DOCUMENT / 6th June 2016 / Richard A Pritchard / Revised dates, buildability and incorporation of Fron Site

CONTRACT DATA

Contract Data Part One – Data provided by the Employer

1 General /
  • The Contractor shall provide the Services in accordance with and as specified in the Contract to the satisfaction of the Employer whose decision shall be final and conclusive. The Employer shall have the power to inspect and examine the performance of the Services at the Employer’s Premises at any reasonable time or, provided that the Employer gives reasonable notice to the Contractor, at any other premises where any part of the Services is being performed
  • The Employer is:-
Cwmni’r Fran Wenwhose address is:-Old Primary School, Menai Bridge, Anglesey LL59 5HS
  • The services are for the provision of a Business Plan and Outline Funding Strategy for the proposed new Offices and Rehearsal Studios.
  • The Scope is in Document 3 Scope of Service.
  • The language of this contract is English
  • The law of the contract is the law of Wales and England
  • The period for reply is two weeks
  • The period for retention is six years following Completion or earlier termination
  • The following matters will be included in the Risk Register
those referred to in core clause 15 of the Contract
2 The Parties’ main responsibilities /
  • The employerprovides access to the following persons, places and things
access toaccess date
...... …………………………………...……..
...... …………………………………...……..
...... …………………………………...……..
3 Time /
  • The starting date is 30th of September 2016.
  • The Consultant submits revised programmes at intervals no longer than fourweeks

4 Quality /
  • The quality policy statement and quality plan(if required) are to be provided within two weeks of the Contract Date.
  • The defects date is 52 weeks after Completion of the whole of the services.

5 Payment /
  • The assessment interval is one calendar month.
  • The currency of this contract is Pounds Sterling (£)
  • The interest rate is 2 % per annum (not less than 2) above the base lending rate of the HSBC bank.

8 Indemnity, insurance
and liability /
  • The amounts of insurance and the periods for which the Consultant maintains insurance are

Event / Cover / Period following Completion of the whole of the services or earlier termination
failure of the Consultant to use the skill and care normally used by professionals providing services similar to the services / One million pounds
in respect of each claim, without limit to the number of claims / Twelve years
death of or bodily injury to a person (not an employee of the Consultant) or loss of or damage to property resulting from an action or failure to take action by the Consultant / One million pounds
in respect of each claim, without limit to the number of claims / One year
death of or bodily injury to employees of the Consultant arising out of and in the course of their employment in connection with this contract / One million pounds
in respect of each claim, without limit to the number of claims / One year
  • The Employer provides the following insurances
None
  • The Consultant's total liability to the Employer for all matters arising under or in connection with this contract, other than the excluded matters, is limited to
the amount of the Consultant’s insurance cover.
Optional statements / If the Employer has decided the completion date for the whole of the services
  • The completion date for the whole of the servicesis10th of December 2016.
  • If no programme is identified in part two of the Contract Data
  • The Consultant is to submit a first programme for acceptance within twoweeks of the Contract Date.
Contract Performance and Obligations
  • The Contractor shall adhere to all obligations as referred to in Schedule 1.
  • If the Employer informs the Contractor that the Employer considers any part of the Services to be inadequate or in any way differing from the Contract, and this is other than as a result of default or negligence on the part of the Employer, the Contractor shall at his own expense re-schedule and perform the work correctly within such reasonable time as may be specified by the Employer.
  • The Employer may at any time demand that the Contractor suspend the provision of the Services. If the Employer exercises such right to suspend the provision of the Services or any part of them, or if the Contractor is delayed in proceeding with the provision of the Services by the Employer (otherwise than as a consequence of a breach of the Contract, or a breach of duty or fault or negligence on the part of the Contractor), the Employer shall be responsible for loss incurred by the Contractor as a result of such suspension or delay. Subject to the Contractor taking reasonable steps to mitigate its loss, the Contractor will be able to recover from the Employer under this Condition only for those losses which:
  • (a) were reasonably foreseeable by the Employer as arising as a direct result of the suspension or delay; and
  • (b) relate to the cost of any commitments entered into by the Contractor which cannot be met as a result of the suspension or delay and in respect of which the Contractor cannot obtain a refund (where the Contractor has already paid in relation to the commitment) or is obliged to pay (where the Contractor has not already paid in relation to the commitment).
  • The provisions of this Condition shall not apply where the reason for the suspension of the Services arises from circumstances beyond the control of the Employer.
  • If the performance of the Contract by the Contractor is delayed by reason of any act on the part of the Employer or by industrial dispute (other than by an industrial dispute occurring within the Contractor’s or its sub-contractor’s organisation) or any other cause which the Contractor could not have prevented then the Contractor shall be allowed a reasonable extension of time for completion. For the purposes of this Condition, the Contractor shall be deemed to have been able to prevent causes of delay that are within the reasonable control of the Contractor’s staff, agents and sub-contractors.
  • Timely provision of the Services shall be of the essence of the Contract, including in relation to commencing the provision of the Services within the time agreed or on a specified date.
  • The Contractor warrants that it shall provide the Services with all due skill, care and diligence, and in accordance with good industry practice and legal requirements.

