selwood housing society limited and silcoa limited and ... · in the conditions amounts calculated...

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SELWOOD HOUSING SOCIETY

LIMITED

And

SILCOA LIMITED

And

CONTRACTOR NAME

CONTRACT FOR

ASBESTOS REMOVAL WORKS

(BASED UPON THE JCT MEASURED TERM

CONTRACT 2011)

Issue 1 – dated March 2016

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C O N T E N T S

Contents JCT MEASURED TERM CONTRACT 2011 ........................................................................................ 3

ARTICLES OF AGREEMENT .......................................................................................................... 4 THE RECITALS .............................................................................................................................. 5 THE ARTICLES .............................................................................................................................. 6 CONTRACT PARTICULARS ........................................................................................................... 8 CONDITIONS OF CONTRACT ......................................................................................................16

Amendments to the JCT Conditions ........................................................................................16

EMPLOYER’S REQUIREMENTS ........................................................................................................41

EMPLOYERS REQUIREMENTS – CONTRACT DETAILS ...............................................................42 ADDITIONAL DEFINITIONS AND INTERPRETATIONS ...............................................................44 EMPLOYER’S REQUIREMENTS - PRELIMINARIES ......................................................................45

1. UNDERTAKING OF WORKS .................................................................................................46

2. WORKS ORDERS ..................................................................................................................46

4. CONTRACTOR’S OBLIGATIONS ..........................................................................................47

5. HOURS OF WORK/OUT OF HOURS WORKING ...................................................................50

6. Working in and adjacent to occupied and unoccupied premises ......................................52

7. STAFFING .............................................................................................................................56

9. WORKMANSHIP AND MATERIALS .......................................................................................57

10. STATUTORY OBLIGATIONS ...............................................................................................58

11. ADMINISTRATION OF THE WORKS ..................................................................................58

12. CONDUCT ...........................................................................................................................64

ANNEX A – SPECIFICATION .......................................................................................................70 ANNEX C – SERVICE LEVEL AGREEMENT ..................................................................................81 ANNEX D – SILVA CLAUSE .........................................................................................................84 ANNEX E: HEALTH & SAFETY GENERAL CODE OF SAFE PRACTICE .........................................85 ANNEX F: CONTRACTOR CODE OF CONDUCT ..........................................................................86 ANNEX G: EQUALITY AND DIVERSITY POLICY .........................................................................87 ANNEX H: DATA SHARING AGREEMENT ...................................................................................88

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JCT MEASURED TERM CONTRACT 2011

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ARTICLES OF AGREEMENT

This Agreement is made the xx/xx/xxxx

Between

Silcoa Limited (Silcoa)

Company No: 8987164

Registered Office:

Bryer Ash Business Park Bradford Road

Trowbridge Wiltshire BA14 8RT

and

Selwood Housing Society Limited (Selwood)

Company No: 04168336

Registered Office: Bryer Ash Business Park

Bradford Road Trowbridge

Wiltshire BA14 8RT

Together and separately The Employer

And The Contractor

Name: Contractor Name

Company No: Insert

Registered Office: Contractor Address

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THE RECITALS

First Recital: Contract Area

The Employer requires work to be carried out in:

Various locations owned or managed by the Employer within the geographical area of Wiltshire and surrounding counties, subject to additions and deletions by the Employer at any time during the contract (“the Contract Area”)

In accordance with the details set out or referred to in the Contract Particulars.

Fourth Recital

Not used.

Seventh Recital

Orders may be placed by either one of the parties comprising the Employer and it is agreed that the party placing the order will be severally liable for payment and

any other liabilities in respect of that Order.

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THE ARTICLES

Article 1: Contractor’s obligations

The Contractor shall carry out all Orders that are placed with him during the

Contract Period in accordance with the Contract Documents.

Article 2: Payment

The Employer shall pay the Contractor at the times and in the manner specified in the Conditions amounts calculated by reference to the Schedule of Rates

identified in the Contract Particular (item 11), adjusted and, if appropriate, revised as therein mentioned, or (where applicable and appropriate) calculated by

reference to a Schedule of Hourly Charges (subject to items 12 and 13). Article 3: Contract Administrator

For the purposes of this Contract the Contract Administrator is:

Jonathan Swan Property Surveyor

of

Selwood Housing Society Limited Bryer Ash Business Park

Bradford Road Trowbridge

Wiltshire BA14 8RT (in respect of orders placed by Selwood)

OR

Carl Jackson

Contracts Manager of

Silcoa Ltd

Bryer Ash Business Park Bradford Road Trowbridge

Wiltshire BA14 8RT

(in respect of orders placed by Silcoa)

Article 4: Principal Designer

The Principal Designer for the purposes of the CDM Regulations is the Contractor, or such other contractor as the Employer at any time appoints to fulfil that role either in relation to all Orders or for specific Orders.

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Article 5: Principal Contractor

The Principal Contractor for the purposes of the CDM Regulations is the Contractor or, if he ceases to be the Principal Contractor, such other contractor as the

Employer at any time appoints to fulfil that role either in relation to all Orders or for specific Orders.

Article 9: Amendment 1: CDM Regulations - incorporation

This Agreement and the Conditions shall have effect as modified by the amendments set out in the attached Amendment 1: CDM Regulations.

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CONTRACT PARTICULARS

1 Properties and description of the types of work 1.1. List of properties in the Contract Area in respect of which Orders may be

issued:

Any property owned or managed by Selwood Housing in Wiltshire and the surrounding area

1.2 Description of type of works for which Orders may be issued:

The Contractor shall carry out Asbestos removal works in order to remove various grades of asbestos and to dispose of all waste arising under controlled conditions, in accordance with the ‘Control of Asbestos at Work

Regulations’ (CAWR) 2012. The Contractor will also be required to make good the area for reinstatement/renewal of components by others.

Temporary protection may be required in some instances. All works to be undertaken in compliance with the Health & Safety Act (1974).

The Contractor will be provided with the results of a (Targeted) Refurbishment/ Demolition Survey or Management Survey carried out by

others for each property (depending on the nature of the removal/remediation works to be carried out). The Contractor should be aware that all Asbestos Containing Materials (ACMs) may not have been

identified and should take all necessary precautions whilst undertaking works. If asbestos is discovered that has not previously been identified,

work in the immediate area should stop and the Employer shall be informed so that appropriate action can be taken.

2 Supplemental Provisions (Sixth Recital and Schedule)

Collaborative working - Paragraph 1

- Applies

Health and safety - Paragraph 2

- Applies Cost savings and value improvements - Paragraph 3

- Applies

Sustainable development and environmental considerations - Paragraph 4

- Applies

Performance indicators and monitoring - Paragraph 5 - Applies

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Notification and negotiation of disputes - Paragraph 6

- Applies

Where paragraph 6 applies, the respective nominees of the Parties are:

Employer’s nominee Chris George, Group Asset Director (in respect of Orders placed by Selwood

and Silcoa)

Contractor nominees

[Insert NAME]

Or such replacement as each Party may notify to the other from time to time.

3. Contract Period

Subject to clause 7.1, the Contract Period will be 3 years, upon mutual agreement the contract period may be extended by up to 2 periods of 1 year.

Commencing on

1st May 2018

4. Arbitration (Article 7)

Article 7 and clauses 9.3 to 9.8 (Arbitration) do not apply

5. Orders – minimum and maximum values (Clause 2.4)

Minimum value of any one Order to be issued

£0 (words zero pounds)

Maximum value of any one Order to be issued

£UNLIMITED (words unlimited pounds)

6. Orders – value of works to be carried out (Clause 2.5)

Approximate anticipated value of works to be carried out under this Contract

£200,000 (two hundred thousand pounds) per annum

£100,000,000 (one million pounds) for the Contract Period

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7. Order – priority coding (Clause 2.6)

Priority Latest attendance on site to undertake

works following issue of works request

Emergency 4 hours

Urgent 24 hours

Voids 5 days

Tenanted/Planned 30 days

8. Construction Industry Scheme (CIS) (Clause 4.2)

The Employer at the commencement of the Contract Period is

- Is not a “contractor” for the purposes of the CIS.

9. NOT USED

10. Responsibility for measurement and valuation (Clause 5.2)

The Contract Administrator shall measure and value a percentage of

Orders, to be specified and varied by the Contract Administrator. The Contractor shall measure all other Orders.

11 Schedule of rates (Clause 5.3, 6.6.1 and 5.6.2)

11.1 The Schedule of Rates is

Selwood Housing Schedule of Rates attached as ANNEX B

subject to adjustment of the rates listed in that Schedule by the addition / deduction of the Adjustment Percentage, which is [INSERT

PERCENTAGE] per cent.

11.2 Where the Schedule of Rates is the NHF Schedule of Rates the version(s) identified below is to apply:

Does not apply

11.3 Rates – Fluctuations (Clause 5.6.1) Does not apply

11.4 Basis and dates of revision

Where clause 5.6.1 applies the basis on which the Schedule of Rates is to be revised under clause 5.6.1.2 is as follows:

The rates stated in the Schedule of Rates are adjusted on each annual

anniversary of the commencement of the Contract.

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Any adjustment to the rates stated in the Schedule of Rates, for subsequent

calendar years shall be as a maximum an adjustment calculated by application of the movement in the Consumer Prices Index (CPI). The movement to be applied to the Schedule of Rates shall be calculated on the

basis of the annual increase/decrease in the CPI published in the April immediately preceding each anniversary date of the Contract. The

Contractor undertakes to seek efficiency savings to keep the price adjustment below the rate of CPI.

Any increase/decrease to the Schedule of Rates will only be applied to the value of Works completed subsequent to the Anniversary Date of the

Contract. 12. Daywork (Clauses 5.4, 5.6.3 and 5.6.4)

12.1 Valuation – percentage additions

Where not included in or annexed to the Schedule of Hourly Charges, the percentage additions to the invoice price of non-labour items are as follows:

Addition Percentage

Overheads and profit on Materials Insert %

Overheads and profit on Plant, Services and Consumable Stores

Insert %

Overheads and profit on Sub-Contractors Insert %

12.2 Revision of Schedule of Hourly Charges

Clause 5.6.3 Does not apply

Where clause 5.6.3 applies the annual revision date (if other than 1 August)

is the anniversary date of the commencement of the Contract. Where clause 5.6.3 applies the basis of revision of hourly charges, if not set

out in the Schedule of Hourly Charges, is as follows:

Any adjustment to the hourly charges stated in the Schedule of Hourly Charges, for subsequent calendar years shall be as a maximum an adjustment calculated by application of the movement in the Consumer

Prices Index (CPI). The movement to be applied to the Schedule of Hourly Charges shall be calculated on the basis of the annual increase/decrease in

the CPI published in the September immediately preceding each anniversary date of the Contract. The Contractor undertakes to seek efficiency savings to keep the price adjustment below the rate of CPI.

Any increase/decrease to the Schedule of Hourly Charges will only be

applied to the value of Works completed subsequent to the relevant anniversary date of the Contract

13. Overtime work (clause 5.7)

Clause 5.7 does not apply.

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14 Insurance (Clauses 6.4.1.2, 6.9, 6.11, 6.14) 14.1

Insurance cover for any one occurrence or series of occurrences arising out of any one

event

Public Liability £5,000,000

Employer’s Liability £5,000,000

Contamination Liability Not required

Professional Indemnity £2,000,000

Contractors All Risk £2,000,000

Terrorism cover Not required

14.2 Percentage to cover professional fees 5 %

14.3 Annual renewal date of insurance as supplied by the Contractor

[INSERT RENEWAL DATES]

14.4 Terrorism Cover – details of the required cover Not required

15. Break Provisions (Employer) (Clause 7.1) The period of notice for the Employer is [13] weeks

16. Settlement of Disputes (Clauses 9.2, 9.3 and 9.4.1) Adjudication

The Adjudicator is Not named

Nominating body – where no Adjudicator is named or where the named

Adjudicator is unwilling or unable to act (whenever that is established):

The President or a Vice President of the Royal Institute of Chartered

Surveyors

Arbitration Appointer of Arbitrator (and of any replacement)

The President or a Vice President of the Royal Institute of Chartered

Surveyors 17. Self-authorised variations (Added Clause 3.5.5)

The additional value of Works inclusive of the Percentage Adjustment and

exclusive of VAT is [£50 (fifty pounds)]

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18. COMPENSATION RECOVERABLE FROM THE CONTRACTOR (Added Supplementary Provisions Clause 8)

Broken appointments by Contractor – compensation to tenant payable by

Contractor.

£25.00 per broken appointment including Employers administration costs

Addition to Loss of Rent or Temporary

Accommodation costs for Employer’s administration costs

10% addition to weekly costs

Loss of rent on Void Property Works

The amount per property of the weekly rent chargeable by the Employer as appropriate for the type and size of property concerned for each week or part

week (one to six calendar days) of delay, and any additional costs of security.

Bedrooms

Average Re-Let Rent £/week

Bed-sit 63.07

1 78.44

2 88.67

3 95.28

4 105.73

5 115.32

6 128.11

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Execution as a Deed

Executed as a Deed by the Employer

Namely ______[Selwood Housing Society Limited]_______________________ (Employer)

(A) acting by a Director and the Company Secretary/two Directors of the company

namely -

___________________________ and ___________________________ (insert names of signatories)

___________________________ ___________________________ Signature Director Signature Company Secretary/Director

(or)-

(B) by affixing hereto the common seal of the company

in the presence of


Executed as a Deed by the Contractor

Namely ______________________________________ (Contractor)

(A) acting by a Director and the Company Secretary/two Directors of the company

namely -

___________________________ and ___________________________

(insert names of signatories)


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(or)-

(B) by affixing hereto the common seal of the company

in the presence of

___________________________ ___________________________

Signature Director Signature Company Secretary/Director

(or)

(C) by attested signature of a single Director of the company

_________________________ Signature Director

in the presence of

__________________________ ________________________ Witness signature (print name)

_________________________________________________________________ Witness address

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CONDITIONS OF CONTRACT

The Conditions of Contract shall be the Conditions in the JCT Measured Term Contract 2011 edition amended reference to the following, and the

Supplementary Conditions of Contract annexed.

Amendments to the JCT Conditions

Existing / New Clause

Amendment / Addition

Section 1 Definitions and Interpretation

Insert

Human Trafficking Statement

means a statement made in accordance with S.54 of the Modern

Slavery Act 2015 and/or any equivalent provisions of any replacement or successor regulations together with any guidance issued by the Secretary of State.

Interest rate delete 5% and insert 3%

Insert Modern Slavery

Legislation

means the legislation referred to in S. 54 of the Modern Slavery Act 2015 and/or any regulations replacing or succeeding those regulations

National

Schedule of Rates

Delete

Insert NHF Schedule of

Rates

The M3 NHF Schedule of Rates version identified in the Contract Particulars

Insert

Public Contracts Regulations

means The Public Contracts Regulations 2015 and/or any regulations

replacing or succeeding those regulations and references in the Contract to particular provisions of those regulations shall be deemed to be references to the equivalent provisions of any replacement or

successor regulations.

Insert

Quality Standards

means the quality standards published by the British Standard

Institute, the International Organisation for Standardisation or any other equivalent body, that a skilled and experienced operator

engaged in the same type of industry or business as the Contractor would reasonably and ordinarily be expected to comply as supplemented by the Specification included in Annex A or attached to

an Order.

Insert Works

means any work and/or the supply of labour, plant, materials and/or goods to be carried out under this Contract pursuant to an Order or

Orders.

Add 1.8 Unless expressly provided otherwise in the Contract, the liability of

Silcoa and Selwood in respect of any of their obligations under this Contract shall be several and extend only to any loss or damage arising out of their own breaches.

Add Section 2A Liability of the Parties

Add 2A.1 Silcoa or Selwood may individually issue Orders to the Contractor

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and at the time of placing an Order, the Employer shall indicate

whether the particular Order is being placed by Silcoa or Selwood. In respect of any particular Order, all references to the Employer in the Contract shall be read as references to either Silcoa or Selwood

depending on which party placed the Order.

Add 2A.2.1 Silcoa shall be severally liable for the costs of the Orders it places

with the Contractor but shall have no liability in respect of Orders placed by Selwood.

Add 2A.2.2 Selwood shall be severally liable for the costs of the Orders it places with the Contractor but shall have no liability in respect of Orders

placed by Silcoa.

Add 2A.4 Notwithstanding any other provision of the Contract, the Contractor

shall be liable to both Selwood and Silcoa in respect of any Order (whether placed by Selwood or Silcoa) and either Selwood or Silcoa may enforce the provisions of the Contract in their own right against

the Contractor.

