Structural Engineers Contract - Specification-Tender

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Service specification/Tender
Contract title: Appointment of a professional consultancy service for the
checking of structural design calculations received in support of building
works subject to compliance with the Building Regulations 2010 (as
amended).
The service to be provided involves the checking of structural design
calculations and details prepared by qualified and non-qualified structural
engineers for compliance with the requirements of Part A (Structure) of the
Building Regulations and notifying the Authority in writing of compliance or
non-compliance within an agreed time period.
Test Valley Borough Council Contact:
Name: Graham. R. Murrell
Job title: Building Control Consultancy Manager
Phone: 01268 368459
e-mail: gmurrell@testvalley.gov.uk
Background:
Test Valley Borough Council contracts out the work required in connection
with the checking of structural design calculations received in support of
building works subject to compliance with the Building Regulations 2010 (as
amended).
During the last 3 years on average 727 applications have been received each
year for Buildings Regulations approval. Of these, on average 164 have been
forwarded each year to the consultants for checking. However no guarantee
can be given on the number of applications to be checked during any one
year or during the three year period.
On average, the plan fee income is £27,468.00. Please note that applications
received for improving access and facilities designed to secure the greater
health, safety and welfare of disabled persons are not subject to Building
Regulation charges but may still require the structural elements to be
checked. Over the last 3 years only 1 such application has been received.
The structural design calculations to be checked normally relate to all work of
a non-domestic nature and domestic work of an unconventional design or
where not prepared by a qualified structural engineer.
In providing a Building Regulations service, the Council is required to approve
or reject plans within the period prescribed by statute. This period is five
weeks but can be extended to a maximum period of two months subject to
written confirmation from the applicant or their agent.
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Should the Council fail to issue a decision within this period, the Authority will
be obliged to refund any plan charges received. It is therefore essential that
the Authority is advised by the successful engineer in writing within 20
working days (excluding Bank Holidays) of the date that the calculations are
received by the engineer, (acknowledgement of all calculations received will
be required), as to whether or not the design meets with the requirements of
Part A (Structure) of the regulations.
Failure by the consultant to comply with this requirement will result in the
Authority seeking liquidated damages equivalent to any charges refunded to
the applicant plus an administration fee and may consider terminating the
contract for failure to provide the required level of service as described in the
conditions of the contract.
Details of the Councils Building Regulation charges are available on the
Council web site:http://www.testvalley.gov.uk/resident/planningandbuildingcontrol/buildingcontr
ol/application-form/
Scope of Service:
The service to be provided involves the checking of structural design
calculations and details submitted for compliance with requirements of Part A
(Structure) of the Building Regulations 2010 (as amended and subsequent
amendments), received during the period of the contract in support of
applications deposited for approval under the Building Regulations.
In providing the service, the appointed consultant engineer will be required
to:o Respond to the Council within twenty working days of receipt
from the Council of the Building Regulation Consultation sheet,
design calculations and details, with a report advising the Council
whether or not the design submitted by the applicant meets with
the requirements of Part A of the Building Regulations. Should
the design fail to meet such requirements to advise the Council
in writing, supported if necessary by drawings or other
appropriate manner the areas where the design fails to meet the
requirements.
o In performing the Service the appointed Consultant Engineer
shall where necessary liaise directly with the person responsible
for submitting the proposed design i.e. the applicant, agent or the
design engineer as appropriate and provide at their own
expense, copies of any correspondence received.
o To retain all documentation received or prepared by the
Engineer in connection with a design, until such time as the
design meets with the requirements of the Building Regulations
whereupon all documents shall be returned together
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with written acceptance of the design and any amended
drawings, calculations or other details to the Building Control
Consultancy office of the Council.
o To attend site or office meetings as necessary or at the request
of the Building Control Consultancy Manager in connection
with the Services without imposing an additional charge.
o Not to accept instructions in any matter where the Structural
Engineer or persons employed by them have any personal
interest.
o The contract will be for a fixed period of three years with an
option to extend for a further two years by mutual agreement
subject to satisfactory performance during the initial period.
