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Contractor's Responsibility to Agree a Suitable Access Route for His Proposed Plant with the Landowners

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Contractor's Responsibility to Agree a Suitable Access Route for His Proposed Plant with the Landowners • a new • engineering contract • document Engineering and Construction Short Contract Ref: 25320 Title: South Woodham, Gosses Farm, Hydemarsh, Old Hall Marshes, Rolls Farm, Creeksea, St. Lawrence and Tollesbury Wick Vegetation Clearance works (22466 call- off) Notes about this contract are printed in boxes like this one. They are not part of the contract. Tender Pack Contents Ref: 25320 Title: South Woodham, Gosses Farm, Hydemarsh, Old Hall Marshes, Rolls Farm, Creeksea, St. Lawrence and Tollesbury Wick Vegetation Clearance works (22466 call-off) Information for tenderers Tender Cover Section 1 Background Information Section 2 Contract Data Section 3 The Contractor’s Offer / The Employer’s Acceptance Section 4 Price List Section 5 Works Information Section 6 Site Information Section 7 Health & Safety Section 8 Appendices 1 Information for tenderers (This information is not part of the contract) Tender Documents 1 Tenderers should receive the following documents: Information to tenderers Tender Cover Section 1 Background Information Section 2 Contract Data Section 3 The Contractor’s Offer / The Employer’s Acceptance Section 4 Price List Section 5 Works Information Section 6 Site Information Section 7 Health & Safety Section 8 Appendices If you have not received a document please notify your EA procurement contact immediately. Acknowledgement 2 Please promptly acknowledge receipt of documents and letters using the form(s) provided. Clarification 3 If the documents are unclear or you need extra information from the Environment Agency to complete your bid, write, fax or email your EA procurement contact. Replies will be in writing with copies to all tenderers. Additions or corrections 4 If the Environment Agency needs to provide extra information or correct an to documents existing document a supplementary letter will be sent all tenderers. Site visits 5 You are recommended to visit the site of any work before you tender. Before a visit you must make an appointment by contacting the project manager. If you are unable to 6 If you are unable to submit a tender please immediately notify the EA tender procurement contact and return all the documents. Please also notify the Environment Agency of the reasons for withdrawal. Time and place to return 7 Tenders must be emailed to the Procurement Contact that sent out the tenders competition documents. 8 Tenders must arrive not later than 12:00 noon on the required date 9 Tenders submitted after the latest time for return may be considered if there is clear evidence (e.g. post office franked postmark) that the Tender had been despatched in adequate time to allow arrival. Completing the tender 10 Please complete in black ink all the spaces provided for completion. 11 Your Tender must comply with the enquiry documents as issued. 12 If your own or Subcontractor’s terms, conditions or specifications are referred to on documents included with your tender, then you must make it clear that they do not apply. 13 All prices and rates should exclude VAT. Price List 14 The Price List is included in Section 4. It must be extended and fully totalled. Alternative proposals 16 The Environment Agency is committed to continuous improvement. If you consider you can offer any advantage by submission of an alternative offer you are encouraged to do so, but it will only be considered if it constitutes a fully priced alternative tender and is submitted in addition to a fully compliant tender. Assessment of tenders 17 Received tenders are arithmetically checked. Simple errors are corrected, and a revised total calculated with the activity/unit prices or rates remaining unaltered. Tenderers will be notified of any errors and asked either to confirm the revised total or withdraw the tender. 18 If significant errors in pricing, arithmetic or other details are discovered the tender may be rejected. 19 Received tenders after arithmetical checking are assessed either on price alone or the most economically advantageous tender on the basis of cost and quality. 2 Information for tenderers (This information is not part of the contract) General 20 The Environment Agency do not undertake to accept the lowest or any tender. 21 The Environment Agency will not pay any of your tendering costs. 