CENTURY PARK LIMITED

 

 

 

 

MIDLAND QUARRY, NUNEATON

 

 

 

 

ENGINEERED FILLING OF PART OF FORMER QUARRY

 

 

Design and Construct Tender Document

 

 

 

      June 2003

 

 

VOLUME 1 OF 3

 

 

 

 

 

 


Century Park Limited

                       

                         

                       

                        Tender Document for Engineered Filling of Part of Former Midland Quarry, Tuttle Hill, Nuneaton

 

 

            VOLUME 1

&nbssp;

>                        Tender Document

>           

>                        Drawings

>                       

>                        Appendix 1 – Pre-Tender Health and Safety Plan

&nbssp;

>                        Appendix 2 – Form of Collateral Warranty

&nbssp;

&nbssp;

>                        VOLUME 2

&nbssp;

>                        Appendix 3 – Wardell Armstrong Site Investigation

>                                                Report March 2003

&nbssp;

&nbssp;

>                        VOLUME 3                

&nbssp;

>                        Appendix 4 – Joynes Pike & Associates Ltd Ground Investigation

>                                                Report August 2002

&nbssp;

Appendix 5 – Wardell Armstrong Preliminary Infilling Works to DEV11 Summary Report WM02457/005

&nbssp;

>                        Appendix 6 – JMP Consultants Ltd Reinforced Earth Embankment

>                                                Feasibility Report

&nbssp;

>                        Appendix 7 – Entec UK Limited – Water Management Strategy

>                                                (Draft)

&nbssp;

>                        Appendix 8 – Entec UK Limited – Management Strategy (Draft)

&nbssp;

&nbssp;

&nbssp;

&nbssp;

&nbssp;

&nbssp;

>                                   

>                                                           

>                       

                       

                       

                       

                       

 

&nbssp;

VOLUME 1 - CONTENTS

 

&nbssp;

Section A                   -           Instructions to Tenderers

 

Section B                   -           Forms

                                                Form of Tender

                                                Form of Tender Appendix A - Parts 1 and 2

                                                Form of Tender Appendix B

                                                Form of Tender Appendix C

                                                Form of Agreement

                                               

 

Section C                   -           Conditions of Contract

                                                Conditions of Contract

                                                Modifications and Additions to Clauses.

                                                Special Conditions of Contract

                                                Schedule of Amendments

 

Section D                   -           Employer’s Requirements

&nbssp;

 

Section E                   -           Description of Works

 

Section F                   -           Specification

&nbssp;

Section G                   -           Lump Sum Build Up/Schedule of Rates

&nbssp;

                                               

                                               

 

DRAWINGS

 

 

WM02457/101             Midland Quarry Site Location

WM02457/102             Original Site Levels

WM02457/103             Post 2002 Site Levels

WM02457/104             Proposed Infilling Works

 

APPENDICES

                                                           

Appendix 1     -           Pre-Tender Health and Safety Plan

 

Appendix 2     -           Form of Collateral Warranty


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section A

Instructions to Tenderers


SECTION A

 

Instructions to Tenderers

 


Tender Document for Engineered Filling of Former Midland Quarry, Tuttle Hill, Nuneaton


 


 


            Instructions to Tenderers


 


1          These instructions to Tenderers are issued for the guidance of Tenderers and shall not form part of the Contract.  Failure to comply with these instructions may result in rejection of the tender.


 


2          Tenderers shall study the Tender Documents, visit the site and shall be deemed to have satisfied themselves on all matters affecting their Tender.

 

3          Tenderers shall complete and return copies of the following  Documents:-

 

            a)         Form of Tender and Appendices A-C to the Form of Tender

           

           

 

4          The Tender shall be sent by registered post or delivered by hand in a sealed envelope bearing no mark identifying the Tenderer either on the envelope or in the franking thereon, and shall be clearly marked:


 


            Tender for Engineered Filling of Former Midland Quarry, Tuttle Hill, Nuneaton

           


            The envelope shall be addressed to: Wardell Armstrong

                                                                        Thynne Court

                                                                        Thynne Street


                                                                        West Bromwich

                                                                        West Midlands B70 6PH

                                                                       


           


            Tenders should arrive no later than 12 noon on   July 2003.

 

5          Tenders are to remain open for acceptance for a period of 90 days from the date for receipt of Tenders.

 

6          Tenders not received by the time specified may not be considered.

 

7          The Employer shall not be bound to accept the lowest or any tender.

 

8                    The Tenderer is to submit with his Tender the following documents for all work including that of sub-contractors, which will be considered to be essential parts of the complete tender submission:

 

·         A programme showing the order in which the various sections of the Works described in the Contract Documents are to be undertaken and the time which the Tenderer estimates he will require to complete the Contract.

 

·         An outline method statement indicating the procedures by which the Tenderer proposes to undertake the works and  execute  the Contract.

 

·         An outline Health and Safety Plan prepared in accordance with the Construction (Design and Management) Regulations 1994.

 

·         a copy of their Company's Safety Policy.

 

·         details of how the security of the site will be managed.

 

·         details of any proposed external Safety Consultant, if any.

 

·         a copy of their insurance certificate(s) detailing the extent of cover to be provided under the Contract.

 

·       Preliminary drawings and specifications in sufficient detail to enable the Employer to assess the Tenderers proposals;

 

·       a list of proposed sub contractors;

·       specification Table 6/1

·       the following Appendices to the Specification duly completed:

Appendix 1/5

Appendix 5/1

Appendix 5/2

Appendix 6/5  

·       completed Contract Sum Analysis  and break down of the Lump Sum Build Up and Schedule of Rates (attached as part of Section G to the tender);

.


 

 

 

            Preparation of Tenders


 


9          The Tender must be compiled on the basis of the documents listed in the Form of Agreement, based on the ICE Design and Construct Conditions of Contract – First Edition and Amendments to the ICE Conditions of Contract to take into account The Finance Act 1996 (Sections 39-71 and Schedule 5) and the Landfill Tax Regulations 1996 (ICE/D&C/Tax/February 1998) and Amendments to the ICE Conditions of Contract to take into account The Housing Grants, Construction and Regeneration Act 1996 (Part II) (ICE/D&C/HGCR/March 1998), modified and added to by the Modifications and Additions to Clauses together with the Special Conditions of Contract.


 


10        Tenderers shall be prepared to supply to the Employer copies of their last 3 years audited accounts within 7 days, if requested.

 

11        No alternative tender will be considered unless a Tender free from qualifications and strictly on the basis of these Tender Documents is also submitted.

 

 

12        Should any alterations or additions to the Tender Documents be deemed necessary during the Tender Period, these shall be notified in writing to the Tenderers and shall form part of the Tender Documents.

 

13        No unauthorised alteration or addition is to be made or qualification added to the Tender Documents.  Such alteration, addition or qualification may result in the Tender being rejected.

 

14        The contract is to be a Firm Price and does not include a Price Fluctuation clause.

 

15        All expenses incurred in the preparation and submission of the Tender shall be borne by the Tenderer.

 

16        The Employer and/or the Employer’s Representative accept no responsibility for the arithmetical or other inaccuracy of the Tender.

 

17        Any queries with regard to tendering or visiting the site shall be directed to Tom Bason (tel 0121 580 0909) or Douglas Brownjohn (tel 01942 260101) at Wardell Armstrong.Any query concerning any aspect of the Tender shall be referred to the Employer’s Representative in writing.  The Tenderer shall abide by the written interpretation of the Employer’s Representative, providing that such written interpretation is received at least 3 days before the date on which the Tender is to be submitted.  The Tenderer, if not in receipt of such written interpretation within the said 3 days shall attach to his Tender a covering letter stating the interpretation on which his Tender is based.

 

18                Tenderers will be required to provide before award of the Contract, CV's for the Company Safety Manager and the proposed Site Manager indicating their specific experience on earthworks projects of a similar nature, their period of service with the company, details of training/safety courses attended and any other relevant information.

 

19                The Tenderers shall include for all items necessary to complete the works.

 

20                All design and other fees shall be included in the Contractor's Tender Sums.

 

21                The Tender Sum for carrying out the works shall include for all general preliminaries.

 

 

           


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section B

Form of Tender

Form of Tender (Appendix) – Part 1

Form of Tender (Appendix) – Part 2

Form of Agreement

 

Tender Document for Engineered Filling of Part of the Former Midland Quarry, Tuttle Hill, Nuneaton

 

                Short Description of Works

 

                All the Design and Permanent and Temporary Works in connection with the engineered filling operations of part of the former Midland Quarry, Tuttle Hill, Nuneaton. Including site clearance operations, bulk earthworks, the import of acceptable inert fill material (if necessary), the compaction and placement of fill, the construction of a reinforced earth slope (45°) and ancillary works. 

 

 

                                                                                   FORM OF TENDER

 

                                                         (NOTE: The Appendices form part of the Tender)

 

                To:          Century Park Limited

                                Edwards Centre

                                The Horsefair

                                Hinckley

                                Leicestershire

                                LE10 0AW

                               

                               

                               

 

                Gentlemen,

 

                Having examined the Employer’s Requirements, Conditions of Contract, Drawings for the above mentioned works (and the matters set out in the Appendices hereto), we offer to design construct and complete the said Works and maintain the Permanent Works in conformity with the said Employer’s Requirements, Conditions of Contract, and Drawings Specification for the sum of ¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼. (words) £¼¼¼¼¼¼¼ or such other sum as shall become payable 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 stated in the Appendix hereto.

 

                If our tender is accepted we will, when required, provide two good and sufficient sureties or obtain the guarantee of a Bank or Insurance Company (to be approved in either case by you) to be jointly and severally bound with us in a sum equal to the percentage of the Tender Total as defined in the said Conditions of Contract for the due performance of the Contract under the terms of a Bond.

 

                Unless and until a formal Agreement 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 or any tender you may receive.

 

 

We are, Gentlemen

Yours faithfully,

 

 

Signature              .......................................................

 

Address                 .......................................................

 

                                .......................................................

 

                                .......................................................

 

                                .......................................................

 

                                .......................................................

 

Date:                      .......................................................


FORM OF TENDER (APPENDIX)

 

 (NOTE: Relevant Clause numbers are shown in brackets).

 

Appendix A - Part 1

 

 

1              Name of the Employer (Clause 1(1)(a)):                                                                      Century Park Limited

                Address: Edwards Centre, The Horsefair, Hinckley, Leicestershire, LE10 0AW                                                                                  

 

2              Name of the Employer’s Representative (Clause 1(1)(c))and 2(2))                      To be Appointed                                                                    

 

                Address:                                                                                 

 

3              Defects Correction Period (Clause 1(1)(p)):                                                               52 weeks

 

4              Quality Assurance (Clause8 (3))                                                                                   Not required                   

 

5              Contract Agreement (Clause 9):                                                                                    Required                                                                                                                                                                                               Required

 

6              Performance Security (Clause 10(i)):                                                                           Required                                                                 Required

 

Amount (if required) to be:                                                                                               10% of Estimated

                                                                                                                                              Contract Price                                                                                                                                                                                                       10% of Tender Total

 

7              Minimum amount of third party insurance (persons and property) (Clause 23(3):                                        £5,000,000 for each

                                                                                                                                                              and every occurrence

                                                                                                                                                              Unlimited Occurrences.

