Agreement for the Appointment of Architects, Surveyors and

Agreementfor the appointment of architects,

surveyors and engineersfor commissions in the

National Health Service(1995 Edition)

Volume 1:Scheme particulars

Conditions of appointmentProvision for fees and expenses

Specimen certificates Definitions

Memorandum of agreement

London: The Stationery Office

© Crown copyright 1995, 1999. Published with permission of NHS Estates, an Executive Agency of the Department of Health, on behalf of The Stationery Office.

Applications for reproduction should be made in writing to The Copyright Unit, The Stationery Office, St Clements House, 2–16 Colegate, Norwich NR3 1BQ.

ISBN 0 11 322201 7

First published 1987Third edition 1995Reprinted with amendments 1999

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About this publication

This agreement has been prepared by

NHS Estates for use in connection with

commissions in the National Health

Service. It relates specifically to NHS

procedures and documentation and is

not suitable, without review and

modification, for use in connection with

commissions from other clients.

It has been produced following

discussions with:

• The Royal Institute of British

Architects (RIBA);

• The Royal Institution of Chartered

Surveyors (RICS);

• The Association of Consulting

Engineers (ACE);

• The Association of Project Managers

(APM);

• professional estates interests in the

National Health Service (NHS).

It is compatible with:

• the Agreement for the appointment

of project managers for

commissions for construction

projects in the National Health

Service (1995 Edition);

• the Capital Investment Manual.

This volume (Scheme particulars; Conditions of appointment; Provisions forfees and expenses; Specimen certificates; Definitions and Memorandum ofagreement) forms the agreement together with Volume 2 – Supplementaryannexure and Volume 3 – Duties under the Construction (Design andManagement) Regulations.

Agreement: Volume 1

Agreement for the appointment of:

_______________________________________________________________

Address:

_______________________________________________________________

_______________________________________________________________

in connection with the construction

of: ____________________________________________________________

at: ____________________________________________________________

for: __________________________________________________________

Scheme: ______________________________________________________

Scheme No: ____________________________________________________

Date: ________________________________________________________

The agreement issubdivided as follows:

Volume 1

Part 1. Scheme particulars

Part 2. Conditions of appointment

Part 3. Provision for fees and expenses

Part 4. Specimen certificates

Part 5. Definitions

Part 6. Memorandum of agreement

Volume 2

Supplementary annexure

Volume 3

Duties under the Construction (Design andManagement) Regulations 1994

Contents

About this publication

1. Scheme particulars page 3

Scope of appointment/scheme 1.1 Location 1.2 General description 1.3 Phasing of the works

Estimated cost 1.4 Cost of the works

Target dates 1.5 Target dates

Project director 1.6 Name and position of project director

Project manager 1.7 Name of firm, professional discipline or individual

Design team

Consultants 1.8 Planning supervisor

Lead consultant Architect/building surveyor Quantity surveyor Structural engineer Services engineer Others

Contract strategy 1.9 Contract strategy 1.10 Contract administrator 1.11 Employer’s agent

Site inspection staff 1.12 Site inspection staff

Documentation 1.13 Details of documentation

The main contract/method of measurement 1.14 Form of contract 1.15 Edition of the standard method of measurement 1.16 Firm price or fluctuating 1.17 Fluctuations method 1.18 Construction period

Client’s procedures/requirements 1.19 Capital Investment Manual 1.20 Specific NHS body/scheme requirements

Meetings 1.21 Specification of meetings

2. Conditions of appointment page 7

Generally 2.1 Duration of commission

Objectives and obligations of the consultant 2.2 Scope of duties 2.3 Attendance at meetings 2.4 Additional duties 2.5 Information from the consultant 2.6 Duty of care 2.7 Co-ordination of consultants services 2.8 Collaboration between consultants 2.9 Responsibility for incorporation of work by others 2.10 Changes caused by the project director 2.11 Changes not caused by the project director 2.12 Progression between work stages 2.13 Programme2.14 Site inspection 2.15 Site inspection staff – resident 2.16 Site inspection staff – other 2.17 Appointment of site inspection staff 2.18 Terms of appointment of site inspection staff

Obligations of the client 2.19 Duties of the client 2.20 Construction (Design and Management) Regulations

1994 2.21 Information from the client 2.22 Provision of site accommodation and facilities

Ownership of documents and copyright 2.23 Copyright entitlement 2.24 Documentation provided by the client 2.25 Client’s licence and restrictions 2.26 Consultant’s rights of publication 2.27 Client’s use of priced documents

Professional indemnity insurance 2.28 Extent of insurance cover 2.29 Professional indemnity insurance certificate

Certification 2.30 Certification generally 2.31 Specimen certificates

Assignment 2.32 Assignment by consultant 2.33 Assignment by client 2.34 Sub-contracting

Variation, extension, suspension or termination 2.35 Variation or extension by the client 2.36 Suspension or termination by the client 2.38 Resumption of duties 2.39 Suspension or termination by the consultant

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2.41 Death or incapacity of the consultant 2.42 Delivery of documents

Settlement of disputes 2.43 Adjudication 2.53 Arbitration 2.54 By agreement

Race Relations Act 1976 2.55 Race Relations Act

Governing laws 2.57 England and Wales 2.58 Alternative for Scotland 2.59 Alternative for Northern Ireland

3. Provision for fees and expenses page 13

Cost of works 3.1 Cost of the works 3.2 Cost of the works in the event of no tender being

accepted

Payment for duties 3.3 Methods of payment 3.4 Payment on a percentage basis 3.5 Payment on a lump sum basis 3.6 Fees when the works are phased 3.7 Basis of fees when excess tenders received