Section 2 Carrying out Work

2.1 Contractor’s obligations Amend existing clause reference to 2.1.1

Add 2.1.2 The Contractor shall carry out and complete the Works within the Period indicated on the Order or any amended period that may be

notified: with due diligence, in a good workmanlike manner,

to a high standard in accordance with the Contract using materials and workmanship of the quality and standards

specified, approval of the quality of materials or of the standards or

workmanship shall be to the reasonable satisfaction of the Contract Administrator (Contract Administrator)

Add 2.1.3 The Contractor shall at all times comply with the Quality Standards and where applicable shall maintain accreditation with the relevant

Quality Standards authorisation body.

To the extent the standard of Services has not been specified in the Contract, the Contractor shall agree the relevant standard of Services with the Contract Administrator prior to execution, and shall

execute the Contract with reasonable care and skill and in accordance with good industry practice.

Add 2.1.4 The introduction of new methods or systems which impinge on the

provisions of the Works shall be subject to prior approval

Add 2.1.5 The signing by the Contract Administrator (or his representative) of time sheets or similar documents shall not be construed as implying the Contractor’s compliance with the Contract.

Add 2.1.6 Obligation to Report Damage by Tenants

The Contractor shall ensure that its operatives obtain prior

permission from the Contract Administrator to carry out Work where such Work is considered to be in excess of the value of the Order or which in the Contractor’s opinion arises as a result of vandalism, or

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damage by the resident and is not as a result of fair wear and tear.

Add 2.1.7 Notification of Discrimination

The Contractor shall be required to report to the Contract Administrator within 7 calendar days of the commencement of any court proceedings for racial or other unlawful discrimination or any

harassment alleged by any employee or member of the public in respect of any of the Contractor’s employees or sub-contractors.

Add 2.1.8 Breach of Obligations

The Contract Administrator shall, by written notice to the Contractor suspend the issue of further Orders to the Contractor as a result of a

breach or a suspected breach of the Contractor’s obligations under this Contract (for example, failure to comply with acceptable

standards of workmanship, conduct or customer care, incorrect or suspected fraudulent invoicing, unapproved sub-contracting etc.)

Add 2.1.9 The Contract Administrator shall, following the investigation of the breach or suspected breach, issue further notices to the Contractor

indicating the outcome of such investigation. Should the Contractor be found to be in breach of his obligations under the Contract, then

the Employer shall have the right of Determination in accordance with the terms of the Contract and the Employer’s additional costs incurred may be deducted by the Employer from any monies due or

to become due to the Contractor under this Contract or shall be recoverable by the Employer as a debt.

Add 2.2.2A .1 All materials to be used shall be new materials (unless otherwise

specified) and in accordance with the specification and standards as set out in the Contract in Annex A Specification.

.2 The goods supplied shall be of quality or sort specified for the Works and where so required equal in every respect to the

Employers standard patterns and/or Specification or to samples submitted and approved.

.3 Where an appropriate British Standard Specification or British Standard Code of Practice issued by the British Standards Institution

is current at the date of this Contract then all goods and materials used or supplied hereunder and all workmanship in execution of the Contract shall be in accordance with that standard unless a higher

standard is specified in the Contract.

2.2.4.1 Delete and replace with ' provide and bear the expense of all the

labour, materials, plant, matters and things of every description necessary for properly executing the Works'

Add 2.2.4.4 make adequate provision for holding stock of materials and plant in the operational areas, together with having sufficient labour of all

trades to meet the requirements of the Employer in accordance with the Contract.

Add 2.2.4.5 note that there is likely to be no storage facilities available on site and that materials and equipment are therefore not to be left on site, but to be removed at the end of each Business Day and upon

completion of the Works.

Add 2.2.4.6 ensure that their van stock carries sufficient stock items to enable

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most repairs to be carried out and completed at the first visit. It is

likely that the completion of Work on the first visit will feature as a future Key Performance Indicator and the Contractor is therefore encouraged to regularly review and update their van stocks to ensure

as many jobs as possible can be completed at the first visit.

Add 2.2.4.7 ensure that the van stock also comprise key Health and Safety

equipment together with equipment/dust sheets and the like to maintain and leave the property clean and tidy

Add 2.2.5 .1 The Contract Administrator may require the opening up of completed Works for inspection. In such circumstances:

.1.1 The Contractor shall arrange for the Works to be inspected with an Authorised Officer in attendance.

.1.2 If the Contract Administrator considered the Works are

unsatisfactory: .1.2.1 The Contract Administrator shall issue a default notice

specifying the reason why the Works are unsatisfactory.

1.2.1 within 5 Business Days of receipt of a default notice under clause 2.2.5.1.2.1 the Contractor shall ensure that all defects of whatever nature are corrected and shall remove and/or make good

any defective or unsatisfactory Work to the satisfaction of the Contract Administrator when instructed to do so by the Contract

Administrator 1.2.2 the Contractor shall bear all costs incurred in replacing any

unsatisfactory works and the costs of opening up and inspection of the Works.

1.2.3 if the Contractor fails to remove or make good any defective or unsatisfactory Work when ordered to do so by the Contract

Administrator, a further default notice shall be issued to the Contractor and:

1.2.3.1 no payment will be due to the Contractor for any

unsatisfactory Work. 1.2.3.2 the Employer may instruct another contractor to complete

the Work and/or make good the unsatisfactory Work and may offset, from any money due to the Contractor, the full amount of any costs

incurred in doing so including the Employer's administration costs.

.2 The Contract Administrator may require any materials or completed Work to be tested by an independent body. In this event

the Contractor will be responsible for arranging for such tests and if they are satisfactory, the Employer will be responsible for the cost of such tests. Should the tests prove the materials or Work not to be in

accordance with the Contract, the Contractor must bear all costs incurred in connection with the tests and replacing unsatisfactory

materials or Works.

Add 2.2.6 .1 The Contract Administrator may direct the removal of any

materials brought upon any site which the Contract Administrator

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determines is of an inferior quality or description or improper to be

used in the Works. .2 The Contractor shall ensure that any such materials are removed

entirely away from the site within 24 hours after directions to that effect has been given by the Contract Administrator and shall provide

other fit and proper materials with all possible despatch in place of those rejected.

.3 in cases of non compliance by the Contractor with any directions under this clause 2.2.6:

.3.1the Contract Administrator will arrange for the inferior or improper materials to be taken away or otherwise dealt with as

rubbish without any payment or compensation to the Contractor for the same.

.3.2 the Contractor shall pay the costs incurred by the Employer. The Contractor Administrator shall certify the expense for the Contractor

to pay on demand to the Employer in respect of the costs incurred by the Employer in such cases of non-compliance. For all purposes of

this Clause, the decisions, orders or certificate of the Contract Administrator shall be absolute and final.

Add 2.3.7 The Employer shall retain ownership in all lead, copper or other second hand materials or other articles remaining after the execution

of an Order.

2.12 Defects Delete 6 months and insert 12 months

Add 2.13 Modern Slavery Legislation

.1.1 The Contractor undertakes to the Employer that:

.1.1.1 it has not and its current and former directors, officers and employees have not and shall not engage in activity which would

amount to a breach of the Modern Slavery Legislation or activity which would constitute an offence under the Modern Slavery Legislation if the conduct took place in the United Kingdom;

.1.1.2 it has not and its current and former directors, officers and

employees have not and shall not engage in any activity, practice or conduct which could or would place the Employer in breach of the

Modern Slavery Legislation or activity which would constitute an offence under the Modern Slavery Legislation if the conduct took place in the United Kingdom;

.1.1.3 it has and shall maintain and implement:

(a) procedures to ensure compliance with the Modern Slavery Legislation; and

(b) adequate procedures designed to prevent conduct that would

give rise to an offence under the Modern Slavery Legislation;

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.1.1.4 it shall include undertakings similar to those contained in these clauses 2.13.1 and 2.13.2 in any contract it may enter into with sub contractors and/or suppliers and provisions similar to those

contained in clauses 2.13.3 and 2.13.4;

.1.1.5 from time to time, at the reasonable request of the Employer, it will confirm in writing that it has complied with its undertakings under clause 2.13.1 and will provide any information reasonably

requested by the Employer in support of such compliance.

.1.2 The Contractor shall maintain adequate records to assist in verifying its compliance with the provisions of this clause 2.13.1 and shall permit the Employer and its third party representatives,

immediately upon request during normal business hours to access and take copies of such records and to meet with the Contractor's

personnel to audit the Contractor's compliance with its obligations under this clause 2.13.1. The Contractor shall give all necessary assistance to the conduct of such audits.

.1.3 Audit access by any third party representative of the Employer

in accordance with clause 2.13.1.2 shall be subject to such representative agreeing to be bound by confidentiality obligations equivalent to those in clause 14 in respect of the information

obtained provided that all information obtained may be disclosed to the Employer.

.1.4 In the event of breach of clauses 2.13.1.1.1, 2.13.1.1.2 and/or

2.13.1.1.3 by the Contractor and/or breach by any sub contractor or supplier of equivalent clauses required under clause 2.13.1.1.4 and/or if the Contractor, sub contractor or supplier is convicted of an

offence under the Modern Slavery Legislation in relation to this Contract or any other agreement (whether or not the Employer is a

party to that agreement), the parties agree that the Employer may at its sole discretion terminate the Contractor's employment under:

.1.4.1 this Contract and the provisions of clause 8.9 shall apply; and

.1.4.2 (if applicable) any other contract between the parties (whether in relation to an Order or otherwise) and any such termination shall be deemed to be termination for contractor default.

.2 The Contractor further undertakes to the Employer that:

.2.1.1 If required by law to do so, it shall, for each and every financial year of the Contractor, comply with its obligations under

S.54 of the Modern Slavery Act by publishing a Human Trafficking Statement;

.2.1.2 It shall include an undertaking similar to that contained in this clause 2.13.2 in any contract it may enter into with sub contractors

and/or suppliers.

.3 In the event of breach of clause 2.13.1.1.4, 2.13.1.1.5, 2.13.1.2, 2.13.2 and/or 2.13.4 the parties agree that the Employer may by

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notice in writing to the Contractor require that such breaches will be

rectified within 7 days of receipt. If the Contractor fails to rectify such breaches in accordance with the notice the Employer may in its sole discretion terminate the Contractor's employment under:

.3.1.1 this Contract and the provisions of clause 8.9 shall apply; and

.3.1.2 (if applicable) any other contract between the parties (whether in relation to an Order or otherwise) and any such termination shall

be deemed to be termination for contractor default.

.4 The Contractor shall indemnify the Employer against any losses, liabilities, damages, costs (including but not limited to legal fees) and expenses incurred by, or awarded against, the Employer as a result

of:

.4.1.1 any breach of clauses 2.13.1 and 2.13.2 by the Contractor or; .4.1.2 any breach of provisions equivalent to clauses 2.13.1 and

2.13.2 in any contract with a sub contractor or supplier;

.4.1.3 any act or omission by a sub contractor or supplier which would have amounted to a breach of the relevant sub contract had the Contractor complied with its undertaking set out in clause

2.13.1.1.4.

Section 3 Control of Work

3.2 Sub-Contracting

amend existing clause reference to 3.2.1

Add 3.2.2 The Contractor shall not without the written consent of the Contract Administrator (which consent shall not be unreasonably withheld to

the prejudice of the Contractor) sublet any portion of the Contract. The Contractor will, unless the Contract Administrator permits

otherwise due to unforeseen circumstances which would prevent the Contractor from fulfilling his contractual obligations, only be allowed

to sublet such portions of the Works that they does not undertake in the course of their normal business operations and subject to the same equality and diversity requirements.

It shall be a condition precedent in any authorised subcontracting

which may occur that the employment of any sub-contractor under their subcontract with the Contractor shall determine immediately

and automatically upon the determination (for any reason) of the Contractor’s employment under this Contract.

Add 3.2.3 The Contractor:

.1 Shall note that all electrical Work shall be carried out by a firm who is a member of the National Inspection Council for Electrical

Installation Contractors (NICEIC) or Electrical Contractors Association (ECA) or other approved by statute, and gas Works by a firm who is on the register of the Gas Safe Register. If the Contractor is not

registered, they will be required to sublet the work to a sub-

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contractor who is, and the sub-contractor will be regarded as a

domestic sub-contractor to be approved by the Contract Administrator.

.2 Shall ensure that they or their approved sub-contractor are for the duration of this Contract, enrolled on the Gas Safe Register, or

be a member of a Class of Persons approved by the Health and Safety Executive, pursuant to the Gas Safety (Installation and Use) Regulations current at the time, or such other Regulations as shall

succeed and replace the Regulations at the time.

.3 Shall also ensure that all ‘gas engineers’, employed upon the Works to undertake work (as defined in the Regulations) in connection with boilers, appliances and gas systems connected to a

live gas supply, shall also for the duration of this Contract, be enrolled on the Gas Safe Register.

.4 Shall ensure that all ‘gas engineers’ employed upon the Works shall be properly trained, qualified and competent to undertake all

tasks set by the Contractor or his approved sub-contractor and in particular, the gas engineers referred to in this Condition shall have

further undergone assessment, been recommended for certification and hold at all times a current valid certificate recognised by the Health and Safety Executive in the following:-

.1 Approved S/NVQ qualification and/or ACS qualifications

Add 3.2.4 The Contract Administrator:

.1 Shall approve any persons to whom work is assigned or sublet in accordance with these provisions, by the Contractor.

.2 Shall note that the use by the Contractor in the undertaking of

the Works of any sub-contractor for which approval has not been given by the Contract Administrator and/or further subletting by any

sub-contractor, approved or otherwise shall entitle the Employer to terminate the Contractor’s employment under the Contract.

For avoidance of any doubt, the actions of any sub-contractor due to the failure on the part of the Contractor to observe or fulfil any of

their obligations to the sub-contractor under the Housing Grants, Construction and Regeneration Act 1996 will not relieve the Contractor from any responsibilities or obligations to the Employer or

other liabilities under this Contract

Add 3.2.5 The Contractor: .1 May from time to time be instructed to undertake Works for which

the Schedule of Rates is not applicable and which is of a specialist nature requiring special technical expertise and/or regard to health and safety provisions e.g. asbestos sampling, testing, encapsulation

and/or removal (scaffolding is deemed not to be Work of a specialist nature).

.2 Shall, if he does not undertake such Works in the course of their normal business operations, or is not licensed for or is prevented

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from undertaking such specialist Works by legislation or other

regulations, be required to sub-let the Work to a specialist sub-contractor.

.3 Shall, in this event, shall, immediately upon receipt of a relevant instruction to undertake the Works, notify the Contract Administrator

in writing of their inability to undertake such Works and at the same time propose or nominate the names of a reasonable number (dependant on scope envisaged) of suitable, qualified specialist

companies who are prepared and able to undertake the Works.

.4 Shall be solely responsible for all matters of co-ordination, supervision, provision of facilities, testing, protection, attendances and special attendances in connection with Works undertaken by

such sub-contractors.

.5 Shall use their best endeavours to expedite the above procedure in order to prevent any delay to completion of the Works. If for any reason it becomes apparent that it is not possible to complete the

Works within the programme period agreed for the scheme then the Contractor shall notify the Contract Administrator accordingly stating

the reasons.

Add 3.2.6 The Contract Administrator: .1 Shall, upon receipt of the names of the Contractor’s nominated

specialist companies, instruct the Contractor to obtain and provide competitive quotations from up to 3 of the companies who meet with

their approval. .2 Shall, as soon as is practical, instruct the Contractor which

specialist’s quotation (if any) is acceptable and should be engaged by the Contractor in a sub-contract capacity to undertake the Works

ordered. Any specialist company engaged by the Contractor under these provisions shall be regarded as a domestic sub-contractor

approved by the Contract Administrator.

3.3 Contractor’s representative amend existing clause reference to 3.3.1

Add 3.3.2 The Contractor;

.1 Shall prior to the appointment of the Contractor’s representative, inform the Employer in writing of details of its Contractor’s

representative. The Contractor shall also inform the Employer in writing of any person(s) authorised to act as deputy for the Contractor’s representative. The Contractor may remove or replace

the Contractor’s representative from time to time and must give written notice to the Contract Administrator at the time of so doing.

.2 Shall ensure that the Contractor’s representative informs the Contract Administrator promptly and in writing of any instances of

activity or omission on the part of the Employer which precludes the Contractor from meeting its obligations under the Contract.

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.3 Shall at all reasonable times employ upon the Contract a

competent directly employed Supervisor and any instructions given to them by the Contract Administrator shall be deemed to have been issued to The Contractor.

3.4.1 Access to the Site

Delete existing description, and insert new to read:

Except to the extent that the Schedule of Rates otherwise provides, access to the Site shall following and in accordance with the instructions of the Contract Administrator, be arranged by the

Contractor.

3.4.2 Deleted in its entirety

Add 3.5.5 Self-Empowerment on Variations

The Contractor shall, if during the undertaking the Works considers extra/varied work directly related to the repairs ordered or located within the same room and which Works would normally be

reimbursed by the rates in the Schedule of Rates is necessary then they may proceed with such repairs as Self Authorised Variations

provided this will not result in the value of the original Order being increased by more than the value indicated in the Contract Particulars.