 

8              Works Commencement Date (if known) (Clause 41(1)(a):                                     To be agreed

 

9             Time for Completion (Clause 43)a:

 

                For the whole of the Works                                                                                               weeks

 

10                 Liquidated damages for delay (Clause 47)

 

For the whole of the Works                                                                                             £2,000 per week    Limit of Liability                                                                                                                                                               £50,000

 

11           Not required

 

12           Percentage of the value of goods and materials to be included

 

                in Interim Certificates (Clause 60(2)(ii)):                                                                      75%

 

13           Minimum amount of Interim Certificates (Clause 60(3)):                                         £20,000

 

14           Rate of retention (recommended not to exceed 5%) (Clause 60(5(a))):               5%

 

15                 Limit of retention (% of Tender Total) (Clause 60(5)(a))

                (Recommended not to exceed 5%):                                                                             5%

 

16           Bank whose Base Lending Rate is to be used (Clause 60(7):                               National Westminster

                                                                                                                                                             

17           Name of the Planning Supervisor (Clause 71(1)(b)):                                                Simon Gibbs                            

 

                Address:  Innovative Minerals Processing Ltd, P O Box 1638, Stafford ST19 9RP                                                                                    

 

18           Name of the Principal Contractor (Clause 71(1)(b)):                                                 The Contractor               

                Address:

 

19           The arbitration Procedure to be used is (Clause 66(11)(a))

(a)     The Institution of Civil Engineers’ Arbitration Procedure (1997)g or

(b)     The Construction Industry Modell Arbitration Rulesg

 

 

a               If not stated is to be completed by Contractor in Part 2 of the Appendix.

b                To be completed if required, with brief description.  Where Sectional completion applies the item for "the Remainder of the Works" must be used to cover the balance of the Works if the Sections described do not in total comprise the whole of the Works.

c                Delete where not required.

d                (If used) Materials to which the Clauses apply must be listed in Part I (Employer's option) or Part 2 (Contractor's option)

e >              Insert here any amendment or modification adopted if different from that stated in Clause 57.

f                If there is any requirement that the Engineer has to obtain prior approval from the Employer before he can act full particulars of such requirements must be set out above.

g                      Delete as appropriate

 


 

 

                                                              Appendix A - Part 2<


 


                                                                       (To be completed by Contractor)


 


1              Insurance Policy Excesses (Clause 25(2))                                                                                                           


 


                                Insurance of the Works (Clause 21(1))                                                                                  £...............


 

                                Third party (property damage) (Clause 23(1))                                                                      £...............

 

2              Period for completion of the whole works                                                                                ………….Weeks

 

3             Vesting of materials not on Site (Clauses 54(2) & 60(1)(d)) (if required by the Contractor)

 

                1          …………………………………                4 .…………………………………

 

                2          …………………………………                5 ……………………………………

 

                3          …………………………………                6 ……………………………………

 

4             Percentage adjustment for Prime Cost Items (Clause 58(2))                                  …………..  %

 

 

5             Contractor’s designer (Clause 4(2)(a))

 

The design work for which the Contractor is responsible will be carried out by

 

                …………………………………………………………………………………………….

 

                …………………………………………………………………………………………….

 

                …………………………………………………………………………………………….

               

                …………………………………………………………………………………………….

 

                Elements for which the Contractor has not yet appointed a designer.

 

…………………………………………………………………………………………….

 

…………………………………………………………………………………………….

 

…………………………………………………………………………………………….

 

                ……………………………………………………………………………………………

 

 

 

 

 



 


 


            Form of Tender (Appendix)


 


                                                                                          Appendix B


 

                Collusive Tendering Certificate

 

                We certify that this is a bona fide tender, 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 done and we undertake that we will not do at any time before the hour and date specified for the return of this tender any of the following acts:

 

                a              communicating to a person other than the person calling for those tenders the amount or approximate amount of the 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              entering into any agreement or arrangement with any other person that he shall refrain from tendering or as to the amount of any tender to be submitted;

 

                c              offering or paying or giving or agreeing to pay or give any sum of money or 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 above.

 

                In this certificate, the word "person" includes any persons and anybody or association, corporate or unincorporate; and "any agreement or arrangement" includes any such transaction, formal or informal, and whether legally binding or not.

 

 

 

Signed:                                  .......................................................

 

 

On Behalf of:                         .......................................................

 

                                                .......................................................

 

                                                .......................................................

 

Date:                                      .......................................................



 


Form of Tender (Appendix)


 


 


                                                                                          Appendix C

 

 

LIST OF SUB-CONTRACTORS

 

 

NOTE:    This information is required for guidance in the assessment of Tenders and shall be completed at the time of tendering

 

Work or Service

Name and Address of

Sub-Contractor

Brief Details of Previous Similar Work and Employer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

                                                            FORM OF AGREEMENT

THIS AGREEMENT made the .............................. day of ....................................

2003 BETWEEN Century Park Limited of Edwards Centre, The Horsefair, Hinckley   in the County of Leicestershire. (hereinafter called "the Employer") and ........................................... of ........................................................ in the County of ............................................................................................... (hereinafter called "the Contractor").

WHEREAS the Employer is desirous that certain Works should be designed and constructed, namely the Permanent and Temporary Works in connection with the engineered filling of part of the former Midland Quarry, Tuttle Hill, Nuneaton and has accepted a Tender by the Contractor for the design, construction and completion of such Works. 

 

NOW THIS AGREEMENT WITNESSETH as follows:

1.             In this Agreement 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 Agreement :

 

                (a)           The said Tender and written acceptance thereof.

                (b)           The Drawings.

                (c)           The Conditions of Contract.

                (d)           The Description of Works.

                (e)           The Specification.

(f)                   The Employer’s Requirements

(g)                 The following Documents:

 

 

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 design construct and complete the 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 design, construction and completion of the Works the Contract Price at the times and in the manner prescribed by the Contract.

5.                    

 

IN WITNESS whereof the parties have caused this Agreement to be executed the day and year first above written.

 

SIGNED SEALED AND DELIVERED AS A DEED

by the said...................................................................................PLC/LIMITED

In the presence of ..........................................................................................

 

SIGNED SEALED AND DELIVERED AS A DEED

by the said...................................................................................PLC/LIMITED

In the presence of ..........................................................................................

 

 

 

 

 

 

 

 

 

 

 
 
 
 

 

 

 

 

 

 

 

 

 

 

Section C
Conditions of Contract

Conditions of Contract

 

The Conditions of Contract shall be the ICE Design and Construct Conditions of Contract and Forms of Tender and Agreement for use in connection with Works of Civil Engineering Construction – First Edition 1992 (re-printed 1997) approved by the Institution of Civil Engineers, the Association of Consulting Engineers and the Federation of Civil Engineering Contractors as amended by Amendment Reference ICE/D&C/Tax/February 1998 and Amendment Reference ICE/D&C/HGCR/March 1998 – as modified and added to by the following:

 

Delete existing Clause 71

 

Add:                 THE CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 1994

 

CDM Regulations        71        (1)        In this Clause

1994                           

(a)               “the Regulations” means the Construction (Design and Management) Regulations 1994 or a statutory re-enactment or amendment thereof for the time being in force.

 

(b)               “Planning Supervisor” and “Principal Contractor” means the persons so described in regulation 2(1) of the Regulations.

 

(c)               “Health and Safety Plan” means the plan prepared by virtue of regulation 15 of the Regulations.

 

(2)               Where and to the extent that the Regulations apply to the Works and:

 

(a)               the Employer’s Representative is appointed Planning Supervisor and/or

 

(b)               the Contractor is appointed Principal Contractor.

 

then in taking any action as such they state in writing that the action is being taken under the Regulations.

 

(3)      (a)         any action under the Regulations taken by either the Planning Supervisor or the Principal Contractor and in particular any alteration or amendment  to the Health and Safety Plan shall be deemed to be an instruction by the Employer’s Representative or a notification by the Contractor as the case may be.  Where appropriate additional payment and/or extension of shall be assessed in accordance with Clause 52.  Provided that the Contractor shall in no event be entitled to any additional payment and/or extension of time in respect of any such action to the extent that it results from any lack of action or default on the part of the Contractor.

                       

<(b)               if any such action of either the Planning Supervisor or the Principal Contractor could not in the Contractor’s opinion reasonably have been foreseen by an experienced Contractor the Contractor shall as early as practicable give written notice thereof to the Employer’s Representative.

 

 

Clause 72 Special Conditions

 

 The following Special Conditions form part of the Conditions of Contract

 

Clause 73       Gifts Inducements and Rewards

 

The Employer shall be entitled to terminate the employment of the Contractor and to recover from the Contractor the amount of any loss resulting from such cancellation if the Contractor shall have offered or given or agreed to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this Contract or any other Contract with the Employer or for showing or forbearing to show favour or disfavour to any person in relation to this Contract or any other Contract with the Employer or if any of the like acts shall have been done by any person employed by the Contractor or acting on his behalf (whether with or without the knowledge of the Contractor) or if in relation to this Contract or any other Contract with the Employer the Contractor or any person employed by him or acting on his behalf shall have committed any offence under the Prevention of Corruption Acts, 1889 to 1916, or shall have given any fee or reward the receipt of which is an offence under subsection (2) of Section 117 of the Local Government Act 1972.  Where any such gift or inducement or reward has been made or promised in relation to the obtaining or the execution of the Contract or any subcontract hereunder to any officer or person in the service of the Employer who shall be in any way connected with the obtaining or the execution of the Contract or any sub-contract hereunder the Contractor shall also be liable to pay to the Employer by way of liquidated damages a sum equal to ten per cent of all the sums paid and payable to him under the Contract by the Employer.  Any dispute as to the amount recoverable by the Employer from the Contractor as a result of termination hereunder shall be settled in the manner provided by Clause 66 hereof.

 

Clause74        Recovery of Sums Due from Contractor

 

Whenever under the Contract any sum of money shall be recoverable from or payable by the Contractor such sum may be deducted from or reduced by the amount of any sum or sums then due or which at any time thereafter may become due to the Contractor under the Contract or any other contract with the Employer.

 

Clause75        Contract Price Fluctuation

 

Contract Price Fluctuations shall not apply to the Contract.


Clause76        Confidentiality

 

1.                     The Contract Works are of a confidential nature.  All information, documents and drawings relating thereto shall be confined to the Contractor, his sub-contractors and their respective employees.

 

2.                     Upon the request of the Employer, the Contractor and his sub-contractors shall sign a confidentiality undertaking in the form required by the Employer

 

 

Clause77        Advertisement

 

The Contractor shall not without the previous consent of the Employer use the Contract or the Works in any way for the purpose of advertisement or publicity.

 

Clause 78       Other Works in the Area

 

In accordance with Clause 31 of the Conditions of Contract the Contractor’s attention is drawn to the fact that the Employer and other Contractors will be operating within and in the vicinity of the Site.  The Contractor will be required to liaise fully with the Employer and the Employer’s Representative so as to ensure a minimum of conflict between his own operations and those of others and shall programme the movement of this own, his Sub-Contractors, and his suppliers, plant and vehicles to reduce congestion on the site and roads to a minimum.

