W.S.C.C.

BUILDING CONTRACT DIRECTIVE

BCD.4

CAPITAL & ASSET MANAGEMENT DATE: January 2010 Copyright Reserved

REFERENCE

COMPLETION OF CONTRACT DOCUMENTS AND APPENDICES

GENERALLY: The forms of contract to be used on the Councils schemes will be those issued by the Joint Contracts Tribunal Limited 2005 and will normally incorporate the latest published amendments current at the date the tender documents are issued. Within every contract the following clauses must be inserted within the preambles or preliminaries section. i) Before commencing any works on site the contractor must familiarise themselves with any guidance documents, files or procedures relating to health and safety which have issued by, and, or apply specifically to the particular Council Service or premises where the works are to carried out. The employer, West Sussex County Council, reserves the right under any contract for its qualified Health and Safety staff, to access the site for the purposes of monitoring and recording the contractors health and safety provisions, and the interaction with existing WSCC occupants of adjacent premises.

ii)

COMPLETION OF DOCUMENTS: By way of example, set out below are typical examples of forms of contract. However, other forms of contract may be introduced as appropriate and guidance should be sought from the County Council. J.C.T. STANDARD BUILDING CONTRACT WITH QUANTITIES 2005 1. Recitals 1-10 A Activity Schedule: delete where does not form part of the contract documentation Second Recital

B Information Release Schedule : Delete where an information release schedule does not form part of the contract documentation. C The division of the Works into Sections: Delete Sixth Recital if the Works are not divided into Sections. The Seventh to Tenth Recitals apply only where there is a Contractors Designed Portion. Delete Recitals 7 to 10 if there is no Contractors Design Portion.

Fifth Recital Sixth Recital

Seventh to Tenth Recitals

2.

Articles 1-9 If only Regulations 7 and 13 of the CDM Regulations apply, delete articles 5&6. Article 8 to apply see Contract Particulars
Articles 5&6 Articles 8&9 CL 9.3 - 9.8

-1NOTE: THIS DIRECTIVE IS APPLICABLE TO THE MAJORITY OF SCHEMES BUT IT WILL NOT NECESSARILY BE APPROPRIATE TO ALL WORKS AND THEREFORE ON EACH SCHEME IT WILL BE NECESSARY TO CHECK THE SPECIFIC REQUIREMENTS.

BCD.4
REFERENCE 3. Contract Particulars A. Construction Industry Scheme (CIS): The Employer at Base Date is a contractor. The words is not a contractor will be deleted. Arbitration: Article 8 and clauses 9.3 to 9.8 (arbitration) apply delete the words do not apply. Base date: Insert a finite date. Normally ten days prior to that which the tenders are due to be returned. DO NOT insert a statement that the base date is to be fixed a number of days prior to the date set for the return of tenders. Date for Completion of the Works/Sections: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Electronic communications: All communications are to be in writing, unless subsequently agreed otherwise. Date of Possession of the Site/Sections: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Deferment of the date of possession applies: Delete does not apply. Insert six weeks. Contractors Designed Portion: limit of Contractors liability for loss of use etc. Insert unlimited Liquidated Damages: Insert a rate per week calculated in accordance with the rules set out in Directive BCD.2. Rectification Period(s): Normally Twelve months, but Six months may be appropriate for some schemes. Advance Payment: Not applicable where the Employer is a Local Authority. Delete clause 4.8 Dates of Issue of Interim Certificates: Interim Certificates are to be issued at intervals not exceeding one month up to the date of Practical Completion of the Works, or the date within one month thereafter: the first Interim Certificate is to be issued within one month of the Date of Possession. Listed items: Clauses 4.17.4 and 4.17.5. to be deleted. Contractors Retention Bond: Not applicable where the Employer is a Local Authority: Delete clause 4.19 Retention Percentage: For schemes with an estimated contract sum of 500,000 or more insert three per cent. For schemes with an estimated contract sum below 500,000 insert five per cent. Fluctuations Options: Generally Option A applies. Delete Options B and C Percentage Addition: Insert zero per cent.
Fourth Recital & CL 4.7 Article 8 & CL 9.3 to 9.8

B.

C.

CL 1.1

D.

CL 1.1

CL 1.8

CL 2.4

CL 2.5 and 2.29.3 CL 2.19.3

I.

CL 2.32.2

CL 2.38

CL 4.8

CL 4.9.2

M N

CL 4.17.4 & 4.17.5 CL 4.19

CL 4.20.1

P Q

CL 4.21 and Schedule 7

Formula Rules (only applicable where Option C adopted): Generally: Not applicable. Non-Adjustable Element: insert 10% if adopted CL 6.4.1.2

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BCD.4
REFERENCE BCD 1 CL 6.5.1 BCD 1

Contractors Insurance injury to persons or property (See Directive BCD.1.) Insurance Liability of Employer: Insurance may be required, delete the words is not required. Minimum amount of indemnity for any one occurrence or series of occurrences arising out of one event. (See Directive BCD.1.) A provisional sum in respect of matters referred to in clause 6.5.1 is to be inserted in the Bills of Quantities to cover the premium.(see Directive BCD1) The sum to be omitted in the adjustment of the final account if not expended.

