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					Tender Documentation (technical capability and price version)
Not to be sent out with tender documentation

Attached to this document is a suggested format of the tender documentation to be sent
out with the invitation to tender to professional advisers where you have opted to eliminate
tenders which do not meet criteria for expertise, experience and resources and will be
assessing those remaining on the basis of price alone. These notes explain how to fill in
relevant sections.

This tender documentation assumes you will be using “The CIC Consultants' Contract
Conditions - first edition 2007” as the form of contract between you and your
architect/surveyor. (Our grant conditions require that you use a relevant standard form of
written contract. Although this is not the only one, it will fulfil that condition.) This form of
contract can be used with any discipline of consultant, and is issued by the Construction
Industry Council. Most other forms are published by the professional body representing the
discipline e.g. RIBA1 for architects and the RICS2 for surveyors. We have therefore
suggested the CIC form as it will be suitable for both architects and building surveyors
without major amendment. The document uses the term ‘consultant’ throughout. These
notes therefore use the term ‘consultant’ but you may see the phrase ‘professional adviser’
in other English Heritage guidance. It means the same thing.

The documentation here is only suitable for the CIC form, and will need to be re-written if
you wish to use another form. The documentation will also need to be re-written if you
decide to use any other process than that described in section D.1&2. This documentation
is written to reflect the two-part process of examining the tenders to establish their
technical capability to undertake the commission, followed by an examination of the price
offered by those capable and awarding the commission to the lowest capable tenderer.
Please see the summary document on the English Heritage website. Our recommendation is
that if you wish to use any other process you appoint a suitable professional such as a
quantity surveyor to guide you through the process and complete the tender
documentation. The cost of this appointment should be below the threshold for formal
tendering. We have also prepared another version of the tender documentation which uses
a price and quality assessment. This is available on the English Heritage website.

The sample tender document has been completed for repairs to the fictional church of St
Peter, Bridge Norton. The parts of the document that require completion by you have been
highlighted in yellow.




1
        Royal Institute of British Architects
2
        Royal Institution of Chartered Surveyors
Tender Documentation Notes (not to be sent out with invitations to tender)
A1 The Contract

This defines the contract, and makes a key amendment to the standard wording of the
contract. This is to bring it in line with the conditions of grant so that you have a licence to
use the Intellectual Property rights for the material that is produced with grant money. This
will then allow you to provide a licence to us as required by the grant contract.

A2 Completion of Contract
You need to complete:

        1.      Your name and address as the Client under the contract.

        3.      The conditions are capable of being used for disciplines other than
                architect/building surveyor, but you will need to amend this section.

        4.      Insert a brief description of your project.

        5.      The contract can be executed as a deed or under hand. Under hand is a
                more simple way of executing the contract. The main difference between the
                two is that the statute of limitations is 6 years for under hand and 12 years
                for a deed. This will apply to the discovery of defects. If you intend to
                execute the contract as a deed you will need to amend the highlighted text
                to “as a deed” and you should make sure that you understand how to
                execute the contract in this way.

        A2.2 Part 1 – Contract Details
        1-1  Insert the name of the site that is the subject of the grant-aided works.

        1-2     Insert the date on the Client Brief (See Section C).

        1-3     Insert the name of the main contact who will give instructions to the
                consultant.

        1-4     You will first need to establish how much scope your representative has to
                make decisions and enter into financial commitments on behalf of your
                organization. If you wish to limit the amount of authority your representative
                has, insert that amount here. If your representative has unlimited authority,
                leave this blank.



Tender Document (Professional adviser).doc from EH website v.2 Dec 11
Tender Documentation Notes (not to be sent out with invitations to tender)
      1-6   Delete from the list any consultant you do not intend to appoint. The CDM
            (Construction (Design and Management)) regulations will require you to
            appoint a CDM Co-ordinator, but only include other consultants that you
            know you will need. Because you have not included them here does not
            mean that you cannot appoint them later.

        1-8     We suggest a minimum level of £1,000,000 for the professional indemnity
                 insurance to be held by your architect/surveyor. Alter the amounts
                highlighted if you wish to change it.

        1-9     Similarly amend the highlighted amounts if you wish to change the
                consultant’s liability.

        1-10    Insert your address. If you do not have a fax insert N/A or leave blank. This
                address is the ‘official’ address where your architect/surveyor is to address all
                important communications that need your attention.

        1-12    In the event of a dispute between you and your consultant, the contract
                allows for adjudication, the adjudicator being appointed by the president of
                one of the professional bodies listed in the contract. You need to indicate
                which. We suggest the Chartered Institute of Arbitrators.