 

Clause79        Rights of Individuals and Usage

 

The Contractor shall give an undertaking and so instruct all personnel in his direct and indirect employ that the rights and enjoyments of all persons attaching to lands and facilities comprising the site of the Works or adjacent to, will not in any way be impaired, prejudiced reduced, altered or limited by activities and conduct of persons performing the Works.  Such rights include, but are not limited to, ownership, tenancy, recreation, production, shooting, fishing, game keeping, walking, riding and other movement to and fro along a recognised path. 

 

Clause 80        Statutory Undertakers' Equipment

 

The Contractor shall make all necessary enquiries and physical investigation to determine the presence and location of Statutory Undertakers' property and equipment, including drainage pipes and manholes, and any privately owned services on under and within the immediate vicinity of the Site.  To ensure the safety of such Statutory Undertakers' property and equipment the Contractor shall arrange if necessary for the Statutory Undertakers to mark out the position of their property and equipment on the ground.  The Contractor shall ensure that the marked out position of any Statutory Undertakers property and equipment is maintained throughout the Works.  The Contractor shall comply with all special requirements of Statutory Undertakers and take all necessary precautions during the execution of the Works to ensure that Statutory Undertakers' property and equipment is not damaged.  If the same is damaged by the Contractor, the Contractor shall immediately inform the Employer’s Representative and Statutory Undertaker.  The cost of repair to any damaged Statutory Undertakers' property and equipment caused by the Contractor during the Works shall be met in full by the Contractor.  The information in the Contract documents as to the whereabouts of existing services and mains is believed to be correct but the Contractor shall not be relieved of his obligations under Clause 11 and 12 of the Conditions of Contract.  The Contractor shall keep the Employer’s Representative informed of all arrangements he makes with the Statutory Undertakers. 

 

Clause 81  Protection of Property

 

The Contractor shall take precautions to prevent damage to property of any kind on or adjacent to the Site, in or through which the Works and works activities will be executed.  Any damage shall be promptly made good.  All such damage and claims for damage shall be recorded and reported to the Employer’s Representative.  In the case of damage to private property, the Employer’s Representative shall be immediately informed whatever the circumstances.

 

Clause 82  Reinstatement

 

Unless otherwise directed by the Employer’s Representative, the Contractor shall at his own expense permanently reinstate all areas on or off the Site disturbed by him in connection with the execution of the Works, including surfaces, walls, fences, grassed areas etc., to a condition equivalent to that existing before the commencement of the Works and shall provide all materials required.  All such reinstatement shall be to the approval and satisfaction of the Employer’s Representative and the Authorities, Owners and Occupiers concerned.  Highway reinstatement shall be in accordance with the New Roads and Streetworks Act 1991 and the Specification for the Excavation and Reinstatement of Openings in Highways (HAUC SWP 163) September 1991.

 

Clause 83       Cleaning of Roads, including Carriageways and Paved or Grassed Verges, Drains and Sewers

 

1.                     In the event of highways, tracks, accesses and haul roads becoming dirtied as a result of the Contractor's operations, the Contractor shall, at his own expense, take all necessary measures to immediately clean and/or repair them.

 

2.                     The Contractor shall prevent the obstruction or contamination of all drains and sewers.

 

Clause 84       Health and Safety at Work etc Act 1974

 

The Contractor and all Sub-Contractors engaged by the Contractor shall comply with the provisions of all appropriate Health and Safety related legislation including, the Health and Safety at Work etc Act 1974 and all Regulations made thereunder, including the Management of Health and Safety at Work Regulations 1992, The Construction (Design and Management) Regulations 1994, and the Construction (Health, Safety and Welfare) Regulations 1996.  The Contractor and all Sub-Contractors employed by the Contractor shall also comply with the requirements of all appropriated Approved Codes of Practice, Guidance documents and other recommendations in support of the above Acts or Regulations issued by the Health and Safety Executive.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section A

Instructions to Tenderers


SECTION A

 

Instructions to Tenderers

 


Tender Document for Engineered Filling of Part of Former Midland Quarry, Tuttle Hill, Nuneaton


 


 


            Instructions to Tenderers


 


1          These instructions to Tenderers are issued for the guidance of Tenderers and shall not form part of the Contract.  Failure to comply with these instructions may result in rejection of the tender.


 


2          Tenderers shall study the Tender Documents, visit the site and shall be deemed to have satisfied themselves on all matters affecting their Tender.

 

3          Tenderers shall complete and return copies of the following  Documents:-

 

            a)         Form of Tender and Appendices A-C to the Form of Tender

           

           

 

4          The Tender shall be sent by registered post or delivered by hand in a sealed envelope bearing no mark identifying the Tenderer either on the envelope or in the franking thereon, and shall be clearly marked:


 


            Tender for Engineered Filling of Part of Former Midland Quarry, Tuttle Hill, Nuneaton

           


            The envelope shall be addressed to: Wardell Armstrong

                                                                        Thynne Court

                                                                        Thynne Street


                                                                        West Bromwich

                                                                        West Midlands B70 6PH

                                                                       


           


            Tenders should arrive no later than 12 noon on Wednesday 16 July 2003.

 

5          Tenders are to remain open for acceptance for a period of 90 days from the date for receipt of Tenders.

 

6          Tenders not received by the time specified may not be considered.

 

7          The Employer shall not be bound to accept the lowest or any tender.

 

9                    The Tenderer is to submit with his Tender the following documents for all work including that of sub-contractors, which will be considered to be essential parts of the complete tender submission:

 

·         A programme showing the order in which the various sections of the Works described in the Contract Documents are to be undertaken and the time which the Tenderer estimates he will require to complete the Contract.

 

·         An outline method statement indicating the procedures by which the Tenderer proposes to undertake the works and  execute  the Contract.

 

·         An outline Health and Safety Plan prepared in accordance with the Construction (Design and Management) Regulations 1994.

 

·         a copy of their Company's Safety Policy.

 

·         details of how the security of the site will be managed.

 

·         details of any proposed external Safety Consultant, if any.

 

·         a copy of their insurance certificate(s) detailing the extent of cover to be provided under the Contract.

 

<·       Preliminary drawings and specifications in sufficient detail to enable the Employer to assess the Tenderers proposals;

 

·       a list of proposed sub contractors;

 

·       specification Table 6/1

 

·       the following Appendices to the Specification duly completed:

Appendix 1/5

Appendix 5/1

Appendix 5/2

Appendix 6/5  

 

·       completed Contract Sum Analysis  and break down of the Lump Sum Build Up and Schedule of Rates (attached as part of Section G to the tender);

.


 

 

 

            Preparation of Tenders


 


9          The Tender must be compiled on the basis of the documents listed in the Form of Agreement, based on the ICE Design and Construct Conditions of Contract – First Edition and Amendments to the ICE Conditions of Contract to take into account The Finance Act 1996 (Sections 39-71 and Schedule 5) and the Landfill Tax Regulations 1996 (ICE/D&C/Tax/February 1998) and Amendments to the ICE Conditions of Contract to take into account The Housing Grants, Construction and Regeneration Act 1996 (Part II) (ICE/D&C/HGCR/March 1998), modified and added to by the Modifications and Additions to Clauses together with the Special Conditions of Contract.


 


10        Tenderers shall be prepared to supply to the Employer copies of their last 3 years audited accounts within 7 days, if requested.

 

11        No alternative tender will be considered unless a Tender free from qualifications and strictly on the basis of these Tender Documents is also submitted.

 

 

12        Should any alterations or additions to the Tender Documents be deemed necessary during the Tender Period, these shall be notified in writing to the Tenderers and shall form part of the Tender Documents.

 

13        No unauthorised alteration or addition is to be made or qualification added to the Tender Documents.  Such alteration, addition or qualification may result in the Tender being rejected.

 

14        The contract is to be a Firm Price and does not include a Price Fluctuation clause.

 

15        All expenses incurred in the preparation and submission of the Tender shall be borne by the Tenderer.

 

16        The Employer and/or the Employer’s Representative accept no responsibility for the arithmetical or other inaccuracy of the Tender.

 

17        Any queries with regard to tendering or visiting the site shall be directed to Tom Bason (tel 0121 580 0909) or Douglas Brownjohn (tel 01942 260101) at Wardell Armstrong. Any query concerning any aspect of the Tender shall be referred to the Employer’s Representative in writing.  The Tenderer shall abide by the written interpretation of the Employer’s Representative, providing that such written interpretation is received at least 3 days before the date on which the Tender is to be submitted.  The Tenderer, if not in receipt of such written interpretation within the said 3 days shall attach to his Tender a covering letter stating the interpretation on which his Tender is based.

 

22                Tenderers will be required to provide before award of the Contract, CV's for the Company Safety Manager and the proposed Site Manager indicating their specific experience on earthworks projects of a similar nature, their period of service with the company, details of training/safety courses attended and any other relevant information.

 

23                The Tenderers shall include for all items necessary to complete the works.

 

24                All design and other fees shall be included in the Contractor's Tender Sums.

 

25                The Tender Sum for carrying out the works shall include for all general preliminaries.

 

 

           


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section B

Form of Tender

Form of Tender Appendix A – Parts 1 and 2

Form of Tender Appendix B

Form of Tender Appendix C

Form of Agreement

 

Tender Document for Engineered Filling of Part of the Former Midland Quarry, Tuttle Hill, Nuneaton

 

                Short Description of Works

 

                All the Design and Permanent and Temporary Works in connection with the engineered filling operations of part of the former Midland Quarry, Tuttle Hill, Nuneaton. Including site clearance operations, bulk earthworks, the import of acceptable inert fill material (if necessary), the compaction and placement of fill, the construction of a reinforced earth slope (45°) and ancillary works. 

 

 

                                                                                   FORM OF TENDER

 

                                                         (NOTE: The Appendices form part of the Tender)

 

                To:          Century Park Limited

                                Edwards Centre

                                The Horsefair

                                Hinckley

                                Leicestershire

                                LE10 0AW

                               

                               

                               

 

                Gentlemen,

 

                Having examined the Employer’s Requirements, Conditions of Contract, Drawings for the above mentioned works (and the matters set out in the Appendices hereto), we offer to design construct and complete the said Works and maintain the Permanent Works in conformity with the said Employer’s Requirements, Conditions of Contract, and Drawings Specification for the sum of ¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼. (words) £¼¼¼¼¼¼¼ or such other sum as shall become payable 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 stated in the Appendix hereto.

 

                If our tender is accepted we will, when required, provide Performance Security as defined in the said Conditions of Contract for the due performance of the Contract under the terms of a Bond.

 

                Unless and until a formal Agreement 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 or any tender you may receive.

 

 

We are, Gentlemen

Yours faithfully,

 

 

Signature              .......................................................

 

Address                 .......................................................

 

                                .......................................................

 

                                .......................................................

 

                                .......................................................

 

                                .......................................................

 

Date:                      .......................................................


FORM OF TENDER (APPENDIX)

 

 (NOTE: Relevant Clause numbers are shown in brackets).