Add 3.5.6 The Contractor shall include details of all such extra/modified Work

on the Contractor’s weekly reports in accordance with ‘Employer’s Requirements – Preliminaries and General Matters.

Full details shall also be clearly stated on the Contractors application for payment, such requirement being a condition precedent to

payment by the Employer.

Add 3.5.7 The Contractor shall in respect of all extra/varied Works and which Works would normally be reimbursed by the rates in the Schedule of

Rates and which are likely to result in an increase in the value of the original Order being increased by more than the value indicated in the Contract Details, the Contractor, shall immediately seek the

Contract Administrator’s instructions whilst the operatives are still in the dwelling or at the scheme.

Extra/varied Work subsequently authorised is to be clearly detailed on the Contractor’s Invoice together with the date/name of the

Contract Administrator or Authorised Officer who authorised the Work to proceed, such requirement being a condition precedent to

payment by the Employer.

Section 4 Payment

Add 4.2A Sub-contract Payment Terms .4.2A.1 Where the Contractor enters into a Sub-Contract, the

Contractor shall ensure that the Sub-Contract contains suitable provisions to impose, as between the parties to the Sub-Contract

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that:

.4.2A.1.1 any payment due from the Contractor to the sub-contractor under the Sub-Contract to be made no later than the end

of a period of 30 days from the date on which the relevant invoice is regarded as valid and undisputed;

.4.2A.1.2 any invoices for payment submitted by the sub-contractor are considered and verified by the Contractor in a timely fashion and

that undue delay in doing so is not to be sufficient justification for failing to regard an invoice as valid and undisputed; and

.4.2A.1.3 the sub-contractor (including, for the avoidance of doubt, any Sub-Contractor) includes in any Sub-Contract which it in turn

awards suitable provisions to impose, as between the parties to that Sub-Contract, requirements to the same effect as those required by

this clause 4.2A. .4.2A.2 For the purposes of clause 4.2A, Sub-Contract means a

contract between two or more suppliers (at any stage of remoteness from the Employer in a sub-contracting chain) made wholly or

substantially for the purpose of performing (or contributing to the performance of) the whole or any part of this Contract.

4.5.2 Delete 28 days and insert 17 days

4.5.3 Delete 56 days and insert 14 days

Add 4.5.6 Audit If at any time, and notwithstanding the issue of the Final Certificate,

it is discovered that the Contractor has included in valuations/invoices submitted, quantities and/or monetary amounts

in respect of Work which has not been carried out and/or properly executed in accordance with the Contract, whether or not payment for such has already been made by the Employer, then the Employer

shall have the right to:

.1 inspect any/all premises in respect of which Works have been instructed to the Contractor since the Commencement Date where it is purported that Work has been carried out by the Contractor under

the Contract, and

.2 determine at their sole discretion the extent of such inspection that is deemed necessary for the purposes of further checking, and

.3 recover from the Contractor all reasonable costs and/or expenses which the Employer has incurred or may incur consequential to

carrying out such inspection, and

.4 determine and recover from the Contractor the apparent excess amount in respect of any overcharge and/or overpayment as appropriate.

Any amount due to the Employer arising from the above provisions

shall be recoverable as a debt from the Contractor to the Employer

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and may be set-off or deducted from any monies due or which may

become due to the Contractor. Provided always that the recovery of such debt shall be without prejudice to any other rights or remedies the Employer may have.

4.6.1 Payment of Certificates

Delete 14 days and insert 28 days

Section 5 Measurement and Valuation

5.4.1 After 'Contract Particulars.' Add 'such rates shall be fully inclusive of all costs and expenses incurred by the Contractor and shall apply to

working hours only (travel and other time shall not be recoverable). The rates shall be deemed to be inclusive of the aggregate prime cost of all materials expended up to £1.00 per hour worked. '

Add 5.4.1A Where daywork is to be carried out, the Contract Administrator shall specify the maximum number of hours permissible for such daywork.

In the event that these hours are likely to be exceeded, the Contractor shall obtain a Variation from the Contract Administrator

before expending any extra hours on the Work. The Contractor shall expedite this procedure in order to prevent any delay to the Completion of the Works.

Add 5.4.3 Where daywork is carried out: .1the prime cost of materials and goods obtained from stockists or

manufacturers shall be the invoice costs excluding VAT (after deduction of all trade discounts but inclusive of cost of delivery to

Site where applicable) based upon the current market prices, plus any appropriate handling charges and the addition of the percentage indicated in the Contract Particulars to the prime cost of materials

and goods in respect of overheads and profit.

.2 Any plant specifically required shall be charged at net invoice cost excluding VAT after deduction of all discounts, and includes the cost of delivery to site where such plant warrants a specific delivery

charge. The cost shall exclude the use of non-mechanical hand tools and of erected scaffolding, staging, trestles or similar. The

percentage indicated in the Contract Details to the prime cost of plant in respect of overheads and profit shall be added to the cost.

.3 Work specifically approved or instructed by the Contract Administrator to be undertaken by specialist sub-contractors which

are required by the Contractor shall be charged at prime cost being the net invoice amount excluding VAT charged to the Contractor by the specialist after deduction of all discounts. The percentage

indicated in the Contract Particulars for Sub-Contractors in respect of contribution to overheads and profit shall be added to the cost.

Add 5.4.4 .1 The Contractor will submit to the Contract Administrator at the end of the week in which the daywork was carried out daily time

sheets detailing the net costs of all labour, materials and plant and shall provide supporting invoices to the Employer for materials and plant used in the execution of daywork.

.2 The Contract Administrator if satisfied with the records submitted,

will endorse their signature thereupon and payment will be made in accordance with the provisions of the Contract.

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.3 If the Contract Administrator is not satisfied with the records, it shall specify the items which are disputed and the parties shall seek to agree the correct costs and/or records required. If the parties are

unable to reach agreement the provisions of clause 9 shall apply.

Add 5.6.6 The Employer reserves the right to delete items from the Schedule

of Rates as is deemed appropriate and no claim for any additional costs arising from the deleting of such Items will be allowed by the

Employer

Add 5.6.7 The Employer may require the inclusion of additional items within the

Schedule of Rates. In such situations the Employer will identify items and either pre price these or request a price from the Contractor for negotiation, agreement and inclusion in the Schedule of Rates. Any

such additional items shall be priced at a comparable level with existing items in the Schedule of Rates and the Employer's decision

on the prices will be final.

5.7 Overtime Work

Delete in its entirety

Section 6 Injury, Damage and Insurance


Shall be required to indemnify the Employer against and insure and cause any sub-contractor to insure against the risk of any loss or

damage, during the execution of the Works, to the goods, chattels, possessions and personal property belonging to or under the control

of, or in possession of the Employer (called the property of the occupier) where such property of the occupier remains in any building during the execution of the Works, if such loss or damage is

a result of the negligence of the Contractor, their servants or agents of any sub-contractors or where the dwelling is subject to vandalism,

theft and other loss or damage whilst in the Contractor’s possession for the purpose of the undertaking of the Works or other such Works, possession being deemed to be from the receipt of keys etc., by the

Contractor from the Employer until the return of the keys etc., to the Employer upon completion of the Works.


Shall maintain in the joint names of the Employer and themselves, insurance’s in respect of any expense, liability, loss, claim or

proceedings which the Employer may incur or sustain by reason of damage to any property other than the Works caused by collapse,

subsidence, vibration, weakening or removal of support or lowering of ground water arising out of or in the course of or by reason of the carrying out of the Works excepting damage

.1 Caused by the negligence, omission or default of the Contractor,

their servants or agents or of any sub-contractors, their servants or agents.

.2 Attributable to errors or omissions in the designing of the Works.

.3 Which can reasonably be foreseen to be inevitable having regard to the nature of the Work to be executed or the manner of its

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execution.

Add 6.4.6.1 Contractor’s Design Liability Insurance

The Contractor shall to the extent that the Contractor undertakes a design responsibility in the carrying out of the Works to ensure the

Works are fully functionable the Contractor shall ensure that the whole of the design liability of the Contractor and his consultant designers (if

any) under this Contract shall be insured, without exclusion, by means of an acceptable Professional Indemnity Policy covering the Contractor’s legal liability for neglect, omission or error

Add 6.4.6.2 The Contractor shall without prejudice to his obligations under the

Contract or otherwise at law, take out and maintain or require its design consultants to take out and maintain, for a period of 12 years

from the date of Contract or for as long as such insurance remains available at reasonable commercial rates, design liability insurance cover with a limit of indemnity of not less than that stated in the

Contract Details for any one occurrence or series of occurrences arising out of any one event in respect of any negligence by the

Contractor or any sub-contractor or supplier or consultant employed by the Contractor in the design of any work, goods or materials pursuant to the Contract.

Add 6.4.6.3 The Contractor, and/or its appointed consultant designers shall

annually or whenever so required by the Employer, produce a certificate in a form to be agreed prior to the commencement of the

Contract, signed by or on behalf of the Contractor’s insurers brokers stating that the foregoing insurance is in force, the period for which it has been taken out and disclosing any exclusions or conditions which

restrict cover and are imposed on the holder of the policy.

Add 6.4.6.4 The Employer shall, should the Contractor or consultant default in insuring or in continuing to insure as provided for above, themselves

insure against the design liability and will deduct a sum or sums equivalent to that amount paid or payable in respect of premiums from any monies due or to become due to the Contractor under the

Contract or such amount shall be recoverable by the Employer from the Contractor as a debt.

The Contractor’s appointed design consultants and/or sub-contractors shall where so required by the Employer sign a collateral

warranty to the Employer in a form to be agreed prior to the commencement of the Contract.

Add 6.16 Indemnity between the Employer

1 Silcoa shall indemnify Selwood against all actions proceedings costs claims and demands resulting from any breach non-observance

or non-performance of the obligations of Silcoa in the Contract. .2 Selwood shall indemnify Silcoa against all actions proceedings

costs claims and demands resulting from any breach non-observance or non-performance of the obligations of Selwood in the Contract.

Section 7 Break Provision – Rights of each Party

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7.1 Replace existing 7.1 with

The Employer shall have the right to reduce the duration of the Contract Period by giving the Contractor not less than 13 weeks’ notice to that effect (or such lesser period of notice as is stated in the

Contract Particulars (item 15). That notice may in either case expire at any time not less than 6 months after the date of commencement

of the Contract Period.

Schedule of Supplemental Provisions (Sixth Recital)

Add 7 STATUTORY OBLIGATIONS

Add 7.1 The Contractor shall comply with, and give all notices required by,

any statute, any statutory instrument, rule or order or any regulation or bye law applicable to the Contract (called the ‘statutory requirements’) and shall pay all fees and charges in respect of the

Contract legally recoverable from him.

Add 7.2 The Contractor shall on finding any divergence between the statutory requirements and the Contract Documents or between the statutory

requirements and any instruction of the Contract Administrator, the Contractor shall immediately give to the Contract Administrator a written notice specifying the divergence.

Subject to this latter obligation, the Contractor shall not be liable to the Employer under this Contract if the Works do not comply with the

statutory requirements where and to the extent that such non-compliance of the Works results from the Contractor having carried out work in accordance with the Contract Documents or any

instruction of the Contract Administrator.

Add 8 COMPENSATION RECOVERABLE FROM THE CONTRACTOR

Add 8.1 Liquidated and Ascertained Damages and Sums Recoverable from

the Contractor

The Employer: 8.1.1 Shall if the Contractor does not comply with the Period

required for any Order or the scheduled completion date for any works or any extended period that may be granted by the Contract

Administrator, be entitled to employ and pay any other persons to carry out the Works and all costs incurred may be deducted by the Employer as a debt.

8.1.2 Shall be entitled to recover in respect of any Orders which is

not completed within the period as directed on the Order or any agreed extension granted by the Contract Administrator, the amount per property of the weekly rent chargeable as detailed in the

Contract Details by the Employer to a tenant as appropriate for the type and size of property concerned for each week or part week (one

to six calendar days) of delay, with the addition of the Employer’s administrative costs and any additional costs of security as detailed in the Contract Details.

8.1.3 Shall, if the Contractor fails to meet a prearranged

appointment, require the Contractor to reimburse the Employer its administrative costs and the amount the Employer may be required

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to pay to his tenant(s) under the terms of any Tenants charter or

similar agreement. 8.1.4 Shall, if it became necessary, because of the Contractor’s

failure to complete the Works, to relocate tenants, occupiers and the like to an appropriate Bed and Breakfast or Residential Care Home

accommodation, be entitled to deduct such costs the Employer incurs in respect of such relocation including all Bed and Breakfast or Residential Care Home costs.

Add 8.2 The Contract Administrator shall, as soon as it apparent that the

Contractor has failed to complete a Order within the Period and any extension to that period granted by the Contract Administrator, issue

a notice to the Contractor indicating that the Works ought reasonably to have been finished by the expiry date of the Period or the expiry date of any extension granted by the Contract Administrator, and

that the Employer will have an entitlement to recover losses arising from the failure to complete.

Add 8.3 The Secure Tenants of Local Housing Authorities (Right to

Repair) Regulations 1994 133/94 as Implemented by Housing Corporation Circular 33/94 (“the Regulations”)

The Contractor should be aware of and comply with the requirements of the Regulations with regard to the repairs identified in the

“Schedule” and the “Prescribed Period” (as defined in the Regulations) and which came into operation on 1 April 1994. The Contractor shall comply with a repair issued to the Contractor under

Regulation 5 and 6 and in the event of default by the Contractor any compensation which has to be paid to an “Assured or Secure Tenant

“ in accordance with Regulation 7 together with administrative charges, and/or loss of revenue, and/or costs of temporary accommodation shall be recoverable from the Contractor, in addition

to any sums recoverable, a standard administration charge for service of the “Notice” as defined under the Regulations and

administrative charges calculated at the rates stated in the Contract Details will be charged to the Service Contractor or recover as a debt

by the Employer.

Add 8.4.4 In the event that the Employer establishes that regulation 73(1)(b)

of the Public Contracts Regulations applies in relation to this Contract then the Employer may by notice to the Contractor with immediate

effect, terminate the Contractor's employment under this Contract

Add 8.7A Notwithstanding any other clause of this Contract, in the event that

the Employer establishes that regulation 73(1)(a) of the Public Contracts Regulations applies in relation to any Change or variation to this Contract or that regulation 73(1)(c) applies to this Contract

then the Employer may by notice to the Contractor with immediate effect terminate the Contractor's employment under this Contract

and clause 8.10 shall apply.

8.10 In first line of clause 8.10, delete "8.7 or 8.8" and insert: "8.7, 8.7A

or 8.8"

Add 8.10.3 For the avoidance of doubt, the Employer shall not be liable, save as

set out in clause 8.10.1, to the Contractor for any loss of profit, loss of contracts or other costs, losses and/or expenses arising out of or

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in connection with the termination of this Contract pursuant to clause

8.7A.

Add 9 ADMINISTRATIVE MATTERS

Add 9.1 Notices

Any demand notice or other communication required to be given shall, unless expressly stated to the contrary, be sufficiently served if

served personally on the addressee or if sent by prepaid first class recorded delivery post by electronic mail or facsimile transmission to

the registered office or last known address of the party to be served and if so sent shall, subject to proof to the contrary, be deemed to have been received by the addressee on the third business day after

the date of posting or on successful transmission as the case may be.

Any notice to the Employer shall, unless expressly stated to the contrary, be addressed to the Contract Administrator and delivered or sent to the Employer’s offices at the address as stated in the

Contract Details.

Add 9.2 Waiver

Failure by the Employer at any time to enforce the provisions of the Contract or to require performance by the Contractor of any of the provisions of the Contract shall not be construed as a waiver of any

such provision and shall not affect the validity of the Contract or any part or the right of the Employer to enforce any provision in

accordance with its terms.

Add 9.3 Severance If any provision of the Contract shall become or shall be declared by

any court of competent jurisdiction or by an Adjudicator or Arbitrator appointed pursuant to the Contract to be invalid or unenforceable in

any way such invalidity or unenforceability shall in no way impair or affect any other provision all of which shall remain in full force and effect.

Add 9.4 Employees and Post Termination Obligations

The Contractor:

.1 has sole responsibility towards their employees or sub-contractors who may be engaged by them at the termination or expiry of the

Contract.

.2 will indemnify and hold harmless the Employer and any other Contractor/s who may succeed to all or any part of the work tendered for under the terms of the Contract against any costs,

claims, or actions brought by any employee or sub-contractor of the Contractor arising out of or connected with the termination of the

Contract. .3 undertakes to provide (and warrants that such information is true

and correct) to either the Employer or any person or body nominated

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by the Employer, full information and documents relating to all

employees or sub-contractors who were engaged by the Contractor at, or within the preceding 3 month period, of the date of termination or expiry in providing the services under the Contract, and details of

their employment by the Contractor, including but not limited to dates of birth, dates of commencement of their employment, record

of absence/sickness, details of their salary and benefits, and copies of contracts of employment within 14 days of a written request to do so, or in any event within 14 days of the termination or expiry of the

Contract.

