DEMAND ORDER | Contract No: CT/COMM1/0097/005, dated 24 OCTOBER 2014 FINAL - EXECUTED Principal Support Provider for Construction Design and Project Management Services United Kingdom Demand Order Tender Number: CT/COMM1/005T Version: 1 (FINAL) Issue Date: 24 OCTOBER 2014 Form v0_6 Project: Z9A9113Y12 Document Version: 1 (FINAL) Page 1 of 10 DEMAND ORDER | Contract No: CT/COMM1/0097/005, dated 24 OCTOBER 2014 FINAL - EXECUTED DEMAND ORDER This is a Demand Order to undertake Services in accordance with clause 4 (Direct Award Ordering Process) of the Framework Agreement relating to Principle Support Providers within the Defence Estate, dated 10 June 2014, Framework Agreement No: CT/COMM1/0097 with WYG Management Services Ltd . This Demand Order forms part of a Contract for the provision of Services, which is entered into pursuant to the aforementioned Framework Agreement; the other documents that form part of this Contract are listed in Section 2 below. This document is executed and legally binding on the Parties only when Section 5, Parts A and B are signed and dated by the Parties. SECTION 1 - DEMAND ORDER IDENTIFICATION * UNIQUE CONTRACT NO: VERSION NO DIO PROJECT NUMBER PROJECT OFFICER: CT/COMM1/0097/005 Version 1 (FINAL) Z9A9113Y12 Bob Shepherd, [email protected], 01748 875018, DIO PPD, Defence Infrastructure Organisation, Building 18, Piave Lines, Leyburn Road, Catterick Garrison, North Yorkshire, DL9 3LR DEMAND ORDER TITLE AND PHASES OF WORK DATE: 24 OCTOBER 2014 STATUS: DIO PROJECT TITLE FINAL - EXECUTED ABP, Redevelopment Bourlon Barracks and Beach Head Lines, Catterick Garrison COMMERCIAL Simon Mooney, dioOFFICER: [email protected], 01748 875030, DIO Commercial, Defence Infrastructure Organisation, Defence Infrastructure Organisation, Building 18, Piave Lines, Leyburn Road, Catterick Garrison, North Yorkshire, DL9 3LR DPO and Procurement, Work Stages 4a to 5b. Stage 6, 7a, 7b, 7c and 8 are optional. Please see Section 3.5 † PROCUREMENT STRATEGY: NEW BUILD / REFURBISHMENT: Est contract value for Main Works: Works Contractor’s Design New Build: 5% and Refurbishment 95% £16.114M Starting Date: Completion Date: 20/10/2014 Form v0_6 Project: Z9A9113Y12 26/02/2018 (to end of Work stage 7b) Document Version: 1 (FINAL) Page 2 of 10 DEMAND ORDER | Contract No: CT/COMM1/0097/005, dated 24 OCTOBER 2014 FINAL - EXECUTED ‡ / Consultant: WYG Management Services Ltd UIN: D4443T P2P Unique Order Identifier: Front Line Command MOD Main DIO ODC Requirements Customer Manager: MOD Affected Properties Form v0_6 Project: Z9A9113Y12 Steven May Senior Requirements Manager Bourlon Barracks & Beach Head Lines, Catterick Garrison Document Version: 1 (FINAL) Page 3 of 10 DEMAND ORDER | Contract No: CT/COMM1/0097/005, dated 24 OCTOBER 2014 FINAL - EXECUTED SECTION 2 – CONTRACT DOCUMENTS This Contract (CT/COMM1/0097/005T dated 19 September 2014) shall be constituted of the following documents [insert document name/title, version number, status and date], which shall constitute the entire agreement between the Parties: 1 2 3 4 5 6 7 8 (the “Scope” includes “Project Brief and TSOR”) (the “Conditions of Contract”) (the “Contract Data Part 1”) (the “Contract Data Part 2” (the “Accepted Plan”) (this document “the Demand Order”) SECTION 3 – KEY FACTS Order of Precedence | Where there is any conflict between the content of this section 3 of this Demand Order and any other document that constitutes the Contract (CT/COMM1/0097/005T dated 19 September 2014) then the contents of the Conditions of Contract, the Scope, the Contract Data Part 1, the Contract Data Part 2 and the Project Brief shall prevail in that order of precedence. SECTION 3.1 | Summary of the requirement as detailed in the Scope and the Contract Data Parts 1 and 2 (A) (B) Ite Short Description m No: 1 WS 4b 2 WS 5a 3 WS 5b 4 WS 6 5 W6 – Include Performance Measurement of NGEC Framework Contract, as per instruction xxx in Mini Tender Notice 6 WS 7a, 7b, 7c 7 WS 8 Form v0_6 Project: Z9A9113Y12 (C) Price (£) (D) Firm, Fixed, Target or Estimated Firm Firm Firm Firm (E) Limit of Liability (F) Maximum Limit of Liability £0.00 £0.00 £0.00 £0.00 £0.00 £0.00 £0.00 Document Version: 1 (FINAL) Page 4 of 10 DEMAND ORDER | Contract No: CT/COMM1/0097/005, dated 24 OCTOBER 2014 FINAL - EXECUTED SECTION 3.2 | Summary of deliverable documents provision dates & Key Dates [complete in chronological order, include the provision of draft deliverable document] as detailed in the Scope and the Contract Data Parts 1 and 2 (A) (B) (C) (D) (E) Item Short Description of deliverable document or Condition Key Docu Date No: for Key Date Date ment 1 WS 4b - All associated deliverbles for work stage 4b Mobilisation