 

Appendix A - Part 1

 

 

1              Name of the Employer (Clause 1(1)(a)):                                                                      Century Park Limited

                Address: Edwards Centre, The Horsefair, Hinckley, Leicestershire, LE10 0AW                                                                                  

 

2              Name of the Employer’s Representative (Clause 1(1)(c))and 2(2))                      To be Appointed                                                                     

 

                Address:                                                                                 

 

3              Defects Correction Period (Clause 1(1)(p)):                                                               52 weeks

 

4              Quality Assurance (Clause8 (3))                                                                                   Not required                   

 

5              Contract Agreement (Clause 9):                                                                                    Required                                                                                                                                                                                               Required

 

6              Performance Security (Clause 10(i)):                                                                           Required                                                                 Required

 

Amount (if required) to be:                                                                                               10% of Estimated

                                                                                                                                              Contract Price                                                                                                                                                                                                       10% of Tender Total

 

7              Minimum amount of third party insurance (persons and property) (Clause 23(3):                                        £5,000,000 for each

                                                                                                                                                              and every occurrence

                                                                                                                                                              Unlimited Occurrences.

 

8              Works Commencement Date (if known) (Clause 41(1)(a):                                     To be agreed

 

9             Time for Completion (Clause 43)a:

 

                For the whole of the Works                                                                                               weeks

 

11                 Liquidated damages for delay (Clause 47)

 

For the whole of the Works                                                                                             £2,000 per week    Limit of Liability                                                                                                                                                               £50,000

 

11           Not required

 

12           Percentage of the value of goods and materials to be included

 

                in Interim Certificates (Clause 60(2)(ii)):                                                                      75%

 

13           Minimum amount of Interim Certificates (Clause 60(3)):                                         £20,000

 

14           Rate of retention (recommended not to exceed 5%) (Clause 60(5(a))):               5%

 

16                 Limit of retention (% of Tender Total) (Clause 60(5)(a))

                (Recommended not to exceed 5%):                                                                             5%

 

16           Bank whose Base Lending Rate is to be used (Clause 60(7):                               National Westminster

                                                                                                                                                             

17           Name of the Planning Supervisor (Clause 71(1)(b)):                                                Simon Gibbs                            

 

                Address:  Innovative Minerals Processing Ltd, P O Box 1638, Stafford ST19 9RP                                                                                    

 

18           Name of the Principal Contractor (Clause 71(1)(b)):                                                 The Contractor               

                Address:

 

19           The arbitration Procedure to be used is (Clause 66(11)(a))

(c)     The Institution of Civil Engineers’ Arbitration Procedure (1997)g or

(d)     The Construction Industry Modell Arbitration Rulesg

 

 

a               If not stated is to be completed by Contractor in Part 2 of the Appendix.

b                To be completed if required, with brief description.  Where Sectional completion applies the item for "the Remainder of the Works" must be used to cover the balance of the Works if the Sections described do not in total comprise the whole of the Works.

c                Delete where not required.

d                (If used) Materials to which the Clauses apply must be listed in Part I (Employer's option) or Part 2 (Contractor's option)

e >              Insert here any amendment or modification adopted if different from that stated in Clause 57.

f                If there is any requirement that the Engineer has to obtain prior approval from the Employer before he can act full particulars of such requirements must be set out above.

g                      Delete as appropriate

 


 

 

                                                              Appendix A - Part 2<


 


                                                                       (To be completed by Contractor)


 


1              Insurance Policy Excesses (Clause 25(2))                                                                                                           


 


                                Insurance of the Works (Clause 21(1))                                                                                  £...............


 

                                Third party (property damage) (Clause 23(1))                                                                      £...............

 

2              Period for completion of the whole works                                                                                ………….Weeks

 

3             Vesting of materials not on Site (Clauses 54(2) & 60(1)(d)) (if required by the Contractor)

 

                1          …………………………………                4 .…………………………………

 

                2          …………………………………                5 ……………………………………

 

                3          …………………………………                6 ……………………………………

 

4             Percentage adjustment for Prime Cost Items (Clause 58(2))                                  …………..  %

 

 

5             Contractor’s designer (Clause 4(2)(a))

 

The design work for which the Contractor is responsible will be carried out by

 

                …………………………………………………………………………………………….

 

                …………………………………………………………………………………………….

 

                …………………………………………………………………………………………….

               

                …………………………………………………………………………………………….

 

                Elements for which the Contractor has not yet appointed a designer.

 

…………………………………………………………………………………………….

 

…………………………………………………………………………………………….

 

…………………………………………………………………………………………….

 

                ……………………………………………………………………………………………

 

 

 

 

 



 


 


            Form of Tender (Appendix)


 


                                                                                          Appendix B


 

                Collusive Tendering Certificate

 

                We certify that this is a bona fide tender, 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 done and we undertake that we will not do at any time before the hour and date specified for the return of this tender any of the following acts:

 

                a              communicating to a person other than the person calling for those tenders the amount or approximate amount of the 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              entering into any agreement or arrangement with any other person that he shall refrain from tendering or as to the amount of any tender to be submitted;

 

                c              offering or paying or giving or agreeing to pay or give any sum of money or 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 above.

 

                In this certificate, the word "person" includes any persons and anybody or association, corporate or unincorporate; and "any agreement or arrangement" includes any such transaction, formal or informal, and whether legally binding or not.

 

 

 

Signed:                                  .......................................................

 

 

On Behalf of:                         .......................................................

 

                                                .......................................................

 

                                                .......................................................

 

Date:                                      .......................................................



 


Form of Tender (Appendix)


 


 


                                                                                          Appendix C

 

 

LIST OF SUB-CONTRACTORS

 

 

NOTE:    This information is required for guidance in the assessment of Tenders and shall be completed at the time of tendering

 

Work or Service

Name and Address of

Sub-Contractor

Brief Details of Previous Similar Work and Employer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

                                                            FORM OF AGREEMENT

THIS AGREEMENT made the .............................. day of ....................................

2003 BETWEEN Century Park Limited of Edwards Centre, The Horsefair, Hinckley   in the County of Leicestershire. (hereinafter called "the Employer") and ........................................... of ........................................................ in the County of ............................................................................................... (hereinafter called "the Contractor").

WHEREAS the Employer is desirous that certain Works should be designed and constructed, namely the Design, Permanent and Temporary Works in connection with the engineered filling of part of the former Midland Quarry, Tuttle Hill, Nuneaton and has accepted a Tender by the Contractor for the design, construction and completion of such Works. 

 

NOW THIS AGREEMENT WITNESSETH as follows:

1.             In this Agreement 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 Agreement :

 

                (a)           The said Tender and written acceptance thereof

                (b)           The Conditions of Contract

                (c)           The Employer’s Requirements

                (d)           The Description of Works.

                (e)           Specification

(h)                 Lump Sum Build Up/Schedule of Rates

(i)                   Collateral Warranty

(j)                   Appendices 1-8

                               

 

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 design construct and complete the Works in conformity in all respects with the provisions of the Contract.

 

6.                   The Employer hereby covenants to pay to the Contractor in consideration of the design, construction and completion of the Works the Contract Price at the times and in the manner prescribed by the Contract.

 

 

IN WITNESS whereof the parties have caused this Agreement to be executed the day and year first above written.

 

SIGNED SEALED AND DELIVERED AS A DEED

by the said...................................................................................PLC/LIMITED

In the presence of ..........................................................................................

 

SIGNED SEALED AND DELIVERED AS A DEED

by the said...................................................................................PLC/LIMITED

In the presence of ..........................................................................................

 

 

 

 

 

 

 

 

 

 

 
 
 
 

 

 

 

 

 

 

 

 

 

 

Section C
Conditions of Contract

Conditions of Contract

 

The Conditions of Contract shall be the ICE Design and Construct Conditions of Contract and Forms of Tender and Agreement for use in connection with Works of Civil Engineering Construction – First Edition 1992 (re-printed 1997) approved by the Institution of Civil Engineers, the Association of Consulting Engineers and the Federation of Civil Engineering Contractors as amended by Amendment Reference ICE/D&C/Tax/February 1998 and Amendment Reference ICE/D&C/HGCR/March 1998 – as modified and added to by the following:

 

Delete existing Clause 71

 

Add:                 THE CONSTRUCTION (DESIGN AND MANAGEMENT) REGULATIONS 1994

 

CDM Regulations        71        (1)        In this Clause

1994                           

(d)               “the Regulations” means the Construction (Design and Management) Regulations 1994 or a statutory re-enactment or amendment thereof for the time being in force.

 

(e)               “Planning Supervisor” and “Principal Contractor” means the persons so described in regulation 2(1) of the Regulations.

 

(f)                 “Health and Safety Plan” means the plan prepared by virtue of regulation 15 of the Regulations.

 

(3)               Where and to the extent that the Regulations apply to the Works and:

 

(c)               the Employer’s Representative is appointed Planning Supervisor and/or

 

(d)               the Contractor is appointed Principal Contractor.

 

then in taking any action as such they state in writing that the action is being taken under the Regulations.

 

(3)      (a)         any action under the Regulations taken by either the Planning Supervisor or the Principal Contractor and in particular any alteration or amendment  to the Health and Safety Plan shall be deemed to be an instruction by the Employer’s Representative or a notification by the Contractor as the case may be.  Where appropriate additional payment and/or extension of shall be assessed in accordance with Clause 52.  Provided that the Contractor shall in no event be entitled to any additional payment and/or extension of time in respect of any such action to the extent that it results from any lack of action or default on the part of the Contractor.

                       

<(c)               if any such action of either the Planning Supervisor or the Principal Contractor could not in the Contractor’s opinion reasonably have been foreseen by an experienced Contractor the Contractor shall as early as practicable give written notice thereof to the Employer’s Representative.

 

 

Clause 72 Special Conditions

 

 The following Special Conditions form part of the Conditions of Contract

 

Clause 73       Gifts Inducements and Rewards

 

The Employer shall be entitled to terminate the employment of the Contractor and to recover from the Contractor the amount of any loss resulting from such cancellation if the Contractor shall have offered or given or agreed to give any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of this Contract or any other Contract with the Employer or for showing or forbearing to show favour or disfavour to any person in relation to this Contract or any other Contract with the Employer or if any of the like acts shall have been done by any person employed by the Contractor or acting on his behalf (whether with or without the knowledge of the Contractor) or if in relation to this Contract or any other Contract with the Employer the Contractor or any person employed by him or acting on his behalf shall have committed any offence under the Prevention of Corruption Acts, 1889 to 1916, or shall have given any fee or reward the receipt of which is an offence under subsection (2) of Section 117 of the Local Government Act 1972.  Where any such gift or inducement or reward has been made or promised in relation to the obtaining or the execution of the Contract or any subcontract hereunder to any officer or person in the service of the Employer who shall be in any way connected with the obtaining or the execution of the Contract or any sub-contract hereunder the Contractor shall also be liable to pay to the Employer by way of liquidated damages a sum equal to ten per cent of all the sums paid and payable to him under the Contract by the Employer.  Any dispute as to the amount recoverable by the Employer from the Contractor as a result of termination hereunder shall be settled in the manner provided by Clause 66 hereof.

 

Clause74        Recovery of Sums Due from Contractor

 

Whenever under the Contract any sum of money shall be recoverable from or payable by the Contractor such sum may be deducted from or reduced by the amount of any sum or sums then due or which at any time thereafter may become due to the Contractor under the Contract or any other contract with the Employer.