AUDIT AND OMBUDSMAN INVESTIGATIONS
If either the Employer’s internal or external auditors or if the Commissioner for Local Administration (the Ombudsman) should wish to investigate the Contract, then the Consultant shall provide such information, access and co-operation as those persons may reasonably require.
PREVENTION OF CORRUPTION
The Employer may terminate the Contract and recover all its loss if the Consultant, their employees or anyone acting on the Consultant’s behalf do any of the following things:
  1. offer, give or agree to give to anyone any inducement or reward in respect of this or any other contract (even if the Consultant does not know what has been done); or
  2. commit an offence under the Prevention of Corruption Act 1889 to 1916 or under Section 117(2) of the Local Government Act 1972; or
  3. commit any fraud in connection with this or any other contract whether alone or in conjunction with Council members or employees.
COPYRIGHT
The Copyright in all documentation, data and information in whatever format produced by the Consultant as a consequence of this commission shall be vested in the Employer on receipt of all payments due under this contract.
CONFIDENTIALITY AND THE FREEDOM OF INFORMATION ACT
Tenderers must comply with the Data Protection Act and the requirements set out in the Terms and Conditions.

CWMNI’R FRAN WEN

NEW OFFICES AND REHEARSAL STUDIO – FEASIBILITY STUDY

CONTRACT DATA

Contract Data Part Two – Data provided by the Consultant

Completion of the data in full, according to the Options chosen, is essential to create a complete contract.
Statements given in all contracts /
  • The Consultantis
Name:
Address:
  • The key persons are those whose names and positions are entered in Schedule of Fees Table 1 and whose CV’s are provided.
  • The staff rates arethose entered in Tables 1 and 2.
  • The following matters will be included in the Risk Register......

Optional statements / If a programme is to be identified in the Contract Data
  • The programme identified in the Contract Datais– not provided
If the Consultant states any expenses
  • The expenses stated by the Consultant are in Table 4.

If the Consultant requires additional access
  • The Employer provides access to the following persons, places and things
access toaccess date
...... …………………………………...……..
...... …………………………………...……..
...... …………………………………...……..
...... …………………………………...……..
  • The activity schedule isattached as Annexe A

SCHEDULE OF FEES

Table 1 – Hourly rates

Job title / Consultant’s minimum standards of qualifications and experience for this post / Staff Name / Hourly rate (£)
All inclusive
Lead Consultant
Senior Consultant
Senior Consultant
Consultant
Technician

Table 2 – Rates for specialist work

Type of work / Staff Name / Qualifications / Hourly rate

Table 3 – Disbursements

Disbursements / Unit Rate, fixed fee or %age plusage (please state)

CWMNI’R FRAN WEN

NEW OFFICES AND REHEARSAL STUDIO – FEASIBILITY STUDY

DOCUMENTS REQUIRING SIGNATURE

DOCUMENTS REQUIRING SIGNATURES

1.0STATEMENT RELATING TO GOOD STANDING

GROUNDS FOR OBLIGATORY EXCLUSION (IN ELIGIBILITY) AND CRITERIA FOR REJECTION OF CANDIDATES in accordance with Regulation 23 of the Public Contracts Regulations 2006 (as amended)

PROJECT TITLE: CWMNI’R FRAN WEN, NEW OFFICES AND REHEARSAL FACILITIES, BUSINESS PLAN AND OUTLINE FUNDING STRATEGY

We confirm that, to the best of our knowledge, the Tenderer is not in breach of the provisions of Regulation 23 of the Public Contracts Regulations 2006 (as amended) and in particular that:

Grounds for mandatory rejection (ineligibility)

The Tenderer (or its directors or any other person who has powers of representation, decision or control of the named organisation) has not been convicted of any of the following offences:

a)conspiracy within the meaning of section 1 of the Criminal Law Act 1977 where that conspiracy relates to participation in a criminal organisation as defined in Article 2(1) of Council Joint Action 98/733/JHA (as amended);

b)corruption within the meaning of section 1 of the Public Bodies Corrupt Practices Act 1889 or section 1 of the Prevention of Corruption Act 1906 (as amended);

c)the offence of bribery;

d)fraud, where the offence relates to fraud affecting the financial interests of the European Communities as defined by Article 1 of the Convention relating to the protection of the financial interests of the European Union, within the meaning of:

  1. the offence of cheating the Revenue;
  2. the offence of conspiracy to defraud;
  3. fraud or theft within the meaning of the Theft Act 1968 and the Theft Act 1978;
  4. fraudulent trading within the meaning of section 458 of the Companies Act 1985;
  5. defrauding the Customs within the meaning of the Customs and Excise Management Act 1979 and the Value Added Tax Act 1994;
  6. an offence in connection with taxation in the European Community within the meaning of section 71 of the Criminal Justice Act 1993; or
  7. destroying, defacing or concealing of documents or procuring the extension of a valuable security within the meaning of section 20 of the Theft Act 1968;

e)money laundering within the meaning of the Money Laundering Regulations 2003; or

f)any other offence within the meaning of Article 45(1) of the Public Sector Directive.