.4 shall indemnify and keep the Employer indemnified from and against each and every claim, liability, expense or demand, which may be incurred by the Employer in connection with:

.1 any claim brought by an employee of the Contractor in relation to

their employment .2 any claim brought in respect of employment rights or arising out

of a contract of employment in relation to this Contract

These provisions will survive the termination of this Contract.

Add 9.5 Confidentiality Any information, in whatever form, concerning the Contract whether

provided by the Employer obtained or compiled by the Contractor (including sub-contractors) or by any person employed in connection

with the Contract is confidential. All such information (inclusive of all databases of properties and or records), at all times, shall

.1 become and remain the property of the Employer and shall not be used or disclosed by the Contractor or any other persons except for

the purposes of the Contract, and

.2 be securely stored and safeguarded from misuse, and .3 be provided or returned, as the case may be, by the Contractor to

the Employer on demand.

The Contractor shall also permit unrestricted access to such information or provide a copy on demand, in whole or part, if and when required from time to time by the Contract Administrator.

Add 9.6 Copyright

Add 9.6.1 Copyright in the NHF Schedule of Rates Documentation is vested jointly in NHF Hammer South West and Rand Associates but the

Employer and the Contractor may obtain or make at their own expense any further copies required subject to such copies being for the express purpose of the provision of the Works to which this

Contract relates.

Add 9.6.2 Intellectual Property Rights

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The Intellectual Property Rights of all documents specifically created and appertaining to this Contract, is vested jointly with the Employer and their professional advisers.

Add 9.7 Licence

Add 9.7.1 The Employer:

Shall subject to the following provisions, during the Contract Period,

permit the Contractor to have access to and the non-exclusive right to occupy such parts of the Property as are required for the purposes authorised in below


Shall have such rights of access and egress over the Property as are

necessary for the purposes of fulfilling the Contractor’s obligations under the Contract, but subject always to the requirements of the Employer’s Requirements – Preliminaries in respect of occupied

premises.

.1 not purport to grant any interest in any part of the Property to any person nor shall the Contractor part with possession of any part of the Property to any person save that the rights granted above shall

include rights of access and egress for sub-contractors.

The rights granted shall subsist for the purpose of performing the Works and purposes ancillary and related thereto and for the purpose of complying with any other provision of the Contract, but for no

other purposes and shall be by way of licence for the activity only and shall not confer exclusive possession nor grant or be deemed to

grant any other legal right or interest in land.

Add 9.8 Standardisation of Materials and Supply Chain Partners It will be the intention of the Employer to pursue a policy of

standardisation and rationalisation of materials, goods, equipment and components utilised by all Contractors employed in the

construction, refurbishment and maintenance of their housing stock. The Contractor may be requested to provide their comments, views

and opinion on the practicality, availability and cost implications of certain materials, goods, equipment and components as part of a

standardisation and future rationalisation process. The Employer may wish to investigate in conjunction with other

social landlord’s a policy of ‘bulk purchasing arrangements’ on key components, where the Employer will undertake the purchasing on

behalf of the Contractor at the Employer’s direct expense.

In addition, the Employer might wish the Contractor to investigate and instigate a policy of ‘bulk purchasing arrangements’ on key components.

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The Contractor is advised that in the event that such arrangements

come to fruition, the Employer will enter into negotiations with the Contractor to establish the fair and reasonable cost of the Contractor undertaking the call off procedures, accepting delivery, arranging

storage, fixing of the bulk purchase key components including the supply of all ancillary materials, goods, equipment and other

components deemed necessary to complete the installation and undertake all ancillary works necessary, including but not limited to removal of existing components, all builders work and all necessary

making good, testing, commissioning etc.

The Employer and the Contractor would wish to develop relationships with specialist sub-contractor’s and component suppliers and all parties will be expected to have an active part in establishing such

relationships to achieve;

• The Employer’s requirements • The interests of the Contractor • The interests of the other Contractor partners

• The needs of the Employer’s stock portfolio • Best value

• The best available specialist contractors and component supplier warranties and guarantees Maximisation of specialist contractors and component supplier

innovation

Add 10 Silva Clause

The Contractor will provide the social value commitments as detailed in Annex D Silva Clause.

Add 11 Description of the works and scope of the contract .1 The Orders and any attached Specification including schedules,

drawings, method statements and the like issued to the Contractor will cover the works and by their very nature no guarantee can be given

with regard to the volume, trade requirement, value, duration, category or continuity of work to be undertaken.

.2 The descriptions given in the Schedule of Rates are notional and cannot be construed as being indicative of the work that may actually

be issued to the Contractor

Add 12 Issue of Orders by telephone .1 the Contract Administrator may issue an Order to the Contractor

to execute works at a specified address .2 Works may be ordered on the telephone by an Authorised Officer

and followed by a written confirmation of the Order which will be issued within five Business Days

.3 All Orders will be in writing an no payment shall be made in respect of and works undertaken without a written Order.

.4 The Contractor acknowledges that the orders may not have been

the subject of pre-inspection by the Contract Administrator and

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therefore an Order may give only an indicative notification of the

Work required. The Contractor shall carry out all required pre-inspection and/or identification of the Work required to complete the Order and the Contractor shall be deemed to have allowed for all

costs that this procedure shall entail within its tender.

Add 13 Data Protection

.1 The Parties shall ensure that they shall at all times during the period of this Contract comply with the provisions and obligations imposed by the Data Protection Act 1998 (the DPA) and shall

indemnify each other and keep each other indemnified against all actions, claims, demands, proceedings, damages, costs, charges and

expenses (including reasonable legal expenses) whatsoever in respect of any breach of this clause 13 by one party which causes the Employer to be in receipt of any actions, claims, demands,

proceedings and/or incur any damages, costs, charges and/or expenses (including reasonable legal expenses).

.2 Each of the parties shall ensure that, to the extent that it stores and processes data in connection with this agreement, it shall comply

with the provisions and obligations imposed on it by the DPA.

.3 The Employer will: 3.1 act in the capacity of Data Controller (as defined in the DPA) of

any Employer or third party data accessed and/or processed by the Contractor in the performance of the Works; and

3.2 be responsible to third parties for such data, including the individuals to whom the data relates.

.4 As Data Processor (as defined in the DPA) the Contractor shall at

all times in respect of data for which the Client is Data Controller:

.4.1 warrant and undertake to comply with the seventh principle in schedule 1 of the DPA Including but not limited to ensuring that it has in place appropriate technical and contractual measures to

ensure the security of the personal data (and to guard against unauthorised or unlawful processing of the personal data and against

accidental loss or destruction of, or damage to, the personal data); and

.4.2 process data only in connection with the Works and only in accordance with the lawful and reasonable instructions of the

Employer unless the Contractor is of the opinion that to act on such instructions would be unlawful.

.5 The Contractor shall also comply fully with all applicable guidelines and codes of practice issued by the Information Commissioner in the

UK from time to time. .6 The Employer shall on giving reasonable notice to the Contractor

be entitled to audit the procedures of the Contractor (which shall include the right to enter the Contractor's premises and/or view the

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Contractor's systems) for the purposes of ensuring compliance with

this clause 2.48 and to take any reasonable steps to satisfy itself that the Contractor is so complying.

.7 The Contractor will at the Employer's request from time to time prepare a report as to the Contractor's technical and organisational

procedures in place to protect third party personal data. .8 In the event that the Contractor becomes aware that it, or any of

its staff, agents or Specialists is processing data in contravention of this clause 13 or has breached the DPA in relation to the data it is

processing on behalf of the Employer, the Contractor shall promptly give written notice to the Employer with full details of such contravention.

.9 The Contractor will provide all data in its possession as requested

by the Employer from time to time in accordance with the timescale specified by the Employer in the event of the Employer receiving a data subject access request. Where the Employer requests data for

the purpose of complying with a request, including a data subject access request under the DPA, the Contractor will retrieve the

relevant data and provide a full copy of such to the Employer as soon as is possible but in any event within five (5) Business Days of such a request being made.

.10 The Contractor will co-operate and provide reasonable assistance

with any proceedings or inquiry by the Employer, an affected data subject and/or the Information Commissioner or other body

authorised by statute which are concerned with the DPA. .11 The Contractor will on termination or expiry of this Contract and

at the request of the Employer either return to the Employer or destroy the data (and all copies of such data) in the Contractor's

possession or other as directed by the Employer.

Add 14 Confidentiality

.1 The Parties:

.1.1shall treat all information belonging to the other Party as confidential and safeguard it accordingly; and

.1.2 shall not disclose any confidential information belonging another Party to any other person without the prior written consent of the

other Party, except to such persons and to such extent as may be necessary for the performance of the Contract or except where

disclosure is otherwise expressly permitted by the provisions of the Contract.

.2 The Contractor shall take all necessary precautions to ensure that all confidential information obtained from the Employer under or in

connection with the Contract: .2.1 is given only to such of the staff and professional advisors or

consultants engaged to advise it in connection with the Contract as is strictly necessary for the performance of the Contract and only to the

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extent necessary for the performance of the Contract;

.2.2 is treated as confidential and not disclosed (without prior Approval) or used by any Staff or such professional advisors or

consultants otherwise than for the purposes of the Contract.

.3 Where it is considered necessary in the opinion of the Employer, the Contractor shall ensure that his staff or such professional advisors or consultants sign a confidentiality undertaking before

commencing work in connection with the Contract. The Contractor shall ensure that his staff or its professional advisors or consultants

are aware of the Contractor’s confidentiality obligations under the Contract.

.4 The Contractor shall not use any confidential information it receives from the Employer otherwise than for the purposes of the

Contract. .5 The provisions of this clause shall not apply to any confidential

information received by one Party from the other:

.5.1 which is or becomes public knowledge (otherwise than by breach of this clause);

.5.2 which was in the possession of the receiving Party, without restriction as to its disclosure, before receiving it from the disclosing

Party;

.5.3 which is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

.5.4is independently developed without access to the confidential information; or

.5.5which must be disclosed pursuant to a statutory, legal or parliamentary obligation placed upon the Party making the

disclosure, including any requirements for disclosure under the FOIA or the Environmental Information Regulations 2004.

.6 Nothing in this clause shall prevent the Employer:

.6.1 disclosing any confidential information for the purpose of the examination and certification of the Employer’s accounts; or

.6.2 disclosing any confidential information obtained from the Contractor:

.6.2 (a) to any government department or any other contracting

authority. All government departments or contracting authorities receiving such confidential information shall be entitled to further disclose the confidential information to other government

departments or other contracting authorities on the basis that the information is confidential and is not to be disclosed to a third party

which is not part of any government department or any contracting authority; or

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6.2(b) to any person engaged in providing any services to the Employer for any purpose relating to or ancillary to the Contract;

provided that in disclosing information under clause 14.6.2 the Employer discloses only the information which is necessary for the

purpose concerned and requires that the information is treated in confidence and that a confidentiality undertaking is given where appropriate.

6.3 Nothing in this clause shall prevent either Party from using any

techniques, ideas or know-how gained during the performance of the Contract in the course of its normal business, to the extent that this does not result in a disclosure of confidential information or an

infringement of Intellectual Property Rights.

6.4 In order to ensure that no unauthorised person gains access to any Confidential Information or any data obtained in the performance of the Contract, the Contractor undertakes to maintain

security systems approved by the Employer. Where necessary to prevent such access, the Employer may require the Contractor to

alter any security systems at any time during the Contract Period at the Contractor’s expense.

6.5 The Contractor will immediately notify the Employer of any breach of security in relation to confidential information and all data

obtained in the performance of the Contract and will keep a record of such breaches. The Contractor will use its best endeavours to recover

such confidential information or data however it may be recorded. This obligation is in addition to the Contractor’s obligations under the Contract. The Contractor will co-operate with the Employer in any

investigation that the Employer considers necessary to undertake as a result of any breach of security in relation to confidential

information or data.

Add 15 Freedom of Information Act 2000

.1 Should the Employer become subject to the requirements of the Freedom of Information Act 2000 and any re-enactments,

amendments and relevant regulations ("the FOIA") and the Environmental Information Regulations 2004 any re-enactments and

amendments ("the Environmental Information Regulations"): .1.1 the Contractor shall assist and cooperate with the Employer (at

the Contractor’s expense) to enable the Employer to comply with these Information disclosure requirements.

.1.2 The Contractor shall and shall procure that its sub-contractors shall:

.1.2.1Transfer the Request for Information to the Employer as soon

as practicable after receipt and in any event within two Business Days of receiving a Request for Information;

.1.2.2 Provide the Employer with a copy of all Information in its possession or power or control in the form that the Employer

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requires within five Business Days (or such other period as the

Employer may specify) of the Employer requesting that Information; and

.1.2.3 Provide all necessary assistance as reasonably requested by the Employer to enable the Employer to respond to a Request for

Information within the time for compliance set out in section 10 of the FOIA or regulation 5 of the Environmental Information Regulations.

and the Contractor shall be liable for and hereby indemnifies the

Employer from and against all claims, proceedings, damages, liabilities, losses, costs and expenses suffered or incurred by the Employer where and to the extent that the same arise in connection

with any breach of this clause 15.1.2.2 by the Contractor, its employees, agents and/or sub-consultant/sub-constructors and/or

their employees and agents. .1.3 The Employer shall be responsible for determining at its absolute

discretion whether the Commercially Sensitive Information and/or any other Information:

.1.3.1 Is exempt from disclosure in accordance with the provisions of the FOIA or the Environmental Information Regulations;

.1.3.2 Is to be disclosed in response to a Request for Information,

and in no event shall the Contractor respond directly to a Request for Information unless expressly authorised to do so by the Employer.

.1.4 The Contractor:

.1.4.1 acknowledges that the Employer may, acting in accordance with the Secretary of State for Constitutional Affairs’ Code of Practice

on the discharge of public authorities’ functions under Part 1 of FOIA (issued under section 45 of the FOIA, November 2004), be obliged under the FOIA or the Environmental Information Regulations to

disclose Information:

.1.4.1.1 Without consulting with the Contractor, or .1.4.2.1 Following consultation with the Contractor and having

taken its views into account.

.1.4.3 shall ensure that all Information produced in the course of the Contract or relating to the Contract is retained for disclosure and shall permit the Employer to inspect such records as requested from

time to time.

.1.4.4 acknowledges that any lists or Schedules provided by it outlining confidential information are of indicative value only and that the Employer may nevertheless be obliged to disclose confidential

information.

.1.5 In no event shall the Contractor respond directly to any requests for information from members of the public.

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EMPLOYER’S REQUIREMENTS

EMPLOYERS REQUIREMENTS – CONTRACT DETAILS

NOTIFICATION OF COMPLETIONS - Preliminaries Clause 4.1

Works By 10.30am on the next Monday following completion of the Works

Prior notification notice of completion of Orders where a pre completion of joint

post completion inspection is required

24 hours

COMPLETIONS - Preliminaries Clause 4.1

Response Repair Period Not Required

INSPECTION – Preliminaries Clause 4.4

PERCENTAGE OF POST INSPECTIONS REQUIRED

All Works Not Required

WEEKLY REPORTING – Preliminaries Clauses 4.5 and 4.6

EMPLOYERS REQUIREMENTS

Weekly Report required Yes

HOURS OF WORKING - GENERAL NEEDS DWELLINGS - Preliminaries Clause 5.1

The Contractor is permitted to undertake Works to General Needs

Dwellings within the hours indicated below;

All Works Monday to Friday 8.00 AM to 5.30 PM

Non-intrusive works only to be carried out after: 5.00 PM

HOURS OF WORKING –- SHELTERED ACCOMMODATION - Preliminaries

Clause 5.2

The Contractor is permitted to undertake Works to Sheltered Accommodation within the hours indicated below;


Access arrangements to be only made via

Warden/Court/Scheme Manager for appointments between the hours of:

9.00 AM to 5.00 PM


HOURS OF WORKING – SUPPORTED HOUSING/HOSTELS - Preliminaries Clause 5.3

The Contractor is permitted to undertake Works to Supported

Housing/Hostels within the hours indicated below;


Access arrangements to be only made via Key Worker or Managing Agent for appointments between the hours of:

9.00 AM to 5.00 PM


IDENTIFICATION - Preliminaries Clause 7.2

Contractor to provide photo ID Yes

Special format Yes

Employer’s details to be shown Yes

ADDITIONAL DEFINITIONS AND INTERPRETATIONS

The Contractor’s attention is specifically drawn to the following words and expressions used in the Contract Documents and which shall, except where the context otherwise

requires have the meanings hereby ascribed to them:-

"Authorised Officer" means any Officer appointed in accordance with the provisions of this Contract.

“Default Notice” means the notice issued by the Employer registering formally the failure of the Contractor to perform the Works in accordance with the Contract and

setting out the procedure and timescale for remedying any failure.