 

Clause75        Contract Price Fluctuation

 

Contract Price Fluctuations shall not apply to the Contract.


Clause76        Confidentiality

 

1.                     The Contract Works are of a confidential nature.  All information, documents and drawings relating thereto shall be confined to the Contractor, his sub-contractors and their respective employees.

 

2.                     Upon the request of the Employer, the Contractor and his sub-contractors shall sign a confidentiality undertaking in the form required by the Employer

 

 

Clause77        Advertisement

 

The Contractor shall not without the previous consent of the Employer use the Contract or the Works in any way for the purpose of advertisement or publicity.

 

Clause 78       Other Works in the Area

 

In accordance with Clause 31 of the Conditions of Contract the Contractor’s attention is drawn to the fact that the Employer and other Contractors will be operating within and in the vicinity of the Site.  The Contractor will be required to liaise fully with the Employer and the Employer’s Representative so as to ensure a minimum of conflict between his own operations and those of others and shall programme the movement of this own, his Sub-Contractors, and his suppliers, plant and vehicles to reduce congestion on the site and roads to a minimum.

 

Clause79        Rights of Individuals and Usage

 

The Contractor shall give an undertaking and so instruct all personnel in his direct and indirect employ that the rights and enjoyments of all persons attaching to lands and facilities comprising the site of the Works or adjacent to, will not in any way be impaired, prejudiced reduced, altered or limited by activities and conduct of persons performing the Works.  Such rights include, but are not limited to, ownership, tenancy, recreation, production, shooting, fishing, game keeping, walking, riding and other movement to and fro along a recognised path. 

 

Clause 80        Statutory Undertakers' Equipment

 

The Contractor shall make all necessary enquiries and physical investigation to determine the presence and location of Statutory Undertakers' property and equipment, including drainage pipes and manholes, and any privately owned services on under and within the immediate vicinity of the Site.  To ensure the safety of such Statutory Undertakers' property and equipment the Contractor shall arrange if necessary for the Statutory Undertakers to mark out the position of their property and equipment on the ground.  The Contractor shall ensure that the marked out position of any Statutory Undertakers property and equipment is maintained throughout the Works.  The Contractor shall comply with all special requirements of Statutory Undertakers and take all necessary precautions during the execution of the Works to ensure that Statutory Undertakers' property and equipment is not damaged.  If the same is damaged by the Contractor, the Contractor shall immediately inform the Employer’s Representative and Statutory Undertaker.  The cost of repair to any damaged Statutory Undertakers' property and equipment caused by the Contractor during the Works shall be met in full by the Contractor.  The information in the Contract documents as to the whereabouts of existing services and mains is believed to be correct but the Contractor shall not be relieved of his obligations under Clause 11 and 12 of the Conditions of Contract.  The Contractor shall keep the Employer’s Representative informed of all arrangements he makes with the Statutory Undertakers. 

 

Clause 81  Protection of Property

 

The Contractor shall take precautions to prevent damage to property of any kind on or adjacent to the Site, in or through which the Works and works activities will be executed.  Any damage shall be promptly made good.  All such damage and claims for damage shall be recorded and reported to the Employer’s Representative.  In the case of damage to private property, the Employer’s Representative shall be immediately informed whatever the circumstances.

 

Clause 82  Reinstatement

 

Unless otherwise directed by the Employer’s Representative, the Contractor shall at his own expense permanently reinstate all areas on or off the Site disturbed by him in connection with the execution of the Works, including surfaces, walls, fences, grassed areas etc., to a condition equivalent to that existing before the commencement of the Works and shall provide all materials required.  All such reinstatement shall be to the approval and satisfaction of the Employer’s Representative and the Authorities, Owners and Occupiers concerned.  Highway reinstatement shall be in accordance with the New Roads and Streetworks Act 1991 and the Specification for the Excavation and Reinstatement of Openings in Highways (HAUC SWP 163) September 1991.

 

Clause 83       Cleaning of Roads, including Carriageways and Paved or Grassed Verges, Drains and Sewers

 

1.                     In the event of highways, tracks, accesses and haul roads becoming dirtied as a result of the Contractor's operations, the Contractor shall, at his own expense, take all necessary measures to immediately clean and/or repair them.

 

2.                     The Contractor shall prevent the obstruction or contamination of all drains and sewers.

 

Clause 84       Health and Safety at Work etc Act 1974

 

The Contractor and all Sub-Contractors engaged by the Contractor shall comply with the provisions of all appropriate Health and Safety related legislation including, the Health and Safety at Work etc Act 1974 and all Regulations made thereunder, including the Management of Health and Safety at Work Regulations 1992, The Construction (Design and Management) Regulations 1994, and the Construction (Health, Safety and Welfare) Regulations 1996.  The Contractor and all Sub-Contractors employed by the Contractor shall also comply with the requirements of all appropriated Approved Codes of Practice, Guidance documents and other recommendations in support of the above Acts or Regulations issued by the Health and Safety Executive.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section D

 

Employer’s Requirements


EMPLOYERS REQUIREMENTS

 

1.                  The purpose of this section is to identify the scope of works, design standards and constraints which will apply to the works required in the design and construction of the reinforced earth slope and engineered earthworks to infill the eastern section of the void at Midland Quarry.  Further information and requirements are given in Section E Description of Works.

 

2.                  The Employer requires the construction of a reinforced earth wall and the infilling of the eastern part of the void at Midland Quarry as a precursor to subsequent residential, leisure and retail development by others. The Contractor will be required to maximise the area available for building development. The Contractor shall provide supporting information to demonstrate the developable area, and areas associated with the quarry high wall which are sterilised for development. The derivation of such areas shall be supported by analysis of the predicted settlement of the infill materials.     

 

3.                  The Contractor shall commission his own design consultants to develop the scheme and shall be entirely responsible for the design and construction of the Works.  The scheme designs included within the Tender Documentation are indicative only and the Contractor is free to develop his own detailed design as he sees fit within the limits indicated.

 

4.                  Throughout the construction period the Contractor’s designs, specification and construction of the Works will be reviewed by the Employer's Representative as appropriate. Specific items of work which require to be referred to the Employer's Representative are noted in this document.  The Employer's Representative will provide input to any aspect of the design, construction and maintenance process as he deems necessary in the form of design briefs and comment on design.

 

5.                  Whilst the Employer’s Requirements includes copies of two site investigation reports it is the Contractor’s responsibility to determine the existing ground conditions, including the carrying out of any further site investigation.

 

6.                  It is the Contractor's responsibility to establish the actual existing site levels shown on the drawings by either checking the information within this document or by carrying out his own level survey.

 

7.                  The Contractor will be required to enter into Collateral Warranties with subsequent  Developers/Leasees/Funders of the development scheme. The General Form of the Collateral Warranty is included as Appendix 2. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section E

 

Description of Works

Description of Works

 

1.                  Site Description and Background

 

1.1              The Midland Quarry site is located approximately 1.5 km to the north west of the town of Nuneaton, off Tuttle Hill (B4114) as shown on Drawing WM02457/101.

 

1.2              The site is a hardrock quarry that has been dormant for some time. Since March 2002 some preparatory works, including site clearance and infilling works to the eastern end of the void, have taken place. Drawing WM02457/102 indicates levels prior to any works being undertaken, whilst Drawing WM02457/103 indicates levels post works carried out in 2002. Digital versions of both surveys are available on request. It is also proposed that others will extract a further 5 million tonnes of rock from the southern wall of the existing quarry upon completion of this Contract.

 

1.3           Century Park Limited propose to redevelop the whole of the Midland Quarry site which involves a number of inter-linked projects with varying timescales.  An indication of the development proposals and evolution of the site is outlined below.

 

Water Body in Main Void (ENV 2)

1.4           It is intended that the water body present in the main quarry void will be retained and enhanced as an environmental and recreational resource.  The water body will provide a central lake with the potential to include facilities such as a marina with boat storage and servicing. 

 

1.5           The proposals involve the “natural” recovery of the water level from its existing level, which would provide a more attractive feature although this will be subject to further investigations.  If necessary the water level will be controlled by pumping into the Coventry Canal under an existing discharge licence, previously held by British Coal. However a comprehensive water management strategy will be implemented to ensure a sustainable final water level is achieved (see Appendix 7).

 

1.6           At present it has not been established to what level the water will recover.  For the purposes of the design it should be assumed that the water level may recover to 85 mAOD.  The Contractor should allow for any pumping from the main water  body to maintain the level below his requirement for construction activities. It will be the responsibility of the Contractor to obtain any necessary Discharge Consents.

 

1.7           Part of the quarry void is currently designated as a Regionally Important Geological Site (RIGS) by Warwickshire Geological Conservation Group due to the considerable educational value of the site. Precise details on the protection of the unconformity between the Hartshill Sandstone formation and overlying Bromsgrove Sandstone Formation have not been agreed. However, the Contractor should allow within his design for the exposure of a section of the unconformity in the north-eastern face of the quarry, to be retained.

 

Development South of the Main Void (DEV 5)

1.8           The proposal for DEV 5, to the south of the main void, is for a mixed use development incorporating development falling under Use Class B1.

 

1.9           Approximately 3ha of this area is presently covered by quarry overburden that forms a mound containing approximately 290,000m3 of material. The overburden will be removed from this area to achieve formation levels and infilled in to the shallow void to attain the development platform required for DEV 11.

 

1.10     Land either side of Bar Pool Brook in the south of the site will be retained and enhanced to maintain the existing wildlife corridor between Holly Stitches and the Coventry Canal.  The Holly Stitches Brook which flows along the southern edge of the overburden mound is to be protected under this contract. The Contractor should included within his design for suitable temporary fencing offset 1.0m from the northern bank of the Brook.

 

Proposed Access Option INF 3

1.11     DEV 5 is to be accessed in the long term from Tuttle Hill following the creation of a new link road INF 3, to the west of the main void. This area does not form part of this Contract.

 

Development East of the Main Void (DEV 11)

1.12     It is proposed that the shallow void to the east of the main void will be infilled to create approximately 2 hectares of high quality waterside residential development within DEV11.  The final number and mix of dwelling types will be determined at the detailed planning stage.

 

1.13  The site will be infilled with approximately 330,000m3 of material from within the site boundary including the overburden mound from DEV 5. Should the circumstance arise that insufficient material is available to fill the shallow void, there may be a necessity to import appropriate quantities of inert material to achieve acceptable development levels. It is the Contractor’s responsibility to establish the actual quantities required either by checking the information within this document or by carrying out his own survey, investigations and calculations.

 

1.14     A combination of B1/leisure development is proposed for 2.02 hectares in the northern section of DEV 11 along the B4114 Tuttle Hill. The Contract includes the preparation of some of this land by reducing levels to form a suitable platform, as shown on Drawing  WM02457/104

 

1.15  The area to the north east of the site includes a mixture of existing development including industrial units and a public house. These buildings will remain in use during the Contract and it is the Contractor’s responsibility to ensure they are adequately protected from noise, vibration, dust and other nuisance.

 

Proposed Access Option INF 3.1

1.16  DEV 11 will be accessed via the INF 3.1 link from Tuttle Hill. This road will service both the northern and eastern sections of the site. The construction of this road does not form part of this Contract but the infilling works are to be carried out in such a manner that INF 3.1 can subsequently be constructed to an adoptable standard.