        1-13    The contract has four optional clauses:

                6-1     Where the consultant undertakes design;
                6-2     Where the consultant is to act as contract administrator under the
                        Works contract;
                6-3     Where the Works contract requires an information release schedule;
                6-4     Where the Works contract is a design and build contract and the
                        services of the consultant are to be novated to the contractor.

                6-1 and 6-2 are appropriate for your architect/surveyor

        1.14 Insert the limit of the consultant’s financial authority without obtaining prior
            authority.



        SECTION B PART 7- THE SERVICES



Tender Document (Professional adviser).doc from EH website v.2 Dec 11
Tender Documentation Notes (not to be sent out with invitations to tender)
            At the start of section B insert your name or your organisation’s name, and
            the brief description of the works.

                You now need to confirm the services you require from your
                architect/surveyor. We have included a standard list of services for an
                architect/surveyor. Our suggestion is that you adopt all the services not
                highlighted, and DELETE the services highlighted in blue.



        C1      THE CLIENT BRIEF

                The purpose of the client brief is to define the project, particularly referring
                to any restriction on quality, price and timing for the building works and the
                contract you are proposing to use for the building works.

                You will need to:
                       date the document at the top of C1. This date will also need to be
                       inserted at 1-2.

                        The text suggested is for Repair Grants for Places of Worship grants
                        where applying for a different English Heritage grant please alter the
                        name of the scheme, documents and timetable accordingly.

                        Provide a short description of the work. If you have received an offer
                        of grant, you can also append the EH Report providing you blank out
                        the fee percentage at section 1.7 and amount shown for the
                        Architect/Building Surveyor at sections 1.5.8 and 1.6.5.

                        You will need to indicate a likely timetable for the project. If you
                        have received an offer of grant, you need to insert the date of offer
                        and ensure that your timetable complies with any deadlines set out in
                        the documents forming part of the offer. If you have not yet received
                        an offer please refer to the published scheme documents (application
                        pack).

                        amend the form of contract if you intend using another form of
                        contract for the building Works.




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Tender Documentation Notes (not to be sent out with invitations to tender)




        D       INSTRUCTIONS TO TENDERERS AND SELECTION CRITERIA



D1      Tender submission

        D1.1 & 2      We suggest that you use the two-part tender process set out at D1&
              2 of the tender documentation (The CIC Conditions page 16).

                 If you wish to use any other process we suggest you appoint a suitable
                professional such as a quantity surveyor to guide you through the process
                and complete the tender documentation (the cost of this appointment should
                be below the threshold for formal tendering). These sections will need to be
                amended if another process is chosen rather than awarding the contract on
                price only. Another version of the documentation which uses a price and
                quality assessment is available on the English Heritage website.

        D4.1    Insert the address for the return of tenders.

        D4.2    Insert the date for the return of tenders. A realistic tender period would be
                3 – 4 weeks. You will need to make sure that the information given here
                matches the date that you have given in the invitation to tender letter.

        D7.1    Insert the contact details for arranging site visits.

        SECTION E – CONSULTANTS OFFER

        At the start of section E insert your name and the date of the letter inviting tenders.

        CONTRACT AWARD

        Once the successful consultant has been decided, you will need to write to them
        awarding them the commission. The suggested format for a letter is provided. A
        letter should also be sent to the unsuccessful tenderers thanking them for tendering,
        but informing them that they have been unsuccessful.



Tender Document (Professional adviser).doc from EH website v.2 Dec 11
Tender Documentation Notes (not to be sent out with invitations to tender)
      You will also need to complete the contract with the appointed consultant. If you
      are using the CIC Consultants' Contract Conditions, you will need to obtain a copy;
      these can be obtained from the RIBA bookshop http://www.ribabookshops.com/ .
      There is a cost for this. The conditions will need to be completed and amended as
      set out in the tender document below. The contact will then need to be signed by
      both parties and dated.




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                               TENDER DOCUMENTATION

                                        for the provision of

                                         THE SERVICES

                                                  of

                           ARCHITECT/BUILDING SURVEYOR

                                                  for

                       REPAIRS TO THE CHURCH OF ST PETER
                                BRIDGE NORTON




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Section A                                                           Contract and Project Particulars




CONTRACT PARTICULARS, TENDER PARTICULARS AND
CONSULTANT’S OFFER




SECTIONS:               A        Contract and Project Particulars

                        B        Description of Services

                        C        Client Brief

                        D        Instructions for Tenderers and Selection Criteria

                        E        Consultant’s Offer



A1      THE CONTRACT

A1.1 CONTRACT CONDITIONS

1       The contract conditions will be:

        The CIC Consultants' Contract Conditions - first edition 2007

A1.2 AMENDMENTS TO THE CONTRACT

1       The contract conditions will be amended as follows:

        Clause 3-11.2

        Clause 3-11.2 shall be deleted and replaced with the following clause:

        3-11.2          The Consultant grants to the Client a perpetual non-exclusive royalty
                        free licence to use any IP rights in such Material prepared or
                        developed pursuant to this contract.

