Dated
(1) FORESTRY COMMISSION
(2) CONTRACTOR
CONRACT NUMBER : R06/12
CONTRACT
ICE CONDITIONS OF CONTRACT MINOR WORKS 3RD EDITION (APRIL 2001) AS
AMENDED BY AMENDMENT REFERENCE ICE/MW3/CLAUSE-66/JULY 2004 AND
AMENDED BY AMENDMENT REFERENCE ICE/CDM07/MARCH 2007
In relation to off-road cycle trail construction works at Leigh Woods, Bristol
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FORM OF AGREEMENT
THIS AGREEMENT is made the
day of
BETWEEN
(1)
FORESTRY COMMISION (Company No N/A) whose registered office is: Bank
House, Bank Street, Coleford, Gloucestershire, GL16 8BA (“the Employer”); and
(2)
CONTRACTOR (Company No xxx) whose registered office is: (“the Contractor”).
BACKGROUND
(A)
The Employer wishes to have certain Works carried out, namely the construction of
3.6km of moderate (blue) grade, 1.1m of difficult (red) grade and 860m of hand-built
moderate (blue) grade off road cycle trail within a given corridor along with skills
features along the trail corridor and has accepted a tender by the Contractor for the
construction and completion of such Works (“the Tender”).
(B)
The parties have agreed that the Institution of Civil Engineer’s Conditions of Contract
– Minor Works, 3rd Edition (April 2001) (“Conditions of Contract”) shall be amended
as set out in the schedule of amendments at Appendix 1 to this Form of Agreement
(“Amendments”).
NOW THIS AGREEMENT WITNESSES as follows:
1.
In this Agreement words and expressions shall have the same meanings as to
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 Agreement, namely the:
2.1.
the Tender (Reference number: RO6/12);
2.2.
the Drawings (included in the Tender);
2.3
the Conditions of Contract consisting of the ICE Conditions of Contract Minor
Works 3rd edition April 2001 reprinted with an amendment July 2004
incorporating ICE Amendment Reference: ICE/MW3/Clause – 66/July 2004,
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ICE Amendment Reference: ICE/CDM 07/March 2007 and incorporating the
Amendments;
3.
2.4
the Specification (included in the Tender);
2.5
the Construction Programme, produced by the Contractor; and
2.6
the additional documents referenced in the Appendices.
The amendments to the Conditions of Contract set out in the Amendments are
hereby incorporated in the Agreement and the Conditions of Contract shall have
effect as so modified.
4.
In consideration of the measure and value payment to be made by the Employer to
the Contractor as hereinafter mentioned the Contractor hereby covenants with the
Employer to carry out and complete the Works in conformity in all respects with the
provisions of the Contract for the Contract Price of £xx,xxx.xx (Price in words)
exclusive of VAT. Payments are to be made at intervals following practical completion
of the work items indentified in the Tender. Payment for additional work items
identified in the Tender shall be made following certificate of practical completion by
the Engineer.
5.
No amendment or addition to the Contract shall be binding on the parties hereto
unless in writing and signed on behalf of each of the parties by their duly authorised
agents.
6.
The Employer hereby covenants to pay to the Contractor in consideration of the
carrying out and completion of the Works the Contract price at the times in the
manner prescribed in the Contract.
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SIGNED on behalf of the said FORESTRY COMMISSION (the Employer)
Signature…………………………………………………
Position…………………………………………………..
In the Presence of……………………………………….
SIGNED on behalf of the said CONTRACTOR (the Contractor)
Signature…………………………………………………
Position…………………………………………………..
In the Presence of……………………………………….
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AMENDMENTS (APPENDIX 1)
1
Additional Conditions of Contract
Stated in Section 5 of the Tender
2
Parts or Sections of the works or
design which shall not be
subcontracted without the Employer’s
Engineer/ Contract Administrator prior
written approval
Applies
3
Any changes to the contract before or
during the works
To be formerly certified by the Engineer/
Contract Administrator on behalf of the
Employer prior to the change being
implemented.
4
Additional Works items
Additional Works items can only be carried
out/ installed following written approval from
the Engineer.
5
Benchmark trail
A length of trail (approximately 100m) shall be
built at the outset of the Works which will act
as a quality reference for the remaining trail
construction.
6
Trail ownership
Once a section of trail has been certified by
the Engineer as having achieved practical
completion, the Employer shall take
ownership of that length of trail.
7
Trail modification works
Once a section of trail has been certified by
the Engineer as having achieved practical
completion, the Contractor shall not carry out
any retrospective modification works without
prior approval from the Engineer.
8
Adverse weather
The Contractor is not entitled to additional
costs relating to delay or disruption arising
from adverse weather if he decides to cease
work without prior approval from the
Engineer.
The Contractor is entitled to additional costs
relating to delay or disruption arising from
adverse weather if he is instructed to cease
work by the Engineer, the Employer or the
CDMC.
All instructions to be formally recorded to
validate additional cost payment entitlement.
Costs payable to the Contractor because of
delays and disruption arising from adverse
weather shall be a fair and reasonable sum
determined by the Engineer based on the day
rates included in the Tender.
The Employer shall pay such cost sum
derived by the Engineer to the Contractor in a
timely fashion.
9
Commencement Date
4th July 2011
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10
Construction Completion Date
31st December 2011
ADDITIONAL DOCUMENTS (APPENDIX 2)
1. The Tender (reference: RO6/12)
Submitted by the Contractor
2. Construction drawings
Included in Tender Appendices
3. Construction specification
Included in Tender
4. The construction programme
Submitted by the Contractor
5. Forestry Commission Service Contract
To be signed by the Contractor
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