 

Geology

1.17                             The geology of the site is recorded on the 1:10,000 scale geological maps, Sheet SP 39 SE and SP 39 SW published by the British Geological Survey (BGS) in 1992.

 

Superficial Deposits

1.18                             The published geological mapping indicates the presence of made ground materials to the south and south west of the site.  These materials form an overburden / spoil mound resulting from former quarrying activities.

 

1.19                             Naturally occurring superficial deposits (alluvium) described as grey to brown silty clay with local lenses of sand and gravel are indicated within, and adjacent to the southern and south eastern boundary of the site.  These materials are considered to be associated with the Holly Stitches and Bar Pool Brooks. 

 

Solid Geology

1.20                             The geological mapping indicates the site to be underlain predominantly by strata of the Hartshill Sandstone Formation of Cambrian age.  This Formation is summarised below:

 

·         Woodlands Member, massive arkosic sandstone with subordinate shale;

·         Home Farm Member, conglomeratic, micritic limestone;

·         Jees Member, buff to dark red micaceous sandstone with shale;

·         Tuttle Hill Member, grey to red brown arkosic sandstone with mudstone and sparse conglomerate;

·         Park Hill Member, massive grey arkosic sandstone.

 

1.21                             A large lamprophyre sill (igneous) is indicated to be intruded into the Tuttle Hill Member, dipping steeply to the south west at between 40o and 60o.  The sill, exposed in the north and north eastern face of the quarry void, is reported to be the largest exposure of its kind in Warwickshire. 

 

1.22  The north east and a portion of the eastern part of the site is underlain by strata of the Bromsgrove Sandstone Formation.  This formation of the Triassic period lies unconformably above the Hartshill Sandstone Formation and is described as brown to pale grey sandstone with interbedded red-brown siltstone and mudstone and localised areas of coarse breccia.  The Bromsgrove Sandstone is indicated to dip at approximately 22o to the north east.

 

1.23  The alluvial deposits located to the south west of the site are indicated to be underlain by strata of the Purley Shale Formation, this is a member of the Stockingford Shale Group of the Cambrian Period.  The Purley Shale Formation is described as purple and red to grey blocky mudstones and minor siltstone.

 

1.24  Midland Quarry has been designated a Regionally Important Geological and Geomorphological Site (RIGS) by the Warwickshire Geological Conservation Group.  This designation relates to the exposure of the lamprophyre sill and the unconformity between the Triassic Sandstones and the Cambrian strata. The Contractor shall ensure that a section of the exposure of the unconformity is preserved.

 

 

2          Scope of Works

 

2.1  The Contractor shall be responsible for the design and construction of the following:

 

·        Reinforced Earth Slope;

·        Engineered Infill to required levels;

·        Excavation of existing quarry overburden mound.

 

3        Reinforced Earth Slope

 

3.1       The Contractor shall design and construct a reinforced earth slope in the approximate location shown on Drawing WM02457/104. The Contractor shall design the slope such that the crest of the slope is not further east than the line indicated on Drawing WM02457/103 and not higher than the proposed levels indicated. The slope shall have a 45 degree face.

 

3.2   The reinforced earth slope shall be designed to accommodate the following:

 

·         A Industrial Distributor Road (7.3m carriageway and 2.0m footpaths) constructed to adoptable standards at a minimum 2.0m from the crest of the slope;

·         The potential to include an access road constructed on a 10m wide berm running across the slope from 94.4m down to 70.0m for access to the water body in the main void – the location and gradient of such a road have not been identified and it will be the responsibility of the Contractor to establish the requirement for such a road in consultation with the Employer;

·         The construction of, up to, 3 storey buildings, constructed on raft foundations with loadings of between 75 to 120 kn/m2, at a minimum 5.0m from the crest of the slope;

·         No geotextile within the top 3.0m of the slope to accommodate the construction of roads, foundation, services etc;

·         The variable topography of the base and sides of the existing void in the area of the proposed slope – the Contractor must include within his design for all necessary excavation of rock and loose materials to permit the construction of the slope, and for any necessary anchoring of the geotextile to the rock faces at the sides of the slope;

·         Inundation of the fill materials within the reinforced slope, and to the rear, to a level of at least 85 mAOD;

·         The rapid draw down of the main water body (after completion of the construction works) from 85 mAOD to below the base of the slope;

 

 

3.3       The slope shall be finished with a suitable protective face beneath, and just above the water level, and a suitable medium above to allow vegetation of the slope. All finishes shall be in keeping with the remaining quarry walls.

 

3.4       A drainage system shall collect surface water run-off from the completed surface to prevent erosion of the surface and silting of the adjacent water bodies and discharge it at the point authorised by the Environment Agency via settling and interceptor tanks.

 

3.5       A 1.5m high post and rail fence (or similar) shall be erected along the top of the completed slope.

 

3.6        The level of the top of the slope shall be as shown on Drawing WM02457/104.

 

3.7  The Contractor shall be responsible for determining the following:

 

·         The suitability (both geotechnical and geochemical) of the materials within the overburden mound for use within the reinforced earth slope;

·         The quantity of rock required to be trimmed from the base and sides of the void to allow construction of the slope;

·         The precise location of the slope to provide the required developable area (or more) whilst maintaining a safe stand off from the edge of the bench to the main void to allow construction of the wall and ensure its long term stability;

·         The requirement for any drainage layers within the slope;

·         The topography of the slope to allow the exposure of a section of the unconformity cited in the RIGS designation.

 

4        Engineering Infill

 

4.1       The Contractor shall design and construct the engineered infill at the location indicated on Drawing WM02457/104.

 

4.2       The specification shall be the ‘Specification for Highway Works’ 1998 (incorporating revisions dated June 1998 and May 2001) published by the HMSO as Volume 1 of the Manual of Contract Documents for Highway Works (referred to hereafter as the General Specification) subject to the amendments in Section F.  For the purposes of this contract, references in the Specification for Highway Works to numbered Appendices shall refer to the Particular Specification.

 

4.3       The works shall be undertaken with the appropriate plant and labour necessary to comply with the requirements of the Specification.

 

4.4       Suitable reference points for the control of levels shall be erected by the Contractor prior to the commencement and maintained until the completion of the Works.  Finished fill levels will be confirmed by Century Park Ltd.

           

4.5       Adequate precautions shall be taken against damage to the storm sewer which flows through the southern section of the site. Additionally both Bar Pool and Holly Stitches Brooks are to be protected.

 

4.6    The Works shall include the excavation and stockpiling when required of all excavated fill materials.

 

4.7       It is estimated that the total amount of compacted fill required for the re-engineering of all phases of the works is in the order of 330,000m3.  Double handling of materials into stockpiles is likely to be required.

 

4.8       During the placement and compaction of fill materials at the commencement of the site works, field tests shall be carried out to assess the standard of compaction that can be achieved with the various site won and imported fill materials.  The standard of compaction achievable on site shall be assessed by field observations on field trial pads.

 

4.9       All materials encountered during the excavation works shall, where acceptable, be used for fill and, where unacceptable, be stockpiled separately.  Any topsoil encountered during the excavation works shall be stockpiled separately for re-use across the site under a separate contract.  Unacceptable materials, such as oversize blocks and organics (wood etc) are defined in the Specification.

 

4.10     All areas of prepared base of excavation shall be inspected, photographed and approved prior to the commencement of filling operations. 

 

4.11     After completion of the reduced level dig and prior to the placement of any fill the base of the excavation shall be compacted by the number of passes of the compaction plant as appropriate to the class of material being compacted. The prepared formation shall be inspected and any soft spots removed as deemed necessary.

 

4.12     All materials placed will be compacted to an end product specification to achieve 95% of the maximum dry density. Material for compaction shall be spread in uniform layers and the thickness of the compacted layer and the number of passes of the compacting equipment shall be determined from the category of the fill material and the type and weight of the compacting plant as defined in the Specification.  They will be determined prior to commencing operations and may be varied as the work proceeds.  During placement construction traffic shall be directed uniformly over the whole of the compacted area.  Any damage to compacted layers shall be made good prior to placement of any further layers.

 

4.13     If any material deposited as fill subsequently reaches a condition such that it cannot be compacted in accordance with the requirements of the Contract it shall either:

 

i)                     be removed from the works either to the unsuitable area or elsewhere until it is in a suitable physical condition for re-use and replaced with acceptable material, or

 

ii)         be made good by mechanical or chemical means to improve stability, or

 

iii)         works shall be terminated on the material until its physical condition is again such that it can be compacted as described in the Specification.

 

4.14     All fill shall be placed in near horizontal layers and made up evenly with an adequate fall maintained on the compacted surface at all times so that surface water may be shed rapidly.  The fall should be directed away from the operational fill area.  Surface water may need to be controlled to prevent flooding of adjacent land.

 

4.15     When fill levels have risen sufficiently for natural drainage of the area, the surface shall be regulated to avoid ponding and secure rapid run off.  Particular attention shall be paid to ensuring the site is free draining at the end of each working day.  No nuisance shall be caused to owners and occupiers of adjacent land or the Local Authority in respect of its road and sewers by surface water and any sand, silt or clay carried in suspension draining from the site.  All necessary steps shall be taken to ensure that all such run off is contained on the site and dispersed via silt traps in a planned manner.  Any proposals to dispose of excess water to a public sewer shall be subject to the prior agreement and requirements of the responsible Authority.

 

4.16     In the event of the work being suspended by prolonged wet weather or frost, filling operations shall not be resumed until the formation level or compacted surface has drained or thawed and inspections have shown it still to be in a sufficient state of compaction.  If considered necessary, further compaction shall take place to restore the surface to its previous condition before any new fill is deposited.

 

4.17     Special care shall be taken around the margins of the fill to ensure that these areas are properly compacted.  If necessary, in small fill areas, special compaction machinery shall be used and layer thickness reduced but in no case shall a lower standard of compaction be accepted.

 

4.18     Where excavation material includes any blocks of natural or man-made origin which exceed 2/3rds the compacted layer thickness or are greater than approximately 0.015m³ in volume, the materials shall be deemed to be unacceptable for immediate re-use as fill without processing.

 

4.19     Any organic materials (such as wood branches etc) encountered either at the site of excavation or within the fill area shall be removed.

 

4.20     When materials of widely divergent characteristics are used in fill areas, they shall be spread and compacted in separate clearly defined areas in such a manner as to comply with the requirements for each material type as defined in the Specification.  If more than one class of material is used such that it is impracticable to define the areas in which each class occurs separately, compaction plant shall be operated as if only the material which requires the greatest compactive effort is being compacted.

 

4.21     All reasonable steps shall be taken to prevent nuisance from dust blowing from the surface of the site and, in particular, special attention shall be given to haul roads by regular watering or other treatment.

 

4.22          The engineered infill shall be designed to allow for raft type foundations with a minimum bearing capacity of 80 kN/m2.

 

4.23          The Contractor shall be responsible for determining the requirement for any drainage layers within the engineered infill. Additionally the requirement for drainage measures to intercept any seepages from the quarry walls will need to be considered.