        Clause 3-11.3.1


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Section A                                                           Contract and Project Particulars


        Clause 3-11.3.1 shall be deleted

        Clause 4-1

        The definition of Material shall be deleted and replaced by a new definition:

        Material        all designs, models, plans, drawings, prints, samples, transparencies,
                        specifications, data, reports, manuscripts, working notes,
                        documentation, results of surveys, materials, manuals, photographs,
                        negatives, tapes, discs, films, software and any similar items;

        A new definition shall be added:

        IP Rights       all patents, copyright, design rights, rights in designs, and other
                        intellectual property rights together with the exclusive right to apply
                        to be registered as the owner of any such right as is capable of
                        registration;



A2      COMPLETION OF THE CONTRACT

A2.1 FORM OF AGREEMENT

1.      The Client

        "The Client" under the terms of this Contract is:

        Bridge Norton Parochial Church Council
        c/o Ms Smith
        2 The Glebe
        Church Lane
        Bridge Norton
        YY1 ZZ2

2.      The Consultant

        "The Consultant" under the terms of this Contract shall be:

        As stated in the tender



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Section A                                                              Contract and Project Particulars


3.      The Role

        "The Role” of the Consultant under the terms of this Contract will be:

        An Architect/Building Surveyor

4.      The Project

        "The Project” under the terms of this Contract will be:

        Repair and re-roofing of the chancel and nave roofs to the Church of St Peter,
        Bridge Norton.

5.      Execution of the contract

        The contract will be executed under hand and not as a deed

        The contract will be subject to the law of England and Wales [page 6 (law of
        Scotland) will be deleted]



A2.2 PART 1 – CONTRACT DETAILS

1-1     The site is situated at:

        The Church of St Peter, Bridge Norton



1-2     The Client Brief (Section C of this document) is dated:

        [insert date]

1-3     The Client’s authorised representative is:

        [insert the name of the person authorised to act in connection with this commission]

1-4     The limits of the Client’s authorised representative:

        [insert limit of authority of the client’s representative – if any]



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Section A                                                           Contract and Project Particulars



1-5     The Consultant’s representative is:

        the person named in the tender.

        The Key Personnel are:

        Project Architect/Surveyor – the person named in the tender (who must be an
        Architect or Chartered Building Surveyor and be conservation accredited).

1-6     The Project Team includes the following consultants:

1-6.4   Civil and Structural Design – to be appointed (delete if not to be appointed)
1-6.5   Building Services Design – to be appointed (delete if not to be appointed)
1-6.6   Cost Consultancy – to be appointed (delete if not to be appointed)
1-6.7   Health and Safety Consultancy / CDM Co-ordinator – to be appointed
1-6.8   Landscape Architectural Design – to be appointed (delete if not to be appointed)
1-6.9   Others (name or delete if not to be appointed)

1.7     The Interested Parties:

        The client is not aware of any interested parties

1.8     The minimum level of professional indemnity insurance is:

        £1,000,000 in the annual aggregate for claims arising out of or in connection with
        pollution, contamination and any other matter for which insurance is only available
        on an annual aggregate basis at the time of each renewal;

        for all other claims, £1,000,000 for each and every claim or series of claims arising
        out of one originating cause.

1.9     The aggregate limit of the Consultant’s liability to the Client and any
        Interested Party is:

        £1,000,000

         Within this limit an aggregate limit of £1,000,000 shall apply in relation to claims
        arising out of or in connection with the presence of asbestos (or any product or
        waste that contains asbestos) on the Site.


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Section A                                                           Contract and Project Particulars




1.10    The Client’s address and facsimile number for the delivery of notices are:

        Bridge Norton Parochial Church Council
        c/o Ms Smith
        2 The Glebe
        Church Lane
        Bridge Norton
        YY1 ZZ2

        Facsimile 01234 123456



1.11    The Consultant’s address and facsimile number for the delivery of notices
        are:

        As stated in the tender

1.12    The adjudicator shall be appointed by:

        Chartered Institute of Arbitrators




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Section B                                                               Description of Services

1.13    The optional provisions in Part 6 which are to form part of this contract
        are paragraphs:

        6-1     Provisions where the Consultant's role includes undertaking design and/or
                specification of materials

        6-2   Provisions where the Consultant's role includes acting as contract
              administrator
1.14    The limits of the Consultant’s financial authority are:

         £ ……………………… per item and £ ……………………… in the aggregate.
        [insert the amounts of delegated authority you will allow the Architect/Surveyor]

A2.3 PART 2 – FEE SCHEDULE

        The Fee Schedule shall be:

        As set out in the tender

A2.4 PART 7 – THE SERVICES

        The Schedule of Services shall be:

        As set out in Section B of this document




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Section B                                                                                                                         Description of Services


B PART 7 – THE SERVICES
This is Part 7 of the Schedule referred to in the Form of Agreement

Dated the …………day of ……………………………………………… 20................