Payment on a time-charge basis 3.8a Principals – hourly rates3.8c Professional and technical staff – hourly rates 3.8d Travelling time 3.8e Supervisory duties 3.9 Secretarial and administrative staff 3.10 Consultant’s records

Travelling, subsistence and other expenses 3.11 Travelling, subsistence and other expenses 3.12 Additional expenses 3.13 Travelling, subsistence and other expenses – where

not included in lump sum or percentage fee

Site inspection staff 3.14 Site inspection staff:

a. Salary and wages of site inspection staff b. Payment for selection, engagement and

employment of site inspection staff c. Head office and overhead costs d. Travelling and subsistence expenses

Site accommodation 3.15 Payment for site accommodation and equipment

Changes 3.16 Pre-contract changes (work stages O-3) 3.17 Post-contract changes (work stage 4 onwards) 3.18 Extra work and expense

Payment for additional duties 3.19 Fees for additional duties required by the client

3.20 Fees for attendance at meetings required by theproject director

Use of computers andlor other special equipment 3.21 Computers and/or other special equipment-where

no extra fees are payable 3.22 Where extra fees are payable

Statutory fees 3.23 Payment of statutory fees

Suspension, resumption and termination 3.24 Fees on suspension or termination 3.25 Reimbursement during suspension 3.26 Fees on resumption 3.27 Reimbursement on termination by the client 3.28 Fees where the scheme does not proceed beyond

stage 1 3.29 Reimbursement on termination by the consultant

Payment of accounts 3.30 Submission of accounts and documentary evidence 3.31 Payment of accounts

Value Added Tax 3.38 Value Added Tax – in relation to fees and expenses

4. Specimen certificates page 19

5. Definitions page 30

6. Memorandum of agreement page 38

Memorandum of agreement (form of appointment andmethod and level of payment)

Schedule 1 of the memorandum of agreement S1 Lead consultant S2 Contract administrator S3 Employer’s agent S4 Quantity surveyor and services engineer cost

planning, cost management and final accountduties

S5 Responsibility for functions/constructionalelements

Plan of work (Schedule of key events to be performed by theconsultant)

Section A: Work stages 0 and 1

• Traditional contract strategy • Design and build contract strategy

Section B: Work stages 2 to 8

• Traditional contract strategy Section C:

Work stages 2 to 8 • Design and build contract strategy

Schedule 2 of the memorandum of agreement(Engineering services and associated equipment)

Contents

2

1.0 Scheme particulars

This part describes the scheme in relation to site, size, cost, target dates,participants, contract strategy, documentation available from the client,client’s procedures and meetings to be attended.

For an appointment at stage 0, 1, 7, or 8, clauses that cannot be completedshould be deleted by the client.

Scope of appointment/scheme

1.1 Location:

__________________________________________________________________

__________________________________________________________________

1.2 General description (including site area, approximate gross floor area,extent of alterations/refurbishment/new build):

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

1.3 Phasing of the works:

__________________________________________________________________

__________________________________________________________________

Estimated cost

1.4 The cost of the works (building and engineering) at stage_______________ (see clause 3.1) is estimated to be:

New build £ __________ (__________ index (insert name) __________ level)

Alterations and extensions £ ______(______ index (insert name) ______ level)

3

Target dates

1.5 (Client to insert work stages and dates):

Stage Start Finish______________________ ______________________ __________________

______________________ ______________________ __________________

______________________ ______________________ __________________

______________________ ______________________ __________________

______________________ ______________________ __________________

______________________ ______________________ __________________

______________________ ______________________ __________________

Project director

1.6 (Identify individual and position)

___________________________________________________________________

__________________________________________________________________

Project manager

1.7 (Name of firm, professional discipline or individual if known)

__________________________________________________________________

__________________________________________________________________

Design team*

1.8 It is the intention to appoint the following consultants (state “yes” or“no” and name of firm if known) (client to identify discipline of leadconsultant):

Planning supervisor __________________________________________________

Lead consultant ____________________________________________________

Architect/building surveyor ____________________________________________

Quantity surveyor ____________________________________________________

Structural engineer __________________________________________________

Services engineer ____________________________________________________

Others (please list) __________________________________________________

Contract strategy

1.9 The contract strategy is likely to be:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________


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1.10 The contract administrator within the terms of the building contractwill be (insert discipline)*:

__________________________________________________________________

__________________________________________________________________

1.11 The employer’s agent within the terms of the design and build contractwill be (insert discipline)*:

__________________________________________________________________

__________________________________________________________________

*Client to delete clause not appropriate to proposed contract strategy

Site inspection staff

1.12 The following site inspection staff shall be appointed*:

a. By the client __________________________________________________

b. By the consultant ______________________________________________

*Client to delete clause if not appropriate to proposed contract strategy

Details of documentation

1.13 The client requires (insert number) copies of reports, budgets,programmes, drawings, maps, photographs and other records produced bythe consultant (for payment see clause 3.11).

