CONTRACT DATA Part One - Data provided by the Employer 1. General The conditions of contract are the core clauses and the clauses for Option B: Priced Contract with Bill of Quantities, dispute resolution Option W2 (UK projects where the parties are parties to a construction contract and are subject to the Construction Act 1996) and secondary options X2, X4, X7, Y(UK)2 and Z of the NEC3 Engineering and construction contract April 2013. The works are As specified and described in the Works Information section. The Employer is Name Renfrewshire Council Address Renfrewshire House, Cotton St, Paisley PA1 1WB Donal Ryan Named Person The Project Manager is Name Kinetic Group Address University of the West of Scotland High Street Paisley PA1 2BE Named Person David Hodgson The Supervisor is Name Kinetic Group Address University of the West of Scotland High Street Paisley PA1 2BE Named Person Andrew Bell The Site Information is in Appended drawings. The boundaries of the site are as shown on drawing 1000_101. The language of the contract is English The law of the contract is the law of Scotland, subject to the jurisdiction of the Scottish Courts The period for reply to a communication is two weeks The Adjudication nominating body is the Institution of Civil Engineers 3. Time The starting date is 14 days after the Contract Date or as agreed between Employer and Contractor. The access dates are - Part of the Site Date Whole of the Site 24.05.17 The Contractor submits revised programmes at intervals no longer than 5 weeks. 4. Testing and Defects The defects date is 52 weeks after completion of the whole of the works. The defects correction period is 4 weeks. The only exception to this is works reliant on utility connections / diversion. 5. Payment The currency of this contract is the pound sterling () Total cost of contract is 10,000,000 7. Risks and Insurance The minimum limit of indemnity for insurance in respect of loss of or damage to property (except the works, Plant and Materials and Equipment) and liability for bodily injury to or death of a person (not an employee of the Contractor) due to activity in connection with this contract for any one event is 5,000,000.00 The minimum limit of indemnity for insurance in respect of death of or bodily injury to employees of the Contractor arising out of and in the course of their employment in connection with this contract for any one event is 10,000,000.00 Optional statements The arbitration procedure is the Arbitration (Scotland) Act 2010. The place where arbitration is to be held is to be agreed between the Employer and the Contractor. If the Parties cannot agree the place the decision shall be taken by the arbiter. The person or organisation who will choose an arbiter. If the Parties cannot agree a choice or If the arbitration procedure does not state who selects an arbiter is The Institution of Civil Engineers. The Completion date for the whole of the works is 16th June 2018. The key dates and conditions to be met are: Conditions to be met Key Dates 10th May 2017 1. Submission and approval of the program. TBC 2. Site establishment (clearance etc.) 3. Construction of the works completed by 16th June 2018 The Contractor is to submit a first programme for acceptance within two weeks of the Contract Date. The period for payment is twenty eight days from the assessment date. Within 7 days of the issue of a payment certificate by the Project Manager the Contractor shall submit a VAT invoice to the Employer in respect of the amount certified. Option X7 Delay damages for the Completion of the whole of the works are 10,000 per day. Option Z The additional conditions of contract are as detailed below: Z1: Recovery of Money Due 22: Existing Services Whenever under the Contract any sum of money shall be recoverable from or payable by the Contractor such sums 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. The Contractor shall identify and protect all existing services affected by the Works. All services shall be maintained at all times unless otherwise agreed by the Project Manager and the appropriate owner of the service. Where the temporary diversion of the existing services is required to undertake the Works the Contractor shall obtain all necessary approvals from the appropriate bodies and pay all associated fees and costs. Z3: CDM Regulations Role of Principal Contractor The Contractor, on acceptance of this contract, shall be deemed to have been appointed as Principal Contractor for the works in accordance with the CDM Regulations. 