Between

The Client

Bridge Norton Parochial Church Council

and

The Consultant

........................................................................................................................................................................



Undertaking the following role of Architect/Surveyor

In connection with the Repair and re-roofing of the chancel and nave roofs to the Church of
St Peter, Bridge Norton.



The Services to undertaken:

 STAGE
 1
 1.1               Carry out a survey of inspection and submit a report to the Client. The report to
                   include:
                       a description and address of the property;
                       the dates during which the survey was undertaken;
                       the name and qualification of the person who carried out the survey;
                        advice on matters relating to Statutory and legal requirements including rights of
                        light, rights of support to rights of way and the like;
                       details of its present condition disclosed by the survey;
                       whether any further investigation is advised;
                       supporting drawings and/or photographs;
                       recommendations (and estimated costs if applicable);
                       an anticipated programme for the completion of the Works;
                        the name and qualification of the person signing the report who should be project
                        architect/surveyor.


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Section B                                                                               Description of Services

 1.2        Receive an initial brief from the Client and assist in identifying possible options and
            expenditure limits. Prepare the Project Brief, maintain and agree the Project brief with
            the Client throughout the Project.
 1.3        Make recommendations to the Client on the need to appoint Consultants to the
            Project Team and on the scope of their Services. Subsequently assist the Client in all
            matters leading to their appointment and prepare detailed briefs covering the scope of
            the Services for which they will be responsible.
 1.4        Carry out an inspection of the site and subsequently consult as necessary with any local
            or other authority including English Heritage on matters relating to the proposed
            Works.
 1.5        Carry out site investigation authorised by the Client, and consult with English Heritage,
            interpret the result and produce a report with recommendations to the Client.
 1.6        Arrange with the other members of the Project Team to undertake preliminary
            feasibility studies based on the Client's brief, discuss with the Client and obtain
            instructions.
 1.7        Liaise with the other members of the Project Team and undertake such further studies
            as may be necessary in order to submit proposals and options to the Client including an
            anticipated programme and costs and undertake all work necessary to obtain the
            Client's approval to proceed on the basis of the Client's approved brief.
 1.8        Make all necessary submissions to Statutory Authorities and English Heritage and obtain
            approvals.
 9          Where necessary act as a witness at any hearing or planning enquiry or the like.
 10         Undertake risk assessments.
 11         Undertake value management exercises.
 12         Obtain the Client's approval to proceed with the preparation of detailed designs up to
            tender stage in accordance with Stage 2.
 STAGE
 2
 2.1        In co-operation with the other members of the Project Team, develop a scheme design
            within the approved cost and submit to the Client for approval giving details of
            proposed specification and Services.
 2.2        Make recommendations to the Client on the need for specialist contractors to design
            and execute any sections of the Works or for specialist suppliers to provide any
            materials or equipment and obtain the Client's approval and take any action necessary
            to implement the Client's decision.
 2.3        Consider the most suitable options for the procurement of the Works and, following
            discussion with the other members of the Project Team, prepare a Procurement
            Strategy, submit to the Client and English Heritage, and obtain instructions.
 2.4        In liaison with the other members of the Project Team assist in the preparation of a
            cost plan based on the approved cost and the anticipated start and completion dates
            and, thereafter, monitor the development of the scheme design against the cost plan
            and report any anticipated difficulty to the Client including proposals for overcoming
            that difficulty and obtain the Client's instructions in sufficient time to allow corrective
            action to be taken.




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Section B                                                                             Description of Services