Meeting minutes 27 Oct 14 Progress Report – Monthly ongoing through WS 4b - 7 10 Nov 14 Quality Plan 14 Nov 14 Project Programme 14 Nov 14 Draft Risk Register 26 Nov 14 Derived Design document 23 Feb 15 Design Brief 7 Apr 15 Planning Application submission 12 Jan 15 Notice of Planning Approval 13 Apr 15 Configuration Control Report 21 Apr 15 2 WS 5a - All associated deliverbles for work stage 5a Works Information/Site Information (WISI) 16 Mar 15 Draft Tender Documents 8 Apr 15 Certificate of Completion of the Detailed Design 21 Apr 15 Fire Certificate A 21 Apr 15 3 WS 5b - All associated deliverbles for work stage 5b DEEP and DREAM Review Report 29 Apr 15 Monthly Works Contract Meeting minutes 10 Jun 15 Health and Safety Evaulation Report 13 Aug 15 Pre-Construction Information Pack 17 Sep 15 4 WS 6 - All associated deliverbles for work stage 6 Works Completion Certificates 23 Dec 16 Health and Safety File (and O & M Manuals) 23 Dec 16 Certificate of Compliance with Building Regulations at 23 Dec 16 completion of design Certificate of Compliance with Building Regulations at 23 Dec 16 completion of construction Fire Certificate B 23 Dec 16 5 WS 7a, b, c - All associated deliverbles for work stage 7ac Certificate of Completion for Maintenance Period 22 Dec 17 Draft calculations of any Completion payments 5 Jan 18 Reconciliation of the Contract Sum and payments 9 Feb 18 Completion Report and Completion documents 23 Feb 18 Form v0_6 Project: Z9A9113Y12 Document Version: 1 (FINAL) Page 5 of 10 DEMAND ORDER | Contract No: CT/COMM1/0097/005, dated 24 OCTOBER 2014 FINAL - EXECUTED SECTION 3.3 | Summary of Employer provided access to persons, places and things (referred to as “Government Furnished Assets” or “GFA”) [the “Dates for the provision of, or access to GFA” column must be completed and must show the start date and end date, the “Confirmation of Availability” column must be completed and there must be confirmation from the MOD person responsible for the GFA that it will be available on the dates shown]. Item Short Description of GFA Dates for the Confirmation No: provision of, or access of to GFA Availability 1 Access to Site As required 2 Access to Following Documentation: As required 3 Army Basing Programme, Assessment Study: As Required Bourlon Barracks, Catterick Garrison, Final Issue dated 24 Apr 14 4 5 Army Basing Programme, Assessment Study: Beach Head Lines, Catterick Garrison, Final Issue dated 26 May 14 All documents which are listed in para 31 to 36 of the Project Brief Form v0_6 Project: Z9A9113Y12 Document Version: 1 (FINAL) Page 6 of 10 DEMAND ORDER | Contract No: CT/COMM1/0097/005, dated 24 OCTOBER 2014 FINAL - EXECUTED SECTION 3.4 | Milestone, Stage Payments and Assessment Dates in accordance with clauses 50B and 50 of the Conditions of Contract [Milestone Payment and Stage Payments are for the provision of deliverables or the completion of activities, Assessment Date is a date when payment is due on the satisfaction of the conditions stated in the table, complete in chronological order]. Milestone, Stage Payments and Assessment Dates DO NOT APPLY. Milestone, Stage Payments and Assessment Dates APPLY in accordance with the following table: (A) Item No: 1 2 3 4 5 6 7 8 9 10 11 12 13 22 23 (B) Conditions for Milestone Payment, Stage Payment and Assessment Date (C) Due Date Mobilisation Meeting End user liaison – Submission of output documentation Town Planning Consultation – Submission of output documentation Prepare and submit Planning Application Issue Draft Derived Design / Works Information Submission of Works Contractor's Brief Update of Draft Tender Documents Issue Tender Documents Tender Period - (WYG arrange tenderer's access as required) Receive Tenders Evaluation of Tenders; Preparation & Issue of Tender report Provide Pre-Construction information Pack (in line with CDM (2010) Regulations) Support Main Gate Business Case Approval Process Completion (5.00% of Total Firm Price) Payable following completion of Work Stage 6. Completion (5.00% of Total Firm Price) Payable following completion of Work Stage 7. 