Insurance of the Works: Delete references to Options B and C for new buildings or delete references to Options A, B and C for alterations or extensions to existing building and insert new clause. (See Directive BCD.1.) Percentage to cover professional fees: Insert 16% where clause Option A applies. Annual Renewal date of insurance as supplied by the Contractor: Insert to be supplied by the Contractor prior to the execution of the contract. Contractors Designed Portion (CDP) Professional Indemnity Insurance Level of Cover (insert minimum level of cover as defined in BCD 1) Joint Fire Code: All contracts with a value in excess of 5m the Joint Fire Code is to apply, with the additional requirement set out in the Code for a large project being applicable at the value threshold level of 20m and over.
Contracts above the 5m value require notification to the insurers; in order that a programme of surveys can be arranged by them during the period of the contract to assess the level of compliance

CL 6.7 and Schedule 3 BCD 1

V.

CL 6.7 and Schedule 3

W.

CL 6.11 BCD 1 CL 6.13

For contracts below the 5m value level it is not a requirement that the Code is to apply in its entirety. Nevertheless the Consultant is to be aware of the good practice set out in the Code and include those parts of the Code that may have particular relevance to the works as a specified requirement within the contract documents. Z Joint Fire Code: The cost of compliance with amendments/ revisions shall be borne by the Employer. Delete the Contractor CL 6.16

CL 7.2 AA Assignment by Employer of rights under Clause 7.2 does not apply. Delete the word applies. CL 8.9.2 BB CC Period of Suspension: Insert 2 months.
.

Period of Suspension: Insert 2 months

CL 8.11.1.1 to 8.11.1.5 CL 9.2.1 CL 9.4.1

DD.

Adjudication Nominator of Adjudicator President or Vice President : Royal Institute of British Architects. Delete: Others as listed.

EE. Arbitration Appointer of Arbitrator - President or Vice President: Chartered Institute of Arbitrators. Delete: Others as listed.

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BCD.4
REFERENCE 4 Execution of Contracts:
Attestation

Contracts will be executed as a Deed.

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BCD.4
REFERENCE J.C.T. STANDARD BUILDING CONTRACT WITHOUT QUANTITIES 2005 1. Recitals 1-10 A B Pricing Option A will apply Option B will be deleted Activity Schedule: delete where does not form part of the contract documentation Third Recital Third Recital

C Information Release Schedule : Delete where an information release schedule does not form part of the contract documentation. D The division of the Works into Sections: Delete Sixth Recital if the Works are not divided into Sections. The Seventh to Tenth Recitals apply only where there is a Contractors Designed Portion. Delete Recitals 7 to 10 if there is no Contractors Design Portion.

Fifth Recital

Sixth Recital

Seventh to Tenth Recitals

2.

Articles 1-9 If only Regulations 7 and 13 of the CDM Regulations apply, delete articles 5&6. Article 8 to apply see Contract Particulars
Articles 5&6 Articles 8&9 CL 9.3 - 9.8

3.

Contract Particulars A B. Pricing Options: Delete Option B Construction Industry Scheme (CIS): The Employer at Base Date is a contractor. The words is not a contractor will be deleted. Arbitration: Article 8 and clauses 9.3 to 9.8 (arbitration) apply delete the words do not apply. Base date: Insert a finite date. Normally ten days prior to that which the tenders are due to be returned. DO NOT insert a statement that the base date is to be fixed a number of days prior to the date set for the return of tenders. Date for Completion of the Works/Sections: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Electronic communications: All communications are to be in writing, unless subsequently agreed otherwise. Date of Possession of the Site/Sections: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Deferment of the date of possession applies: Delete does not apply. Insert six weeks. Contractors Designed Portion: limit of Contractors liability for loss of use etc. Insert unlimited Liquidated Damages: Insert a rate per week calculated in accordance with the rules set out in Directive BCD.2. Rectification Period(s): Normally Six months, but Twelve months may
Third Recital Fourth Recital & CL 4.7

C.

Article 8 & CL 9.3 to 9.8 CL 1.1

D.

E.

CL 1.1

CL 1.8

CL 2.4

CL 2.5 and 2.29.3 CL 2.19.3

J.

CL 2.32.2

CL 2.38

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BCD.4
REFERENCE be appropriate for some schemes. L Advance Payment: Not applicable where the Employer is a Local Authority. Delete clause 4.8 Dates of Issue of Interim Certificates: Interim Certificates are to be issued at intervals not exceeding one month up to the date of Practical Completion of the Works, or the date within one month thereafter: the first Interim Certificate is to be issued within one month of the Date of Possession. Listed items: Clauses 4.17.4 and 4.17.5. to be deleted. Contractors Retention Bond: Not applicable where the Employer is a Local Authority: Delete clause 4.19 Retention Percentage: For schemes with an estimated contract sum of 500,000 or more insert three per cent. For schemes with an estimated contract sum below 500,000 insert five per cent. Fluctuations Options: Generally Option A applies. Delete Options B and C Percentage Addition: Insert zero per cent. CL 4.8

CL 4.9.2

N O

CL 4.17.4 & 4.17.5 CL 4.19

CL 4.20.1

Q R

CL 4.21 and Schedule 7

Formula Rules (only applicable where Option C adopted): Generally: Not applicable. Non-Adjustable Element: insert 10% if adopted Contractors Insurance injury to persons or property (See Directive BCD.1.) Insurance Liability of Employer: Insurance may be required, delete the words is not required. Minimum amount of indemnity for any one occurrence or series of occurrences arising out of one event. (See Directive BCD.1.) A provisional sum in respect of matters referred to in clause 6.5.1 is to be inserted in the Bills of Quantities to cover the premium.(see Directive BCD1) The sum to be omitted in the adjustment of the final account if not expended. CL 6.4.1.2 BCD 1 CL 6.5.1 BCD 1