 2.5        Ensure that the designs and specification for the Works fully comply with all Statutory
            Requirements or Regulations including, but not confined to requirements concerning
            Health and Safety, Planning, Fire, Building Control, etc., and take any action necessary to
            rectify deficiencies.
 2.6        Ensure that the designs and specification for the Works fully comply with all
            denominational or faith group requirements and take any action necessary to rectify
            deficiencies.
 2.7        Ensure that the designs and specification for the Works fully comply with all
            requirements of English Heritage, submit the designs and specification to English
            Heritage and take any action necessary to rectify deficiencies.
 2.8        Ensure that statutory and denominational or faith group approvals for the Project are
            obtained and that all utilities and other necessary services are in place both for the
            construction phase and for permanent operation following completion of the Project
            and, where action by the Client is necessary, assist the Client to take that action.
 2.9        Where the Client has indicated the possibility of a change to the agreed brief during the
            design phase, inform the Client of the cost and programme implications and obtain the
            Client's instructions.
 2.10       Ensure that life cycle costings and environmental assessment techniques are applied to
            the design for the Project and adopt solutions giving the best overall value for money
            and, where this may result in the cost limit for the project being exceeded, make
            recommendations to the Client and obtain instructions.
 2.11       Ensure that the specifications prepared for the Works specifically exclude the use of
            materials accepted as being deleterious at the time and timber is from a forest that
            meet the requirements set out in the current edition of the document titled “UK
            Government Timber Procurement policy- Definition of ‘legal’ and sustainable’ for
            timber procurement”. Subsequently ensure that such materials are not used in
            connection with the Works.
 2.12       In co-operation with the other members of the Project Team, complete the design of
            the Project up to tender stage.
 2.13       Discuss with the Client the need for site inspection staff and obtain instructions.
 2.14       In liaison with the other members of the Project Team, assist to the Client to submit an
            advertisement and prepare and send out a pre-qualification questionnaire to determine
            the suitability of firms who may be invited to submit tender for the main Works and any
            specialist Works. Assist the Client in assessing the submissions.
 2.15       Ensure that all notices required under EC regulations are given at the proper time and
            that all procedures comply with EC legislation.
 2.16       In liaison with the other members of the Project Team, ensure that all drawings,
            specifications, schedules, bills of quantities or other documents necessary for the placing
            of contracts are completed and are fully co-ordinated, are in accordance with the brief
            approved by the Client and are available on the programmed date.
 2.17       Ensure that a pre-tender cost check is prepared based on the tender documentation
            and inform the Client of the result of that check.
 2.18       Agree with the Client final arrangements for the obtaining of tenders.
 2.19       Undertake an access audit to the Site, including access routes to the building, and report
            to the Client. If required
 2.20       Prepare a costed 10 year maintenance plan. If required.



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Section B                                                                              Description of Services

 2.21       Undertake risk assessments.
 2.22       Undertake value management exercises.
 2.23       Obtain the Client's approval to proceed to Stage 3.
 STAGE
 3
 3.1        In liaison with the other members of the Project Team, invite tenders from Contractors
            included on the list approved by the Client and arrange to receive tenders, or for
            tenders to be returned direct to the Client in accordance with the Client's tendering
            procedures.
 3.2        Copy all correspondence regarding the obtaining of tenders direct to the Client.
 3.3        Examine tenders received and, in liaison with the other members of the Project Team,
            carry out an arithmetical and technical check of the contractors’ priced documents
            prior to producing a tender report with recommendations to the Client and advise on
            any corrective action which may be required if the lowest tender is higher than the
            approved cost for the Works and obtain the Client's instructions.
 3.4        Ensure that any tender under consideration for acceptance has received an arithmetical
            and technical check and that any errors have been resolved in accordance with the
            Client's procedure.
 3.5        Report to the Client on the anticipated programme and cash flow based on the
            programme and cash flow of the preferred contractor.
 3.5        Obtain the Client's instructions regarding the acceptance of a tender.
 3.6        In liaison with the other members of the Project Team, provide the Client with
            drawings or other documents necessary for entering into contract.
 3.7        Undertake risk assessments.
 3.8        Undertake value management exercises.
 3.9        Before Stage 4 is implemented ensure that the Client has accepted the selected
            Contractor's tender and that the Client approves that the matters referred to in Stage
            4 can proceed.
 STAGE
 4
 4.1        In collaboration with the other members of the Project Team, assist the Project
            Manager in administering the terms of the Works contract during operations on site
            and relating to the completion of the Works including (but not limited to) all activities
            in connection with the adjudication of disputes between the Client and the Contractor.

 4.2        Administer the terms of the construction contract whilst the Project is under
            construction, undertaking the full range of duties imposed on the Contract
            Administrator by the Works contract in accordance with the timescales therein,
            including (but not limited to) all activities in connection with the adjudication of disputes
            between the Client and the Contractor.
 4.3        Establish and chair regular meetings with the Contractor and Consultants as necessary
            in order to monitor the progress of the Works and the production of design
            information to the Contractor and circulate minutes of the meeting to the Client and to
            others. The minutes shall record the action to be taken to rectify any deficiencies and
            shall indicate who is to be responsible for taking that action. Inform the Client if any
            delay in the production of design information cannot be resolved in time to prevent a
            delay to the Works.
 4.4        Until completion of the project report to the Client at monthly intervals on the