o Tenders for the service will be based upon a percentage of the
plan fee charged by the Council to the applicant. There shall be
no provision for reviewing the tendered sum during the
continuance of any contract.
o Tenders must clearly indicate the method of calculation
(exclusive of VAT). Tenders received, which do not comply, may
be rejected as not being properly constituted.
o Tenderers may be required to make a presentation to the
Council on how they intend to provide and charge for providing
the service.
o Tenders will be evaluated and weighted in the following order of
priority:- technical experience (30%), price (30%) capacity and
support (25%) response time/ability to undertake site visits (10%)
and quality accreditation (5%).
o The Council is not bound to accept the lowest or any tender.
o It should be noted that the Council’s preferred method is to
consult electronically.
o In addition to the above the following information will be required
to be submitted in writing of :How the staff are to be supervised having regard to the
system the Tenderer would adopt for the purposes of the
contract.
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Sustainability requirements:
The Councils preferred method of consultation is to consult electronically.
Quality standards:
The appointed Engineer is required to exercise reasonable skill, care and
diligence in the performance of the Service. In providing the service the
Engineer should not accept or undertake any project that is beyond their
technical ability. If appropriate, the Engineer may recommend to the Council
that the project is sub-let to a specialist sub-consultant. Should this occur, the
Council will not unreasonably withhold consent to such recommendation. In
the event that the Council consents in writing to the sub letting, the Engineer
shall integrate such sub-consultant’s Services with their own. In doing so, the
Engineer will be responsible for the performance and the payment of any subconsultant.
In providing the service the Engineer will be required to have in place
professional indemnity insurance in an amount no less than five million
pounds (£5,000,000.00), for any one occurrence or series of occurrences
arising out of this Agreement and for a minimum period of fifteen years
following completion of a Task. The Consulting Engineer shall immediately
inform the Employer if such insurance ceases to be available on the terms
required by this Condition in order that the Employer and the Consulting
Engineer can discuss means of best protecting their respective positions in
the absence of such insurance. Public Liability insurance will also be required
from the Start Date until the completion of the Services in a minimum sum of
ten million pounds (£10,000,000.00).
The Engineer will be required as and when reasonably requested to do so by
the Council to produce for inspection brokers’ certificates to show that the
insurance cover required under the provisions of this agreement are being
maintained in place.
Performance measures:
Outcomes:
o To respond to the Council within twenty working days of receipt from
the Council of the Building Regulation Consultation sheet and design
calculations and details, with a report advising the Council whether
or not the design submitted by the applicant meets with the
requirements of Part A of the Building Regulations.
Outputs:
Outputs are specific results of the activity that can be measured.
Output
Target
Supporting evidence
(how this is measured)
Design details to be
100% ongoing
Return of
checked and returned to
consultation/calculations
the Council within 20
sheet to the Council.
working days of receipt
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Inputs:
Inputs are easy to measure, countable units, they tell us how much, how
many or how often.
Input
Target
Supporting evidence
(how this is measured)
Number of submission
100% ongoing
Time difference
sent for checking
between the date sent
and date returned of
consultation/calculation
sheet to the Council
Monitoring and recording arrangements:
The Council will monitor the performance of the Engineer on a monthly basis
to ensure that the 20 day period permitted for the checking of the design
calculations and details is not exceeded. Failure to consistently comply with
this requirement will result in termination of the contract.
Contract Terms / Potential Duration of the Opportunity:
Contract Start: TBC (3 year contract)
Contract End: TBC
Award:
Extension clause: 3 year contract with a possible extension subject to
performance for a further two years.
The Council is subject to The Freedom of Information Act 2000 (“Act”) and
The Environmental Information Regulations 2004 (“EIR”). As part of the
Council’s obligations under the Act or EIR, it may be required to disclose
information concerning the procurement process or the resultant Contract to
anyone who makes a reasonable request. If respondents to this PQQ
consider that any of the information provided in their PQQ submission is
commercially sensitive (meaning it could reasonably cause prejudice to the
organisation if disclosed to a third party) then it should be clearly marked as
"Not for disclosure to third parties” together with valid reasons in support of
the information being exempt from disclosure under the Act and the EIR.
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