Checklist for Works Requirements

Appendix 2 to Circular L12/06 of 20th December 2006

Checklist for Works Requirements

Main Contract

Minor Contract

Clause Ref. / Clause Ref. / Item Description / DEHLG Water Services Recommendation
1.3.4 / 1.3.4 / Is Bill of Quantities included? / Yes
1.5 / 1.5 / Is Performance Bond required? / Yes
1.6 / N/A / Is Parent Company Guarantee required? / Not normally, but yes in the event of a joint venture or other grouping being incorporated into a single company or if the contractor is relying on the financial strength or technical capability or resources of a parent company to meet the suitability criteria. Refer to Guidance Notes.
1.6 / N/A / Form of Parent Company Guarantee / Model Form 4
2.3.1 / 2.3.1 / Consents that the Employer has obtained or is to obtain / Include a list of consents, permissions, licences, permits that the Employer has obtained or will obtain
2.3.2 / 2.3.2 / Is Contractor to give and comply with all notices and pay all taxes, fees and charges? / Yes
2.4.1 / 2.4.1 / Is the Contractor to be appointed Project Supervisor for the Construction Stage under the H&S Regs.? / Yes
2.4.1 / 2.4.1 / Form of appointment as Project Supervisor for the Construction Stage / Model Form 12
3.8 / 3.8 / Employer's risk for existing facilities / Include a list of risks the Employer will continue to carry for existing facilities or rely on terms of insurance policy
3.9.6 / 3.9.5 / Form of Professional Indemnity Insurance Certificate / Model Form 11
4.3.2 / 4.3.2 / Limitations on the authority of the Employer's Representative / Include a list of limitations the Employer is placing on the Employer’s Representative’s authority
4.7 / 4.7 / Alternative procedure for Review and Objection / Do not amend procedure as set out.
4.9.1 (9) / N/A / Anything else required to be included in programme / Include a list of additional programme requirements
4.10.2 / N/A / Progress report contents / Do not amend.
Main Contract /

Minor Contract

Clause Ref. / Clause Ref. / Item Description / DEHLG Water Services Recommendation
4.15 / 4.15 / Confidentiality and Secrecy / Identify any information required to be kept confidential or secret
4.18 / 4.18 / Language / Do not amend unless Contractor's documents are required in another language
5.3.7 / 5.3.7 / Form of Pay & Conditions Certificate / Model Form 14
5.4.3 / 5.4.3 / Name of Specialist whose contract is to be novated to the Contract / State name of Specialist (if applicable) whose contract with the Employer is to be novated to the Contractor
5.4.3 / 5.4.3 / Include copy of Specialist contract in Works Requirements / Include a copy of the contract entered into with any Specialist for novation to the Contractor (if applicable)
5.5 / 5.5 / Form of Collateral Warranty / Model Form 10
7.1.1 / 7.1.1 / Lands made available for the Works / Identify extent and boundaries of Site for the Works
7.1.1(3) / 7.1.1(3) / Date lands will be available / Include only if access is not permitted before a particular date
7.1.2 / 7.1.2 / Limitations to Contractor's access to Site / List any limitations to Contractor's access to Site
7.1.3 / 7.1.3 / Use of Site by the Employer or others / List any use of the Site by the Employer or others during construction
7.4 / 7.4 / State whether the Contractor is required to operate or maintain any existing facility of the Employer on the Site for the duration of the Works / Normally not applicable.
7.6 / 7.6 / List any Works on Site to be carried out by Employer's Personnel including other contractors / Include any Works to be carried out on Site by other contractors
7.7 / 7.7 / State points, lines and levels necessary to set out the Works / Include information necessary to set out the Works correctly by reference to relevant drawing no.
7.11 / N/A / Set out permitted working times on the Site / Normal site working hours 8.00 a.m. to 8.00 pm
Main Contract / Minor Contract
Clause Ref. / Clause Ref. / Item Description / DEHLG Water Services Recommendation
7.12 / 7.12 / Set out any occupation charges the Contractor will be required to pay for occupation of the Site / None
8.2 / 8.2 / Quality assurance procedures / List any requirements
9.1.1 / 9.1.1 / State alternative period for notice of Starting Date if different from 15 days / Normally 15 days will be appropriate
11.2 (2) (f) / 11.2 (2) (f) / Form of Bond for Works items not delivered to Site but included in Contract value to date / Model Form 6
13.1.7 / 13.1.7 / Conciliator's terms of appointment / Refer to Engineers Ireland Conciliation Procedure 2000
13.1.11 / 13.1.11 / Form of Bond - Conciliator's Recommendation / Model Form 8
13.2 / 13.2 / Arbitration Rules / Refer to DOF Arbitration Procedure for Public Works Contracts 2007
Schedule