Insurance of the Works: Delete references to Options B and C for new buildings or delete references to Options A, B and C for alterations or extensions to existing building and insert new clause. (See Directive BCD.1.) Percentage to cover professional fees: Insert 16% where clause Option A applies. Annual Renewal date of insurance as supplied by the Contractor: Insert to be supplied by the Contractor prior to the execution of the contract. Contractors Designed Portion (CDP) Professional Indemnity Insurance Level of Cover (insert minimum level of cover as defined in BCD 1) Joint Fire Code: All contracts with a value in excess of 5m the Joint Fire Code is to apply, with the additional requirement set out in the Code for a large project being applicable at the value threshold level of 20m and over.
Contracts above the 5m value require notification to the insurers; in order that a programme of surveys can be arranged by them during the period of the contract to assess the level of compliance

CL 6.7 and Schedule 3 BCD 1

W.

X.

CL 6.7 and Schedule 3

CL 6.11 BCD 1 CL 6.13

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BCD.4
REFERENCE For contracts below the 5m value level it is not a requirement that the Code is to apply in its entirety. Nevertheless the Consultant is to be aware of the good practice set out in the Code and include those parts of the Code that may have particular relevance to the works as a specified requirement within the contract documents. AA Joint Fire Code: The cost of compliance with amendments/ revisions shall be borne by the Employer. Delete the Contractor CL 6.16

BB

Assignment by Employer of rights under Clause 7.2 does not apply. Delete the word applies. Period of Suspension: Insert 2 months.
.

CL 7.2

CC DD

CL 8.9.2 CL 8.11.1.1 to 8.11.1.5 CL 9.2.1

Period of Suspension: Insert 2 months

EE.

Adjudication Nominator of Adjudicator President or Vice President : Royal Institute of British Architects. Delete: Others as listed.

FF. Arbitration Appointer of Arbitrator - President or Vice President: Chartered Institute of Arbitrators. Delete: Others as listed.

CL 9.4.1

Execution of Contracts:

Contracts will be executed as a Deed.

Attestation

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BCD.4
REFERENCE J.C.T. INTERMEDIATE BUILDING CONTRACT WITH CONTRACTORS DESIGN 2005 1. Recitals 1-11 A B Pricing Option A will apply Option B will be deleted Activity Schedule: delete where does not form part of the contract documentation Fifth Recital Fifth Recital

C Information Release Schedule : Delete where an information release schedule does not form part of the contract documentation. D The division of the Works into Sections: Delete Eleventh Recital if the Works are not divided into Sections.

Ninth Recital

Eleventh Recital

2.

Articles 1-9 If only Regulations 7 and 13 of the CDM Regulations apply, delete articles 5&6. Article 8 to apply see Contract Particulars
Articles 5&6 Articles 8&9 CL 9.3 - 9.8

3.

Contract Particulars A. Construction Industry Scheme (CIS): The Employer at Base Date is a contractor. The words is not a contractor will be deleted. Arbitration: Article 8 and clauses 9.3 to 9.8 (arbitration) apply delete the words do not apply. Base date: Insert a finite date. Normally ten days prior to that which the tenders are due to be returned. DO NOT insert a statement that the base date is to be fixed a number of days prior to the date set for the return of tenders. Date for Completion of the Works/Sections: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Electronic communications: All communications are to be in writing, unless subsequently agreed otherwise. Date of Possession of the Site/Sections: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Deferment of the date of possession applies: Delete does not apply. Insert six weeks.
Eight Recital & CL 4.4

B.

Article 8 & CL 9.3 to 9.8 CL 1.1

C.

D.

CL 1.1

CL 1.8

CL 2.4

CL 2.5 and 2.20.3

Liquidated Damages: Insert a rate per week calculated in accordance with the rules set out in Directive BCD.2. Rectification Period(s): Normally Six months, but Twelve months may be appropriate for some schemes. Contractors Designed Portion: limit of Contractors liability for loss of use etc. Insert unlimited

CL 2.23.2

CL 2.30

CL 2.34.3 and BCD 1

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BCD.4
REFERENCE CL 4.5

Advance Payment: Not applicable where the Employer is a Local Authority. Delete clause 4.5 Dates of Issue of Interim Certificates: Interim Certificates are to be issued at intervals not exceeding one month up to the date of Practical Completion of the Works, or the date within one month thereafter: the first Interim Certificate is to be issued within one month of the Date of Possession. Percentage of the total value of work etc. insert 95 per cent Percentage of the total value of the Works or Section insert 971/2 per cent.

CL 4.6.1

M N

CL 4.7.1 CL 4.9

Listed items: Clauses 4.12.4 and 4.12.5. to be deleted.

CL 4.12.4 & 4.12.5 CL 4.15 and Schedule 4

P Q

Fluctuations Options: Generally does not apply Percentage addition for fluctuations option when used: Insert zero per cent. Contractors Insurance injury to persons or property (See Directive BCD.1.) Insurance Liability of Employer: Insurance may be required, delete the words is not required. Minimum amount of indemnity for any one occurrence or series of occurrences arising out of one event. (See Directive BCD.1.) A provisional sum in respect of matters referred to in clause 6.5.1 is to be inserted in the Bills of Quantities to cover the premium.(see Directive BCD1) The sum to be omitted in the adjustment of the final account if not expended.

