Prosjekt:
Nytt Munch-museum
Tittel:
Part I
Contract
01
Rev.
For tilbudsforespørsel fasade-mock-up
Beskrivelse
Konsulentens logo:
Bygg nr:
30.06.2014 EDN
ANF
GAL
Rev. Dato Utarbei Kontr Godkje
det
oll
nt
Etasje nr.: Systemgr.:
Antall sider:
Side 1 av 10
Prosjekt:
KIB
Kontrakt nr:
1020
Disiplin:
Z
Dok.type:
KF
Løpenr:
Rev.nr.: Status:
0002
01
C
NS 8407
DESIGN AND BUILD CONTRACT
between
…………………………………………………………
(Hereinafter called client)
and
…………………………………………………………
(Hereinafter called the design and build contractor)
Organization number:.: ………………………………….
about
Contract for designing, building and testing the Facade Mock-up
……………………………………………………………………………………
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 2 of 13
Design and build contractor signature:
The applicable contract is the Norwegian Standard ("NS") 8407:2011, General conditions for
design and build contract, with the following amendments and supplements
1. The representatives of the parties (NS 8407 clause 9)
1.1
Contractual relationships
The representatives of the parties in this contract are:
Client
Name
Mai Britt Søby
Address
Rådhuset, 0037 Oslo
Telephone 915 67 476
e-mail
[email protected]
Design and build contractor
Name
Address
Telephone
e-mail
All inquiries regarding the contract shall be made to the contract client's representative from
ÅF Advansia
ÅF Advansias representative:
Name:
Anders Fjeld
Address:
ÅF Advansia
Prosjektledelsen KIB
Paulsenkaia
01050 Oslo
Telephone 920 13 170
e-mail:
[email protected]
All communication between the parties shall be directed to ÅF Advansias email address.
1.2
Power of attorney (NS 8407 clause 9)
The design and build contractor, or anyone acting on his behalf, is obliged to know the
relevant provision for delegation and power of attorney that applies to the client.
In lack of other agreements the following power of attorney applies for the client:
The site manager has the power of attorney to accept changes up to an amount of NOK
100.000 ex VAT.
The project manager has the power of attorney to accept changes up to an amount of NOK
2.000.000 ex Vat.
The Contract client manager and the project manager have the power of attorney to reject
demands for additional payment.
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 3 of 13
Design and build contractor signature:
2. Meeting (NS 8407 clause 4)
2.1 Client meetings (NS 8407 clause 4.2)
NS 8407 clause 4.2, 3 paragraph first sentence, shall not apply and is substituted with the
following text:
The client shall write the minutes from all meetings.
2.2 Meetings with contract assistants (NS 8407 clause 4.3)
Regarding the clients participation in meetings the following is agreed upon:
The client has the right to attend meetings with contract assistants.
Meeting summons for meetings with the contract assistants shall also be sent to the client (for
instance build meeting, progress meeting etc.) and he shall have the right to attend the
meetings. The design and build contractor shall make minutes from the meetings and the
clients representative shall always get a copy of the minutes.
Meeting summons shall be in writing and the client shall receive them at the same time as the
contract assistants. Meeting summons sent by email is considered to be in writing.
3. Notifications and request (NS 8407 clause 5)
NS 8407 clause 5, second section is replaced with the following text:
All notifications and requests that influence the contract as price, quality, progress, including
notification of changes in accordance with NS 8407 clause 32.2, 33.4, 33.8 and 34.1.3. shall
be notified in writing by regular post or by electronic communications when such
communication has been agreed to be equal to regular post. All other notifications and request
that are recorded in the minutes according to clause 4.2 is considered to be in writing.
Forms for notifications and request can be sent by e-mail (scanned, pdf or similar). An e-mail
cannot replace a form as such.
4. Laws, regulations and public decisions (NS 8407 pkt. 18.1)
In addition to NS 8407 pkt. 18 the following applies;
4.1 Internal control and HSE
The design and build contractor is obliged to have or to establish an internal control system.
The design and build contractor is also obliged to attend to his obligations regarding health,
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 4 of 13
Design and build contractor signature:
environment and safety at the construction site, according to the rules effective at any time
and also to the clients plan for safety, health and work environment.