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Section B                                                                           Description of Services

            progress of the Works.
 4.5        Ensure that rigorous safety policies are in place and are implemented by the Contractor
            and Sub-Contractors working on the site and that there is adequate protection for the
            public and others and that Health and Safety Statutory requirements or regulations are
            fully observed.
 4.6        Ensure that rigorous quality management procedures are in place throughout the
            construction phase.
 4.7        Attend the regular meetings with the Contractor and the other members of the Project
            Team as necessary in order to monitor the progress of the Works and the production
            of design information to the Contractor.
 4.8        Visit the site at regular intervals during the construction of the Works in order to
            inspect the quality of the work and to monitor progress and ensure that the Works are
            completed fully in accordance with the contract documents.
 4.9        In liaison with the other members of the Project Team, establish post contract cost
            control procedures in order to ensure financial control covering the issue of
            instructions which vary the Works and the issue of cost reports to the Client.
 4.10       Liaise as necessary with the other members of the Project Team and issue interim
            payment certificates in accordance with the terms of the construction contract.
 4.11       Arrange for any necessary spare equipment, 'as built' record drawings, maintenance
            manuals and general guidance on the operation of the Building and Services to be made
            available in good time in order that they can be provided to the Client on completion of
            the Project.
 4.12       Inform the Client four weeks prior to the anticipated date of completion of the Works.
 4.13       Preparation and issue of Certificates relating to the completion of the Works.

 4.14       Ensure that lists of defects are issued at the appropriate time under the Works
            contract.

 STAGE
 5
 5.1        In liaison with the other members of the Project Team, provide the Client with a set of
            record drawings and guidance on the operation and maintenance of the Project and its
            services.
 5.2        Issue a list of defects to the Contractor at the appropriate time in accordance with the
            terms of the Works contract.
 5.3        Ensure that the Contractor rectifies the defects within a reasonable time and issue a
            Certificate to the Contractor when all defects have been made good.
 5.4        Liaise with the other members of the Project Team regarding final valuation of the
            Works and report the final cost of the Works to the Client.
 5.5        In the event of any arbitration or litigation resulting from the Project prepare any
            necessary documentation and reports and, if required by the Client, attend any hearing
            acting as witness (and subject to the payment of an additional fee).
 5.6        Ensure that the Works are cleaned, tested and commissioned prior to handover to the
            Client.
 5.7        Ensure that all statutory Certificates and Approvals are given to the Client.
 5.8        Make recommendations to the Client regarding any outstanding claims, counterclaims,
            liquidated damages or other contractual issues and receive and implement the Client’s

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Section B                                                                          Description of Services

            instructions.

 5.9        Ensue the Final Accounts are produced in accordance with the Works contract, and
            issue of Final Certificates and, accordingly, make recommendations to the Client.
 5.10       In the event of any arbitration or litigation resulting from the Project prepare any
            necessary documentation and reports and, if required by the Client, attend any hearing
            acting as witness (and subject to the payment of an additional fee in accordance with
            Condition 46 (Payment for changed Services and variations).




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Section C                                                                     The Client Brief


C1      THE CLIENT BRIEF

        Dated the …………day of ……………………………………………… 20..............

        The project is the repair and re-roofing of the chancel and nave roofs to the Church
        of St Peter, Bridge Norton, together with associated timber and masonry repairs.
        The work is to be carried out in accordance with best conservation practice, and to
        the approval of English Heritage. The Church is listed Grade II*.

        The estimated value of the Works contract is £175,000.

        It is intended that the Form of Contract for the Works will be JCT Intermediate
        Building Contract 2011

        The Client has applied for grant from English Heritage and the Heritage Lottery Fund
        under the ‘Repair grants for places of worship in England’ grant scheme. Details of
        the scheme can be found at:

        http://www.english-heritage.org.uk/rgpow

        In particular the following documents should be noted they set out how a grant
        aided project should be carried out:

        Guidance notes
        Managing your grant
        Grant contract
        Maintenance plans
        Access Audits for Places of Worship- an introduction

        The timescale will be that laid down in the grant conditions. Failure to meet the
        deadlines laid down in the contract may result in the grant being withdrawn.

        Anticipated Stage-one project development grant offer: 31 December 2011
        Stage-one submission by:                  Within 12 months of the stage-one offer
        Anticipated Stage-two repair offer:       around 6 weeks from stage one
                                                  submission
        Completion and final claim made           Within two years of the stage-two offer



        The timetable for the grant is given in the ‘Managing your grant’ document.


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Section C                                                                      The Client Brief




        The RGPOW scheme allows for an adjustment of the amount of grant between the
        completion of Stage-one Project Development and the offer of Stage-two Repair
        grant. After this there is no possibility of increasing the grant. This means that once
        the Stage-two grant has been offered, the amount of funding for the Works is set
        and the Client will not expect to make any changes to the contract sum. Every
        opportunity must be made to establish the extent of the Works during the
        development grant, to avoid additional works during the repair grant.