CL 6.4.1.2 BCD 1 CL 6.5.1 BCD 1

Insurance of the Works: Delete references to Options B and C for new buildings or delete references to Options A, B and C for alterations or extensions to existing building and insert new clause. (See Directive BCD.1.) Percentage to cover professional fees: Insert 16% where clause Option A applies. Annual Renewal date of insurance as supplied by the Contractor: Insert to be supplied by the Contractor prior to the execution of the contract. Joint Fire Code: All contracts with a value in excess of 5m the Joint Fire Code is to apply, with the additional requirement set out in the Code for a large project being applicable at the value threshold level of 20m and over.
Contracts above the 5m value require notification to the insurers; in order that a programme of surveys can be arranged by them during the period of the contract to assess the level of compliance

CL 6.7 and Schedule 1 BCD 1

CL 6.7 and Schedule 1

CL 6.11

For contracts below the 5m value level it is not a requirement that the Code is to apply in its entirety. Nevertheless the Consultant is to be aware of the good practice set out in the Code and include those parts of the Code that may have particular relevance to the works as a specified requirement within the contract documents. X Joint Fire Code: The cost of compliance with amendments/ revisions shall be borne by the Employer. Delete the Contractor Period of Suspension: Insert 2 months. CL 6.14

CL 8.9.2

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BCD.4
REFERENCE
.

Z AA

Period of Suspension: Insert 2 months Adjudication Nominator of Adjudicator President or Vice President : Royal Institute of British Architects. Delete: Others as listed.

CL 8.11.1.1 to 8.11.1.5 CL 9.2.1

AB. Arbitration Appointer of Arbitrator - President or Vice President: Chartered Institute of Arbitrators. Delete: Others as listed.

CL 9.4.1

Execution of Contracts:

Contracts will be executed as a Deed.

Attestation

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BCD.4
REFERENCE J.C.T. INTERMEDIATE BUILDING CONTRACT 2005 1. Recitals 1-8 A B Pricing Option A will apply Option B will be deleted Activity Schedule: Delete where does not form part of the contract documentation Fourth Recital Fourth Recital

C Information Release Schedule : Delete where an information release schedule does not form part of the contract documentation. D The division of the Works into Sections: Delete Eighth Recital if the Works are not divided into Sections.

Sixth Recital

Eighth Recital

2.

Articles 1-9 If only Regulations 7 and 13 of the CDM Regulations apply, delete articles 5&6. Article 8 to apply see Contract Particulars
Articles 5&6 Articles 8&9 CL 9.3 - 9.8

3.

Contract Particulars A. Construction Industry Scheme (CIS): The Employer at Base Date is a contractor. The words is not a contractor will be deleted. Arbitration: Article 8 and clauses 9.3 to 9.8 (arbitration) apply delete the words do not apply. Base date: Insert a finite date. Normally ten days prior to that which the tenders are due to be returned. DO NOT insert a statement that the base date is to be fixed a number of days prior to the date set for the return of tenders. Date for Completion of the Works/Sections: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Electronic communications: All communications are to be in writing, unless subsequently agreed otherwise. Date of Possession of the Site/Sections: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Deferment of the date of possession applies: Delete does not apply. Insert six weeks.
Fifth Recital & CL 4.4

B.

Article 8 & CL 9.3 to 9.8 CL 1.1

C.

D.

CL 1.1

CL 1.8

CL 2.4

CL 2.5 and 2.20.3

Liquidated Damages: Insert a rate per week calculated in accordance with the rules set out in Directive BCD.2. Rectification Period(s): Normally Six months, but Twelve months may be appropriate for some schemes. Advance Payment: Not applicable where the Employer is a Local Authority. Delete clause 4.5 Dates of Issue of Interim Certificates: Interim Certificates are to be issued at intervals not exceeding one month up to the date of Practical Completion of the Works, or the date within one month thereafter: the first

CL 2.23.2

CL 2.30

CL 4.5

CL 4.6.1

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BCD.4
REFERENCE Interim Certificate is to be issued within one month of the Date of Possession. L M Percentage of the total value of work etc. insert 95 per cent Percentage of the total value of the Works or Section insert 971/2 per cent. CL 4.7.1 CL 4.9

Listed items: Clauses 4.12.4 and 4.12.5. to be deleted.

CL 4.12.4 & 4.12.5 CL 4.15 and Schedule 4

O P

Fluctuations Options: Generally does not apply Percentage addition for fluctuations option when used: Insert zero per cent. Contractors Insurance injury to persons or property (See Directive BCD.1.) Insurance Liability of Employer: Insurance may be required, delete the words is not required. Minimum amount of indemnity for any one occurrence or series of occurrences arising out of one event. (See Directive BCD.1.) A provisional sum in respect of matters referred to in clause 6.5.1 is to be inserted in the Bills of Quantities to cover the premium.(see Directive BCD1) The sum to be omitted in the adjustment of the final account if not expended.