If the design and build contractor is in breach of the above mentioned obligations the client
has the right to stop the work if he deems it necessary.
The Client may also demand daily penalty charge if the above mentioned obligations are
breached and it is not corrected within a given time limit given in writing from the client. The
daily penalty charge runs from the end of the given time limit and until the breach is
corrected. The daily penalty charge, for each working day, will be one per thousand of the
contract value, but no less than NOK 1500 per day. The daily penalty charge shall be paid in
addition to any daily penalty charges for delays.
4.2 Demands for pay and working conditions
The design and build contractor and its contracting assistants are obliged to have pay and
working conditions that are in compliance with the at any time applicable regulations general
or nationwide collective agreement for the present line of work. This only applies to workers
who is directly involved in fulfilling the design and build contractors obligations in
accordance to the contract.
If the design and build contractor does not meet the applicable pay and working conditions,
the client has the right to detain part of the contract value until the design and build contractor
has documented that he is acting according to his obligations. The client shall detain an
amount equal to two times the savings for the employer.
The client, or anyone empowered by the client, has the right to access all documentation
needed for the client to conduct necessary control that the applicable pay and working
conditions are fulfilled.
The design and build contractor is obliged to have equal contract clauses in their contract with
their subcontractors. Further they are obliged to conduct controls that ensure that their
subcontractors are fulfilling the requirements for pay and working conditions.
The design and build contractors is at the clients request obliged to put forward
documentation of the wages and working conditions that are being uses. This obligation to put
forward documents also applies to subcontractors. If the requested documentation is not
presented it is considered to be a substantial breach of contract which gives the client the right
to rescind the contract.
4.3 Reporting of foreign contractors and workers
The design and build contractor shall report any use of foreign contractors and workers
according to the applicable rules at any time.
5. The right of the client to conduct checks (NS 8407 clause 20.2)
In addition to clause 20.2 the following applies
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 5 of 13
Design and build contractor signature:
The client, or anyone empowered by the client, shall have the right to access the
a) The design an building contractors quality and environmental management system
b) Execution of the contractual obligations
c) Production process
d) Additional Parts of the design and build contractors management system (such as for
economy, outer environment, HSE) and accounting, that may influence the design and
build contractors fulfillment of the contract.
The right of inspection includes, inter alia, revision and verification, including interviews,
inspections, control and document revision. The design and build contractor shall free of
charge give appropriate assistance to the client. The right of inspection cannot be invoked
later than three years after the final payment.
The Design and build contractor shall ensure that the client has equal right of inspection with
the design and build contractor`s directly and indirectly contract assistants, unless the delivery
has a clear subordinate role in the design and build contractor`s ability to fulfill his obligations
according to the client.
6. Progress deadlines (NS 8407 clause 21.1)
The following progress deadlines apply:
6.1 Progress deadline for the design and build contractor
Start of projecting ___________________________
Start on construction site
___________________________
Deadline (rules of penalty charge applies) ___________________________
Agreed interim deadlines where penalty charge applies:
Type of work: _______________________ Deadline: ___________
Type of work: _______________________ Deadline:
___________
Type of work: _______________________ Deadline: ___________
6.2 Agreed part deadlines for the client
Performance: _______________________ Deadline: ___________
Performance: _______________________ Deadline: ___________
Performance: _______________________ Deadline: ___________
6.3 Other deadlines
In addition, the deadlines set out in the other contract documents apply.
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 6 of 13
Design and build contractor signature:
7. Agreed passing of liability – Projecting (NS 8407 clause 24.2)
The client has the liability for solutions and other projecting he has concluded prior to
entering into of the contract.
8. Duty to inspect (NS 8407 pkt. 25.1.1)
As a new fourth paragraph the following applies:
In contracts regarding rehabilitation and annex to existing agglomeration of buildings the
implied measurements in the tender documents are only for information purposes only and in
order to provide a basis for offer calculation. The design and build contractor will take
production measurements and other necessary measurements before ordering any goods and
before initiating the work of the contract.
9. Determination of the amount payable (NS 8407 clause 26)
9.1 The Amount payable
See the price-scheme in attachment B1
The amount payable is:
NOK. ……………………, ex. VAT
Offer price
Potential corrections
……………………………………..