"Expiry Date" means the date when the Contract Period ends or earlier by reason of these Conditions which specifies termination of the Contract.

“Occupied Property” means any Employer’s Property included under the Contract and which at the time of execution of the Works, is legally inhabited by the Employer’s rent

paying tenants, lessees, residents and/or others. “Party” shall means either the Employer or the Contractor.

“Principal Contractor” means the Contractor or any successor duly appointed by the

Employer as the Principal Contractor pursuant to the CDM Regulations and the SWMP Regulations.

“Property” means any or all of the dwellings, sheltered schemes, hostels, and like properties together with related common and communal areas, environs and related

assets forming the property portfolio owned or managed by the Employer and for which the Employer undertakes the maintenance and repairing obligations as part of his management function on the behalf of his tenants, leaseholders, residents and others,

as well as his own responsibilities as Landlord.

“Public Holiday” shall mean Christmas Day, Good Friday or a day which under the Banking and Financial Dealings Act 1971 is a bank holiday.

“Self Authorised Variations” means the extra/varied work directly related to the repairs ordered and which Works would normally be reimbursed by the rates in the Schedule

of Rates that can be proceeded with provided this will not result in the value of the original Order being increased by more than the value indicated in the Contract Details.

“SWMP Regulations” means the Site Waste Management Plans Regulations 2008.

“Work or Works” means the works and the supply of labour and/or materials and/or plant as ordered from time to time under the provisions of the Contract to the Employer.

EMPLOYER’S REQUIREMENTS - PRELIMINARIES

CONTENTS

SUBJECTS

1.0 UNDERTAKING OF WORKS

2.0 WORKS ORDERS 3.0 NOT USED

4.0 CONTRACTOR’S OBLIGATIONS

5.0 HOURS OF WORK/OUT OF HOURS WORKING

6.0 WORKING IN AND ADJACENT TO OCCUPIED AND UNOCCUPIED PREMISES

7.0 STAFFING 8.0 NOT USED

9.0 WORKMANSHIP AND MATERIALS

10.0 STATUTORY OBLIGATIONS, HEALTH AND SAFETY ETC

11.0 ADMINISTRATION OF THE WORKS

12.0 CONDUCT 13.0

1. UNDERTAKING OF WORKS

1.1 The Contractor:

In certain circumstances may be required to execute work using

materials to be collected free issue, as directed by the Contract

Administrator. Where such Work is so ordered the Contractor shall allow a credit in respect of the value of materials not supplied by the

Contractor.

Is advised that certain work of a specialist nature is likely, but not guaranteed, to be the subject of separate orders outside the scope of the Contract.

In certain circumstances the Contract Administrator may require the

Contractor to undertake certain Works outside the Contract Area. When such Work is so ordered the Contractor shall carry out and complete the Works in accordance with the Contract.

Should not consider that he has sole agency rights to all asbestos

related removal, repair, maintenance and/or improvement work undertaken by the Employer and that the Employer may, at its sole discretion, issue instructions to other contractors to carry out work in

or on properties the responsibility of the Employer.

1.2 The Employer and the Contract Administrator: Shall have the right at any time and in respect of any Works ordered

to ‘shadow’ the Contractor. This will entail a surprise visit to accompany the Contractor and operatives to site, or meet them on

site, to carry out an observation whilst Works are undertaken

2. WORKS ORDERS

2.1 Issue of Orders

The Employer:

will issue an official works order to the contractor to execute the works

at a specified address.

Works may be ordered via telephone by an authorised officer, and

followed by a confirmation works order, which will be issued within 5 working days.

All works orders will be in writing sent by Email, post or fax, no payment will be made in respect to any works undertaken without a

written works order.

2.2 Continuity of Works

The Contractor:

should note that due to variations in the amount of Work available at any

one time it is not possible to guarantee continuity of Work. It is to be noted that works requests will be issued monthly and also on a random day to

day basis dependent upon the requirement for the works.

2.3 Communications

The Contractor shall; execute all Works ordered under this Contract promptly and within agreed

timescales in order to prevent damage, deterioration or injury occurring either to persons or property, or postpone planned works, or exceed the

Employers compliance requirements in order to facilitate the rapid execution of urgent works, place himself in

direct telephonic or similar communication (not answerphone) with the Contract Administrator and such facility for communications must be

maintained in a functioning state both during, and out side of, normal working hours (i.e. emergency out-of-hours works requests).

ensure that the supervisor in charge can be contacted by means of mobile phone or other form of communication approved by the Contract

Administrator at all times and that the Contractor can contact their operatives as required, including outside of normal working hours.

shall ensure that his communication facility shall be located within or adjacent to the area of the Employer for the duration of the Contract. The

costs of complying with this requirement are deemed to be included in Contractor’s tender.

3. CONTRACTOR’S OBLIGATIONS

3.1 Completion of the Works

The Contractor: Should be willing to contact residents and residential staff by post, email,

mobile phone, fax and telephone for the purposes of making appointments.

Is required to notify the Employer in writing by fax or e-mail (or by direct

computer link if this is in operation) of the completion of the Works ordered

within the period stated in the Contract Details, giving the date that the Works ordered were actually completed. Failure to undertake this

requirement could prevent additional Works being issued to the Contractor.

Shall leave the Work complete and in a clean sound and perfect condition,

and during the execution of the works and at completion shall clear away

all rubbish and make good at their own expense to the satisfaction of the Contract Administrator, any damage which may have been caused to any

property of the Employer by their employees.

Is to inform the Contract Administrator immediately upon completion of

works, of any additional remedial works arising from the undertaking of the agreed asbestos removal works.

Is not to remove any item except the rubbish and materials etc,

accumulated or supplied as part of the carrying out the works and to

indemnify the Employer for any other items removed from the premises except with express consent given by the Employer.

May be required to notify the Contract Administrator by email or fax

prior to the completion of some Orders to enable the Contract

Administrator to arrange with the contractor to hold a joint inspection. Failure to undertake this requirement could prevent additional Orders

being issued to the Contractor. The period of prior notification is as stated in the Contract Details.

Must acquaint and satisfy himself with all conditions likely to affect the execution of any of the Orders issued, including the types, construction

and location of the dwellings and buildings, as no claim by the Contractor for additional payment shall be allowed on the grounds of any misunderstanding, or ignorance due to lack of knowledge of local

conditions, regulations or requirements on which the Orders are to be executed.

Shall at all times employ sufficient labour and supply materials and

suitable and sufficient plant and equipment to ensure that all Orders

placed with him are started and completed within the agreed timescale (which commences from the time of the issue of the Order) as stated in

the Contract Details to the entire satisfaction of the Contract Administrator.

Shall, when variations have been given by telephone, immediately upon receipt, apply for and obtain confirmation in writing from the Contract

Administrator.

Shall, if within two working days of the receipt of an Order they consider that the volume or nature of the Works will require an extension to the agreed turnaround period are to notify the Contract Administrator

immediately giving full details and justification for the extension, the Contract Administrator shall adjudicate on whether an extension should

be granted and such adjudication shall be final. It should be noted that any such extension will only be considered in extreme cases.

Shall make no charge if an Order is withdrawn before work has commenced, or a property is found not to be in the ownership of the

Employer.

The Employer

reserves the right to withdraw any Order at any time.

3.2 Co-ordination with Gas Maintenance & Electrical Testing

Any Landlords Gas Safety (CP4, CP6 or CP12) or NICEIC/ECA testing and certification to be undertaken shall not be postponed by the contractor duties

unless emergency/responsive sampling/air tests are to be undertaken by the

contractor.

The Contractor: will be responsible for co-ordinating access and other arrangements

where any Landlords Gas Safety (CP4, CP6 or CP12) or NICEIC/ECA testing and certification to be undertaken.

3.3 Not Used

3.4 Contractor’s Post Inspections

The Contractor:

will be required to undertake regularly throughout the duration of the

Contract the level of quality control check post inspections indicated in Contract Details and shall provide to the Contract Administrator the

results of the post inspections.

will agree with the Contract Administrator the basis of the quality control

check post inspections to be carried out by the Contractor and the format of providing the results following award of Contract.

shall, in the case of Project Works, undertake post inspections jointly

with the Contract Administrator when requested.

shall provide the Contract Administrator with minimum 48 hours notice

of a request to undertake any post inspection.

shall maintain a record of all such quality control checks and produce

evidence on demand that this provision has been complied with. Failure to do so may lead the Employer to carry out the relevant checks, the

cost of which will be recoverable from the Contractor.

is to provide the Contract Administrator, at the end of each week with a list of those dwellings upon which the Contractor has undertaken his own quality control post inspection checks together with a copy of

quality control records completed during these checks.

3.5 Not used 3.6 Weekly Reports

The Contractor:

shall provide to the Contract Administrator with a weekly report detailing

all Orders, post inspections and recalls attended to during the previous

week.

The report is to be issued on Mondays or immediately after Bank or Public Holidays where such days fall on a Monday, and shall include all Works attended to during the previous week up to Midnight on the day

immediately preceding the issue of the report.

The weekly report shall be transmitted e-mail or via the direct computer link if operational, to be received by the Contract Administrator no later

than 10.30am.

Weekly reports shall provide full details and status of each Order, post-

inspection and recall attended as follows:

.1 Orders - order number, date, address, target date for completion, brief description of Works undertaken, completion status, variations and reasons, anticipated delays and reasons, appointments made and

kept, missed appointments, access problems, abortive calls and details of any further action or investigation required.

.2 Post inspections - original order number, date, address, result of

checks undertaken.

.3 Recall requests – order number and date, address, date of visit, brief

description of defect or incompleteness found, action or Works undertaken, completion status, anticipated delays and reasons, appointments made and kept, missed appointments, access problems,

abortive calls and details of any further action or investigation required

The Contract Administrator and the Contractor:

will finalise and agree the format/content of weekly reports following

award of Contract.

3.7 Vehicles Place at Work

Since September 2003, cars and commercial vehicles are now considered as

a place of work. This has a number of implications for the Employer.

To avoid any form of liability, the Employer must ensure that any vehicle used in the course of its business is roadworthy (with a valid MOT certificate, if

appropriate), fit for purpose, taxed and appropriately insured and that the Contractor and its employees have the appropriate driving licences.

The police, in conjunction with the Health and Safety Executive (the HSE), are now frequently treating road traffic accidents in the same manner as the

HSE treat an accident in the workplace. This means there is a far more detailed investigation into the cause of an accident with, where appropriate, a report to the HSE, if the driver(s) are driving in the course of work on behalf

of their employer.

Responsibility is therefore placed on the Contractor and its employees to ensure compliance with the matters set out in the Vehicles Place at Work Guidelines.

4. HOURS OF WORK/OUT OF HOURS WORKING

4.1 Hours of Work (Working Days) – General Needs Dwellings

The Contractor:

may generally carry out Work between the hours stated in the Contract

Details. work before or after these times may only be carried out with the prior

approval of the Contract Administrator, and the resident in respect of occupied properties. Any works undertaken after the time stated in the

Contract Details are to be on a non-intrusive nature. is to note that the Employer will not be liable for extra payments of

monies in the event of overtime worked.

should be sensitive to religious and cultural events celebrated in a diverse community and should respect the wishes of residents nor carry out work on these days, except in Emergency situations threatening the

structural stability of the dwelling and the health and safety of the residents.

4.2 Hours of Work (Working Days) – Sheltered Accommodation

The Contractor:

is to note that Works to sheltered accommodation may be the subject of special timing and methods of working to comply with the occupier’s requirements, and will normally only be undertaken between the working

hours stated in the Contract Details. Access arrangements will have to be made via the scheme manager responsible for the Sheltered

Accommodation for works to be undertaken between the hours stated in the Contract Details and by appointment with the Tenant with a copy sent to the scheme manager after that time Mondays to Fridays. The

Contractor shall make all necessary allowances within his tender for any extra costs that compliance with this obligation may incur.

4.3 Hours of Work (Working Days) – Supported Housing/Hostels

The Contractor:

is to note that Works to supported housing/hostels may be the subject of special timing and methods of working to comply with the occupier’s

requirements, and will normally only be undertaken between the working hours stated in the Contract Details. Access arrangements will have to be made via the key worker or managing agent responsible for the

supported accommodation for works to be undertaken. The Contractor shall make all necessary allowances within his tender for any extra costs

that compliance with this obligation may incur. 4.4 Emergency Out of Hours Procedure

The Contractor is to comply fully with the following protocol:

Tenant calls Selwood to advise issue at property and are redirected to

Tunstall out-of-hours service

Tunstall contact the Silcoa on-call operative to provide details of tenants situation (e.g. ceiling collapse due to leak from above, etc.)

Silcoa on-call operative escalates to Silcoa on-call supervisor with concerns re: potential asbestos exposure

Silcoa on-call supervisor consults most recent asbestos survey (QL) and the up-to-date asbestos register (PMMS - to determine whether asbestos removal has taken place since the survey was undertaken)

Silcoa on-call supervisor confirms asbestos is present within the affected area and contacts the appointed Asbestos Removal Contractor

The Asbestos Removal Contractor will contact the tenant immediately and attend site to make safe/initiate asbestos removal works within 4 hours

Silcoa on-call supervisor determines whether occupants require rehousing, and invokes the out-of-hours escalation process where

required The Asbestos Removal Contractor will undertake all works as required

to make the property safe

The Asbestos Removal Contractor will contact the Silcoa Asbestos Supervisor at 09:00 the following day to advise what works were

undertaken, and discuss any follow-on works required Silcoa Asbestos Supervisor advises Selwood Asbestos property

Surveyor of completed/proposed works

4.5 List of Authorised Officers

The Employer:

will issue a list of Authorised Officers to the Contractor before Commencement Date of the Contract. This list will be updated throughout

the Contract Period to take account of changes in Authorised Officers of the Employer.

The Contractor:

if he receives instructions/directions from persons not identified on the list of Authorised Officers should refer the matter to the Contract

Administrator for directions before commencing any Works.

5. Working in and adjacent to occupied and unoccupied premises

5.1 Occupied Premises

The Contractor:

shall give reasonable notice to the occupier and if appropriate adjacent occupiers of their intention to commence Work out in or adjacent to

occupied premises , and the Work is to be carried out in a manner that will cause the minimum inconvenience and nuisance from obstruction,

dust, noise etc.

shall take all necessary precautions to ensure the safety and minimise

the inconvenience of the occupier. Deliveries of materials must be arranged so as not interfere with the occupier or adjacent occupiers.

shall ensure that inconveniences and disturbances are to be discussed

fully in advance with the occupier and any other persons who are likely

to be affected and all necessary precautions are to be agreed with them in advance.

shall ensure that no Work starts or continues in any building until all

practicable steps have been taken to prevent danger to persons

employed or living in the building at the time, from any live electric cable or apparatus, plumbing works, exposed asbestos or any other hazard

which is liable to be a source of danger and the Contractor shall take all necessary safety measures accordingly.

is to make their own arrangements in unoccupied buildings for temporary electrical supply in accordance with the Health and Safety at Work Act

1974, the Management of Health and Safety at Work Regulations 1992 etc., and subsequent amendments or re-enactments.

should be aware that properties may be occupied by elderly, frail or ill residents and should therefore take due care and consideration in the

execution of the Works and the Contractor’s tender is deemed to allow for any extra costs this may occur.

is to ensure that at the end of every working day, the residents and/or occupants of the properties being repaired have facilities available to

them by way of light, heat, power, drinking water and sanitation services, together with washing and cooking facilities and the premises left secure.

if in exceptions considers that because of the nature of the work and the nature of the resident’s needs, the resident cannot remain in occupation

during the Works, this must be agreed with the Contract Administrator before works commence or as soon as possible thereafter.

shall be aware that Orders maybe raised for the cleaning and clearing of

the Employer’s property which may contain hazards

Hereby warrants that he is qualified to and will undertake such Works

that may be ordered by the Contract Administrator, either directly or via an approved sub-contractor.

5.2 Protect and Remove Furniture

The Contractor:

shall carefully move all furniture, fittings, apparatus, carpets, personal possessions and the like as necessary to enable the execution of the Work to be carried out. This is to be discussed and agreed with the residents

or the warden/scheme/court manager responsible for sheltered accommodation or the key worker or managing agent in respect of

supported housing in advance of undertaking the Works. shall properly cover such furniture, fittings, apparatus, carpets and the

like with spot cloths and protect them from dirt and splashes and at completion of the Works, replace and refit all such furniture, fittings,

apparatus, carpets or the like in their original positions, to the residents’ satisfaction.

shall specifically be aware that under no circumstances are the gas appliances or gas pipework to be interfered with by operatives not

registered with Gas Safe. Any damage caused to gas appliances by the Contractor during the execution of the Works must be reported to the

Contract Administrator immediately and will be charged to the Contractor accordingly.

shall specifically be aware that under no circumstances are electrical appliances or wiring to be interfered with by operatives not qualified to

do so shall agree the extent of the removal of carpets, furniture, etc with the

resident, and the conditions of such carpets, furniture etc., before commencing the Works. Failure to agree the extent of removal and

condition is to be reported to the Contract Administrator

shall endeavour to settle any claims for damage to any residents’ property

directly with the resident(s).

is to note that the minimisation and speedy resolution of complaints raised by residents and/or leaseholders will be a key performance indicator against which the Contractor will be measured.