3 Section 1 Background Information Ref: 25320 Title: South Woodham, Gosses Farm, Hydemarsh, Old Hall Marshes, Rolls Farm, Creeksea, St. Lawrence and Tollesbury Wick Vegetation Clearance works (22466 call- off) The Environment Agency (the Agency) was established on 1 April 1996 from the merging of the National Rivers Authority, Her Majesty’s Inspectorate of Pollution and the Local Waste Regulation Authorities. The Agency is responsible for the protection and management of the environment in England and Wales by combining the regulation of land, air and water. The Agency is structured into eight regions, each with its own area offices and employs in excess of 10,000 staff. The Head Office is situated in Bristol with an office in London. The Environment Agency has Operations Delivery teams that manage the routine maintenance of designated watercourses. A framework is required to provide a competent skilled works team to undertake specific tasks in support of primarily the Flood Risk Management and the Operations Delivery works programmes. In general terms the defined services require contractors to undertake routine maintenance of designated watercourses and other minor projects within the defined works programmes. Contract Strategy Work will involve the complete removal of all woody growth above ground level on the front face, crest and back slope of the seawall. The existing woody growth is to be cut as close to ground level as is practicably possible, chipped or removed from site. All stumps to be ground out. Evaluation Criteria Tenders will be evaluated based of cost and quality. The Cost: Quality split will be 60:40. The quality element will be evaluated on the following: • Proposed Methodology • Previous Experience of similar work undertaken • Health & Safety • Deliverability 4 Section 2 Contract Data The Employer is Name The Environment Agency Address Nick Purdie Environment Agency Chelmsford Office Brookend Road (South) Chelmsford Essex CM2 6NZ Telephone 01473 706100 E-mail address [email protected] The works are South Woodham, Gosses Farm, Hydemarsh, Old Hall Marshes, Rolls Farm, Creeksea, St. Lawrence and Tollesbury Wick Vegetation Clearance works (22466 call-off) The site is South Woodham, Gosses Farm, Hydemarsh, Old Hall Marshes, Rolls Farm, Creeksea, St. Lawrence and Tollesbury Wick Vegetation Clearance works (22466 call-off) The starting date is 25/10/2010 The completion date is 03/11/2010 The period for reply is 2 weeks The defects date is 52 weeks after Completion The defects correction period is 4 weeks The delay damages are ………………… per day The assessment day is the The last working day of each month The retention is ………………… % The Adjudicator is the person appointed as follows: In the event that a first dispute is referred to adjudication, the referring Party at the same time applies to the Institution of Civil Engineers to appoint an Adjudicator. The application to the Institution includes a copy of this definition of the Adjudicator. The referring Party pays the administrative charge made by the Institution. The person appointed is also Adjudicator for later disputes. 5 Section 2 Contract Data The interest on late payment is 8% per annum above the Bank of England Base Rate. The Contractor is not liable to the Employer for loss of or damage to the Employer’s property in excess of £100,000 for any one event The Employer provides this insurance None The minimum amount of cover for the third insurance stated in the Insurance Table is £5, 000, 000 The tribunal is Litigation in the courts The conditions of contract are the third edition (June 2005) of the NEC Engineering and Construction Short Contract. Subject to project/programme specific details the NEC 'Term Services Contract' may be considered as an alternative to the ECSC. The following additional conditions apply 1. Environment Agency as regulatory The Environment Agency’s position as a regulatory authority and as authority Employer under the contract are separate and distinct. Actions taken in one capacity are deemed not to be taken in the other. Where statutory consents must be obtained from the Environment Agency in its capacity as a regulatory authority, the Contractor is responsible for obtaining these and paying fees. The Environment Agency’s acceptance of a tender and the Employer’s instructing or varying work does not constitute statutory approval or consent. 2. Correctness of Site Information Site Information about the ground, subsoil, ducts, cables, pipes and structures is provided in good faith by the Employer but is not warranted correct. The Contractor checks the correctness of any such Site Information he relies on for Providing the Works. 3. The Contracts (Rights of Third A person or organisation who is not one of the Parties may not enforce a Parties) Act 1999 term of this contract under the Contracts (Rights of Third Parties) Act 1999. 4 Changes in the law A change in the law of England is a compensation event if it occurs after the contract date. 5 Time and material work If work is instructed on a time and material basis, clause 6, (Compensation events) does not apply and the Price for Work Done to Date does not exceed the total of the Prices in the Works Instruction or a later forecast of the total notified by the Contractor and accepted by the Employer. The Employer may decline to accept a forecast for any reason. 6 Prevention Delete first sentence of clause 62.2 and replace with: “Quotations for compensation events except for the compensation event described in 60.1(12) comprise proposed changes to the Prices or rates and any delay to the Completion Date assessed by the Contractor.
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