NOK. ……………………, ex. VAT
……………………………………..
NOK. ……………………, ex. VAT
……………………………………..
NOK. ……………………, ex. VAT
……………………………………..
NOK. ……………………, ex. VAT
……………………………………..
NOK ……………………, ex. VAT
……………………………………..
NOK ……………………, ex. VAT
……………………………………..
NOK ……………………, ex. VAT
……………………………………..
NOK _________________
Sum, exclusive VAT
NOK …………………….
VAT ……………..%
NOK _________________
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 7 of 13
Design and build contractor signature:
Offer price
9.2
NOK _________________, incl. VAT
Index-linking (NS 8407 clause 26.2)
The offer price is fixed and will not be indexed regulated.
10.General terms and conditions of payment (NS 8407 clause 28)
10.1
Payment deadline (NS 8407 clause 28.1)
The payment deadline of 28 days is replaced by «30 days from receiving a correct invoice»
10.2 Invoice address
The correct invoice address is:
Oslo kommune, Fakturasentralen
Postboks 6532, Etterstad
0606 OSLO
Ref. nr. 94176977
The invoice should be marked with the name of the Client and include the following
information:
✓ Nytt Munch-museum
✓ Facade Mock-up
✓ Order number: M004002
✓ Type of invoice
All necessary invoice information such as time sheets, measurements and so on shall be
attached and be certified according to the agreed procedure.
If the parties dispute over the legitimacy of the claim and/or if a claim is totally or partially
withdrawn the design and building contractor shall send a credit memo for the entire invoice
amount. Together with this invoice the design and building contractor shall issue two new
invoices respectively for the disputed and the non-disputed claims.
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 8 of 13
Design and build contractor signature:
10.3
Demand for electronic invoice
The design and build contractor shall offer electronic invoices in «elektronisk handelsformat
EHF» from the date of the entering into of the contract. The design and build contractor must
enter into a separate agreement with an access-point.
If the design and build contractor does not fulfill the demand for electronic invoice a fee of
NOK 50 will be charged to the design and build contractor for each invoice the Client
receives on paper. The design and build contractor shall send a monthly credit memo par
value NOK 50 for each invoice the Client receives on paper.
11.The right to order changes (NS 8407 clause 31.1)
NS 8407 clause 31.1 paragraph three, second sentence is cancelled and replaced by the
following provision:
The design and build contractor is not obliged to execute additional works representing a net
addition to the contract sum of more than a 15 % .
12. Adjustment of the amount payable (NS 8407 clause 34)
12.1
Separate notification of increased expenditure linked to rigging and
operation, etc. (NS 8407 clause 34.1.3)
The demand for a separate notification in NS 8407 clause 34.1.3 third paragraph does not
apply to adjustment of the amount payable for capital outlay, rigging, operation and riggingdown.
The following standard provision applies to adjustment of the amount payable for capital
outlay, rigging, operations and rigging-down:
Adjustment in unchanged construction period
If the price of net adjustment of the amount payable as a consequence of circumstances
described in NS 8407 clause 34.1.1 and clause 34.1.2 does not exceed 10 % of the agreed
price, no compensation will be given.
If the price exceeds the net adjustment of the amount payable by 10 % of the agreed price,
compensation according to the following formula will be given:
0,5 A ( B - 1,1 C )
C
A = Agreed price for original rigging- and operations chapter ex. VAT
B = Contract value of executed work at the time of original deadline, ex. VAT.
C = Original agreed price ex. VAT.
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 9 of 13
Design and build contractor signature:
When calculating the contract value of executed work at the time of original deadline ex.
VAT the following will not be included:
Regulation of the agreed price due to pay- or price increase.
Payment due to possible mark-up for administration of parallel contractors or transfer of a
contract or a project contract etc.
Cancellation compensation,
Changes that has been agree including rigging/operation and
Increased compensation for rigging and operation in changed construction period
The regulation amount according to this provision is pay and price regulated in accordance to
the index set out in the price scheme, calculated in months from the date of the tender to the
main point of production in the construction period.