Signed
Name
Position
Date
For and on behalf of

Discretionary grounds for rejection

The Tenderer (or its directors or any other person who has powers of representation, decision or control of the named organisation) confirms that it:

a)being an individual is not bankrupt or has not had a receiving order or administration order or bankruptcy restrictions order made against him or has not made any composition or arrangement with or for the benefit of his creditors or has not made any conveyance or assignment for the benefit of his creditors or does not appear unable to pay or to have no reasonable prospect of being able to pay, a debt within the meaning of section 268 of the Insolvency Act 1986, or article 242 of the Insolvency (Northern Ireland) Order 1989, or in Scotland has not granted a trust deed for creditors or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of his estate, or is not the subject of any similar procedure under the law of any other state.

b)being a partnership constituted under Scots law has not granted a trust deed or become otherwise apparently insolvent, or is not the subject of a petition presented for sequestration of its estate;

c)being a company or any other entity within the meaning of section 255 of the Enterprise Act 2002 has not passed a resolution or is not the subject of an order by the court for the company’s winding up otherwise than for the purpose of bona fide reconstruction or amalgamation, nor had a receiver, manager or administrator on behalf of a creditor appointed in respect of the company’s business or any part thereof or is not the subject of similar procedures under the law of any other state;

d)has not been convicted of a criminal offence relating to the conduct of his business or profession;

e)has not committed an act of grave misconduct in the course of his business or profession;

f)has fulfilled obligations relating to the payment of social security contributions under the law of any part of the United Kingdom or of the relevant State in which the organisation is established;

g)has fulfilled obligations relating to the payment of taxes under the law of any part of the United Kingdom or of the relevant State in which the economic operator is established;

h)is not guilty of serious misrepresentation in providing any information required of him under this regulation;

i)in relation to procedures for the award of a public services contract, is licensed in the relevant State in which he is established or is a member of an organisation in that relevant State when the law of that relevant State prohibits the provision of the services to be provided under the contract by a person who is not so licensed or who is not such a member.

Signed
Name
Position
Date
For and on behalf of

2ANTI-COLLUSION CERTIFICATE

1.We certify that this tender is made in good faith, and that we have not fixed or adjusted the amount of the tender by or under or in accordance with any agreement or arrangement with any other person. We also certify that we have not and we undertake that we will not before the award of any contract for the work:

(i)(a)communicate to any person other than Caernarfon Harbour Trust or a person duly authorised by it in that behalf the amount or approximate amount of the tender or proposed tender, except where the disclosure, in confidence, of the approximate amount of the tender was necessary to obtain insurance premium quotations required for the preparation of the tender;

(b) enter into any agreement or arrangement with any person that they shall refrain from tendering, that they shall withdraw any tender once offered or vary the amount of any tender to be submitted;

(ii)pay, give or offer to pay or give any sum of money or other valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender or proposed tender for the work, any act or thing of the sort described at (i)(a) or (b) above.

2.We further certify that the principles described in paragraphs l(i) and (ii) above have been, or will be, brought to the attention of all sub-consultants, suppliers and associated companies providing services or materials connected with the tender and any contract entered into with such sub-consultants, suppliers or associated companies will be made on the basis of compliance with the above principles by all parties.

3.In this certificate, the word 'person' includes any persons and any body or association, corporate or unincorporated; 'any agreement or arrangement' includes any transaction, formal or informal and whether legally binding or not; and 'the work' means the work in relation to which this tender is made.

Signed
Name
Position
Date
For and on behalf of

CWMNI’R FRAN WEN

NEW OFFICES AND REHEARSAL STUDIO – FEASIBILITY STUDY

DOCUMENTS REQUIRING SIGNATURE

3SIGNED DECLARATION

I/We certify that the information supplied is accurate to the best of my/our knowledge. I/We understand that false information could result in my/our exclusion from the tender list for Cwmni’r Fran Wen

New Offices And Rehearsal Facilities Business Plan And Outline Funding Strategy.

Please note that answers given in this tender will form part of any Contract subsequently entered into.

I/We also understand that it is a criminal offence punishable by imprisonment to give or offer any gift or consideration whatsoever as an inducement or reward to any servant of a public body, and that any such action will empower the Trust to cancel any contract currently in force and will result in my/our exclusion from taking any further part in this process.

I/We also understand that direct or indirect canvassing of any Employee of the Trust concerning the award of the Contract for the provision of the Goods or Services or direct or indirect attempts to obtain information from any such Employee concerning any other proposed tender for the Goods or Services will result in my/our exclusion from this or future tenders.