The main contract/method of measurement

1.14 Form of contract ____________________________________________

1.15 Edition of the standard method of measurement __________________

1.16 Firm price or fluctuating ______________________________________

1.17 Fluctuations method __________________________________________

1.18 Construction period __________________________________________

Client’s procedures/requirements

1.19 Capital Investment Manual (CIM).

1.20 Specific NHS body/scheme requirements (specify):

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________


5

Meetings

1.21 The consultant will be required by the client to attend the followingmeetings. These are in addition to those necessary to perform the consultant’sduties as set out in schedule 1 of the memorandum of agreement (forpayment see clause 3.20). (Client to identify any particular requirements interms of purpose, location, timing, frequency etc):

______________________________________________________________

______________________________________________________________

______________________________________________________________


6

This part describes the conditions which normally apply toa consultant’s appointment. If different or additionalconditions apply, they are set out in the memorandum ofagreement, Articles 6.15 and 6.16.

Generally

Duration of commission

2.1 The appointment of the consultant will commencefrom the date of the memorandum of agreement and thecommission, unless suspended or terminated, shall bedeemed to be completed on the conclusion of duties asset out in schedule 1 of the memorandum of agreementand listed in Volume 2 (the supplementary annexure) andVolume 3 Duties under the Construction (Design andManagement) Regulations 1994 attached thereto.

Objectives and obligations of the

consultant

Scope of duties

2.2 The duties to be performed by the consultant arethose recorded in schedule 1 of the memorandum ofagreement, Volume 2 (supplementary annexure) andVolume 3 Duties under the Construction (Design andManagement) Regulations 1994 attached thereto.

Attendance at meetings

2.3 In performing the duties recorded in Schedule 1 ofthe memorandum of agreement, Volume 2(supplementary annexure) and Volume 3 Duties under theConstruction (Design and Management) Regulations1994, the consultant shall arrange and attend all meetingsnecessary to their proper execution. Additional meetingsrequired by the client are recorded in clause 1.21 of thescheme particulars.

Additional duties

2.4 The consultant is not to perform any duties otherthan those recorded in schedule 1 of the memorandum ofagreement and listed in Volume 2 (supplementaryannexure) and Volume 3 (Duties under the Construction(Design and Management) Regulations 1994) unless theproject director/project manager through the leadconsultant/employer’s agent instructs the consultants

otherwise, or the consultant has informed the projectdirector/project manager through the lead consultant/employer’s agent of the need for the additional duties,the reasons, the effect on the cost of the works and anyadditional fees required, and has obtained the approval ofthe project director in writing. Any such approval shallindicate the maximum budget for fees and works whereappropriate which should not be exceeded withoutfurther approval having been obtained. These shall beconditions precedent to any payment being due from theclient.

Information from the consultant

2.5 The consultant shall provide information to theproject director/project manager through the leadconsultant/employer’s agent in accordance with theprogramme defined in clause 2.14.

Duty of care

2.6 The consultant is to exercise reasonable skill, careand diligence in the discharge of the duties agreed to beperformed by him in relation to this commission.Submission of drawings, calculations, specifications andother documentation produced by the consultant forcomment by the project director/project manager shall notrelieve the consultant of this responsibility. If in theperformance of his/her duties the consultant has adiscretion exercisable as between the client and any otherbody the consultant shall exercise his/her discretion fairly.

Co-ordination of consultant’s services

2.7 Co-ordination and integration of the activities ofconsultants however employed shall be the responsibilityof the lead consultant or the employer’s agent identifiedin article 6.3 of the memorandum of agreement.

Collaboration between consultants

2.8 The consultant shall take account of the role of thelead consultant and collaborate with the lead consultantand other members of the design team and with otherprofessional consultants employed by the client and in theclient’s employment.

Responsibility for incorporation of work by others

2.9 Where the consultant is required by the client/project manager to incorporate design details or otherinformation provided by others, including other members

7

2.0 Conditions of appointment

of the design team, this responsibility shall be limited tothe extent required for his/her own duties.

Changes caused by the project director

2.10 The consultant shall provide the project director/project manager through the lead consultant/employer’sagent with the cost and programme consequences of anymaterial alteration, addition to or omission from thescheme caused or proposed by the project director. Thisinformation is to be provided before the project directortakes a final decision.

Changes not caused by the project director

2.11 The consultant shall not cause to be made anymaterial alteration, addition to or omission from theapproved design except if found necessary duringconstruction for urgent constructional reasons in whichcase the consultant shall inform the project director/project manager through the lead consultant/employer’sagent without delay of the time and cost implications. The consultant shall promptly inform the project director/project manager in writing of anything, the likely effect ofwhich the consultant believes would be to either vary thescheme, or to materially change the financial viability,quality or function of the scheme.

Progression between work stages

2.12 The consultant shall obtain approval in writing fromthe project director/project manager before proceedingbetween the work stages described in schedule 1 of thememorandum of agreement. Only those stages authorisedshall be eligible for payment.

Programme

2.13 The consultant shall prepare and submit aprogramme (using the target dates in clause 1.5) of thescheme particulars to the lead consultant/employer’sagent within 14 days of the execution of this agreement.The lead consultant/employer’s agent shall then co-ordinate all appointed consultants’ programmes andsubmit a programme for the scheme to the projectdirector/project manager who shall be entitled to rejectthe programme if it either fails to incorporate theinformation in this agreement and/or the consultant’sbrief or meet the client’s objectives as stated in the fullbrief. The consultant shall submit a revision to theprogramme to the lead consultant/ employer’s agent assoon as he is aware of any changes as defined in clauses2.10 and 2.11.

Site inspection

2.14 The consultant shall visit the site at intervals asappropriate to the stage of construction and generallyinspect the works for compliance with the contractdocuments.