5.3 Protection of Persons and Property

The Contractor:

will take every precaution whilst carrying out the works to ensure the safety of the general public, the Employer’s staff and other persons likely

to be affected by their operations, and in particular comply with the requirements of the following:

Office, Shops and Railway Act 1963, Factories Act 1961,

Construction Regulation 1961, 1966 and 1996, Health and Safety at Work Act 1974,

the Management of Health and Safety at Work Regulations 1992 etc.,

and any subsequent amendments and re-enactments and all other

relevant legislation.

5.4 Security of Unoccupied Premises

The Contractor:

will be responsible for securing upon the completion of the Works or

whilst the premises are unattended or at the end of each working day the doors and windows of unoccupied or unattended premises including the reinstatement of temporary door and window coverings as necessary.

The cost of undertaking this work is deemed to be included in the Contractor’s tender.

5.5 Prevention of Trespass

The Contractor:

shall ensure that no workman, scaffold or the like trespass upon

properties adjoining those in respect of which an instruction to undertake Works has been given. If the execution of Work requires that workmen

must enter upon adjoining property, the necessary permission must be first obtained from the owner/leaseholder or resident by the Contractor who is to ensure that these instructions are carried out.

if unable to obtain such permission is to inform the Contract Administrator

who will endeavour to arrange access to the adjoining property.

shall indemnify the Employer against any claim or action for damages on

account of any trespass or other misconduct of their employees. Workmen will be allowed only into such parts of the site and buildings of

the Employer’s stock as may be necessary to execute the works from time to time ordered hereunder.

shall at times be mindful of the requirements of the Party Wall etc. Act 1996 and the various obligations it imposes on the Employer towards

owners of adjoining property when Works are to be undertaken on/over or adjacent to roofs, chimneys, walls, fences and similar party boundary situations, with regard to giving of Notices and preparation of Party Wall

Awards, all as defined by the Act.

If on initial inspection of any Works for which an instruction to undertake Works has been issued, they are of reasonable opinion that such Works come under the provisions of the aforementioned Act then the Contractor

shall not proceed with the Works and shall immediately notify the Contract Administrator accordingly in writing.

The Contract Administrator:

shall within a reasonable time issue an instruction to the Contractor to either, proceed with the Works as originally ordered or temporarily cancel

the Works without charge until such time as the Employer has arranged for the issue of requisite Notice to adjoining owners and preparation of a

Party Wall Award. If instructed to proceed as originally ordered, the Contractor shall still be obliged to complete the Works within the Response Repair Period for the Order.

5.6 Protection of Existing and Adjoining Building etc.

The Contractor:

shall suffer nothing to be done that is liable to injure the stability of existing buildings or any portion, boundary walls, fences or railings.

will be held responsible for all damage arising through carelessness or

inadvertence in this respect.

make every effort to avoid damage to gardens and trees and the Work is

to be carried out so as to cause the minimum of interference to the persons occupying or using the existing or adjacent or adjoining premises.

5.7 Liaison with Other Contractors

The Contractor:

is to note that other repair works may be carried out concurrently with the Contract and the Contractor is to allow for working in conjunction with and liaising with the Employer and any other Contractor.

is deemed to have included in the Schedule of Rates and Schedule of

Hourly Charges for any costs incurred in complying with this requirement.

6. STAFFING

6.1 Not used

6.2 Identification

The Contractor:

will ensure that all personnel employed upon the Works including sub-contractors carry a form of identification card approved by the Employer which will contain the following details:-

.1 Photograph of Operative

.2 Operative’s name .3 Contractor’s name, logo, address and telephone number .4 Employer’s logo

.5 Expiry date of card (which shall not be beyond the expiry date of the Contract)

.6 Unique reference number will be required to submit before the commencement of the Contract a

list of their personnel to be used on the Contract together with their personal details and this list is to be updated when changes in staff arise.

will be required to ensure that all identification cards so issued are

returned to the Employer on the expiration of the Contract or on the

occasion of an operative leaving their employment.

is to note that all the operatives employed by the Contractor or sub-contractor’s shall at all times wear clean workwear, clearly and permanently bearing the Contractor’s logo and name on them. The

workwear shall be to the approval of the Contract Administrator

is to note that persistent failure on the part of operatives and/or staff of the Contractor and/or any sub-contractor to carry and show identification

cards whilst engaged on the Works shall entitle the Employer to terminate the Contractor’s employment is a default under the terms of Clause 8.4.1 of the Contract.

6.3 Identification ‘Do Not Visit Alone’ Policy

The Contractor shall note that a ‘Do Not Visit Alone’ policy is operated by the Employer for certain premises, where it is known to the Employer to apply.

In such situations, the Contractor will be given advance notice by the Employer that his operatives should not attend those premises alone, but it

is advisable that they be accompanied. 6.4 Disclosure Barring Service checks

The Contractor shall procure that in respect of all potential Staff or persons

attending a Selwood Property (each a “Named Employee”) that before a Named Employee begins to attend any Property to perform any of the Works.

(a) Each Named Employee is questioned as to whether he or she has any

convictions; and

(b) The results are obtained of a check of the most extensive available kind

made with the Disclosure Barring Service (DBS) in accordance with Part V of the Police Act 1997 in respect of each Named Employee. The check

for each Named Employee shall include:

(c) A search of the list held pursuant to the Protection of Children Act 1999

where the performance of the Works may involve contact with children; and/or

(i) A search of the list held pursuant to Part VII of the Care Standards Act 2000 where the performance of the Services may

involve contact with vulnerable adults (as defined in the Care Standards Act).

(ii) A copy of the results of such check are notified to the Employer.

The Contractor:

shall procure that no person who discloses any convictions, or who is

found to have any convictions following the results of a DBS check, is employed or engaged by the Contractor or on the Contractor’s behalf without the Employer’s prior written consent (such consent not to be

unreasonably withheld or delayed).

shall procure that the Employer is kept advised at all times of any member of staff who, subsequent to his/her commencement of employment as a member of staff, receives a conviction or whose

previous convictions become known to the Contractor (or any employee of a sub-contractor involved in the provision of the Services).

7. WORKMANSHIP AND MATERIALS

The Employer requires the Contractor to consistently maintain a high quality and standard of workmanship throughout the duration of the Contract. Any

Works undertaken where the standards of workmanship or materials are not to standards acceptable to the Contract Administrator will be directed to be

rectified under the terms of the Contract. Any such direction issued by the Contract Administrator under the terms of the Contract is to be completed within 5 working days. Failure to remedy such unacceptable standards of

workmanship or quality of materials will in accordance with the terms of the Contract result in the Employer having such works completed and/or made

good by another Contractor. The Employer will then be entitled to offset, from any monies due to the Contractor under this or any other contract or recover the same as a debt, the full amount of any costs incurred by the Employer in

the undertaking of the remedial action including the Employer’s administrative costs.

8. STATUTORY OBLIGATIONS

8.1 The Contractor:

shall comply with, and give all notices required by any Act of Parliament, any instrument rule or order made under any Act of Parliament, and in

particular with the requirements of the Factories Acts, Health and Safety at Work Act 1974, the Management of Health and Safety at Work Regulations 1992 etc., subsequent amendments or re-enactments and

with the regulations made thereunder, in relation to all Work to be executed under the Contract.

9. ADMINISTRATION OF THE WORKS

9.1 Location of Existing Services

The Contractor:

shall be responsible for locating and protecting all services (drainage,

gas, water, electricity, telephone, TV aerials, Satellite Dishes etc.,) above

and below ground, or within the structure of the property during the course of the Works.

9.2 Existing Services to be Maintained

Any existing drainage system, gas, telephone, TV aerial, satellite dishes, electric and water services to the premises and any adjoining premises shall

be fully maintained during the progress of the Works and the Contractor shall take all necessary steps to prevent any interruption.

No diversion of any of the existing services, etc., other than as required for the Works shall be carried out without the written agreement of the

Contract Administrator. Any temporary disconnection of the services, etc., which may be necessary in connection with the Works shall be done at such times as may be directed by the Contract Administrator. The Contractor

shall be responsible for maintaining close liaison with the Employer and the public utility authorities so as to avoid any disruption of existing services.

Any costs that may arise due to damage/disruption of public utility services and/or equipment are to be at the Contractor’s expense.

Where it is necessary to relocate any service on a permanent basis, the residents affected shall be contacted and their views about where the

service is to be located shall be sought by the Contract Administrator. The Contract Administrator’s decision will be final.

9.3 Lighting and Power

The Contractor:

shall provide all artificial lighting and power for use on the Works,

pay for all temporary connections, leads, fittings, etc., and clear away and make good on completion.

in the event of taking a supply of electricity in occupied premises, they are to arrange with the resident for permission to use this supply and

pay all charges for consumption of electricity direct to the resident.

in the event of taking a supply of electricity from public or communal

areas, they are to arrange with the Contract Administrator for permission to use this supply and make good on completion.

All temporary electrical work shall comply with the current Regulations, British Standard 7671 (with particular reference to the sections dealing with

temporary electrical installations and installations on construction sites) the relevant Codes of Practice and the requirements of the appropriate

electricity supplier 9.4 Water for the Works

The Contractor:

shall be responsible for providing clean, fresh water for use on the Works

at their own expense.

provide all temporary runs, storage cisterns, plumbing connections and

the like and pay all charges.

in the event of taking a supply of water from occupied premises, they are to arrange with the resident for permission to use this supply and pay all charges for consumption of water direct to the resident if required.

in the event of taking a supply of water from public or communal areas,

they are to arrange with the Contract Administrator for permission to use this supply and make good on completion.

11.5 Not Used

11.6 Contractors Personnel

The Employer is intent on providing a customer centred speedy, safe and

efficient maintenance and repair service to the occupants of its premises and consequently the Contractor shall do their utmost to promote and enhance the

image and reputation of the Employer in this respect.

The Contractor:

Will only appoint a labour force that has received formal training as

required to undertake Asbestos Removal Works as required and has

experience of undertaking works of a similar nature to that contained in this Contract.

Is to note that the playing of radios, CD players, portable headsets and

the like is not permitted on the sites. This is to apply to all their employees

and sub-contractor’s.

shall require their employees and employees of any sub-contractor’s engaged upon the Works to be properly and presentably dressed in appropriate uniforms or workwear, and be suitably equipped with all

necessary PPE.

shall ensure that a rigid non-smoking regime is maintained by all Contractor’s personnel whilst employed upon the Works, including whilst in the Employer’s offices and other properties of the Employer.

shall ensure that their employees and employees of any sub-contractor

shall perform their duties in an orderly and quiet manner as may be reasonable and practicable having regard to the nature of the duties being performed by them.

The need to maintain the highest standards of hygiene and courtesy

whilst employees and any sub-contractor’s employees are engaged upon the Works is paramount and in particular consideration must be given to users and occupiers when working in or near occupied premises.

shall observe all of these provisions and also ensure that the said

employees do not cause a nuisance and or disturbance to users and occupiers when they are working in or near occupied premises.

where any operative or trainee does not have English as their first language The Contractor is required to support their learning English to

promote good communications with the residents and effective health and safety practices. This requirement is to be made of sub-contractor’s

engaged by the Contractor in relation to the sub-contractor’s workforce.


is empowered by this provision to give written notice to the Contractor

requiring him to remove from the Works forthwith any employee of the Contractor or employee of any sub-contractor engaged upon the Works, if they is not satisfied in any way with the respective employee's apparel,

conduct, manner, workmanship or ability generally.

The Contractor:

shall on receipt of such notice comply forthwith and remove the employee

from the Property and the employee shall not be employed or engaged upon or in connection with the Works whilst the Contract remains in

force. 11.7 Not used

11.8 Meetings

Meetings will be held as and when required by the Contract Administrator to review the Contractor’s performance or to discuss a specific issue.


will arrange and chair any meeting they shall deem necessary for the successful running of the Contract.

will be responsible for the production and circulation of minutes of

meetings.

The agenda may cover but not be limited to the following:

Programme monitoring, Progress of Works and delays,

Jobs outstanding beyond priority dates, Valuation queries,

Number of defects/recalls, Residents Satisfaction Complaints received from residents,

Standards of materials and workmanship, Financial status/Budget monitoring,

Recruitment, retention, promotion of staff Updated list of operatives Diversity and Equality

Health and Safety Customer care

Work capacity and planning The Contractor:

shall attend all such meetings and is to inform any nominated or other

sub-contractor’s when their presence is required.

11.9 Pre-Inspection Survey/Setting Out

The Contractor:

shall undertake all surveys, inspections etc. deemed necessary to determine the full requirements appertaining to the various scheduled items specified together with all setting out required. The cost for compliance with this condition

shall be deemed to be included in the Contractor’s schedule of rates.

11.10 Removal of Debris and Rubbish

It is an essential condition of the contract that the properties are kept clean and tidy and free from all rubbish. The removal of rubbish and protection of the site

is the Contractor’s responsibility and is not an item for which extra payments will be made.

The provision of skips for the removal of debris together with tipping charges, landfill tax and any other costs incurred, associated with any Works undertaken

by the Contractor for the Employer are deemed to be included in the

Contractor’s schedule of rates.

The provisions of this Clause shall be applicable to the removal of Special Waste/Hazardous Waste as determined under the European Waste Catalogue (EWC) Special Waste Regulations and EC Regulation No. 2037/2000 of 29th

June 2001 and any subsequent amendments, re-enactments etc.

The Contractor will for the purposes of the SWMP be responsible as the ‘Principal Contractor’ for the preparation, implementation and monitoring of the SWMP for the contract. The SWMP is to be the level of detail required by the

Regulations and may be open to inspection by both the relevant local authority and the Environmental Agency. The Contractor will be required to demonstrate

that they are complying with the duty of care regime imposed by the Regulations.

The Contractor:

shall, at the end of each working day and on completion of the specified works, clear away and remove to authorised tips all dirt, rubbish and superfluous materials etc as they accumulate and keep the interior,

exterior and gardens of the sites clean, tidy and in a safe condition at all times. All entrances, exits and paths, together with public footpaths,

verges and roadways adjoining the site are to be kept clean and clear at all times. On no account will the burning of rubbish, debris etc be allowed.

shall keep all roads, streets and footpaths, (whether public or private) free from any damage arising out of or in the course of or by reason of

the execution of the Works, and from mud, dirt, rubbish, obstructions, skips, etc., arising at all times from the Works.

is to ensure that no ballast, sand, rubbish, cement, oil or the like is discharged into the road gullies.

is expressly forbidden to dump any debris or rubbish from any Works on

any vacant land or cleared sites other than at authorised tips.

should note that failure to carry out these requirements to the Contract

Administrator’s satisfaction, and after 24 hours’ notice, then the Contract Administrator may execute the Work and set off it’s value against any

sum due or to become due to the Contractor under this Contract. Should the Contractor repeat their default the Contract Administrator may reduce the period of notice to less than 24 hours at the Contract

Administrator’s sole discretion.

shall provide for cleaning, as necessary, of all rooms affected by the Works including sweeping and scrubbing floors, and leaving clean and tidy to the entire satisfaction of the Contract Administrator on

completion.

should note that it is their sole responsibility for all costs incurred in complying with these conditions.

shall notify the Contract Administrator if finding prior to commencement of the Works excessive rubbish, debris etc requiring removal to enable

the Works to be undertaken, and shall obtain appropriate instructions.

The Contract Administrator’s decision in this respect shall be absolute and final.

11.11 Builders Skips

The Contractor:

is to note the regulations (Highways Act 1980, Section 139 and 140) relating to the deposit and use of builders skips on the highway.

should the Contractor wish to deposit a skip on roads, paths, paving, car parking areas, garage forecourts or grassed areas maintained by the

Employer they must first obtain the approval of the Employer and ensure that the skip is deposited and used strictly in accordance with the Employer’s conditions, with particular attention being paid to positioning

and lighting requirements.

11.12 Protection of Gardens

The Contractor:

shall ensure that no permanent damage is caused to lawns, flower beds, plants, trees and paving during the progress of the Works and is to rectify at its own expense any damage caused and to the satisfaction of the

Contract Administrator and, if applicable, the residents.

11.13 Illegal Parking

The Contractor:

is not to park, or allow their servants, agents, employees or sub-

contractor’s to illegally park any motor vehicle or motor cycle upon the public and estate footpath, fire-paths pre-allocated car parking areas or

grassed areas.

11.14 Advertising

Advertising in any form in, on or about the Contract is prohibited other than as maybe specifically authorised in writing by the Employer.