CL 6.4.1.2 BCD 1 CL 6.5.1 BCD 1

Insurance of the Works: Delete references to Options B and C for new buildings or delete references to Options A, B and C for alterations or extensions to existing building and insert new clause. (See Directive BCD.1.) Percentage to cover professional fees: Insert 16% where clause Option A applies. Annual Renewal date of insurance as supplied by the Contractor: Insert to be supplied by the Contractor prior to the execution of the contract. Joint Fire Code: All contracts with a value in excess of 5m the Joint Fire Code is to apply, with the additional requirement set out in the Code for a large project being applicable at the value threshold level of 20m and over.
Contracts above the 5m value require notification to the insurers; in order that a programme of surveys can be arranged by them during the period of the contract to assess the level of compliance

CL 6.7 and Schedule 1 BCD 1

CL 6.7 and Schedule 1

CL 6.11

For contracts below the 5m value level it is not a requirement that the Code is to apply in its entirety. Nevertheless the Consultant is to be aware of the good practice set out in the Code and include those parts of the Code that may have particular relevance to the works as a specified requirement within the contract documents. W Joint Fire Code: The cost of compliance with amendments/ revisions shall be borne by the Employer. Delete the Contractor Period of Suspension: Insert 2 months.
.

CL 6.14

X Y Z

CL 8.9.2 CL 8.11.1.1 to 8.11.1.5 CL 9.2.1

Period of Suspension: Insert 2 months Adjudication Nominator of Adjudicator President or Vice President : Royal Institute of British Architects. Delete: Others as listed.

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BCD.4
REFERENCE AA. Arbitration Appointer of Arbitrator - President or Vice President: Chartered Institute of Arbitrators. Delete: Others as listed.

CL 9.4.1

Execution of Contracts:

Contracts will be executed as a Deed.

Attestation

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BCD.4
REFERENCE J.C.T. DESIGN AND BUILD CONTRACT 2005 1. Recitals 1-5

A. The division of the Works into Sections: Delete Sixth Recital if the Works are not divided into Sections.

Fifth Recital

2.

Articles 1-9 If only Regulations 7 and 13 of the CDM Regulations apply, delete articles 5&6. Article 8 to apply see Contract Particulars
Articles 5&6 Articles 8&9 CL 9.3 - 9.8

3.

Contract Particulars A. Construction Industry Scheme (CIS): The Employer at Base Date is a contractor. The words is not a contractor will be deleted. Arbitration: Article 8 and clauses 9.3 to 9.8 (arbitration) apply delete the words do not apply. Base date: Insert a finite date. Normally ten days prior to that which the tenders are due to be returned. DO NOT insert a statement that the base date is to be fixed a number of days prior to the date set for the return of tenders. Date for Completion of the Works/Sections: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Electronic communications: All communications are to be in writing, unless subsequently agreed otherwise. Date of Possession of the Site/Sections: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Deferment of the date of possession applies: Delete does not apply. Insert six weeks. Contractors Designed Portion: limit of Contractors liability for loss of use etc. Insert unlimited Liquidated Damages: Insert a rate per week calculated in accordance with the rules set out in Directive BCD.2. Rectification Period(s): Normally Twelve months, but Six months may be appropriate for some schemes. Advance Payment: Not applicable where the Employer is a Local Authority. Delete clause 4.6 Method of Payment: Generally Alternative B applies and Alternative A will be deleted. Applications for Interim Payments are to be made at intervals not exceeding one month up to the date of Practical Completion of the Works, or the date within one month thereafter: the first Interim Certificate is to be issued within one month of the Date of Possession. Listed items: Clauses 4.15.4 and 4.15.5. to be deleted.
Fourth Recital & CL 4.5 Article 8 & CL 9.3 to 9.8 CL 1.1

B.

C.

D.

CL 1.1

CL 1.8

CL 2.3

CL 2.4 and 2.26.3 CL 2.17.3

I.

CL 2.29.2

CL 2.35

CL 4.6

CL 4.7

CL 4.15.4 & 4.15.5

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BCD.4
REFERENCE N Retention Percentage: For schemes with an estimated contract sum of 500,000 or more insert three per cent. For schemes with an estimated contract sum below 500,000 insert five per cent. Fluctuations Options: Generally Option A applies. Delete Options B and C Percentage Addition: Insert zero per cent. Formula Rules (only applicable where Option C adopted): Generally: Not applicable. Non-Adjustable Element: insert 10% if adopted Contractors Insurance injury to persons or property (See Directive BCD.1.) CL 6.4.1.2 BCD 1 CL 4.17.1

O P Q

CL 4.18 and Schedule 7

Insurance Liability of Employer: Insurance may be required, delete the words is not required. Minimum amount of indemnity for any one occurrence or series of occurrences arising out of one event. (See Directive BCD.1.) A provisional sum in respect of matters referred to in clause 6.5.1 is to be inserted in the Bills of Quantities to cover the premium.(see Directive BCD1) The sum to be omitted in the adjustment of the final account if not expended.

CL 6.5.1 BCD 1

Insurance of the Works: Delete references to Options B and C for new buildings or delete references to Options A, B and C for alterations or extensions to existing building and insert new clause. (See Directive BCD.1.) Percentage to cover professional fees: Insert 16% where clause Option A applies. Annual Renewal date of insurance as supplied by the Contractor: Insert to be supplied by the Contractor prior to the execution of the contract. Contractors Designed Portion (CDP) Professional Indemnity Insurance Level of Cover (insert minimum level of cover as defined in BCD 1) Joint Fire Code: All contracts with a value in excess of 5m the Joint Fire Code is to apply, with the additional requirement set out in the Code for a large project being applicable at the value threshold level of 20m and over.
Contracts above the 5m value require notification to the insurers; in order that a programme of surveys can be arranged by them during the period of the contract to assess the level of compliance

CL 6.7 and Schedule 3 BCD 1

U.