Site inspection staff – resident

2.15 Where it is agreed through the lead consultantbetween the project director/project manager and theconsultant that frequent or constant inspection by theconsultant is necessary, a resident consultant may beappointed by the consultant on a full- or part-time basisprovided that such appointment shall be subject to theproject director’s approval, which shall not beunreasonably withheld.

Site inspection staff – others

2.16 Where it is agreed, through the lead consultant,between the project director/project manager and theconsultant that the nature of the works warrants eitherfull-time or part-time inspection on site, the projectdirector shall not object to the appointment of suchsuitably qualified staff to enable such inspection to becarried out, provided that such staff are to be appointedfor inspection only and not employed on site for otherpurposes.

Appointment of site inspection staff

2.17 Persons appointed pursuant to clause 2.16 shall beemployed either by the client or the consultant directlyprovided that the client shall not employ any personunless the consultant has approved such person. Site staff,however employed, shall be under the consultant’sdirection and control but the consultant shall not beresponsible for any failure on the part of staff employedother than by the consultant to comply properly with anyinstructions given by the consultant.

Terms of appointment of site inspection staff

2.18 The terms of service and scope of duties of siteinspection staff to be appointed in accordance with clause2.18 shall be subject to the approval of the projectdirector/project manager, which approval shall not beunreasonably withheld.

“Clauses 2.14 to 2.18 are not applicable to quantitysurveyor appointments and may not be applicable toappointments where a design and build contract strategyis being used, the client should delete them if necessaryand note any such deletion under article 6.16 of thememorandum of agreement.


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Obligation of the client

Duties of the client

2.19 The client shall nominate a project director who shallbe responsible for the information and actions listed inschedule 2 of the memorandum of agreement,‘Agreement for the appointment of Project Managers forconstruction projects in the National Health Service’, toenable the proper performance of the consultant’s dutiesas stated in schedule 1 of the memorandum ofagreement.

Construction (Design and Management) Regulations1994

2.20 The client shall appoint a planning supervisor and aprincipal contractor in accordance with the provisions ofthe Construction (Design and Management) Regulations.

Information from the client

2.21 The project director shall nominate a projectmanager who shall be responsible for providinginformation and making such decisions as are necessaryfor the proper performance of the agreed duties asrecorded in schedule 1 of the memorandum ofagreement, Volume 2 (supplementary annexure) andVolume 3 Duties under the Construction (Design andManagement) Regulations 1994, all in accordance withthe programme.

Provision of site accommodation and facilities

2.22 If article 6.11 of the memorandum of agreementhas not been deleted by the client then the client shall beresponsible for the provision of accommodation andfacilities as specified by the consultant in article 6.11 ofthe memorandum of agreement provided that the projectdirector agrees that the consultant’s staff are necessarilyemployed on site or the client’s premises for inspectionpurposes.

Ownership of documents and copyright

Copyright entitlement

2.23 Unless otherwise agreed, and subject to clauses 2.24and 2.25, the copyright and all other intellectual propertyrights in all drawings, reports, specifications, pricingdocuments, calculations and other documents provided bythe consultant in connection with the works shall bevested in the consultant.

Documentation provided by the client

2.24 Where standard documentation, including drawings,is provided by the client, copyright of such documentationand drawings shall remain vested in the client.

Client’s licence and restrictions

2.25 The client shall have a licence to copy and use suchdrawings, reports, specifications, pricing documents,calculations and other documents for information tofacilitate future extension, alteration, maintenance orrepair of the works. The client, upon payment or tender ofany fees due, shall have a licence to copy and use suchdrawings and other documents and to reproduce thedesigns contained therein for any purpose agreedbetween the client and consultant related to theextension, alteration, maintenance or repair of the works.The consultant shall not be liable for any such use by theclient or its appointee of any drawings or otherdocuments for any purpose other than that for which thesame were prepared and provided by the consultant. Saveas aforesaid, the client shall not make copies of suchdrawings and other documents nor shall he use the samein connection with the making or improvement of anyworks other than those comprising the original workswithout the prior approval of the consultant, whichapproval shall not be unreasonably withheld, and uponsuch terms as may be agreed between the client andconsultant.

Consultant’s rights of publication

2.26 The consultant shall not communicate with themedia or any outside body or publish or display alone orin conjunction with any other person, any articles,photographs or other illustrations relating to the workswithout prior written consent from the client, whichconsent shall not be unreasonably withheld.

Client’s use of priced documents

2.27 Priced documents may be used by the client for thepurpose of indexing and analysis, without prior approvalby the consultant.

Professional indemnity insurance

Extent of insurance cover

2.28 The consultant shall take out and maintainthroughout the period, from the date of commencementof his services under this commission, professionalindemnity insurance in respect of the consultant’s businessgenerally. The professional indemnity insurance shall bemaintained until the expiration of six years, provided that


9

it can be obtained at reasonable market rates, from thedate of completion of his commission. The level ofindemnity shall be as shown in the certificate set out inpart 4 of this agreement.

Professional indemnity insurance certificate

2.29 The consultant shall, whenever required by theproject manager, produce to the project director acertificate, in the form set out in part 4 of this agreement,signed by or on behalf of the insurers.

Certification

Certification generally

2.30 The consultant shall provide the project director/project manager with completed certificates whenrequired to do so.

Specimen certificates

2.31 The consultant shall ensure that the certificatesincluded in part 4 of this agreement are provided whenrequired in the plan of work in schedule 1 of thememorandum of agreement. The planning supervisor shallensure that the certificate included in Volume 3 of thisagreement is provided when required in the plan of workin Volume 3.