11.15 Documents

The Contractor:

shall retain for production as required by the Employer all accounts, or documents relating to the Contract, for a period of six years.

11.16 Audit by Employer

The Employer:

shall be empowered under these provisions to undertake regular audits of the Contractor’s procedures in relation to the Contract and to make

recommendations for improvement as a result of any audits undertaken.

11.17 Storage, Site Accommodation and other Temporary Facilities

The Contractor:

shall allow for all costs in association with the storage of materials and

provision of any site accommodation. Any arrangements made shall be subject to agreement with the Contract Administrator. All areas

used for storage etc must be reinstated to the Contract Administrator’s approval and at the Contractor’s expense.

shall include for temporary sheds, offices, mess rooms, sanitary accommodation and other buildings for his operatives and keep clean

and tidy and remove on completion.

shall pay all rates and charges in connection with all temporary

buildings

shall be responsible for providing , at his own expense, any necessary temporary heating, dehumidifiers etc, required for the satisfactory progress and completion of the Works.

Shall provide, at his own expense, temporary sanitary and washing

facilities, sited as agreed with the Contract Administrator and keep clean and tidy and remove on completion.

The Contractor’s supervision and operatives must not use any communal sanitary facilities nor use those of residents. Under no circumstances should

communal facilities be used for the cleaning of tools and the like.

12. CONDUCT

12.1 Code of Conduct and Actions to be taken in relation to Harassment

The Employer:

has a Code of Conduct, which the Contractor must comply with at all

times. The Employer’s Code of Conduct is included as Annex F and the Contractor's tender is deemed to have allowed for compliance with the

Employer’s Code of Conduct.

wishes to promote good neighbourly relations within the areas in which it is working. Contractors must ensure that their employees and their sub-contractor’s employees do not cause abuse or harass/discriminate.

Contractors are required to train their staff in cultural sensitivity and take prompt and firm action against any employee causing abuse or

harassment.

is concerned to ensure the well-being of its employees and residents and

as such wishes to impress that abuse and harassment of any kind will be treated extremely seriously and will under no circumstances be tolerated.

Any alleged incident must be reported promptly to the Employer giving full details including how the action has been supported and the action taken against the perpetrator. Any Contractor directly or indirectly

employed who is found by the Employer to be causing abuse or harassment may be removed from the Employer’s approved list and thus

prevented from working for the Employer until further notice. Within the Race Relations Act and Sex Discrimination Act, definitions of

“employment” will include both employees in the traditional sense and any casual labour introduced onto the Contract.

The Employer is concerned to ensure the well-being of its employees and residents and as such wishes to impress that abuse and harassment of any kind

will be treated extremely seriously and will under no circumstances be tolerated. Any alleged incident will be thoroughly investigated in accordance with the

Employer’s procedures. Any Contractor directly or indirectly employed who is found by the Employer to be causing abuse or harassment may be removed from the Employer’s approved list and thus prevented from working for the

Employer until further notice.

12.2 Diversity and Equality

The Employer:

implements a comprehensive Diversity and Equality Policy and a copy of

this Policy is included as Annex G.

The Contractor:

shall comply with and maintain policies to ensure that both they and their

sub-contractor’s comply with their statutory obligations under the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1975 (as

amended), the Disability Discrimination Act 1995 and the Human Rights Act 1998 and accordingly shall not and shall take all reasonable steps to secure that all employees, or agents of the Contractor and all Sub-

contractor’s do not discriminate against any person because of their sex, sexuality, marital status, colour, race, nationality (including citizenship)

national or ethnic origin or on the grounds of their disability in decisions to recruit, train, promote or discipline employees.

In performing the Contract shall comply with the provisions of Section 71 (1) of the Race Relations Act 1976 (as amended) as if the Contractor

were a body within the meaning of Schedule 1A of the Act or any European equivalent which shall be deemed to include without limitation an obligation to have due regard to the need to eliminate unlawful racial

discrimination and to promote equality of opportunity and good relations between persons of different racial groups.

shall have regard to the Guidance issued by the Commission of Racial

Equality in respect of Race Equality and Procurement in Maintenance.

if required must provide with his tender a copy of his Diversity and

Equality Policy and be able to demonstrate compliance.

12.3 C.O.S.H.H. Regulations

The Employer:

endorses the concern over the damage that is caused to the Environment through pollution and requires the successful Contractor to take all

reasonable measures to control the damage to the Environment resulting from C.F.C.’s disposal of waste and other such issues and should comply in all respects to the current regulations regarding the Control of

Substances that are Hazardous to Health (C.O.S.H.H.).The disposal of such items is deemed to be included within the Contractor’s tender.

12.4 Noise Control

The Contractor:

is to note the provisions of Section 60 of the Control of Pollution Act 1974, with reference to the control of noise in relation to any demolition or construction Works and the need, particularly where such Works are

adjacent to occupied property where a high sensitivity to noise may be anticipated, to ascertain from the local authority what requirements or

restrictions, if any, shall apply to the Works in this respect. The restrictions may relate to the type of plant used, the methods of working to be adopted, the hours of working permissible and may in addition

impose a maximum noise level at the site boundary which must not be exceeded.

is to note the provision of Section 61 of the Control of Pollution Act 1974,

with reference to the issue of prior consent and any application under

that section should be made to the local authority on the appropriate form available from them.

is to be held responsible for complying with such requirements,

restrictions, or consents together with any other stipulations to which their/her attention may be drawn from time to time by the competent authorities and is to allow in their/her tender for any costs or expenses

arising from such compliance. No instruction issued to the Contractor by the Contract Administrator or their/her authorised representative shall

relieve the Contractor from compliance with the Control of Pollution Act 1974 or any subsequent amendments or re-enactments.

12.5 Environmental and Sustainability Policy

The Employer: implements a comprehensive Environmental Policy in recognition of its

responsibility to contribute to improving the quality of the environment through delivery of services/materials and a copy of this Policy is

available to Contractors free of charge, upon request.

The Contractor:

will in its performance of the Contract use all reasonable endeavours to

ensure it uses working methods, equipment, materials and consumables

which minimise environmental damage.

in particular, they shall ensure that they are familiar with the Employer’s Environmental Policy and will fully comply with the stated environmental obligations and will support and assist the Employer in achieving the

objectives set out in it.

must provide the Employer with a copy of their Environmental Policy or statement of intent towards environmental issues. These shall be compatible with the Employer’s environmental objectives and the

Contractor must be able to demonstrate, if required, that they operate in harmony and compliance with the Employer’s Policy.

12.6 Health and Safety and General Code of Safe Practise

The Employer:

implements Annex A General Code of Practise for Construction,

maintenance, Installation and Repair for contractors working on its sites

The Contractor:

shall sign the declaration of understanding and compliance contained

at Appendix B of the Code of Practise (CoP).

shall comply with the Code of Practise at all times

shall comply with all Statutory obligations imposed by the CDM

Regulations and any subsequent amendment when enacted and ensure

they are fully understood and planned for. The Contractor shall apply the Regulations to all site operatives irrespective of whether they are

employed directly by the Contractor, sub-contracted or engaged on a self-employed basis.

shall when tendering for the Contract take account of the specific

requirements of the project and ensure that sufficient resources,

including time, have been allocated to enable the project to be carried out in compliance with health and safety law, and will be required to

demonstrate this to the Employer prior to the Contract being awarded. will be required to develop the construction phase plan, coordinate the

activities of all Contractors and sub-contractor’s and ensure that they comply with relevant health and safety legislation and the developed

health and safety plan.

shall also provide sufficient information, training and consultation with

employees, including the self-employed to enable the full compliance with the provisions of the Regulations.

will, prior to commencement of the Works, be required to provide

details of the following:

health and safety policy and assessments

arrangements to manage health and safety

procedures to be used for adopting, developing and implementing the health and safety plan

risk assessments, including those of all other contractors, Contractors and sub-contractor’s together with the approach to be

taken in executing any identified high risk operations details on the management and prevention of health and safety

risks created by Contractors and sub-contractor’s

arrangements the Contractor has for monitoring compliance with health and safety legislation

time allowed to complete the various stages of construction Work without risks to health and safety

the way people are to be employed to ensure compliance with

health and safety law

acting as Principal Contractor, shall become responsible for the

construction phase plan immediately upon notification by the Employer of their intent to award the Contract. From this point the Contractor shall develop the construction phase plan so that it:

incorporates the approach to be adopted for managing health and

safety by everyone involved in the construction phase

includes the assessments prepared by Contractors under the

Management of Health and Safety at Work Regulations 1992 and other legislation

incorporates the common arrangements (including emergency

procedures and welfare)

includes arrangements for fulfilling the Contractor's duties under

the CDM Regulations, e.g.:

arranging for competent and adequately trained staff and operatives to undertake the Work

arranging for competent and adequately resourced sub-contractor’s to carry out the Work where it is sub-

contracted

ensuring proper coordination and cooperation of all other

contractors, Contractors and sub-contractor’s (if any)

ensuring that all other contractors, Contractors and sub-contractor’s are given all information about risks on site

ensuring that site operatives have been given adequate training and further re-training where necessary

ensuring that all other contractors, Contractors and sub-contractor’s comply with any site rules which may have

been set out in the construction phase plan

ensuring that all operatives are properly informed and

consulted

ensuring that only authorised persons are permitted on site

displaying notification of the project to the Health and Safety Executive

updating/completing the health and safety file

includes reasonable arrangements for monitoring compliance with health and safety law

includes, where appropriate, rules for the management of the Work

for health and safety

can be modified as Work proceeds according to experience and

information received from Contractors.

shall note that separate specific health and safety Files will be

required for each individual scheme or estate to be worked on under the Contract.

shall, before the Works starts offer the construction phase plan to

the Employer, so that compliance with the CDM regulations can be

monitored, in that as much of the construction phase plan as possible has been developed prior to the Works starting,

particularly those aspects relating to the early Work stages.

shall, at all stages of the construction process on site monitor adherence to the construction phase plan, and ensure that it is fully updated and amended in light of developing information, or

alterations to the design.

shall, throughout the duration of the Contract, include any updated and developed health and safety information in the health and safety file(s).

All costs associated with compliance with the CDM Regulations are deemed

to be included in the rates and prices of the Schedule of Rates and percentage adjustments thereto.

ANNEX A – SPECIFICATION

1. Specification for asbestos removal

a. The Contractor will be required to remove various grades of asbestos and to dispose of all waste arising under controlled conditions. he pdf

document must be emailed to The Employer. b. The Contractor will also be required to make good the area for

reinstatement/renewal of components by others. Temporary protection

may be required in some instances.

2. Asbestos removal & remediation a. The Contractor will be provided with the results of a Refurbishments/

Demolition Survey or Management Survey carried out by Selwood Housing/Silcoa’s appointed Asbestos Surveying and Sampling

Contractor for each property (depending on the nature of the removal/remediation works to be carried out). However, the Contractor should be aware that all Asbestos Containing Materials (ACM) may not

have been identified and should take all necessary precautions whilst undertaking works. If asbestos is discovered that has not previously

been identified, work in the immediate area should stop and the Employer informed so that appropriate action can be taken.

b. Timescales. The contractor will, as directed by the employer, attend

emergency situations within 4 hours, urgent visits within 24 hours, visits to void properties within 5 days and undertake tenanted/planned

visits within 30 days as agreed with the tenant/Employer. c. The Contractor is to comply with the latest Health & Safety legislation

which includes, but is not limited to, the following:

The Control of Asbestos Regulations 2012

HSG The Survey Guide 2010 (Health and Safety Guidance) Control of Asbestos at Work Regulations 2006

HSE Publications provide information on these regulations: L143 ACOP Work with materials containing asbestos - Control of

Asbestos Regulations 2006

L127 ACOP The management of asbestos in non-domestic premises -Regulation 4 of the Control of Asbestos Regulations 2006

Management of Health and Safety at Work Regulations 1999: L21 ACOP

Construction Design Management Regulations 2007 (CDM

Regulations) The Health and Safety at work Act 1974 The Control of Substances Hazardous to Health 2002

The Defective Premises Regulations 1972

And all other legislation associated with the works and other legislation and guidance listed in A34 125

d. Asbestos waste is to be disposed of in accordance with the provisions of the Control of Pollution (Special Wastes) Regulations 2006. Asbestos

removal contractors must have documentary proof they are disposing of waste at a licensed site. No work shall be commenced unless and until these documents have been produced.

e. For each removal the Contractor is to provide a removal method statement, risk assessment and COSHH assessment. At all times prior

to, during sampling, removal and air testing the Contractor is to liaise with the Employer's representative (to be nominated), and supply him/her with all necessary documentation.

f. The Contractor is to provide enclosures, decontamination units, 'H' vacuum cleaners etc, as required to carry out the works in accordance

with the relevant legislation and guidance. g. Where a decontamination unit is required, it will be located as near as

possible to the area being worked on, using the shortest direct route

possible to minimise contact with unprotected persons. The location of the decontamination unit is to be agreed with the Employer. The

Contractor is to ensure adequate signage and direction arrows be posted along the transit route. Where no power or water source is available, the Contractor is to make his own arrangements and pay all

costs arising. h. All operatives on site will be supplied with suitable Personal Protective

Equipment (including RPE) as required to undertake the specified works.

i. Where necessary a full faced powered respirator will be located on site

for use by emergency personnel, and in addition disposable overalls and over-boots will be made available for use by emergency personnel.

j. All asbestos and contaminated waste shall be suitably bagged or wrapped and sprayed in accordance with the relevant legislation and guidance.

k. All asbestos and contaminated waste is to be removed from the area by the designated route, at a time when contact with the building

occupants will be reduced to a minimum. Once removed the waste will be transported at the end of each shift to a lockable waste container, and then to a regulated authority for disposal.

l. On completion of the necessary works the appropriate testing will be carried out by others. The Contractor is to liaise and arrange all tests

and clearance required. m. A final clearance shall be carried out, and the area shall be thoroughly

cleaned, including all stripped surfaces. Where cleaning alone cannot be deemed as adequate, e.g. timber surfaces, encapsulation with ET-150 or similar shall also be undertaken. Where required, air monitoring

shall be carried out throughout and following the removal process, and all certification provided to the Contract Administrator upon completion

of the works order. n. Selwood Housing/Silcoa may opt to commission independent

environmental monitoring by its appointed Asbestos Surveying and

Sampling Contractor at any stage throughout the works. The Removals Contractor is to co-operate fully with the asbestos Surveying and

Sampling Contractor as required. o. Where the Contractor is found not to have carried out works to a

satisfactory standard the Contractor shall take all necessary actions

required to make good the works at his own expense, to include the erection of enclosures, additional air test etc.

p. The Contractor is to put into place procedures in case of an emergency, which will include first aid, fire precautions, emergency spillage/exposure and the name and address of the local A & E

department. q. The Contractor is to keep on the site the following documentation:

Contact of First Aider

Visitors to

site

All visitors to report to the Supervisor

Record

Keeping

A site pack will be kept and maintained on

site by the Site Supervisor or Senior Operator.

3. Reinstatement & temporary protection

a. The Contractor may be required to undertake reinstatement and

temporary protection works as follows:

Roofs Where tiles or sheets have been removed

provide tarpaulin covers, firmly fixed, to prevent water ingress. Only when

requested

Water Tank Where base is removed, provide new base

comprising 25mmWBP

Cistern’s

Base Panels

Plywood on joists at 600mm centres

maximum.

Boiler Base

Panels

Where base is removed, provide new base

comprising 25mm WBP plywood on joists at 600mm centres maximum

Ceilings Encapsulate any remaining raw edges of Asbestos

b. Where no reinstatement or temporary protection works are required

the Contractor shall leave the work area in such a condition that

Contractors following on to renew components are not at risk of disturbing any other ACMs in the vicinity.

4. Emergency Procedure

a. Protocol for emergency procedure:

1. Tenant calls Selwood to advise issue at property (redirected to Tunstall out-of-hours service between 18:00-08:00)

2. Selwood (or Tunstall if out of hours) contact the Silcoa on-

call operative to provide details of tenants situation (e.g. ceiling collapse due to leak from above, etc.)