V.

CL 6.7 and Schedule 3 CL 6.11 BCD 1 CL 6.13

For contracts below the 5m value level it is not a requirement that the Code is to apply in its entirety. Nevertheless the Consultant is to be aware of the good practice set out in the Code and include those parts of the Code that may have particular relevance to the works as a specified requirement within the contract documents. Y Joint Fire Code: The cost of compliance with amendments/ revisions shall be borne by the Employer. Delete the Contractor Assignment by Employer of rights under Clause 7.2 does not apply. Delete the word applies. Period of Suspension: Insert 2 months.
.

CL 6.16

CL 7.2 CL 8.9.2 CL 8.11.1 to

AA

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BCD.4
REFERENCE 8.11.1.5 CL 9.2.1

BB CC.

Period of Suspension: Insert 2 months Adjudication Nominator of Adjudicator President or Vice President : Royal Institute of British Architects. Delete: Others as listed.

DD. Arbitration Appointer of Arbitrator - President or Vice President: Chartered Institute of Arbitrators. Delete: Others as listed. EE Supplemental Conditions: Applies. Delete do not apply.

CL 9.4.1

Schedule 2 Schedule 2

FF Site Manager: Paragraph 1 generally does not apply. Delete applies

4.

Contract Clauses:
GG The Employer requires that the Contractor complies with the following Publications and West Sussex County Council Building Contract Directives (BCD) (copies of BCDs included at Section XX of these Employers Requirements) a) WSCC Design Guide for Sustainable Buildings. b) WSCC Construction Guides for Building Construction, Mechanica Engineering and Electrical Engineering. c) Zurich Municipal Guide.. d) CCTV Code of Practice (revised Edition 2008) issued by Informa Commissioners Office. e) Wildlife and Countryside Act 1981 (and amendments 1988 & 19 f) Education (School Premises) Regulations 1999 g) WSCC General Policy Brief for Education Buildings h) WSCC construction Guide Article 10 The Contractor will be required to provide a Guarantee from their ultimate Holding Company OR enter into a Performance Bond in the format as included with these contract documents with one Surety being an approved bank, guarantee society or insurance company for an amount equal to 10% of the Contract Sum, for the due and proper performance and observance of the terms and stipulations of the contract. In the event of the Surety approved by the Employer becoming bankrupt or insolvent or compounding with his or their creditors, the Contractor shall forthwith, upon being required by the Employer so to do, obtain fresh Surety in the same sum and enter into a new Bond jointly with such Surety in the same sum and in the same terms as that contained in the original Bond for the due and proper performance and observance of the terms of the Contract. The Bond /Guarantee will not be released shall remain effective until the Certificate of Practical Completion has been issued. The Bond/ Guarantee shall be in the form set out in these Employer's Requirements.

HH

II

2.1 2.1.5

Insert new Clause 2.1.5 as follows: The Contractor shall not transport to, use, generate,

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BCD.4
REFERENCE dispose of or install at the site of the Works any Hazardous Substances except in accordance with Environment Laws applicable at the time of performing the Works. The Contractor shall use the skill and care which may reasonably be expected of a Design and Build Contractor experienced in undertaking Developments of comparable size and character to the Works in accordance with Clause 1.5 not to cause any release of Hazardous Substances into, or contamination of the environment, including soil, the atmosphere, any water course or ground water, except in accordance with Environmental Laws applicable at the time of performing the Works. It is the Contractor's responsibility to comply with this Clause 2.1.5 based on the Environmental Laws in effect at the time its services are rendered.

JJ

Insert new Clause 2.1.6 as follows: 2.1.6 The Contractor shall be deemed to have satisfied itself as to the soil and rock strata comprising the site of the Works and notwithstanding any other provision of this Contract, no matter arising from the state and condition of the soil and rock strata comprising the site Works shall give rise to any adjustment of the Contract Sum, or to any extension of time (whether under Clause 2.25 or otherwise) or to any entitlement on the part of the Contractor to terminate his employment under this Contract.

KK

Insert new Clause 2.1.7 as follows: 2.1.7 The Contractor agrees unconditionally that he accepts full responsibility and liability for any design incorporated in the Works which has already been carried out prior to the execution of this Contract (whether contained in the Employer's Requirements or any other information provided or otherwise howsoever carried out).

LL

Insert new Clause 2.1.8 as follows: 2.1.8 The Contractor shall not .1 do or permit to allow to be done by act or thing or omission in connection with this contract which would either cause or give proper grounds for an action to be brought against the Employer under Section 7 of the Human Rights Act 1998 or any amendment or reenactment of that Act or .2 give grounds for a person to rely upon such act or thing or omission on the part of the Contractor in his defence in any proceedings brought against a third party by the Council.