Assignment and sub-contracting

Assignment by the consultant

2.32 The consultant shall not assign the whole or part ofthe benefit or in any way transfer the obligations of thisagreement or any part thereof without the consent of theclient.

Assignment by the client

2.33 The client reserves the right to assign the whole orany part of the benefit or transfer obligations of theagreement or any part thereof to another NHS bodywithout the consent of the consultant.

Sub-contracting

2.34 The consultant shall not sub-contract any of theduties under this agreement without the consent of theclient.

Variation, extension, suspension or

termination

Variation or extension by the client

2.35 The client may vary or extend in time the whole orpart of the agreed duties by giving reasonable notice inwriting to the consultant. In such notice the projectdirector shall specify the duties affected.

Suspension or termination by the client

2.36 The client may suspend or terminate theperformance of the whole or part of the agreed duties bygiving reasonable notice in writing to the consultant. Insuch notice the client shall specify the duties affected andthe reason for suspension or termination.

2.37 Suspension or termination by the client shall bepermitted in the following circumstances:

a. the client has decided to suspend or terminate thescheme;

b. non-performance by the consultant;

c. breach of the provisions of this agreement by theconsultant;

d. the consultant becoming bankrupt or insolvent.

Resumption of duties

2.38 If the consultant has not been given instructions toresume any work suspended under clauses 2.36 and2.37a within six months from the date of suspension, theconsultant may make written request for suchinstructions, which must be given in writing. If these havenot been received within 30 days of the date of suchrequest, the consultant shall have the right to treat theappointment as terminated.

Suspension or termination by the consultant

2.39 The consultant may suspend or terminate theperformance of the agreed duties on the expiry ofreasonable notice given in writing to the client. In suchnotice the project manager shall specify the dutiesaffected and the reason for suspension or termination.

2.40 Suspension or termination by the consultant shall bepermitted in the following circumstances:

a. the client has not provided an instruction to resumework under clause 2.38;

b. breach of the provisions of this agreement by theclient.


10

Death or incapacity of the consultant’s keypersonnel

2.41 Should the consultant through death or incapacitybe unable to perform the whole or part of the agreedduties, this agreement shall thereby be terminated.

Delivery of documents

2.42 On termination of the performance of the whole orpart of the agreed duties and on satisfactory delivery of alldrawings, reports, calculations, production informationand any other documentation prepared by the consultantto the project director, the consultant shall be paid all duefees and expenses.

Settlement of disputes

Adjudication

2.43 If a dispute arises under this agreement, either partymay give notice at any time of his intention to refer thedispute to adjudication. Such a notice shall be servedwithin 28 days of either party being made aware of thedispute. The notice shall require the adjudicator to statewithin seven days whether he is willing to act inconnection with the resolution of the dispute. Theadjudicator must indicate within seven days of the receiptof the notice whether he is willing to act and shall givedetails of any specific matters in relation to which herequires evidence or in relation to which he requires eitherparty to prepare written submissions.

2.44 The notice shall specify the matter in dispute and setout the principal facts and arguments relating to it. Copiesof all relevant documentation shall be attached to thenotice.

2.45 The party to whom a copy of the notice requiredunder clause 2.43 has been sent, shall sendrepresentations to the adjudicator within 14 days of hisappointment. Copies of relevant documentation shall beattached to the notice.

2.46 The adjudicator shall act impartially. He may takesuch steps as he deems necessary to ascertain the factsrelating to the dispute and the law. He shall be reach hisdecision within 28 days of referral or such longer periodas is agreed by the parties after the dispute has beenreferred. He may himself extend the period of 28 days byup to 14 days, with the consent of the party to whom thedispute was referred.

2.47 The decision of the adjudicator shall be binding untilthe dispute is finally determined in accordance with clause2.53 or by agreement.

2.48 The adjudicator, his employee or agent shall not beliable to the parties for breach of anything done oromitted in the discharge or purported discharge of thosefunctions as adjudicator unless the act or omission is inbad faith.

2.49 Payment of the adjudicator’s fees shall be sharedequally between the parties.

2.50 During the process of adjudication, the performanceof the agreed duties shall continue as if there were nodifference or dispute.

2.51 If the adjudicator named in article 6.14 of thememorandum of agreement resigns or is unable to act,the parties shall choose a new adjudicator jointly.

2.52 If the parties have not chosen a new adjudicatorjointly within the 28 days of the adjudicator resigning orbecoming unable to act, then the President of theChartered Institute of Arbitrators shall be requested tonominate a new adjudicator.

Arbitration

2.53 If the following arises:

a. the adjudicator fails to provide his decision withinthe period specified in clause 2.46; or

b. the project director and/or the consultant disagreewith the decision of the adjudicator and the dutiesunder the commission have been completed;

then a difference or dispute arising out of the agreementshall be referred to arbitration by a person to be agreedbetween the parties or, failing agreement within 14 daysafter either party has given to the other a written requestto concur in the appointment of an arbitrator, a person tobe nominated at the request of either party by thePresident of the Chartered Institute of Arbitrators. Theaward of such arbitrator shall be final and binding uponthe parties.

By agreement

2.54 Nothing herein shall prevent the parties agreeing tosettle any difference or dispute arising out of theagreement without recourse to arbitration.

Race Relations Act 1976

2.55 The consultant shall not unlawfully discriminatewithin the meaning and scope of the provisions of theRace Relations Act 1976 or any statutory modification orre-enactment thereof relating to discrimination inemployment.


