Medium Works Contract Contract Information Sheet



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Medium Works Contract

Contract Information Sheet

School name:

Address of School:

Brief description of the project:

Estimated cost of project: $

Ministry Case Manager:
Note: some of the information requested in this form may not be available until post-tender.
This Contract Information Sheet is for use on Ministry led contracts and relates to the Medium Works Contract.
The Project Manager should provide as much of the information set out below in blue as he or she can, and send this form to EIS Legal who will then prepare a draft contract for the Project Manager to include with the tender documents. This form may also be updated post-tender when more information is available, and sent with the Project Manager’s request to EIS Legal to finalise the contract for signing by the parties.



Clause

Subject

Special Condition

Contract

The Contractor is:

Address:

Phone number:

Fax Number:

Email address:

[insert]

[insert]

[insert]

[insert]

[insert]

3.1

The Principal's Representative is:

Address:

Phone number:

Fax number:

Email address:


[insert]


[insert]

[insert]

[insert]

[insert]

2.1.2

Commencement Date:

[insert date]

2.1.3

Principal Supplied Items:

[list any Ministry supplied materials or items that will be incorporated in the Works]

2.5

Separate Contractors:

[insert]

2.6.2

Are monthly health and safety reports required?

(Yes or No)

[this will be determined by the nature and duration of the Works]

2.9.1

Public liability insurance

$2,000,000

[Note: this is the minimum limit required. There may be circumstances where this limit should be raised, particularly where there is a high degree of risk to third party property]

2.11

Exceptions to the Contractor's obligation to obtain consents under 2.11 are:

[list any consents, producer statements or compliance certificates to be obtained by the Principal. Also refer to Note at 5.3.4]

2.12

Nominated Subcontractors and Suppliers:

[insert]

2.14

Exceptions to Contractor owned or licenced proprietary and intellectual property rights are:

[“None” or list the exceptions]

3.5.2(a)

The existing structures are:

[For the purposes of the contract, “existing structures” are defined as being those structures directly affected by construction activity e.g. where the construction involves working in, on, under, over or in connection to existing structures. Existing property insurance policies will need to be checked with the policy provider to ensure that the policy covers damage arising from construction activity]

3.5.2(b)

Other structures in the vicinity are:

[For the purposes of the contract “other structures in the vicinity” are those structures within the defined boundary of the construction site. Existing property insurance policies already in place will need to be checked with the policy provider to ensure that it covers damage arising from construction activity]

5.1

Due Date for Completion

[insert date]

5.3.4(d) and (e)

Code Compliance Certificate or Certificate of Public Use

Prior to the issue of the Practical Completion Certificate the Contractor shall provide to the Principal:

(a) A Code Compliance Certificate (CCC) for the Works; or

(b) A Certificate of Public Use (CPU) for the Works.

[Delete provision which does not apply]

[Note: as a minimum a CPU must be a pre-requisite for Practical Completion.

You must check with the relevant Local Authority as to whether the issue of a CPU will be permissible before selecting option (b).

In some instances the contractual obligation on the Contractor to achieve CCC may be preferred or a local authority may not be willing to issue a CPU ahead of CCC, in which case select option (a) (CCC).

The selection of CCC as a completion pre-requisite will have an impact on programme and availability of the facility for use and as such close consideration should be given to this.

If option (a) (CCC) is selected, ensure the Contractor has included an appropriate allowance in its programme for obtaining the CCC prior to the Due Date for Completion]

5.3.4(f)

Weathertightness Warranty

Is the Contractor to provide a Weathertightness Warranty?

Yes  No [tick the appropriate box]



5.3.4(g)

Additional requirements for Practical Completion

Prior to issue of the Practical Completion Certificate the Contractor must provide to the Principal the following additional documents and information:

[list any additional requirements for Practical Completion – i.e. not covered under 5.3.4(a)-(f]]

5.25

Salvaged Materials

(Insert “None” or list all salvaged materials which are to remain in the Principal’s ownership or insert reference to document in which where they are listed)

6.1

Defects Notification Period


[6] months

[Note: 6 months is the standard period unless:

  • the Works includes work that could impact on weathertightness, or include substantial mechanical or electrical work, or include multiple sub-trades, in which case the period is “12 months”;

  • the Works are limited to demolition of an existing building, in which case a Defects Notification Period is not required, and you should insert “0 months”]

7.1

Type of Contract

The Contract is a:

(a) Lump sum contract; or

(b) Cost reimbursement contract.

[delete provision which does not apply]

[Note: cost reimbursement should only be used in exceptional circumstances, for example, emergency repair work]

7.2.1

Lump Sum Contract Price

$[insert agreed figure]

7.2.2(b)

Allowance for Margin

In a cost reimbursement contract, the allowance for Contractor's margin is:

[insert]%

7.4

Payment Claims

The period/s for the Contractor's payment claim/s is/are:

(a) Upon Practical Completion;

(b) Monthly; or

(c) Upon completion of the following milestones:

Milestone % of Contract Price

………………………. [xx]%

………………………. [xx]%

………………………. [xx]%



[delete provision which does not apply]

7.9

Retentions

10%

[this should not be reduced, the level has been set taking into account that there is not a performance bond required for this contract]

8.5

Liquidated Damages

$[insert] per calendar day

[Note: liquidated damages (“LDs”) must be a genuine pre-estimate of the likely loss that would result from a delay of completion. When calculating a figure for LDs consider the following costs:

  • additional consultant costs (e.g. project manager and/or architect);

  • legal costs;

  • costs for alternative student classroom space;

  • costs associated with hiring other facilities;

  • other costs to the School (e.g. discounted supplier rates which may be missed due to delays)]

Appendix 9

Subcontractor Warranties

[Please review Appendix 9 and add/ amend table as appropriate for the specific requirements of the project]




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