28/10/2014 Form v0_6 Project: Z9A9113Y12 (D) % of Firm Price (E) Amount (F) Cumulative Total 25/11/2014 16/12/2014 14/01/2015 25/02/2015 30/04/2015 28/05/2015 12/06/2015 14/08/2015 14/08/2015 02/10/2015 02/10/2015 15/11/2015 Document Version: 1 (FINAL) Page 7 of 10 DEMAND ORDER | Contract No: CT/COMM1/0097/005, dated 24 OCTOBER 2014 FINAL - EXECUTED SECTION 3.5 | PRICE Total Firm Price for Requirement Items Nos. 1-3 (see SECTION 2.1) : The Consultant’s response shall not exceed the rates set out in Framework Agreement CT/COMM1/0097, Schedule 4, Pricing Document, Project Management and Design Services, Table 49, and shall use the guidance set out in Schedule 4, Pricing Notes, Calculation of Fee – Project Management and Design Services. In addition to Section 3.1 above and in respect of Contract Items 4 – 7 of the Summary of Requirements, the Employer reserves the right to invoke the optional requirements. The decision to invoke the optional elements of the Contract shall be given via written notification by the Employer no later four (4) weeks after the Main Works Contract Award date. All prices for Work Stage 6 to 8 inclusive must be based on the estimated contract value of the main works. Total Fixed Price for (Optional) Requirement Items Nos. 4-7 (see SECTION 2.1) : SECTION 4 – CONTRACT MANAGEMENT & ADMINSTRATION SECTION 4.1 | Performance Assessment Criteria Framework (the “PACF”) The Consultant and Employer agree that the Consultant’s performance will be assessed and incentivised, and that if the Consultant fails to deliver any of the deliverable documents by the dates specified or fails to meet the Condition stated for a Key Date by the Key Date, the Employer will suffer loss and damage. Accordingly: Withholding payments: o the Employer shall not be obliged to make any payment in respect of a Milestone, Stage Payment and/or Assessment Date until the conditions for such payment as set out in Section 3.4 have been met to the satisfaction of the Employer; o until the Consultant satisfies the conditions for payment of a Milestone, Stage Payment and/or Assessment Date as set out in Section 3.4 and to the satisfaction of the Employer, the Employer shall be entitled to withhold payment in respect of the relevant Milestone, Stage Payment and/or Assessment Date until such conditions are met. Form v0_6 Project: Z9A9113Y12 Document Version: 1 (FINAL) Page 8 of 10 DEMAND ORDER | Contract No: CT/COMM1/0097/005, dated 24 OCTOBER 2014 FINAL - EXECUTED SECTION 4.2 | Revising the Programme & Reporting Obligations Notwithstanding the right of the Employer/Service Manager to request, and the Consultant to provide, written reports on matters (including adhoc reports) as the Employer/Service Manager may reasonably request, the Consultant shall provide the Employer with the following: a revised programme in accordance with clause 32 of the Conditions of Contract [[on the nth day of every calender month][every [5/10]th working day]] weeks from the starting date until Completion; a monthly written report within 3 Working Days from the end of each month (in accordance with clause 32A of the Conditions of Contract; a copy of the Risk Register [n Working Days prior to the risk reduction meeting referred to in Section 4.1] which shall include all previously notified and any new early warnings SECTION 4.3 | Progress Meetings, Planned and Regular Meetings Meeting Title & Outline Agenda Risk Reduction Meeting (in accordance with clause 15 of the Conditions of Contract) Stakeholder Meetings Stakeholder Meetings Progress Meetings Form v0_6 Project: Z9A9113Y12 Putative Key Attendees DIO PM; DIO RM; Contractor: PSP PM, QS and Architect Dates & Frequency Key End Users, DIO PM; DIO RM; Contractor: PSP PM, QS and Architect Local Authority, DIO PM; DIO RM; Contractor: PSP PM, QS and Architect DIO PM; DIO RM; Contractor: PSP PM, QS and Architect At project inception and Peer Reviews for Design. Piave Lines, Catterick Garrison Pre-planning application; Consultation meeting. Following issuing of planning conditions. On the nth day of every calendar month, until Completion. To be agreed following award. Piave Lines, Catterick Garrison On the nth day of every calendar month, to be agreed following award. Putative Location or Telephone Dial-In Piave Lines, Catterick Garrison Piave Lines, Catterick Garrison Document Version: 1 (FINAL) Page 9 of 10 DEMAND ORDER | Contract No: CT/COMM1/0097/005, dated 24 OCTOBER 2014 FINAL - EXECUTED SECTION 5 – OFFER & ACCEPTANCE PART A | OFFER This Demand Order (and the Contract referred to herein in Section 2) constitutes an offer in accordance clause 4.4 Direct Award Ordering Process To Provide the Services in accordance with the Contract. This offer is open for acceptance by the Authority until 90 days subsequent to submission. By signing the Demand Order the Consultant agrees to be bound by the Contract. Name: Andrew Fotherby Position: Regional Director For and on behalf of the Consultant WYG Management Services. PART B | ACCEPTANCE Name: Martin Lloyd Position: Commercial Officer For and on behalf of the Secretary of State for Defence (the “Employer”) Signed: Date: Signed: Date: 3/12/14 Form v0_6 Project: Z9A9113Y12 Document Version: 1 (FINAL) Page 10 of 10
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