24: Sub contracts 25: Deposition of materials In addition to the requirements of Clause 26 where the Contractor proposes to subcontract any of the work they shall include in subcontract documentation the provisions of the NEC 3 sub option Y (UK)2. Payment to subcontractors by the main contractor shall be in accordance with the provisions of the Y(UK)2 sub option. Materials required for immediate use must be deposited with due regard to working areas, general circulation, exits, footways, cycle path etc., which must be kept clear at all times unless authorised by Renfrewshire Council. The Contractor shall provide details of his welfare arrangements within the Construction Phase Plan. Z6: Welfare arrangements CONTRACT DATA Part One - Data provided by the Employer 1. General The conditions of contract are the core clauses and the clauses for Option B: Priced Contract with Bill of Quantities, dispute resolution Option W2 (UK projects where the parties are parties to a construction contract and are subject to the Construction Act 1996) and secondary options X2, X4, X7, Y(UK)2 and Z of the NEC3 Engineering and construction contract April 2013. The works are As specified and described in the Works Information section. The Employer is Name Renfrewshire Council Address Renfrewshire House, Cotton St, Paisley PA1 1WB Donal Ryan Named Person The Project Manager is Name Kinetic Group Address University of the West of Scotland High Street Paisley PA1 2BE Named Person David Hodgson The Supervisor is Name Kinetic Group Address University of the West of Scotland High Street Paisley PA1 2BE Named Person Andrew Bell The Site Information is in Appended drawings. The boundaries of the site are as shown on drawing 1000_101. The language of the contract is English The law of the contract is the law of Scotland, subject to the jurisdiction of the Scottish Courts The period for reply to a communication is two weeks The Adjudication nominating body is the Institution of Civil Engineers 3. Time The starting date is 14 days after the Contract Date or as agreed between Employer and Contractor. The access dates are - Part of the Site Date Whole of the Site 24.05.17 The Contractor submits revised programmes at intervals no longer than 5 weeks. 4. Testing and Defects The defects date is 52 weeks after completion of the whole of the works. The defects correction period is 4 weeks. The only exception to this is works reliant on utility connections / diversion. 5. Payment The currency of this contract is the pound sterling () Total cost of contract is 10,000,000 7. Risks and Insurance The minimum limit of indemnity for insurance in respect of loss of or damage to property (except the works, Plant and Materials and Equipment) and liability for bodily injury to or death of a person (not an employee of the Contractor) due to activity in connection with this contract for any one event is 5,000,000.00 The minimum limit of indemnity for insurance in respect of death of or bodily injury to employees of the Contractor arising out of and in the course of their employment in connection with this contract for any one event is 10,000,000.00 Optional statements The arbitration procedure is the Arbitration (Scotland) Act 2010. The place where arbitration is to be held is to be agreed between the Employer and the Contractor. If the Parties cannot agree the place the decision shall be taken by the arbiter. The person or organisation who will choose an arbiter. If the Parties cannot agree a choice or If the arbitration procedure does not state who selects an arbiter is The Institution of Civil Engineers. The Completion date for the whole of the works is 16th June 2018. The key dates and conditions to be met are: Conditions to be met Key Dates 10th May 2017 1. Submission and approval of the program. TBC 2. Site establishment (clearance etc.) 3. Construction of the works completed by 16th June 2018 The Contractor is to submit a first programme for acceptance within two weeks of the Contract Date. The period for payment is twenty eight days from the assessment date. Within 7 days of the issue of a payment certificate by the Project Manager the Contractor shall submit a VAT invoice to the Employer in respect of the amount certified. Option X7 Delay damages for the Completion of the whole of the works are 10,000 per day. Option Z The additional conditions of contract are as detailed below: Z1: Recovery of Money Due 22: Existing Services Whenever under the Contract any sum of money shall be recoverable from or payable by the Contractor such sums 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. The Contractor shall identify and protect all existing services affected by the Works. All services shall be maintained at all times unless otherwise agreed by the Project Manager and the appropriate owner of the service. Where the temporary diversion of the existing services is required to undertake the Works the Contractor shall obtain all necessary approvals from the appropriate bodies and pay all associated fees and costs. Z3: CDM Regulations Role of Principal Contractor The Contractor, on acceptance of this contract, shall be deemed to have been appointed as Principal Contractor for the works in accordance with the CDM Regulations. 24: Sub contracts 25: Deposition of materials In addition to the requirements of Clause 26 where the Contractor proposes to subcontract any of the work they shall include in subcontract documentation the provisions of the NEC 3 sub option Y (UK)2. Payment to subcontractors by the main contractor shall be in accordance with the provisions of the Y(UK)2 sub option. Materials required for immediate use must be deposited with due regard to working areas, general circulation, exits, footways, cycle path etc., which must be kept clear at all times unless authorised by Renfrewshire Council. The Contractor shall provide details of his welfare arrangements within the Construction Phase Plan. Z6: Welfare arrangements