11

2.56 The consultant shall take all reasonable steps toensure observance of the provisions of the precedingclause by all servants, employees, agents or subcontractorsof the consultant.

Governing laws

(delete as applicable)

England and Wales

2.57 The application of these conditions shall begoverned by the laws of England and Wales.

or

Alternative for Scotland

2.58 The application of these conditions shall begoverned by the laws of Scotland.

or

Alternative for Northern Ireland

2.59 The application of these conditions shall begoverned by the laws of Northern Ireland.


12

This part defines the cost of the works in relation to theconsultant and describes the methods of payment for theconsultant’s services and expenses.

Cost of the works

3.1 In this agreement, the cost of the works for thepurposes of the calculation of fees where payable on apercentage basis as stated in article 6.6A or 6.6B,whichever is applicable, of the memorandum ofagreement shall be:

a. stages 0 and 1 duties – the works cost at stage 0or stage 1 agreed between the project director andthe consultant at the end of stage 0 or stage 1duties;

b. stages 2 and 3 duties – the amount included inthe accepted tender adjusted by:

(i) omitting contingencies and daywork andpercentages relating thereto from main andsub-tenders;

(ii) substituting accepted tender amounts of thesub-contracts for any prime cost sums formechanical, electrical and lift installations andthe accepted tender amounts of thesubcontracts for any other prime cost sumsaccepted within three months of the datefixed by the client for receipt of tenders forthe main contract, excluding anycontingencies, daywork and percentagesrelating thereto;

(iii) apportioning contractor’s profit whensubstituting accepted sub-tenders, for primecost sums;

(iv) adding the cost of work for which theconsultant has provided services but which isexcluded from the main tender and which isagreed by the project director, subject toclauses 3.2 and 3.7 of these conditions;

c. duties from stage 4 onwards – the amount asdefined in clause 3.1b above, further adjusted by:

(i) substituting accepted tender amounts ofsub-contracts for the remainder of prime costsums excluding any contingencies, dayworkand percentages relating thereto;

(ii) apportioning contractor’s profit whensubstituting accepted sub-tenders for primecost sums;

(iii) adding all fluctuations admissible under thecontract;

(iv) adding the value of all items provided by theproject director or others and handed to thecontractor for incorporation into the works;

(v) excluding the cost of post-tender variationsand claims for loss and expense by thecontractor.

These definitions are subject to the following:

d. the cost of the works unless otherwise agreedbetween the consultant and the project director andrecorded in the memorandum of agreement, shallinclude all group 1 and group 2 equipment plannedinto the project, costed and incorporated in theproduction information where such equipment isalso procured or provided by the project director,installed, tested, set to work and commissionedwithin the main contract sum. Any second-handmaterials, manufactured goods and machineryincorporated into the works shall be at the marketvalue as if purchased new;

e. the cost of the works for the purposes of thecalculation of fees where payable on a percentagebasis shall not include any of the following:

(i) group 3 or 4 equipment;

(ii) administration expenses incurred by the client;

(iii) costs incurred by the client under thisagreement;

(iv) client’s interest on capital during constructionand the cost of raising monies required forcarrying out the works;

(v) cost of land and wayleaves;

(vi) other consultant’s fees, statutory fees andsalaries paid by the client;

(vii) value added tax.

Cost of the works in the event of no tender beingaccepted

3.2 In the event that tenders are received but none isaccepted, the cost of the works for stages 2 and 3 shallbe based, in each case, upon the lower of the following:

a. the lowest bona fide tender adjusted in accordancewith clause 3.1b. A bona fide tender shall mean atender submitted in good faith without major errorsof computation and not subsequently withdrawn bythe tenderer and will be subject to clause 3.7 in theevent of high tenders;

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3.0 Provision for fees and expenses

b. the most recent works cost at stage 1 (full businesscase submission) approved by the project director,where necessary adjusted by applying anysubsequent percentage change to DepartmentalCost Allowance Guides promulgated by NHS Estatesat the tender date, applied to both thedepartmental cost and the on-costs and subject toany subsequent change in the content of the workand revised cost previously notified by the designteam and agreed by the project director.

Payment for duties

Methods of payment

3.3 The fees, except for those on a time-charge basis,shall be deemed to include the provision of everythingnecessary to perform the duties listed in schedule 1 of thememorandum of agreement, and listed in Volume 2(supplementary annexure) and Volume 3 Duties under theConstruction (Design and Management) Regulations1994. The sum payable by the client to the consultantshall be on a percentage, lump sum or time-charge basisas determined by article 6.6A or 6.6B (whichever isapplicable) of the memorandum of agreement.

Payment on a percentage basis

3.4 Where payable on a percentage basis, the fees shallbe calculated by applying the percentage recorded orcalculated against each work stage in article 6.6A or 6.6B(whichever is applicable) of the memorandum ofagreement to the cost of the works defined in clause 3.1in respect of each such stage.

Payment on a lump sum basis

3.5 Where payable on a lump sum basis, the fees shallbe calculated for each work stage in accordance with theapportionment recorded in article 6.6A (b)(v) or 6.6B(whichever is applicable) of the memorandum ofagreement. The lump sum bid will be fixed in respect ofwork executed during the first 24 months after the dateof this agreement. Thereafter, 90% of the outstandingbalance of unpaid fees shall be adjusted at the end ofeach subsequent 12-month period by reference to themovements in the index stated in article 6.13 of thememorandum of agreement, calculated from the date 24months after the date of this agreement to the midpointof the relevant subsequent 12-month period. If the finalperiod is less than 12 months, the mid-point of that finalperiod shall apply.