 

4.23     The Contractor shall include within his design and works settlement monitoring apparatus and a long term monitoring/reporting regime (minimum 2 years).

 

4.24     The Contractor shall note that the precise location of the resultant buried highwall will be required.  The Contractor shall allow for all necessary surveying to record the rock face of the existing exposed and buried walls to the void. The Contractor shall provide ssupporting information to demonstrate the developable area, and areas associated with the quarry high wall which are sterilised for development. The derivation of such areas shall be supported by analysis of the predicted settlement of the infill materials.     

 

 

4.25     The Contractor shall allow for the establishment of a daily monitoring regime to record the amount of precipitation at the site, the water level in the main void and the rate and duration of any pumping from/into the main void.

 

4.26     The Contractor shall be responsible for determining the suitability of the materials placed and compacted within the shallow void during 2002 for incorporation into this Contract. If deemed suitable for incorporation without any further works the Contractor shall include within his design appropriate geotechnical justification to the satisfaction of the Employers Representative. The Contractor shall also accept liability for the previous works and include it within his warranties for the whole of the works.

 

 

5        Excavation, Classification and Utilisation of Excavated Materials

 

5.1        The majority of the materials to be excavated will comprise topsoil, subsoil, clay, silt, sand and gravel.

 

5.2        The Contractor may use any of the excavated materials within the Works (subject to compliance with the specification) and any surplus material shall be deposited in adjacent areas at locations to be agreed.

 

 

6        Access Roads and Haul Roads

 

6.1       Access to the site shall be via the existing gates onto Tuttle Hill.  The Contractor shall take all necessary measures to prohibit the deposition of mud etc onto Tuttle Hill. The Contractor shall obtain written approval from the Highways Authority in relation to the use of the access and any necessary modifications and signage.

 

6.2       The Contractor shall construct and maintain temporary haul roads to a standard which the Contractor considers will be suitable for the trafficking of his plant etc and shall remove and reinstate all temporary haul roads on completion of the works.

 

7        Working Constraints

 

7.1  The Contractor shall make allowance within his design and construction works for the limitations of working within a quarry site with unprotected highwall/slopes and deep water

 

7.2  Due to the depth of the quarry void and the limitation of the working area in the base of the void the Contractor shall be aware of the need for careful planning and programming of the works.

 

 

 

 

 

 

 

8        Control of Surface Water and Groundwater

 

8.1  The Contractor shall take all measures to collect and control groundwater and surface water during the works and shall ensure that all discharges satisfy the Environment Agency.

 

9        Possession of Site

 

9.1  Prior to commencement of the Works, the boundary to the Site shall be agreed between the Employer and the Contractor.  Access to all areas of the Site will be available from the Date of Commencement of Works.  The Contractor shall note that the entrance onto Tuttle Hill shall also provide access to the quarry for the Employer.  It is essential that access to the site for the Employers vehicles is maintained at all times unless agreed otherwise by Employer.

 

10    Programme

&nbbsp;

10.1     The Contractor shall submit a programme for the Works to the Employer’s Representative.

 

11    Contractor's Site Offices, Services and Facilities for Employees, Stores, Workshops etc

 

11.1          All the Contractor's administration offices, site offices, cabins, stores and facilities must be located within an area to be agreed with the Employer’s Representative.  The Contractor shall supply office space (minimum 2 desks), office supplies, suitable protective clothing, welfare facilities and consumables for use by the Employer and Employers Representative. The Contractor shall supply all toilets, washing and other facilities to be used by his staff, the Employer and the Employers Representative.

 

12    Additional information made available by Employer at time of Tender

 

12.1          Additional information made available by the Employer at time of Tender is attached as Appendices 1-8.

 

13    Health and Safety

 

13.1          The Contractor shall, in addition to all of his statutory obligations with respect to Health and Safety, comply with the requirements of the Employer in respect of his operations on Site.  The Contractor shall note that the works will be subject to the requirements of the Construction (Design and Management) Regulations 1994.

 

14    Meetings

 

14.1          The Contractor shall attend fortnightly progress meetings during the course of the Contract to be held with (as a minimum) the Employers Representative.

 

 


&nbssp;

 

 

 

 

 

 

 

 

 

Section F

Specification
PREAMBLE TO THE SPECIFICATION

 

1          The Specification referred to in the Tender shall be the `Specification for Highway Works' 1998 (incorporating revisions dated June 1998 and May 2001) published by HMSO as Volume 1 of the Manual of Contract Documents for Highway Works, as modified and extended by the following:

 

            (i)         Appendix 0/1: Contract Specific Additional, Substitute and Cancelled Clauses and Tables.

            (ii)        The numbered Appendices listed in Appendix 0/3.

            Attached Appendix 0/4 contains a list of the Drawings.

 

3          An Additional Clause as indicated by a suffix`AR' in Appendix 0/1 is a Contract-specific alteration.

4          A Substitute Clause as indicated by a suffix`SR' in Appendix 0/1 is a Contract-specific alteration.

5          A Cancelled Clause indicated by a`CR' in Appendix 0/1 is a Contract-specific alteration.

6          Insofar as any of the Numbered Appendices may conflict or be inconsistent with any provision of the Specification for Highway Works the Numbered Appendices shall always prevail. 

7          Any reference in the Contract to a Clause number or Appendix shall be deemed to refer to the corresponding Substitute Clause number or Appendix listed in Appendix 0/1.

8          Where a Clause is altered any original Table referred to in the Clause shall apply unless the Table is also altered.  Where a Table is altered any reference in a Clause to the original Table shall apply to the altered Table.

9          Where a Clause in the Specification relates to Work goods or materials which are not required for the Works it shall be deemed not to apply.

10        Any Appendix referred to in the Specification which is not used shall be deemed not to apply.

11        Any material Class not amended in Tables 6/1(i)-(ii)SR shall conform to the requirements of the original Table 6/1.

 


APPENDIX 0/1

CONTRACT SPECIFIC ADDITIONAL, SUBSTITUTE AND CANCELLED CLAUSES AND TABLES INCLUDED IN THE CONTRACT

INDEX

Clause No (etc)

Title

SERIES 100

170AR

171AR

172AR

173AR

174AR

175AR

176AR

177AR

178AR

PRELIMINARIES

General

Protection Of Roads And Accesses

Preservation Of Existing Features

Storage Of Hazardous Materials

Hours Of Working

Nuisance

Drainage

Publicity

Materials Arising From The Site To Be Stored On Or Off Site

SERIES 200

270AR

SITE CLEARANCE

Burning Of Surplus Material


SERIES 100 – PRELIMINARIES

 

Clause 170AR

General

The Contractor shall be responsible for the provision of any services for his own use, full details of which shall be agreed with the Employer.  The Contractor shall also be responsible for any diversions or alterations to existing services which he requires, full details of which shall be agreed with the Employer.

 

Clause 171AR

Protection Of Roads And Accessees

The Contractor shall ensure that the wheels or tracks of any vehicles or other plant leaving the Site are thoroughly cleaned so that no dirt is deposited on the highway.  Tracked vehicles will not be allowed to traffic directly on public highways.

 

Clause 172AR

Preservation Of Existing Featurres

The Contractor shall take all reasonable and necessary precautions to safeguard existing features which the Employer requires to be retained in or about the Works and shall make good to the approval of the Employer any damage done to existing structures, paths, fences, trees and other natural features.  No trees, hedges or bushes are to be removed without the prior consent of the Employer, whether specified in the Contract to be removed or not.

 

Clause 173AR

Storage Of Hazardous Materials<

In compliance with COSHH legislation, the Contractor shall make arrangement for the safe storage of Hazardous Materials that he may require to use in connection with the Works and for their distribution about the Site.  If any area of the Site becomes contaminated with hazardous materials imported or used by the Contractor, the contamination shall be treated by the Contractor.  Fuels and lubricants shall be drawn from a central supply point approved by the Employer and appropriate bunding shall be provided by the Contractor for fuel tanks etc.  The capacity of all bunding arrangements shall be 1.1 times the relevant tank size.

 

Clause 174AR

Hours Of Working

The hours of working on the Site shall be from 0700 to 1900 from Monday to Friday and 0700 to 1300 on Saturday.  Under no circumstances shall work on the Site be carried out outside the specified hours or at any time on Sunday or Public Holidays without the permission of the Employer.


 

Clause 175AR

Nuisance

The Contractor shall carry out the Works so as to cause the minimum of nuisance and inconvenience to the general public and to the owners and occupiers of properties adjacent to the Site.

 

Clause 176AR

Drainage

Notwithstanding the Special Reqquirements of the Environment Agency the Contractor shall comply with the following:

(i)           Water shall not be discharged from the Works into existing water courses or elsewhere without the prior approval of the Employer.

(ii)         No discharge whatsoever shall be made to existing sewers, drains and manholes unless otherwise agreed with the Employer.

 

Clause 177AR

Publicity

1.           The Contractor shall not give any information concerning the Works for publication in the press or on radio, television or screen or elsewhere without the written approval of the Employer.

2.           The Employer shall first approve all advertisements and Contractors or Sub-Contractors nameboards to be erected within the Site by the Contractor or by any Sub-Contractor.

3.           All approved advertisements and Contractors or Sub-Contractors nameboards within the Site shall be removed within seven days of the date of the Certificate of Completion of the Works.

 

Clause 178AR

Materials Arising From The Sitee To Be Stored On Or Off Site

1.                  Where materials arising from the Works are to be transported to or from Stockpiles, the Contractor shall carefully remove them, haul and fill as described in the Contract.

 

 

 

 


SERIES 200 – SITE CLEARANCE

Clause 270 AR

Burning Of Surplus Material

The onsite burning of materials shall not be permitted.