3. Silcoa on-call operative escalates to Silcoa on-call supervisor with concerns re: potential asbestos exposure

4. Silcoa on-call supervisor consults most recent asbestos

survey (QL) and the up-to-date asbestos register (PMMS - to determine whether asbestos removal has taken place since

the survey was undertaken) 5. Silcoa on-call supervisor confirms asbestos is present within

the affected area and contacts the appointed Asbestos

Removal Contractor 6. The Asbestos Removal Contractor will contact the tenant

immediately and attend site to make safe/initiate asbestos removal works within 4 hours

7. Silcoa on-call supervisor determines whether occupants

require rehousing, and invokes the out-of-hours escalation process where required

8. The Asbestos Removal Contractor will undertake all works as required to make the property safe

9. The Asbestos Removal Contractor will contact the Silcoa Asbestos Supervisor immediately (or at 09:00 the following day if works undertaken out of hours) to advise what works

were undertaken, and discuss any follow-on works required 10.Silcoa Asbestos Supervisor advises Selwood Asbestos

property Surveyor of completed/proposed works

5. Management arrangements

a. Removals order Process:

1. Selwood/Silcoa administrator/Contract Administrator raises order for asbestos removal works and emails (or telephones when urgent) request for removal to Asbestos

Removal Contractor with accompanying asbestos survey and order number

2. Asbestos Removal Contractor attends site (arranges access with tenant via supplied contact details where required) and advises Selwood/Silcoa of work start date

and proposed duration (within agreed timescales), and provides method statement

3. Asbestos Removal Contractor undertakes required works, liaising with Contract Administrator and other contractors as required. Any variations to proposed works to be

discussed directly with Contract Administrator before proceeding

4. Asbestos Removal Contractor to submit monthly bulk invoice to include works undertaken (with a single order number) accompanied by full information including

property addresses, type and volume of ACMs removed, works completion dates, and all relevant HSE, waste

transfer and disposal certificates, etc. 5. Invoice processed for payment by Selwood/Silcoa within

agreed timescales

b. There will be some non licensable asbestos removal works undertaken

by the Silcoa (Response Repairs Contractor) asbestos removal team outside of this contract.

c. With the exception of emergency/urgent works, voids works are to take priority over other works.

d. Invoices for Selwood Housing Group & Silcoa must be kept separate

and submitted to the correct specified person.

6. Contract Representative Progress Meetings

The Contract Representative will hold meetings when requested by the

Employer to review progress and other matters. The Contractor must attend these meeting at their own cost.

7. Supervision/Inspection

Person in charge: At least 30 days notice must be given to the Contract Representative before changing the person in charge.

8. Quality Control

Procedures must be established and maintained to ensure that the Works including the work of all sub-contractors, comply with the specified requirements.

9. Security/Safety/Protection

The Client reserves the right to issue instructions requiring the immediate removal from the project of the Contractor and their

representatives if the Contract Representative considers that their standard of conduct, personal hygiene, workmanship and performance

is unsatisfactory. It is a requirement of the Contractor and their representatives shall be

properly dressed, with proof of identification and be clean and tidy at all times.

10. Initial Action / Access to site

The access to the site is to be by notification to Selwood Housing Compliance Administrators.

The Contractor, upon receipt of an Order, shall immediately confirm access arrangements with tenants, or inform the Compliance

Administrator of any problem which may lead to a delay or failure to complete the Work within the requested timescale.

It is the responsibility of the Contractor to ensure that plant, materials and labour will be available to undertake the Work at the arranged

time, or immediately to seek approval of tenants and the Compliance Coordinator to amend the arrangement where a delay is inevitable. It

is imperative that explanations for delays are communicated to Compliance Co-Coordinator as soon as possible whenever they arise.

11. Capacity

Contractors are specifically requested to notify the Compliance Coordinator of any problem regarding their capacity to undertake work

for the Employer, whether by reason of a temporary heavy workload, or a change in circumstances (e.g. staff changes), which may affect capacity and Response Repair Periods. It is particularly important that

the Employer is given due notice of any intention to cease Employers work or to end trading.

12. Cessation

In the event of ceasing work for the Employer, Contractors will be required to hand back any keys, plans, specifications, other

documents or equipment issued by the Employer.

13. Abortive Visits

No payment will be made for abortive visits to properties, the

Contractor is to manage the site visits by prior notification and in the

event that there are any problems in arranging access then this is to be referred to the Contract Manager or Compliance Co-Ordinator.

14. Auditable Trail

The Contractor is to keep a fully auditable trail with all details recorded when arranging access to properties, this is to include times

and dates of any telephone calls made, telephone messages left, letters written, cards or visits to arrange access. If it is not possible to access a property a date and time stamped photograph should be

taken to record the non-entry. This information shall be available for inspection by the Contract Manager.

15. Labour

Under no circumstances must any member of the Contractors staff be:

A member of the Board of Directors, or Selwood Housing Leadership Team

Related to or have a close personal relationship with any member of the Employers Maintenance Staff or member of the Employers

Committee of Management.

If the Contractor employs a person who falls into the above category

or is linked in any way with other members of staff within the Employer, the Contract Administrator must be informed in writing by

the Contractor and the matter will then be discussed between the relevant parties and a decision made regarding issuing further work to the Contractor.

16. Security and Protection

Particular care must be taken to ensure the comfort, safety and

security of tenants and adjoining householders during Work activity. All necessary reasonable action will be required to ensure the well being of both the property worked on, and those adjoining.

Specifically, operatives will be required to employ the use of dustsheets and protective coverings whenever dust, dirt, paint, mortar

or similar nuisance is liable to foul surrounding property, fauna or flora.

Particular care must be exercised when Work is carried out in the vicinity of small children, particularly with regard to sharp tools and

toxic substances being kept well out of reach. Contractor must not enter houses where children under 16 are left unaccompanied.

Care and consideration will be required when working in the home of elderly or disabled tenants including any communal area, particularly

with regard to restricting or impending movement around the property, tools and materials lying on floors and maintaining acceptable levels of warmth and comfort.

Any complaint arising from a dispute in any form, between tenant and

Contractor must be referred immediately to the Compliance

Coordinator.

If for any reason a Contractor feels unable to undertake specified work on a property of the Employers, the Compliance Co-Coordinator must be informed immediately.

In the interests of all concerned, whenever Contractors encounter a

particular difficult or a potentially violent situation they must leave the site immediately and contact Employers staff as soon as possible.

17. Notice

Due notice must be given whenever it is necessary to disconnect services or interrupt the use of access or amenities, and such interruption should be kept to a minimum. The Contractor is

responsible for ensuring that, where appropriate, any statutory consents (i.e. scaffolding on a pavement) are obtained before work

commences, and that any statutory notices (i.e. building regulation notices) have been applied for as appropriate.

18. Confidentiality

Particular note should be taken to instruct operatives not to involve themselves in discussion with tenants, or others, of matters which may contravene reasonable requirements of confidentiality concerning

the Employers business or concerning other tenants, other properties or other Contractors.

Any enquiry from tenants or others concerning Employer’s business should be diplomatically redirected to the appropriate staff.

19. Belongings

Contractors may only remove abandoned belongings from voids with

written permission from the Employer. It is to the Contractors own advantage to ensure that a proper inventory is taken of any property so removed. Clear instructions should be agreed on regarding disposal.

ANNEX B – SCHEDULE OF RATES

Appendix 2D – Pricing model to be included upon completion

INCLUSIVE NATURE OF CONTRACT RATES

Contractor to Execute Work at Contract Rates

1.01 In consideration of payments to be made by the Employer to the Contractor calculated in accordance with the rates contained in the Schedule of Rates

together with the percentage adjustments tendered by the Contractor and which have been accepted by the Employer, the Contractor will perform, provide and execute all the Works, materials, matters and things as shall be

ordered from time to time during the continuance of the Contract by the Contract Administrator as described or referred to in the Contract Documents

and complete the same to the entire satisfaction of the Contract Administrator and will perform and observe all the provisions of the Contract which on the Contractor's part are to be performed and observed.

The Contractor’s tender shall be deemed to be fully inclusive of all costs

required to undertake the Works to be ordered through the Contract including but not limited to the following;

.1 Labour and all costs in connection (including travel and other non-productive time)

.2 The supply of materials and goods, storage and all associated costs,

including waste and delivery to site

.3 Plant, equipment (including scaffolding, ladders, or any other working

at height equipment), tools and all associated costs .4 Fixing, erecting and installing or placing of materials and goods in

position

.5 All temporary works and reinstatements.

.6 The effect on the phasing of the Work, of alterations and additions to existing services, of all statutory undertakings required for the Work

.7 All general obligations, liabilities and risks involved in the execution of the Work set forth or implied in this Contract

.8 Establishment charges, overheads and profit

.9 Supervision, transport (including any and all parking/congestion charges, levies fees) and provision of depots and storage facilities

.10 Supply of water for use in the Works, including all necessary

plumbing, removal of temporary facilities on completion and payment

of any water companies fees.

The Contractor shall provide clean, fresh water for the execution of the Works, together with necessary receptacles and plumbing, alter as required and clear away at completion and make good all work

disturbed. The Contractor shall give due notice to the local water undertaker and shall pay all charges. He shall make approved

connections to the mains at such points as directed by the Contract

Administrator.

.11 The supply of temporary artificial lights and electrical power or gas facilities where required for the Contractor's or sub-contractor's use and payment of all costs, charges and for power consumed.

The Contractor shall be responsible for the supply of electricity and

gas and shall pay all reasonable charges. Permission must be obtained from a tenant if the Contractor's operatives wish to use power from a domestic supply point and meter readings taken and recorded with the

tenant before and after the Work. For Works where large amounts of power are needed, or where a tenant refuses access to a domestic

supply, the Contractor shall provide a generator. All electricity shall be at 110 volt supply and the Contractor shall use step down transformers from 240 volt to 110 volt if obtained from a domestic or

communal supply point.

.12 The temporary disconnection and protection of telephone installations including repositioning to maintain services, release wires prior to repairs and redecoration’s and reconnect, reinstate and make good to

works disturbed and pay all costs and charges

.13 The temporary disconnection and protection of television and radio aerials, satellite dishes, receivers and the like and repositioning to maintain services, release wires of cables prior to repairs or

redecoration and reconnect, reinstate on completion and make good to works disturbed and pay all costs and charges

.14 The removal of fittings to be replaced and other work necessary to

provide access to pipes or other things to be repaired or renewed,

inclusive of the removal and subsequent refitting of all duct access panels, floorboards and shelving to cupboards and the making good of

all damage and touching up decorations to match such existing work and surfaces

.15 The temporary removal, protection and reinstatement of all floor

coverings, carpets, tenants fridges, cookers, freezers, washing

machines, drying machines, dishwashers and the like including making good all damage and touching up of decorations to match existing

Nominated Suppliers

In respect of goods or materials to be provided by a Nominated Supplier the Contractor is deemed to have included for:

1. The general co-ordination of nominated suppliers including the

agreement of details and quantities, ordering the relative materials,

components or goods and checking deliveries and invoices.

2. The dispatch carriage paid for all returnable crates and other packaging containers to the suppliers as soon as possible after receipt.

3. The returning of redundant items to the suppliers and obtaining the appropriate credit and taking delivery, unloading, getting in, unpacking,

storing, taking from store, hoisting, distributing, assembling as

necessary, and fixing in required positions.

The Contractor will be held responsible for any loss, damage, or breakage after delivery and will be required to replace lost or damaged goods at his own expense.

ANNEX C – SERVICE LEVEL AGREEMENT

PERFORMANCE TARGETS 1. Service Level Agreement

The Contractor should comply with the terms of this Service Level Agreement.

2. Broken Appointments

The Employer will log all broken appointments received by one or more of the following: telephone, email, facsimile, letter and card from the person

occupying the dwelling, and should the number be higher than 5% of all appointments in any one calendar month, a payment in accordance with the

terms of the Contract for every broken appointment will be recoverable from the Contractor.

The Contractor must ensure that all appointments are kept and failure to do so or unnecessary cancellations by them could result in termination of the

Contract. 3. Validity and Quality of Valuations/Invoices

The valuations/invoices submitted by the Contractor under the terms of the

Contract will be subject to checking and verification.

The Employer will expect a minimum of 100% of all valuations/invoices to be

free of errors.

4. Quality of Workmanship – Default Notices The Employer requires the Contractor to consistently maintain a high quality

and standard of workmanship throughout the duration of the Contract. Any Works undertaken where the standards of workmanship or materials are not

to standards acceptable to the Contract Administrator will be directed to be rectified under the terms of the Contract.

In respect of each direction from the Contract Administrator to remedy unacceptable standards of workmanship and/or materials a Default Notice will

be issued. In addition a further Default Notice will be issued in respect of each direction which has not been acted upon and completed within 5 working days of issue to the Contractor.

The minimum performance level target for the number of Default Notices

issued is set out in the table below:

Contract Year Maximum No of default notices per month

Maximum No of default notices per year

Year 1 2 20

Year 2 onwards 2 10

If the number of default notices issued exceeds the maximum number in any one month or over any 12 month period, the Employer may terminate the

Contract in accordance with the terms Clause 8.4.1 of the Contract

5. Official Complaints Procedure

The Employer requires the Contractor to have an official procedure to deal

with complaints arising from tenants formally invoking their right of complaint to their landlord, and which the Employer as landlord has passed on to the

Contractor for explanation or resolution, the Employer requires that the performance of the Contractor, his operatives and sub-contractors should be such that complaints are minimised. The minimum acceptable performance

level target for the number of complaints is set out in the table below.

Contract Year No of complaints per month

Year 1 1% of all orders completed

Year 2 onwards 1% of all orders completed

6. Variations

The Employer will closely monitor the Contractor requests for variations to the

value, work content or quantity of the Tasks ordered, both in terms of self authorisation by the Contractor and variations that will need to be authorised

before completion by the Employer.

7. Health and Safety Records

The Employer as part of the review process will require access to all of the

Contractor’s Health and Safety records and files including but not limited to the following:

Health and Safety Policy, together with Codes of Practice, Operational Guidelines, Provisions and Procedures

Health and Safety Plan for this Contract

Method Statements

Risk Assessments

COSHH Assessments Accident Book

Prohibition Notices

The completeness of these records will be treated as a key performance indicator for the purpose of the Annual performance Review and the failure

of the Contractor to maintain such records and/or to provide the Contract with the information will be treated as a default.

8. Accreditations and Qualifications

The Employer as part of the review process will require access to all of the Contractor’s accreditation records and files pertaining to the qualifications for

operatives as required by the contract.

KPI Target

Emergency instructions attended/works initiated within

4 hours 98%

Urgent instructions attended/works initiated within 24 hours

98%

Void instructions attended/works completed within 5 days

98%

Planned/non-urgent instructions attended/works completed within 30 days

98%

Appointments at tenanted properties made (and kept) via initial telephone contact, then reminder texts sent

to tenant 48 Hrs & 24 Hrs prior

98%

Recalls requested where additional asbestos removal

works required <5%

Number of jobs audit checked by Contractors audit

manager 10%

Works completed in the agreed manner within the

agreed timescale 99%

Weekly progress report received by employer no later

that 10:30 Monday morning. 95%

Invoices received on time without errors 100%

Tenant satisfaction 95%

Email confirmation received by Selwood Housing/Silcoa confirming proposed outcome of any complaint raised

by a tenant within 24 hours 100%

Reportable Accidents (AFR- Accident Frequency Rate) 0

Total accidents: Reportable + Non-Reportable

Accidents (AIR- accident incident rate) 0

Dangerous occurrences 0

DBS (CRB) checks on operatives 100%

Contractor in direct telephonic or similar communication (not answerphone) with the Contract Administrator and such facility for communications

both during, and out side of, normal working hours (i.e. emergency out-of-hours works requests).

98%

ANNEX D – SILVA CLAUSE

Contribution to the

Silva Social

Enterprises clause

for each year of the

duration of the

contract

Mandatory

requirements

of the

contract

Bronze

Each item

adds 0.1

point to

your

tender

score

Silver

Each item

adds 0.2

points to

your tender

score a

maximum

of 1 point is

available

Gold

Each item

adds 0.3

points to

your tender

score a

maximum

of 1 point is

available

Platinum

Each item

adds 0.4

points to

your tender

score a

maximum

of 1 point is

available

Contribution to the

Silva Community

Investment Fund used

to support people into

work, based on the

annual contract value

0.25% 0.5% 0.75% 1% Over 1%

Work experience

placements within

your organisation

1 2 3 4 5

Full apprenticeships or

support for our own

apprentices

0 0 0 0 1

Sponsor a paid fixed

term training

placement within

Selwood Housing

Group or your own

organisation

3 Months 6 Months 9 Months

Training – please

specify who the

training will be for,

the subject and how

many places on each

course

2 Courses 4 Courses 6 Courses 8 Courses

Mentoring 10 Hours 20 Hours 30 Hours 40 Hours

Other activities that

will support people

into employment

Bidder to state what else they would like to offer

Points awarded will be based on the value that Selwood Housing

places on what is being offered.

(continue on a separate sheet if necessary)

This could include such things as; being a recipient of CSR activities,

use of corporate facilities or other beneficial service.

The Contractor will provide the social value commitments as detailed in Annex B

Silva Clause. (per year of the contract):

• [Insert %] of the annual contract value contribution to the Silva Community Investment Fund.

• [Insert no of] Work placements

• [Insert no of] Community Labour days

ANNEX E: HEALTH & SAFETY GENERAL CODE OF SAFE PRACTICE

ANNEX F: CONTRACTOR CODE OF CONDUCT

ANNEX G: EQUALITY AND DIVERSITY POLICY

ANNEX H: DATA SHARING AGREEMENT