Part 1

/ Item Description / DEHLG Water Services Recommendation
A / A / Maximum adjustment to the Contract Sum for a single Change Order unless approved by Employer / Normally €50,000 unless higher figure is considered appropriate
Maximum number of Change Orders in any 3 month period (unless approved by Employer) with a cumulative value in excess of: / Normally: No. 5
Value €250,000
Other limitations on Employer’s Representative’s authority / List as appropriate
B / B / Works Requirements / List all documents where the Works Requirements are set out e.g. specification, drawings etc. by unique reference
Pricing Document / List the Bill of Quantities or Schedule of Prices by unique reference

Main Contract

Minor Contract

Part 1

/ Item Description / DEHLG Water Services Recommendation
Method of Measurement for Bill of Quantities / CESMM3
C / C / Property in Contractor's Documents / Normally delete "does not"
D / D / Public Liability Insurance / € 10,000,000
Employer's Liability Insurance / € 13,000,000
Maximum excess for Works and other Risk items / € 10,000
Maximum excess for public liability insurance / € 10,000
D contd. / D contd. / Permitted exclusions / Do not delete "terrorism" or "asbestos"
Optional insurance provisions: Risk of loss or damage to existing facilities / Delete "shall" if Contractor is required to carry this risk
N/A / Value of property of Employer to be insured by Contractor / Identify property of Employer and its value to be covered by Contractor's insurance policies
Minimum sum insured for terrorism cover / Normally leave blank unless terrorism cover is required
N/A / Extension of insurance of Substantially completed Section until entire Works has reached Substantial Completion / Delete "is not required to" when extension of insurance is required by Employer
Professional Indemnity Insurance / Normally delete "is" except where Contractor is responsible for design of Works items. In latter case enter "6" before "years", 6.3m after "€", delete "each and every event" and enter €50,000 for maximum excess.
E / E / Performance Bond / Normally delete "is not" and enter appropriate percentages. Refer to Guidance Notes.
F / F / Collateral Warranties / List category of Specialist for whose works collateral warranties are required, last date for producing warranty and amount to be withheld from Final Payment if warranty is not produced. Refer to Guidance Notes
G / G / Substantial Completion / List date(s) for Substantial Completion and rate(s) per week for delayed completion for the Works and any Section(s) of the Works (as required), and reductions in retention for any Sections reaching Substantial Completion

Main Contract

Minor Contract

Part 1

/ Item Description / DEHLG Water Services Recommendation
H / H / Early Completion / Normally delete "is".
I / I / Defects Period / Normally 12 months from date of Substantial Completion of the Works
J / J / Random checks for Employment Records. Confirm if Sub-clause 5.3.3A(2) is part of the Contract / Normally delete “shall not be”
K / K / 17. Difference between value of Works according to BOQ and value of Works described in Works Requirements because the BOQ includes and incorrect quantity or includes an item that should not have been included or excludes an item that should have been included or gives an incorrect item description and the difference for any item is more than €500. / Compensation Event: Normally insert “No”
N/A / 18. An item of value or archaeological or geological interest or human remains is found on the Site, and it was unforeseeable / Compensation Event: Normally insert “Yes”
N/A / 19. The Contractor encounters on the Site unforeseeable ground conditionsor man-made obstructions in the ground, other than Utilities / Compensation Event: Normally insert “Yes”
N/A / 20. The Contractor encounters unforeseeable Utilities in the ground on the Site / Compensation Event: Normally insert “No”
N/A / 21. Owners of Utilities on the Site do not relocate or disconnect Utilities as stated in with the Works Requirements, when the Contractor has complied with their procedures and the procedures in the Contract, and the failure is unforeseeable / Compensation Event: Normally insert “No”
Weather event / Insert name of nearest weather station for rainfall, air temperature and wind speed data
Plant rates in sub-clause 10.6.3 / U.K. CECA Schedule of Dayworks carried out incidental to Contract Works current at the date the works were carried out
Thresholds for sub-clause 9.4 / First threshold should be 10% of contract period, second threshold should be 25% of contract period, stated in Site Working Days

Main Contract

Minor Contract

Part 1

/ Item Description / DEHLG Water Services Recommendation
N/A / Select whether the Contractor's tendered daily rate for delay cost or the actual costs incurred by the Contractor are to be used for evaluating delay cost / Normally, select Contractor's tendered daily rate for delay cost and strike through “the expenses (excluding profit and loss of profit) unavoidably incurred by the Contractor”
L / L / Interim payment period / Enter "monthly"
Minimum amount of interim payments / Enter €50,000 or other appropriate amount
Value of unfixed Works Items to be included in an interim payment / Normally 80%
Retention percentage / Normally 5%
M / M / Price Variation Clause PV1 or PV2 / Delete “Clause PV1”
N / N / Nominating person or body for Conciliator / President of Engineers Ireland
Nominating person or body for Arbitrator / President of Engineers Ireland