Fees when works are phased

3.6 Where it is stated in the scheme particulars that theworks are to be constructed in more than one phase, thepercentage or lump sum recorded against each workstage in article 6.6A or 6.6B (whichever is applicable) ofthe memorandum of agreement shall be applied to thetotal cost of the works (as defined in clause 3.1) in respectof each stage. The resultant fee per stage shall beallocated between the said phases proportionate to thecost of each phase at each stage as defined in clause 3.1.

Basis of fees when excess tenders are received

3.7 When a tender is in excess of the sum previouslyapproved by the project director, the additional cost tothe consultant of effecting reductions and negotiating arevised tender with the contractor shall be calculated inaccordance with clause 3.16 subject to the requirementthat the consultant is not responsible for the excesstender. If the consultant is responsible for the excesstender then the cost to the consultant of effectingreductions and negotiating a revised tender shall bedeemed to be included in the consultant’s fees for hisduties. The fees for the consultant’s duties as described inclause 3.3 shall be based on the amount of the reducedtender figure.

Payment on a time-charge basis

3.8 Where payment is on a time-charge basis the scaleof charges shall be as set out below.

Principals – hourly rates:

a. where a principal is specifically nominated by theproject director to perform the duties, theprincipal’s time shall be reimbursed at the rate perhour quoted in article 6.7a of the memorandum ofagreement, or at such other rate as may be agreedbetween the project director and the consultant.The rate per hour quoted shall apply for one yearfrom the date of the agreement and thereafter shallbe adjusted at the beginning of each 12-monthperiod by reference to the movements in the indexstated in article 6.13 of the memorandum ofagreement. Only expenses for travelling andsubsistence shall be chargeable in accordance withclause 3.13 in addition to the hourly rates quoted;

b. principals doing work which they consider wouldnormally be done by a member of staff shall bereimbursed at the rate per hour quoted in article6.7b of the memorandum of agreement or suchother rate as may be agreed between the projectdirector and the consultant. For the purposes of thisclause, the rate for a principal’s time shall becalculated at the rate applicable to a seniorprofessional member of staff in the firm;


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Professional and technical staff – hourly rates:

c. professional and technical staff time shall bereimbursed at the rate per hour quoted by theconsultant in article 6.7b of the memorandum ofagreement in the categories stated or such otherrate as may be agreed between the project directorand the consultant. The rate per hour shall apply forone year from the date of this agreement andthereafter shall be adjusted at the beginning ofeach 12-month period by reference to themovements in the index stated in article 6.13 of thememorandum of agreement. The rate per hour shallinclude salary, payroll and other costs ofemployment. Only expenses for travelling andsubsistence shall be chargeable in accordance withclause 3.13 in addition to the hourly rates quoted;

Travelling time:

d. time spent by principals, professional and technicalstaff on travelling in connection with the duties setout in schedule 1 of the memorandum ofagreement and listed in Volume 2 (supplementaryannexure) and Volume 3 Duties under theConstruction (Design and Management) Regulations1994 shall be chargeable on the above basis,excluding travelling time between home and thenormal work place;

Supervisory duties:

e. the supervisory duties of a principal shall be deemedto be included in the rate per hour quoted by theconsultant in article 6.7b of the memorandum ofagreement.

Secretarial and administrative staff

3.9 Time charge rates shall include the cost of providingsecretarial staff or staff engaged on general accountancyor administrative duties.

Consultant’s records

3.10 The consultant shall maintain records of time spenton services performed on a time-charge basis. Theconsultant shall make such records available to the projectdirector upon reasonable request.

Travelling, subsistence and other

expenses

3.11 Travelling, subsistence and other expenses shall bepayable in accordance with article 6.8 of thememorandum of agreement and where provided to be

included in a lump sum or percentage fee shall bedeemed to include the cost of:

a. telex, facsimile and telephone calls;

b. postage and similar delivery charges;

c. travelling, hotel expenses and other similarexpenses;

d. all printing, reproduction and purchase of alldocumentation, drawings, maps, photographs,manuals needed by the consultant and othermembers of the design team insofar as they areproduced by the consultant for the properperformance of the duties relating to this particularcommission including the numbers stated in clause1.13 of the scheme particulars.

Additional expenses

3.12 The consultant shall be reimbursed for all expensesproperly incurred in connection with the following:

a. advertising for tenders and site staff;

b. disbursements required by the client.

Travelling, subsistence and other expenses – wherenot included in lump sum or percentage fee

3.13 For time-based charges and where the items atclause 3.11 are not included in the lump sum orpercentage fee recorded in article 6.6A or 6.6B (whicheveris applicable) of the memorandum of agreement, theconsultant shall be reimbursed in respect of travelling,subsistence and other expenses properly made at net cost.Where these services are carried out within theconsultant’s office, they shall be reimbursed at rates to beagreed between the consultant and the project director,taking into account commercial rates for similar servicesavailable on the open market. Travelling and subsistenceshall be reimbursed at actual costs, up to the maximumrate applicable to staff in the National Health Service ofequivalent status, and subject to the same conditions.