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Section D                                            Instructions to tenderers and selection criteria


D   INSTRUCTIONS TO TENDERERS AND SELECTION
CRITERIA

D1      Tender submission

D1.1    Tender submissions will be assessed in a two part process. The first part is the
        elimination of consultants without suitable technical capability using the following
        criteria:
            1. Consultant has Conservation accreditation – pass/fail.
            2. Consultant can provide evidence of minimum standard of experience by
                providing details of 3 relevant projects, of a similar nature and size, which have
                been undertaken within the last three years – pass/fail.
            3. Consultant can demonstrate that (s)he has the necessary resources available
                (manpower, equipment, and their ability to perform the contract by the
                anticipated deadline) to successfully undertake the commission – pass/fail.

        Particulars relating to the above criteria will be required from tenderers to form the
        tender submission.

D2      Price assessment

D2.1    Tender submissions that pass the above criteria (D1.1) will then be examined for
        price. The commission will then be awarded to the consultant submitting the lowest
        price.

D3      Particulars to accompany the price submission

D3.1    The price submission will be as set out the Consultant’s Offer (see section E of this
        document)

D4      Return of tenders

D4.1    Tenders must be returned to:

        Bridge Norton Parochial Church Council
        c/o Ms Smith
        2 The Glebe
        Church Lane
        Bridge Norton
        YY1 ZZ2


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Section D                                                         Instructions to tenderers and selection criteria



D4.2    Tenders must be returned by:

        12 noon on ............................................

        Late tenders will not be accepted

D5      Clarifications during the tender preparation period

D5.1    If tenderers require answers to queries raised during the tender period, they must
        be in a typed format and submitted with a covering letter or as a facsimile. Answers
        to an individual query will be forwarded to all tenderers in writing.

D6      Confidentiality

D6.1    Each party:

        (1)        shall treat as confidential all information obtained from the other party under
                   or in connection with the tender;

        (2)        shall not disclose any of that information to any third party without the prior
                   written consent of the other party, except to such persons and to such
                   extent as may be necessary for tender purposes; and

        (3)        shall not use any of that information otherwise than for the purpose of
                   tender analysis

D7      Site visits

D7.1    Tenderers shall only visit sites with the prior consent of the Client. Arrangements
        for access can be made by contacting:

        Ms Smith
        2 The Glebe
        Church Lane
        Bridge Norton
        YY1 ZZ2

        Tel 01234 123456

D8      Tender acceptance

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Section D                                            Instructions to tenderers and selection criteria



D8.1    The Employer does not undertake to accept the lowest or any tender submitted.

D9      Tender validity period

D9.1    Tenders are to remain open for acceptance for a period of 90 days beyond the
        submission date.

D10     Format of tender documents

D10.1 Tender documents are to be submitted unaltered and completed in black ink.
      Telephoned, telexed, and faxed tenders will not be accepted

D11     Extension of tender period

D11.1 Any request for an extension of the period for tendering must be received at least
      seven working days before the due date for return, but no undertaking can be given
      that an extension will be granted.

D12     Expenses and losses

D12.1 The Client will not be responsible for or pay any expenses or losses which may be
      incurred by any tenderer in preparing its tender.

D13     Labelling of submission

13.1    Tenders are to be submitted in sealed envelopes bearing only the name and address
        detailed in paragraph D4 above, marked ”TENDER” and giving the tender return
        date. No other identification mark should be included on the envelope.

D14     VAT to be excluded

D14.1 The Consultant’s Offer including expenses, percentages and rates detailed in this
      Document must be exclusive of Value Added Tax which, if applicable, shall be paid
      by the Client to the Consultant.




D15     Fees to be all inclusive




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Section D                                            Instructions to tenderers and selection criteria

D15.1 The lump sum or percentage fees or time charges and rates included in the
      Consultant’s Offer shall be deemed to include for the cost of providing all drawings
      and documents which the Consultant is required to issue in connection with the
      Project.

D16     Agreement to a fixed fee

D16.1 Where the Client so requires, the Client and the Consultant may agree a fixed fee
      for the Consultant’s Services using the Consultant’s Offer as a basis for the agreed
      non-adjustable remuneration payable to the Consultant.

D17     Fees quoted to remain firm

D17.1 All fees, rates and percentages shall remain firm for the whole period of the
      Appointment.

D18     Secretarial and administrative staff

D18.1 The lump sum or percentage fees or time charges and rates shall be deemed to
      include the cost of providing technical staff and staff engaged in secretarial,
      accountancy, administrative or other supporting duties.