 

 p;

 


                                                                                   APPENDIX 0/3

LIST OF NUMBERED APPENDICES REFERRED TO IN THE SPECIFICATION AND INCLUDED

IN THE CONTRACT

&nbssp;

 

Series

Appendix No

Contents

 

 

100

 

 

1/1

1/2

1/3

1/4

1/5

1/6

1/7

1/8

1/9

1/10

1/11

1/12

1/13

1/14

1/15

1/16

1/17

1/18

1/19

1/20

1/21

1/22

1/23

1/24

1/25

PRELIMINARIES

 

Not Used

Not Used

Not Used

Not Used

Testing To Be Carried Out By The Contractor

Not Used

Site Extent and Limitation on Use

Not Used

Not Used

Structures to be designed by the Contractor

Not Used

Setting Out And Existing Ground Levels

Programme Of Works

Monthly Statements

Not Used

Privately and Publically Owned Services and Supplies

Traffic Safety and Management

Not Used

Routing of Vehicles

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

 

 

200

 

 

2/1

2/2

2/3

2/4

2/5

SITE CLEARANCE

 

Not Used

Not Used

Retention of Material Arising from Site Clearance

Not Used

Not Used

 

 

300

 

 

3/1

3/2

FENCING AND ENVIRONMENTAL BARRIERS

 

Not Used

Not Used

 

 

 

400

 

 

 

4/1

4/2

SAFETY FENCES, SAFETY BARRIERS AND PEDESTRIAN GUARDRAILS

 

Not Used

Not Used

 

 

500

 

 

5/1

5/2

5/3

5/4

5/5

DRAINAGE AND SERVICE DUCTS

 

Drainage Requirements

Service Duct Requirements

Not Used

Not Used

Not Used

 

 

600

 

 

6/1

 

6/2

6/3

 

6/4

6/5

6/6

6/7

6/8

6/9

6/10

6/11

6/12

6/13

EARTHWORKS

 

Requirements For Acceptability And Testing Etc. Of Earthworks Materials

Not Used

Requirements For Excavation, Deposition, Compaction (Other Than Dynamic Compaction)

Not Used

Geotextiles Used To Separate Earthworks

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

 

 

700

 

 

7/1

7/2

7/3

7/4

7/5

7/6

ROAD PAVEMENTS - GENERAL

 

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

 

 

1100

 

 

11/1

KERBS, FOOTWAYS AND PAVED AREAS

 

Not Used

 

 

 

1200

 

 

12/1

12/2

12/3

12/4

12/5

12/6

TRAFFIC SIGNS

 

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

 

 

1300

 

 

13/1

13/2

13/3

ROAD LIGHTING COLUMNS AND BRACKETS

 

Not Used

Not Used

Not Used

 

 

 

1400

 

 

 

14/1

14/2

14/3

14/4

14/5

ELECTRICAL WORK FOR ROAD LIGHTING AND TRAFFIC SIGNS

 

Not Used

Not Used

Not Used

Not Used

Not Used

 

 

1500

 

 

15/1

MOTORWAY COMMUNICATIONS

 

Not Used

 

 

1600

 

 

16/1

PILING AND DIAPHRAGM WALLING

 

Not Used

 

 

1700

 

 

17/1-17/4

(inclusive)

STRUCTURAL CONCRETE

 

Not Used

 

 

1800

 

 

18/1

STRUCTURAL STEELWORK

 

Not Used

 

 

1900

 

 

19/1

19/2

19/3

19/3

19/4

19/5

19/6

19/7

19/8

19/9

PROTECTION OF STEELWORK AGAINST CORROSION

 

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

Not Used

 

 

2000

 

 

20/1

20/2

WATERPROOFING FOR STRUCTURES

 

Not Used

Not Used

 

 

2100

 

 

21/1

BRIDGE BEARINGS

 

Not Used

 

 

  2200

 

 

  22/1

PARAPETS

 

Not Used

 

 

2300

 

 

23/1

23/2

BRIDGE EXPANSION JOINTS AND SEALING OF GAPS

 

Not Used

Not Used

 

 

2400

 

 

24/1

BRICKWORK, BLOCKWORK AND STONEWORK

 

Not Used

 

 

2500

 

 

25/1

25/2

25/3

SPECIAL STRUCTURES

 

Not Used

Not Used

Not Used

 

 

2600

 

 

26/1

26/2

MISCELLANEOUS

 

Not Used

Not Used

 


APPENDIX 0/4

 

LIST OF DRAWINGS INCLUDED IN THE CONTRACT

 

Drawing Number                    Title                                                                            Scale

 

 

WM02457/101                                    Midland Quarry Site Location                                       1:10,000

WM02457/102                                    Original Site Levels                                                       1:1000

WM02457/103                                    Post 2002 Site Levels                                                   1:1000

WM02457/104                                    Proposed Infilling Works                                              1:1000                        


APPENDIX 1/5

 

TABLE 1/5 – TESTING TO BE CARRIED OUT BY THE CONTRACTOR

 

1.                  The Contractor shall demonstrate by appropriate testing that the Works have been constructed in accordance with the contractor’s design and the Contractor’s specifications.

 

2.                  The scope of testing shall comply in all respects with the relevant tests covered in Table NG1/1 of the Notes for Guidance on the Specification.

 

3.                  The Contractor shall identify in his design submission the schedule of tests he considers appropriate to confirm compliance with the requirements of the specification and design and shall list any further testing he considers necessary which is not covered in Table NG1/1.

 

4.                  The following Table 1/5 is to be completed by the Contractor

 

Clause

Work

Test

Frequency

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


APPENDIX 1/7

 

SITE EXTENT AND LIMITATIONS ON USE

 

1.                  Extent of the Site

 

(i)                  The extent of the Site is indicated on the Tender Drawings.

 

2.                  Limitation of the Use of the Site

 

(i)                  The Contractor must comply in all respects with the information detailed in the Specification and Description of Works and on the Tender Drawings.


APPENDIX 1/10

STRUCTURES TO BE DESIGNED BY THE CONTRACTOR

 

1          The Contractor shall design all the Works described in the Employer’s Requirements and Description of Works.

&nbssp;

 

&nbssp;

&nbssp;

 

&nbssp;

&nbssp;


                                                                                                                           APPENDIX 1/12

SETTING OUT AND EXISTING GROUND LEVELS

&nbssp;

1                    The location and co-ordinates of survey control stations to be used for the setting out of the Works will be supplied to the Contractor as will the level datum used to determine existing ground levels shown on the drawings.

2                    The Contractor shall, as soon as he takes possession of the Site, check the inter-relationship between the survey control stations for which information is provided and any discrepancies found shall be reported and revised values agreed with the Employer’s Representative before setting out the Works.

3                    The Contractor shall, as soon as he takes possession of the Site, check the levels and any discrepancies between these and the levels indicated in any part of the Contract shall be reported to the Employer’s Representative before commencement of the Works.

4                    The Contractor shall as soon as practicable supply the Employer’s Representative with records, relating to all survey ground markers and reference pegs as well as bench marks and shall keep such records up to date by formal notice to the Employer’s Representative.


                                                                                                                           APPENDIX 1/13

 

PROGRAMME OF WORKS

&nbssp;

1.         The Contractor shall provide the Programme of Works in a form of Bar Charts/Space-Time Diagrams produced as a result of a Critical Path Analysis. They shall show the level of detail appropriate to each stage of the Works and all activities and restraints, each of which shall be given a short title.  All events shall be numbered and annotated with earliest and latest event dates.  At the time of the Programme the Contractor shall also provide the locations and capacities of anticipated plant and other resources.


                                                                                                                           APPENDIX 1/14

&nbssp;

MONTHLY STATEMENTS

&nbssp;

1.         The Contractor shall submit a schedule of payments at time of tender for consideration and approval by the Engineer.

 

 

 


APPENDIX 1/16

PRIVATELY AND PUBLICY OWNED SERVICES AND SUPPLIES

1.                  The Contractor shall make arrangements with the Statutory Undertakers and Utility Companies and others concerned, for the co-ordination of his work with all work which needs to be done by them or their Contractors concurrently with the works.

2.                  The Contractor shall make arrangements with the Statutory Undertakers and others concerned for the phasing of all necessary disconnections and diversions of private services affected by the works.

3.                  Disconnected apparatus can be removed by the Contractor only with the prior approval of the Authority/Company concerned.


                                                                                                                           APPENDIX 1/17

 

            TRAFFIC SAFETY AND MANAGEMENT

           

1.                  Access Roads and Haul Roads

 

1.1              Access to the site for all construction traffic shall be from Tuttle Hill via the existing entrance.

 

1.2              The Contractor shall construct and maintain temporary haul roads at locations agreed with the Employer’s Representative and to a standard which the Contractor considers will be suitable for the trafficking of his construction plant etc.

 

1.3              The Contractor shall allow for the provision of road sweepers and all facilities necessary to prevent the transference of mud etc onto Tuttle Hill.

 


APPENDIX 1/19

 

ROUTING OF VEHICLES

 

1.                  Unless otherwise agreed with the Employer’s Representative, the Contractor shall only route vehicles along the haul roads and access roads marked on the Contract Drawings. Reference should be made at Appendix 1/17.

 


                                                                                                                             APPENDIX 2/3

 

RETENTION OF MATERIAL ARISING FROM SITE CLEARANCE

 

1.         Timber and other vegetation arising from the works shall be shredded by the Contractor and deposited in an area identified by the Employer’s Representative.


                                                                                                                             APPENDIX 5/1

 

DRAINAGE REQUIREMENTS

 

1.                  The Contractor shall submit with this design a completed Appendix 5/1:  Drainage Requirements in accordance with the Notes for Guidance on the Specification.

2.         Drains and associated structures shall be constructed by the Contractor as detailed in the Specification and Description of Works.

3.         The Contractor shall carry out testing of all materials in accordance with the details given in Appendix 1/5.

&nbssp;


APPENDIX 5/2

 

SERVICE DUCT REQUIREMENTS

 

1.                  The Contractor shall submit with this design proposals a completed Appendix 5/2: Service Duct Requirements in accordance with the requirements of the Notes for Guidance on the Specification.

 

 


                                                                                                                             APPENDIX 6/1

 

REQUIREMENTS FOR ACCEPTABILITY AND TESTING ETC OF EARTHWORKS MATERIALS

 

1.                  The Contractor shall be required to classify the available materials in accordance with Series 600 of the Specification and shall supply the Employer’s Representative with copies of information and laboratory test data.

 

2.                  The Contractor shall submit with his design proposals a completed Specification Table 6/1: Acceptable Earthworks Materials: Classification and Compaction Requirements.  The Contractor’s attention is drawn to the need to prepare and submit a completed Appendix 1/5 detailing his proposals for testing for the classification and acceptability of materials.            

 

3.                  The Contractor shall be responsible for determining suitably of materials at point of excavation and point of deposition and the suitability of all imported materials in accordance with requirements of Appendix 1/5.  Materials for use as general fill shall have a moisture content between the range determined from the 2.5kg rammer compaction test (Appendix 1/5) as necessary to achieve 95% of maximum dry density.

 


                                                                                                                             APPENDIX 6/3

 

REQUIREMENTS FOR EXCAVATION, DEPOSITION, COMPACTION (OTHER THAN DYNAMIC COMPACTION)

 

1.                  The contractor shall ensure that the angle of all permanent excavated slopes shall be no greater than 1 in 3 to the horizontal. Temporary slopes shall be no greater than 1 in 1 to the horizontal.  Shallow bunds and stockpiles shall be formed at angles no steeper than 1 in 2 to the horizontal.

 

2.                  Details of compaction requirements for materials acceptable for use as general fill are given in Specification Table 6/1 (to be completed by the Contractor).

 

3.                  The Employer’s Representative may use a nuclear surface density gauge to measure field densities and moisture contents of compacted fill.

 

4.                  The Contractor shall satisfy himself as to the quality of all formations prior to constructing the Works.  The Contractor shall allow for undertaking further investigation of the formation, if necessary, in order to satisfy himself that the performance of the formation will be adequate.

 

5.                  Copies of existing Site Investigation information are attached as Appendix 1.


                                                                                                                             APPENDIX 6/5

 

GEOTEXTILES AND GEOMEMBRANES USED TO SEPARATE EARTHWORKS MATERIALS

&nbssp;

1.         The Contractor shall submit with his design proposals a completed Appendix 6/5: Geotextiles used to Separate Earthworks Materials in accordance with the requirements of the Notes for Guidance on the Specification.


 

 

 

 

 

 

 

 

 

 

 

 

 

Section G

 

Lump Sum Build Up/Schedule of Rates


Lump Sum Build Up/Schedule of Rates

 

To be completed by Tenderer.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hosted by www.Geocities.ws

1