MM

Insert new Clause 2.2.6 as follows: 2.2.6 Without prejudice to the generality of Clause 2.2 the Contractor further warrants that he has exercised and will continue to exercise all reasonable skill and care to see that, unless authorised by the Employer in writing or,

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BCD.4
REFERENCE when such authorisation is given orally, confirmed by the Contractor to the Employer in writing, none of the following has been or will be specified by the Contractor for use in the construction: i) High alumina cement concrete. ii) Cement containing added calcium chloride as a setting agent. iii) iv) v) vi) vii) viii) Crocidolite. Asbestos products. Woodwool slabs in permanent shuttering form. Polyisocynurate or polyurethane foam. Calcium chloride in blockwork or brickwork. Aggregates which do not comply with BS882 and BS8100 and aggregates susceptible to alkali silica reaction. Cement made with aggregate containing silica Calcium silicate bricks and tiles.

ix) and/or; x)

xi) Lead or any products containing lead for use in drinking water systems. xii) xiii) Urea formaldehyde foam. Materials which are generally composed of mineral fibres either manmade or naturally occurring which have a diameter of 3 microns or less and/or a length of 200 microns or less or which contain any fibres not sealed or otherwise stabilised to ensure that fibre migration is prevented. Any other substances that are generally known by experienced Sub-Consultants or Contractors to be deleterious either to health or safety or the durability of the building in the particular circumstances in which they are used at the time of specification or do not conform with British Standard Specification or Codes of Practice at the time of specification. Any material which is not in accordance with the recommendations within the booklet entitled "Good Practice in the selection of Construction Materials" jointly sponsored by the British Council for Offices and the British Property Federation.

xiv)

xv)

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BCD.4
REFERENCE

MM NN OO PP

2.11 clause deleted. 2.12 clause deleted. Delete as is referred to in Clause 2.12 in Line 1. Delete Clause 2.14.2 and insert new as follows: Where the discrepancy is within the Employer's Requirements (including any change thereto issued under clause 3.9) it shall be the responsibility of the Contractor to propose amendment to the Employers Requirements to remove the discrepancy; and the Employer shall decide between the discrepant items or otherwise may accept the Contractor's proposed amendment and the Contractor shall be obliged to comply with the decision or acceptance by the Employer without cost to the Employer.

QQ

Insert new Clause 2.14.3 as follows:

2.14.3 Where there is a discrepancy between the Employer's Requirements and the Contractor's Proposals, the Employer's Requirements shall prevail and it shall be the responsibility of the Contractor to propose amendment to the Contractor's Proposals to remove the discrepancy; and the Employer shall decide between the discrepant items or otherwise may accept the Contractor's proposed amendment and the Contractor shall be obliged to comply with the decision or acceptance by the Employer without cost to the Employer. RR Insert new clause 2.14.4 as follows:

2.14.4 To the extent that the designs for the Works or any part thereof are not described in full in the Employer's Requirements or the Contractor's Proposals such designs shall be submitted for the Employer's comment before the Contractor commences construction of the relevant part of the Works, provided that no such comment or any other condition attaching to any such comments shall in any way affect the Contractor's liability hereunder.

SS TT

2.26.6 Clause deleted.

2.26.9 Line 1 after or threat of terrorism delete wording and insert: resulting in death or injury to any person employed on the site of the Works or the reasonable apprehension thereof and/or any restriction of access to or egress from or any activity on the site of the Works by the relevant authorities in dealing with such event or threat. UU 2.26.10 Clause deleted.

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BCD.4
REFERENCE VV 2.35 Delete "within a reasonable time" in line 10.

Line 11 after "be made good" insert "within the following required times" Insert after thirteenth line at end of clause: The required times are: a) Water ingress or damp from internal services; 8 working hours b) Electrical and heating faults; 8 working hours c) Blocked drains; 8 working hours d) Ill-fitting doors/windows where security affected; 8 working hours e) Defective floor coverings or pavings; 7 working days unless in the opinion of the Employer, these represent a possible danger in which case 8 working hours f) All other defects which the Employer's Agent considers require attention before the end of the Defects Liability Period, which are not listed above, will be attended to within 5 working days or such lesser period as the Employer's Agent may reasonably require XX 2.37 & 2.38 Contractors Design Documents Insert new Clause 8.7.2.4 YY Amend Clause 4.10.2 as follows: Delete Notwithstanding the fiduciary interest of the Employer in the Retention as stated in clause 4.16.1 . in line 1.

ZZ

Insert new Clause 4.10.8

4.10.8 The intended Application for interim payment accompanied by a quantified breakdown of all amounts therein including materials onsite and such further information as the Employer's Agent may reasonably require shall be submitted 5 working days in advance of the date as set out in Clause 4.7 to the Employers Agent for consideration. The Employer's Agent shall complete and sign off an Employer's Valuation/Certificate Proforma in the agreed amounts referred to in Clauses 4.8 and 4.14 for the Employer who shall pay the Contractor in accordance therewith, inclusive of VAT. Within 2 working days of receipt of such payment, the Contractor shall send a VAT invoice to the Employer in the agreed amount confirming receipt of such payment. AAA Insert new Clause 4.10.9

4.10.9 Neither the submission of any Application for Interim Payment nor the payment of any amount by the Employer

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BCD.4
REFERENCE to the Contractor pursuant thereto shall constitute or imply or be evidence of the Employer's approval or acceptance of any design, work, materials or equipment forming part of the Works or shall relieve the Contractor of any of his obligations hereunder. BBB Insert new Clause 8.7.2.4 8.7.2.4 Upon any determination or purported or alleged termination of the Contractors employment or if this Contract is terminated or discharged and notwithstanding that the validity of determination or discharge is disputed by the Contractor, the Contractor shall vacate the site having carried out all necessary measures to ensure the Works and the Site are left in a condition whereby: i) they present no hazard to any Personnel and the General Public. ii) they are compliant with all Health and Safety legislation. iii) they are suitably secured to prevent unauthorised access and the removal of any unfixed materials and any plant. The Contractor shall promptly deliver to the Employer possession of the Site and of the Works together with any design material therein or in his possession.