D19     Incidental expenses

D19.1 The cost of postage, delivery of documents, telephone calls and similar incidental
      expenses incurred and which are in connection with the Appointment will not be
      reimbursed by the Client and shall be deemed to be included in the fee.

D20     Travelling to be inclusive

D20.1 The lump sum or percentage fees or time charges and rates shall be deemed to
include the cost of travelling and subsistence.




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Section E                                                                   Consultant’s Offer


E CONSULTANT’S OFFER

        To:     Bridge Norton Parochial Church Council (otherwise referred to as the
                Client)

1.      We refer to the Client’s letter dated [insert date] inviting us to submit an offer to
        provide the Services identified in Section B of the Tender Documentation (PART 7 –
        THE SERVICES) and in accordance with the CIC Consultants' Contract Conditions -
        first edition 2007 (amended and completed as set out in Section B of the Tender
        Documentation).

2.      We confirm that we are prepared to provide the Services in accordance with the
        said documents herein referred to and for the following fee schedule which shall
        form Part 2 of the contract:



FEE SCHEDULE (TO FORM PART 2 OF THE CONTRACT)

2–1     The Fee

2–1.1 Lump sum: The Fee shall be the lump sum of

        £……………….. for the access audit (if required) as 2.19 of the Services

        £……………….. for the costed maintenance plan (if required)
        as 2.20 of the Services

2–1.2 Percentage: The Fee for providing the services, excluding the access audit and costed
      maintenance plan, shall be …………………………. per cent of the Construction
      Cost.

        Until the Construction Cost is known, the latest estimate of such cost shall serve as
        the Construction Cost.



2–1.3 Time charge: Not Applicable



2–1.4 Other: Not Applicable



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Section E                                                                     Consultant’s Offer

2–2     Expenses and disbursements

        The expenses and disbursements referred to in §3–8.2 shall be:

        All expenses and disbursements incurred by the Consultant in performing the
        Services shall be deemed to be included in the Fee.

2–3     Instalment payments

        The instalments referred to in §3–8.3 shall be as follows:

        instalment date, stage or milestone                                   amount or % or
time

        Completion of Stage 1                                                 15%

        Completion of Stage 3                                                 60%

        Completion of Stage 4                                                 90%

        Completion of Stage 5                                                 100%

        (see Part 7 - The Services, Section B of the Tender Documentation for definition of
        stages)



2–4     Related provisions

2–4.1 Where time charges are to apply to the performance of any Additional Services
      and/or adjustment to the Fee under §3–9 the following time charge rates shall apply:

        person/grade                                              rate per:
                                                          hour                day

        Partner or Director                               £…………..             £…………..

        Project Architect/Surveyor                        £…………..             £…………..

        Technician                                        £…………..             £…………..

        Other                                             £…………..             £…………..

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Section E                                                                  Consultant’s Offer




2–4.2 The resource-based breakdown of the Fee (to be used only for the purpose of
      §3–16.2.1) shall be as follows:

        As set out in 2-3 above

3.      “The Consultant” under the terms of the contract shall be:

        ……………………………………………………………………………………..
        of

        ……………………………………………………………………………………..

        ……………………………………………………………………………………..

        ……………………………………………………………………………………..

        ……………………………………………………………………………………..



4.      “The Consultant’s Representative” under the terms of the contract shall be:

        ……………………………………………………………………………………..



5.      “The Project Architect/Surveyor” under the terms of the contract shall be:

        ……………………………………………………………………………………..
        (Who must be an Architect or Chartered Building Surveyor and be conservation
        accredited).

6.      The Consultant address and facsimile number for the delivery of notices shall be:

        ……………………………………………………………………………………..

        ……………………………………………………………………………………..

        ……………………………………………………………………………………..

        ……………………………………………………………………………………..

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Section E                                                                                                                                 Consultant’s Offer



             ……………………………………………………………………………………..

             Facsimile number …………………………........

 7.          We agree that we will not disclose to any person other than the person to whom
             this Offer is addressed the amount or approximate amount of our Offer except
             where such disclosure is necessary to obtain insurance premium quotations required
             for the preparation of the Offer.

8.           We confirm that we will provide the required documentation as prescribed by The
             Income Tax (Subcontractors in the Construction Industry) (Amendment)
             Regulations 1998 if and when required.

9.           We confirm that we will provide the necessary documentation as evidence of us
             holding the professional indemnity insurance required by the contract, if and when
             required.



Signed: ......................................................................................................................................

Name [in capital letters] ............................................................................................................

On behalf of: ................................................................................................................................

Position: .......................................................................................................................................

Address: .......................................................................................................................................

......................................................................................................................................................

Date: ............................................................................................................................................




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