Docstoc

APPOINTMENT DOCUMENTATION

Document Sample
APPOINTMENT DOCUMENTATION Powered By Docstoc
					Tender Documentation Notes (NOT TO BE SENT OUT WITH TENDER)

Attached to this document is a suggested format of the tender documentation to be sent
out with the invitation to tender to professional advisers. 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; this is one that would 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 documentation here is only suitable for the CIC form, and will need to be
re-written if you wish to use another form. 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.



A1 The Contract
This defines the contract, and makes the only amendment to the contract, which is to bring
it in line with the conditions of grant for the copyright (and Intellectual Property rights) of
the material that is produced with grant money.

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 executed as a deed or under hand, if you intend to execute the
           contract as a deed you will need to amend the highlighted text to “as a deed”.


1 Royal Institute of British Architects
2 Royal Institution of Chartered Surveyors

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
Tender Documentation Notes (NOT TO BE SENT OUT WITH TENDER)
        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 your representative.

        1-4     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.

        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;

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
Tender Documentation Notes (NOT TO BE SENT OUT WITH TENDER)
                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.




                Insert your name or your organisation‟s name, and the brief description of
                the works on Page 8

                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. You will need to date the
                document. This date will also need to be inserted at 1-2 on page 5.

        Provide a short description of the work. You will need to amend the form of
               contract if you intend using another for the Works.

        Check the dates for the offer of grant etc. The date of offer for the project
              development or one-off repair grants is usually six months after the deadline
              for the grant application.

        D       INSTRUCTIONS TO TENDERERS AND SELECTION CRITERIA

        D1.1    We suggest that the tenders are awarded on the basis of price, the building
                surveyors/architects tendering having been selected on the basis of the
                experience and expertise. However, if you decide to judge the tenders on
                the basis of quality and price, you will need to state that here giving the
                weighting of price and quality. To read:



Tender Document (Professional adviser).doc from EH website v.1 Dec 10
Tender Documentation Notes (NOT TO BE SENT OUT WITH TENDER)

D1      Price submission

D1.1    Tender submissions shall be judged on price and quality

                 *The maximum quality score will be 70%

                *The maximum price score will be 30%

        You will also need to amend D2

        D2.1 If you have decided to award the tender on the basis of quality and price, you
        will need to amend the heading to D2 to read:

D2      Particulars to accompany the quality submission

D2.1    Particulars relating to the following criteria will be required from tenderers to form
        part of the quality submission:

                                                                                  Weighting


         Understanding the needs of the Client                                           35%


         Your approach to the commission and how you will meet the needs
         of the Client.                                                                  35%


         Communication skills (demonstrated by the submission)                           30%



        The award criteria should not use experience, expertise, or financial standing, as
              these should be used for selecting tenderers. You can use alternative criteria
              and weightings, but you need to amend them here.

        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 the information given here matches
                that you have given in the Tender Letter.



Tender Document (Professional adviser).doc from EH website v.1 Dec 10
Tender Documentation Notes (NOT TO BE SENT OUT WITH TENDER)

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

        SECTION E – CONSULTANTS OFFER

        On page 20 insert your name and the date of the letter inviting tenders.

        CONTRACT AWARD

        Once the successful building surveyors/architect has been decided, you will need to
        write to them awarding them the commission. A suggested draft letter is provided.
        A letter should also be sent to the unsuccessful tenderers thanking them for
        tendering, but informing them they have been unsuccessful.

        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.




Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT




                               TENDER DOCUMENTATION

                                       for the provision of

                                         THE SERVICES

                                                  of

                          ARCHITECT/BUILDING SURVEYOR

                                                 for

                      REPAIRS TO THE CHURCH OF ST PETER
                               BRIDGE NORTON




THE CIC Conditions                               Page1

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT



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

       Clause 3-11.3.1 shall be deleted
THE CIC Conditions                               Page2

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section A                                                                Contract and Project Particulars




        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
 THE CIC Conditions                               Page3

 Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

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:
 THE CIC Conditions                               Page4

 Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section A                                                                      Contract and Project Particulars




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



 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:


 THE CIC Conditions                                 Page5

 Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section A                                                                Contract and Project Particulars



        £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.




 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



 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
 THE CIC Conditions                               Page6

 Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section A                                                                Contract and Project Particulars



 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




 THE CIC Conditions                               Page7

 Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section B                                                                                                                         Description of Services


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);

THE CIC Conditions                                                                Page8

 Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section B                                                                             Description of Services

              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.
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.




THE CIC Conditions                                    Page9

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section B                                                                               Description of Services

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.

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.




THE CIC Conditions                                     Page10

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section B                                                                             Description of Services

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.
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.


THE CIC Conditions                                   Page11

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section B                                                                              Description of Services

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
            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




THE CIC Conditions                                    Page12

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section B                                                                           Description of Services

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
            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).


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 2*.

       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 Revision 2 2009




THE CIC Conditions                                   Page13

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section C                                                                             Client Brief



       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/server/show/nav.1122

       In particular the following documents should be noted:

       Guidance notes
       Managing your grant
       Grant contract
       Maintenance plans
       An Introduction to Access Audits for Places of Worship

       The time scale will be that laid down be the grant conditions:

       Anticipated Stage-one offer:                       31 December 2008
       Stage-one submission by:                           Within 12 months of the stage-one offer
       Anticipated Stage-two offer:                       February/March 2010
       Completion and final payment made                  Within two years of the stage-two offer



       The timetable for the stage-one grant given in the „Managing your grant‟ document is
       given below:

       Failure to meet the Stage-one submission date will result in the Stage-two grant not
       being offered, and may also result in the second payment of the Stage-one grant not
       being made.

       Failure to completion of the Works, and final payment made within two years on the
       Stage-two offer may result in any out standing amounts of grant not being made.

       It is imperative to comply with the Grant timetable.

       The grant scheme only allows for an adjustment of the amount of grant between the
       completion of Stage-one (Development Grant) and the offer of Stage-two (Repair
       Grant). There is no possibility of an increase in grant. Once the Stage-two grant has
       been offered, the amount of funding for the Works is set and the Client can not
THE CIC Conditions                               Page14

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section C                                                                      Client Brief



       afford an increase in 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.




THE CIC Conditions                               Page15

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section D                                                         Instructions for Tenderers and Selection Criteria


D   INSTRUCTIONS TO TENDERERS AND SELECTION
CRITERIA

D1     Price submission

D1.1   Tender submissions shall be judged on price

D2     Not used

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

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

THE CIC Conditions                                               Page16

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section D                                         Instructions for Tenderers and Selection Criteria

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

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


THE CIC Conditions                               Page17

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section D                                         Instructions for Tenderers and Selection Criteria

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

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.



THE CIC Conditions                               Page18

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section D                                         Instructions for Tenderers and Selection Criteria

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.




THE CIC Conditions                               Page19

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section E                                                                  Consultant’s Offer


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




THE CIC Conditions                               Page20

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section E                                                                    Consultant’s Offer

2–1.4 Other: Not Applicable

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                         £…………..            £…………..
THE CIC Conditions                               Page21

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section E                                                                 Consultant’s Offer



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

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



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:

       ……………………………………………………………………………………..
THE CIC Conditions                               Page22

Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

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: ............................................................................................................................................


THE CIC Conditions                                                                Page23

 Tender Document (Professional adviser).doc from EH website v.1 Dec 10
SUGGESTED FORMAT

Section E                                                               Consultant's Offer




THE CIC Conditions                               Page24

Tender Document (Professional adviser).doc from EH website v.1 Dec 10

				
DOCUMENT INFO