Amendments to JCT Minor Works Building Contract with Contractor’s Design 2011 Articles of Agreement CEBC Notes This Agreement is made the

Between

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To be completed by CEBC Legal.

The Employer Cheshire East Borough Council

(Company No.

)

of/ whose registered office is at Westfields, Middlewich Road, Sandbach CW11 1HZ

And

The Contractor

To be completed post contract award

(Company No. of/ whose registered office is at

1

)

Recitals CEBC Notes

Whereas First

The Employer wishes to have the following work carried out

Clearance and strip out of existing Gift Shop, together with design and construction of shop fitting works, including all labour, plant and materials required for refurbishment, adaptation and modifications. Delete as Appropriate at

Tatton Park, Knutsford, Cheshire WA16 6QN. (“the Works”) Under the direction of the Architect/ Contract Administrator referred to in Article3;

Second

the Works include the design and construction of

Insert contractor designed elements

1. Display cabinets / cupboards / wall fixtures / shelving / tables / etc. 2. Till point / wrapping station 3. Seasonal alcove 4. Room lighting / display lighting 5. Power supplies 6. HVAC 7. Mirrors 8. Flooring 9. Blinds 10. Misc joinery 11. Painting and decorating

(“!the Contractor’s Designed Portion”) Third

the Employer has had the following documents prepared which show and describe the work to be done:

Recommendations report prepared by Metamorphosis Group entitled ‘Tatton Park Gift Shop’ (un-referenced and un-dated). Delete as Appropriate the drawings numbered/ listed in

Drawing entitled ‘Gift Shop – existing floor

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plan and internal wall elevations’. Various concept drawings included in Metamorphosis report.

(“the Contract Drawings) a Specification (“the Contract Specification”) Work Schedules other documents showing or describing or otherwise stating his requirements for the design and construction of the Contractor’s Designed Portion (“the Employers Requirements”)

Project Requirements document Fourth

The Contractor has supplied the Employer with a copy of the priced Contract Specification or Work Schedules or provided a Schedule of Rates

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Delete as Appropriate

Articles Now it is hereby agreed as follows Article 3: Architect/ Contract Administrator

CEBC Notes

For the purposes of this Contract the Architect/ Contract Administrator is

Graham Jones of

To be inserted

Cheshire East Council

Article 4: CDM Coordinator

The CDM Co-ordinator for the purposes of the CDM Regulations is the Architect/ Contract Administrator (or)

Not applicable of

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To be inserted

Articles (Cont’d) CEBC Notes Article 5: Principal Contractor

The Principal Contractor for the purpose of the CDM regulations is the Contractor To be inserted

(or)

Not applicable of

Article 6: Adjudication

If any dispute or difference arises under this Contract either Party may refer it to adjudication in accordance with clause 7.2

Article 7: Arbitration

Where Article 7 Applies, the, subject to article 6 and the exceptions set out below, and dispute or difference between the Parties of any kind whatsoever arising out of or in connection with this Contract shall be referred to arbitration in accordance with Schedule 1 and the JCT 2011 edition of the Construction Industry Model Arbitration Rules (CIMAR).

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Adjudication Applies

Arbitration does not apply

Contract Particulars Clause etc.

Subject

CEBC Notes

Fifth Recital and Schedule 2 (paragraphs 1.1, 1.2, 1.5, 1.6, 2.1 and 2.2)

Base Date

10 days before the date for return of tenders

Fifth Recital and clause 4.2

Construction Industry Scheme (CIS)

Employer at the Base Date is a ‘contractor’ / is not a ‘contractor’ for the purposes of the CIS

Sixth Recital

CDM Regulations

The project is / is not notifiable

Seventh Recital

Framework Agreement

N/A1st December 2010 Low Value Contractors Framework Cheshire East Borough Council

Eighth Recital and Schedule 3

Supplementary Provisions

Collaborative Working

Paragraph 1 applies / does not apply

Health and safety

Paragraph 2 applies / does not apply

Cost savings and value improvements

Paragraph 3 applies / does not apply

Sustainable development and environmental considerations

Paragraph 4 applies / does not apply

Performance Indicators and monitoring

Paragraph 5 applies / does not apply

Notification and negotiation of disputes

Paragraph 6 applies / does not apply

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Delete as appropriate

Contract Particulars (Cont’d) Clause etc.

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

CEBC Notes Employer’s nominee Peter Broughton Graham Jones Contractor’s nominee

Or such replacement as each Party may notify to the other from time to time Article 7

Arbitration

Article 7 and Schedule 1 (Arbitration) apply / do not apply

1.1

CDM Planning Period

Shall mean the period of

To be completed post Contract Award, as named in the Framework Agreement

Number of Days or Weeks to be inserted

____N/A______*days / weeks ending on the Date for Commencement of the Works / beginning / ending on _______N/A_________20___ 2.3

Date for Commencement of the Works

Insert date when if known

2.3

Date for Completion

Insert date when if known or time period

2.9

Liquidated damages

at the rate of £ nil per______

Generally not used, but may be required on specific projects

2.11

Rectification Period

12 months from the date of practical completion

4.3

Percentage of the total value of work etc.

100 per cent

Generally retention not held

4.4

Percentage of the total amount to be paid to the Contractor

100 per cent

Generally retention not held

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Contract Particulars (Cont’d) Clause etc.

Subject

4.8.1

Supply of documentation for computation of amount to be finally certified

1 months from the date of practical completion

4.11 and Schedule 2

Contribution, levy and tax changes

Schedule 2 (Fluctuations Option) applies

4.11 and Schedule 2 (paragraph 13)

Percentage addition for Fluctuations Option

___________ per cent

5.3.2

Contractor’s insurance: injury to persons or property – insurance cover

£ 10,000,000.00

Insurance of the Works etc. – alternative provisions

Clause 5.4A (Works insurance by Contractor in Joint Names) applies/

5.4A, 5.4B and 5.4C

CEBC Notes

£5,000,000.00

Clause 5.4B (Works and existing structures insurance by Employer in Joint Names) applies/

If project is a new building then clause 5.4A will apply and 5.4B should be deleted.

Clause 5.4C (Existing structures insurance by Employer in own Name) applies/ 5.4A.1 and 5.4B.1.2

Percentage to cover professional fees

15 per cent

7.2

Adjudication

The adjudicator is to be nominated

Nominating body – where no Adjudicator is named or where the named Adjudicator is unwilling or unable to act

Royal Institute of British Architects The Royal Institution of Chartered surveyors constructionadjudicators.com Association of Independent Construction Adjudicators Chartered Institute of Arbitrators

Schedule 1 (paragraph 2.1)

Arbitration – appointer of Arbitrator (and of any replacement)

President or a Vice-President: Royal Institute of British Architects The Royal Institution of Chartered surveyors Chartered Institute of Arbitrators

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Check 15% is sufficient

Amendments to the Standard Conditions of Contract Amendment 1 Schedule 3 – Supplemental Provisions Clause 5.1 – Delete “Contract Documents” in the 2 Agreement”.

nd

line and replace with “Framework

Amendment 2 Add new Clause 2.1.7 – “Collateral Warranties to be provided for all sub-consultants and sub-contractors with design responsibilities within two weeks of entering into a subcontract. Collateral Warranties to be in a format to be agreed.”

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