Barclodiad y Gawres Neolithic Burial Chamber MINOR BUILDING WORKS VOLUME 1 CONTRACT DATA September 2014 Capita Bryn Eirias Abergele Road Colwyn Bay CONWY LL29 8BY Tel: 01492 510200 Fax: 01492 510201 ENW I’R CYNNIGWR ………………………………………………………………………NAME OF TENDERER nec3 Engineering and Construction SHORT CONTRACT A contract between CADW Welsh Historic Monuments CADW office, Welsh Government, Plas Carew, Unit 5/7 Cefn Coed, Parc Nantgarw, Cardiff CF15 7QQ and ………………………………………………………….. ………………………………………………………….. ………………………………………………………….. for Barclodiad y Gawres Minor Building Works Contents Page Form of Tender Incorporating Anti Collusion Certificate Form of Agreement by Deed Form of Parent Company Guarantee Contract Data The Contractor’s Offer The Employer’s Acceptance Price List Works Information Site Information Conditions of Contract CC1 Appendices Appendix A – Special Requirements of WEFO and Statutory Undertakers Appendix B – Specification Appendix C – Capita - Drawings Appendix D – Chris Pike - Conservation Engineering – Drawings & Specification Appendix E – Purcell – Conservation Architects - Drawings & Specification Appendix F – Solar Candela – Illuminating Power Solutions – Drawings & Specification Appendix G – Surveys and Records from CADW for information only Prepared by: Jon Stoddard Date: September 2014 Checked by; Date: September 2014 Approved by: Date: F:\~Projects\SAP\063___\63944-Barclodiad y Gawres\CONTRACT\~Contract\NEC SHORT CONTRACT DATA - V2.doc - 1 - SHORT TITLE OF WORKS: All Permanent and Temporary Works in connection with the: Barclodiad y Gawres Minor Building Works Contract FORM OF TENDER INCORPORATING ANTI-COLLUSION CERTIFICATE To CADW Welsh Historic Monuments Having examined the Drawings, Conditions of Contract, Specification and Price List for the construction of the above mentioned Works (and the matters set out in the Appendix hereto), we offer to construct and complete the whole of the said Works and maintain the Permanent Works in conformity with the said Drawings, Conditions of Contract, Specification and Price List for such sum as may be ascertained in accordance with the said Conditions of Contract. We undertake to complete and deliver the whole of the Permanent Works comprised in the Contract within the time(s) stated in the Appendix hereto. Unless and until a formal Agreement by deed is prepared and executed this Tender, together with your written acceptance thereof, shall constitute a binding Contract between us. We understand that you are not bound to accept the lowest, most economically advantageous or any tender you may receive. Dated this _____________________________ day of __________________20 _____ Signature _____________________________________________________________ In the capacity of _______________________________________________________ Duly authorised to sign tenders for and on behalf of: (in BLOCK CAPITALS ) ________________________________ Postal Address ________________________________ ________________________________ ________________________________ ________________________________ Tel. No. _________________ Fax No.__________________ F:\~Projects\SAP\063___\63944-Barclodiad y Gawres\CONTRACT\~Contract\NEC SHORT CONTRACT DATA - V2.doc - 2 - ANTI-COLLUSION CERTIFICATE (1) We certify that this tender is made in good faith, and that we have not fixed or adjusted the amount of the tender by or under or in accordance with any agreement or arrangement with any other person. We also certify that we have not and we undertake that we will not before the award of any contract for the work: (i) (a) communicate to any person other than the Employer or a person duly authorised by him in that behalf the amount or approximate amount of the tender or proposed tender, except where the disclosure, in confidence, of the approximate amount of the tender was necessary to obtain insurance premium quotations required for the preparation of the tender; (b) enter into any agreement or arrangement with any person that they shall refrain from tendering, that they shall withdraw any tender once offered or vary the amount of any tender to be submitted. (ii) pay, give or offer to pay or give any sum of money or other valuable consideration directly or indirectly to any person for doing or having done or causing or having caused to be done in relation to any other tender or proposed tender for the said work, any act or thing of the sort described at (i) (a) or (b) above. (2) We further certify that the principles described in paragraph 1(i) and (ii) above have been, or will be, brought to the attention of all sub-contractors, suppliers and associated companies providing services or materials connected with the tender and any contract entered into with such