Regulation in prolonged construction period
If the design and build construction is entitled to extension of deadlines according to NS 8407
clause 33.1 the adjustment of the amount payable fore capital outlay, rigging, operations and
rigging-down be compensated according to the following formula:
0,7 A ( Z )
Y
A = Agreed price on the original rigging- and operations chapter ex. VAT.
Y = Original construction period
Z = the prolonging of the original construction period.
If the deadline extension is only given for part of the work, A will be reduced proportionate.
The regulating amount according to this provision is pay- and price regulated according to the
index set out in the tender scheme, calculated in months from the date of the tender to the
main point of production in the construction period.
13.Disagreement regarding changes etc. (NS 8407 clause 35)
13.1
Legal proceedings initiated by the design and build contractor (NS 8407
clause 35.2)
NS 8407 clause 35.2 letter A is cancelled. The parties may agree to use an umpire in each
case, cf NS 8407 clause 50.3
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 10 of 13
Design and build contractor signature:
14. The effects of taking over (NS 8407 clause 37.4)
The standard clause in NS 8407 Clause 37.5 subsection b) does not apply and is replaced with
the following:
b) The risk of damage to the contract work, except risk caused by or connected to fault,
defects or as a consequence of work carried out because of a notification of defects/
notification of a guarantee, passes from the design and build contractor to the client.
15.Final account (NS 8407 clause 39)
15.1 Payment of final invoice. Objections and claims (NS 8407 clause 39.2)
If the Parties disagree on the eligibility of the final payment and/or by wholly or partial
waiver of any claim, the design and build contractor shall send a credit note for the entire
invoice amount and at the same time issue 2 – two – new invoices for the disputed and
undisputed claim respectively.
The invoices shall not be marked as the final invoice, but instead be marked “disputed” and
“undisputed final payment”. The undisputed claim shall be paid by the client within the
payment date as stated on the new invoice according to applicable invoice routines.
To issue new invoices pursuant to the above mentioned description does not change the
agreed actions linked to the final invoice
15.2 Compensation in the case of a defect (NS 8407 clause 42.5)
The standard clause in NS 8407 Clause 42.5 does not apply and is replaced with the
following:
If a defect has caused economic loss on the construction client that is not covered pursuant to
Clause 42.3 (NS 8407), the construction client can claim damages for his loss if the defect is
caused by negligence by the design and build contractor or someone he is liable for. The duty
to pay damages shall be in accordance to Norwegian relevant legislation applicable at any
time and shall be limited to a maximum of NOK 10 million for the entire assignment. If the
losses are caused by gross negligence or intent on the entrepreneur’s side no limitation on
amount shall apply.
16.Communication between the parties
Unless otherwise agreed, all communication between the key persons of the parties of the
project shall be in English or Norwegian language.
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 11 of 13
Design and build contractor signature:
17.Advertisement
The design and build contractor must obtain a prior written approval from the client if he
wants to publish information on the agreement beyond as a general reference.
18.Use of apprentices
If the design and build contractor is registered in Norway, the following conditions as regards
apprentices apply:
The entrepreneur shall at the latest 10 days after entering into of contract document that the
entrepreneur is connected to a publicly approved apprentice scheme.
The entrepreneur is obliged to hire apprentices in his business during the contract period,
however, there is no obligation that the apprentices is linked directly to the performance of
this assignment. The entrepreneur is obliged to provide written documentation that this
condition is fulfilled by request from the Client within reasonable time.
Breach of second paragraph of this clause is considered as material breach of contract. The
same applies to the third paragraph unless the entrepreneur can proof that he is not to blame
for any lack of hiring apprentices.
19.Recycling scheme for packaging
If a Norwegian design and build contractor (i.e. registered in the Norwegian added value
register) uses packaging, the design and build contractor shall at the latest at the entering into
contract verify/document that he is member of a recycling scheme in which the packaging is
taken care of in an environmentally manner (i.e. Grønt Punkt Norge AS or similar recycling
scheme).
********************
This contract document with annexes in two – 2 – copies, one to each of the parties
__________ the ____________
__________ the ____________
__________________________
Client
__________________________
Design and build contractor
Contract – NS 8407:2008 Norwegian Works contract
Last revision 18.12.2013
Client signature:
Page 12 of 13
Design and build contractor signature:
Oslo kommune - Deichmann
07.06.2013
_______________________________________________
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