Execution of Contracts:

Contracts will be executed as a Deed.

Attestation

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BCD.4
REFERENCE

J.C.T. MINOR WORKS BUILDING CONTRACT 2005 1. Recitals 1-4

2.

Articles 1-8 If only Regulations 7 and 13 of the CDM Regulations apply, delete articles 4&5. Article 7 to apply see Contract Particulars
Articles 4&5 Article 7 CL 7.3 and Schedule 1

3.

Contract Particulars A. Arbitration: Article 7 and Schedule 1 (arbitration) will not apply delete the word apply. Date for Commencement of the Works: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Date for Completion: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Liquidated Damages: Insert a rate per week calculated in accordance with the rules set out in Directive BCD.2. Rectification Period(s): Normally 3 months, but 6 months may be appropriate for some schemes. Percentage of the total value of work etc: insert 95 per cent. Percentage of the total amount to be paid to the Contractor: insert 971/2 per cent. Supply of documentation: Insert 3 months. Schedule 2 Fluctuations Option: applies. Percentage addition for Fluctuations Option: Insert zero per cent. Contractors Insurance injury to persons or property (See Directive BCD.1.) Insurance of the Works: Clause 5.4A applies delete 5.4B applies for new buildings or delete references to Clauses 5.4A and 5.4B for alterations or extensions to existing building and insert new clause. (See Directive BCD.1.) Percentage to cover professional fees: Insert 16% Adjudication Nominator of Adjudicator President or Vice President : Royal Institute of British Architects. Delete: Others as listed. Base date: Insert a finite date. Normally ten days prior to that which the tenders are due to be returned. DO NOT insert a statement that the base CL 5.3.2
Article 7 and Schedule 1 CL 2.2

B.

CL 2.2

D.

CL 2.8

CL 2.10

F G

CL 4.3 CL 4.5

H I J K

CL 4.8.1 CL 4.11 and Schedule 2

CL 5.4A and 5.4B

M N

CL 5.4A.1 CL 7.2

Schedule 1 (paragraph 1)

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BCD.4
REFERENCE and Schedule 2 (paragraphs 1.1,1.2,1.5,1.6, 2.1 and 2.2) Schedule 1 (paragraph 2.1)

date is to be fixed a number of days prior to the date set for the return of tenders.

P.

Arbitration Appointer of Arbitrator - President or Vice President: Chartered Institute of Arbitrators. Delete: Others as listed.

Execution of Contracts:

Contracts will be executed as a Deed.

Attestation

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BCD.4
REFERENCE

J.C.T. MINOR WORKS BUILDING CONTRACT WITH CONTRACTORS DESIGN 2005 1. Recitals 1-5

2.

Articles 1-8 If only Regulations 7 and 13 of the CDM Regulations apply, delete articles 4&5. Article 7 to apply see Contract Particulars
Articles 4&5 Article 7 CL 7.3 and Schedule 1

3.

Contract Particulars A. Arbitration: Article 7 and Schedule 1 (arbitration) apply delete the words do not apply. Date for Commencement of the Works: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Date for Completion: A finite date in accordance with the latest agreed programme is to be inserted prior to the issue of the tendering documents. Liquidated Damages: Insert a rate per week calculated in accordance with the rules set out in Directive BCD.2. Rectification Period(s): Normally 3 months, but 6 months may be appropriate for some schemes. Percentage of the total value of work etc: Insert 95 per cent. Percentage of the total amount to be paid to the Contractor: Insert 971/2 per cent. Supply of documentation: Insert 3 months. Schedule 2 Fluctuations Option: applies. Percentage addition for Fluctuations Option: Insert zero per cent. Contractors Insurance injury to persons or property (See Directive BCD.1.) Insurance of the Works: Clause 5.4A applies delete 5.4B applies for new buildings or delete references to Clauses 5.4A and 5.4B for alterations or extensions to existing building and insert new clause. (See Directive BCD.1.) Percentage to cover professional fees: Insert 16% Adjudication Nominator of Adjudicator President or Vice President : Royal Institute of British Architects. Delete: Others as listed. Base date: Insert a finite date. Normally ten days prior to that which the tenders are due to be returned. DO NOT insert a statement that the base date is to be fixed a number of days prior to the date set for the return of tenders. CL 5.3.2
Article 7 and Schedule 1 CL 2.3

B.

CL 2.3

CL 2.9

CL 2.11

F G

CL 4.3 CL 4.5

H I J K

CL 4.8.1 CL 4.11 and Schedule 2

CL 5.4A and 5.4B

M N

CL 5.4A.1 CL 7.2

Schedule 1 (paragraph 1) and Schedule 2 (paragraphs 1.1,1.2,1.5,1.6,

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BCD.4
REFERENCE 2.1 and 2.2) P Arbitration Appointer of Arbitrator - President or Vice President: Chartered Institute of Arbitrators. Delete: Others as listed. Schedule 1 (paragraph 2.1)

Execution of Contracts:

Contracts will be executed as a Deed.

Attestation

CONCLUSION

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