sub- contractors, suppliers or associated companies will be made on the basis of compliance with the above principles by all parties. (3) In this certificate, the word "person" includes any persons and any body or association, corporate or unincorporated; and "any agreement or arrangement" includes any transaction, formal or informal, and whether legally binding or not; and "the work" means the work in relation to which this tender is made. Dated this ____________________________ day of ________________20 _____ Signature __________________________________________________________ In the capacity of_____________________________________________________ Duly authorised to sign tenders and acknowledge the contents of the Anti - Collusion Certificate for and on behalf of: (in BLOCK CAPITALS ) ________________________________ Postal Address ________________________________ ________________________________ ________________________________ Tel. No. _______________ Fax. No. ________________ F:\~Projects\SAP\063___\63944-Barclodiad y Gawres\CONTRACT\~Contract\NEC SHORT CONTRACT DATA - V2.doc - 3 - FORM OF AGREEMENT BY DEED THIS DEED is made the ____________ day of __________________ 20_____ BETWEEN CADW Welsh Historic Monuments (hereinafter called "the Employer") of the one part and _____________________________________________________________________ of ___________________________________________________________________ in the County of ________________________________________________________ (hereinafter called "the Contractor") of the other part. WHEREAS the Employer is desirous that certain Works should be constructed, viz. the Permanent and Temporary Works in connection with: Barclodiad y Gawres Minor Building works and has accepted a Tender by the Contractor for the construction and completion of such Works and maintenance of the Permanent Works. NOW THIS DEED WITNESSETH as follows:- (1) In this Deed words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to. (2) The following documents shall be deemed to form and be read and construed as part of this Deed, viz:- (a) The said Tender. (b) The Drawings. (c) The Conditions of Contract. (d) The Works Information. (e) The Price List (f) Site Information (3) In consideration of the payments to be made by the Employer to the Contractor as hereinafter mentioned the Contractor hereby covenants with the Employer to construct and complete the Works and maintain the Permanent Works in conformity in all respects with the provisions of the Contract. (4) The Employer hereby covenants to pay to the Contractor in consideration of the construction and completion of the Works and maintenance of the Permanent Works the Contract Price at the times and in the manner prescribed by the Contract. F:\~Projects\SAP\063___\63944-Barclodiad y Gawres\CONTRACT\~Contract\NEC SHORT CONTRACT DATA - V2.doc - 4 - FORM OF AGREEMENT BY DEED IN WITNESS whereof the parties hereto have caused their respective Common Seals to be hereunto affixed (or have hereunto set their respective hands and seals) the day and year first above written. EXECUTED AS A DEED BY _________________________________________(Name of Company) [The Common Seal of________________________________________ Limited was hereunto affixed to this Deed in the presence of: (Director) ] or [signed: (1) ______________________________ (Name) ______________________________ (Address) _______________________________ _______________________________ (Director) [signed: (1) ______________________________ (Name) ______________________________ (Address) _______________________________ _______________________________ (Director) (Secretary) The Common Seal of CADW Welsh Historic Monuments was hereunto affixed to this Deed in the presence of: (Name) A Duly Authorised Officer of the said Council F:\~Projects\SAP\063___\63944-Barclodiad y Gawres\CONTRACT\~Contract\NEC SHORT CONTRACT DATA - V2.doc - 5 - FORM OF PARENT COMPANY GUARANTEE 1.1 THIS GUARANTEE is made the day of 20 1.2 BETWEEN 1. Ultimate Parent [ ] (company no [ ]) Company whose registered office is at] [ ] 2. Employer CADW Welsh Historic Monuments 1.3 RECITALS A. The Employer has entered into a contract dated [ ] ("the Contract") with [ ] ("the Contractor") whose registered office is at [ ] to carry out and complete [the works ……….] for a price, as defined in the Contract, of […………..……] pounds, [£…………] in accordance with the Contract No […….]. B. Under the terms of the Contract, the Contractor is required to procure a guarantee to be given by its ultimate parent company for the due performance of all the Contractor's obligations or liabilities under the Contract. 1.4 OPERATIVE PROVISIONS 1. Unless the context otherwise requires words and expressions in this