3.14 In addition to any other payment to be made by theclient to the consultant under this agreement the clientshall reimburse the consultant for site inspection staff inaccordance with the following provisions:

a. Salary and wages of site inspection staff:

the consultant shall be reimbursed in respect of allsalary and wage payments made by the consultantto site inspection staff employed by the consultantpursuant to clauses 2.16 and 2.17. If the consultantemploys staff on site for purposes other thaninspection, reimbursement shall be included in the


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payment for the consultant’s duties set out in article6.6 of the memorandum of agreement;

b. Payment for selection, engagement andemployment of site inspection staff:

the consultant shall be reimbursed in respect of allother expenditure incurred by the consultant inconnection with the selection, engagement andemployment of site inspection staff. This shallinclude employer’s contributions under any pensionand life insurance schemes, employer’scontributions payable under the national insuranceacts, the redundancy payments act and any otherpayments in respect of the employee by virtue ofany statutory requirements;

c. Head office and overhead costs:

the consultant shall be paid an increment on theamount due under clause 3.14a calculated at thepercentage recorded in article 6.10 of thememorandum of agreement in respect of headoffice overhead costs incurred on site inspectionstaff administration and for the reasonable runningcosts of such necessary site accommodation andother facilities including those of stationary, telex,facsimile, telephone calls and postage;

d. Travelling and subsistence expenses:

the consultant shall be reimbursed in respect oftravelling and subsistence expenses for journeysrequired by the client in accordance with clause3.13. The percentages stated in article 6.10 of thememorandum of agreement should include the costof any travelling between the consultant’s officeand the site.

Site accommodation

Payment for site accommodation and equipment

3.15 Where the client has not deleted article 6.11 of thememorandum of agreement, the client shall beresponsible for the cost of providing and maintaining siteaccommodation and equipment specified in article 6.11 ofthe memorandum of agreement by the consultant,provided that the project director agrees that theconsultant’s staff are necessarily employed on site or onthe client’s premises for site inspection purposes.

Changes

Pre-contract changes (work stages 0–3)

3.16 Where the extent of the scheme and/or the scope ofthe consultant’s duties is varied pre-contract, fees andexpenses shall be adjusted accordingly subject to priorwritten agreement with the project director.

Post-contract changes (stage 4 onwards)

3.17 Where the works are varied by the project director,post-contract fees and expenses for the consultant’sservices in connection with such variations shall benegotiated between the project director and consultant toproduce an agreed lump sum, or in accordance with thescale of charges as described in clause 3.8.

Extra work and expense

3.18 Where the consultant is involved in extra work andexpense for reasons beyond the consultant’s control andother than is provided for under clauses 3.15 and 3.16additional fees shall be due, and shall be an agreed lumpsum or in accordance with the scale of charges asdescribed in clause 3.8.

Payment for additional duties

Fees for additional duties required by the client

3.19 For additional duties not normally necessary such asthose in connection with contractor’s claims and all similarduties where the project director specifically instructs theconsultant in writing, the charges shall be an agreed lumpsum or in accordance with the scale of charges asdescribed in clause 3.8.

Fees for attendance at meetings required by theproject director

3.20 For attending client meetings required by the projectdirector as specified in clause 1.21 of the schemeparticulars, the consultant shall be reimbursed inaccordance with article 6.9 of the memorandum ofagreement.

Use of computers and/or other special

equipment

Computers and/or other special equipment -whereno extra fees are payable

3.21 Where the consultant in performing his/her dutiesdecides to use a computer and/or other special equipmentit shall be at no extra charge to the client unless theproject director has specifically requested the developmentand/or use of special programs.

Where extra fees are payable

3.22 Where reimbursement is due by virtue of a specificrequest as described in clause 3.21, the client shall pay theconsultant for the time spent by staff in connection with


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the use of a computer and/or other special equipmentincluding the development and writing of programs andthe use of the computer. Payment shall be in accordancewith the scale of charges described in clause 3.8 plus apreviously agreed charge for the use of the computer and/or special equipment. Alternatively a lump sum, whichincludes both staff time and computer and/or specialequipment charges, may be agreed prior to the workbeing carried out.

Statutory fees

Payment of statutory fees

3.23 The client shall pay all fees in respect of applicationsunder planning and other statutory requirements.

Suspension, resumption and

termination

Fees on suspension or termination

3.24 Save where paragraph 3.27 below applies, onsuspension or termination of the consultant’s appointmentunder clauses 2.36, 2.38 or 2.39 the consultant shall beentitled to fees for all work completed at the date ofsuspension or termination.

Reimbursement during suspension

3.25 During any period of suspension the consultant shallbe reimbursed by the client for costs necessarily incurredunder the appointment up to the date of resumption ortermination.

Fees on resumption

3.26 On resumption within six months of suspension,previous payments shall be regarded as payments onaccount towards the total fee.

Reimbursement on termination by the client

3.27 Where the consultant’s appointment is terminatedor suspended by the client under clause 2.36 for thereasons set out in clause 2.37(b) or 2.37(c) or terminatedfollowing a suspension for these reasons, the consultantshall be reimbursed by the client for costs, excluding lossof profit, necessarily incurred in connection with work upto the date of termination or arising as a result of thetermination, save that the consultant shall have no intentto claim costs incurred in connection with work which isthe subject of a dispute between the client and theconsultant until such dispute shall have been resolved.

Fees where the scheme does not proceed beyondstage 0 or 1

3.28 Where article 6.6A of the memorandum ofagreement is applicable and the scheme does not proceedbeyond stage 0 or 1, the fee structure stated in article6.6A(b) of the memorandum of agreement shall not applyand the consultant shall be paid in accordance with article6.6A(a) of the memorandum of agreement.

Reimbursement on termination by the consultant

3.29 Where the consultant terminates the appointmentunder clause 2.39, the client shall be responsible for costsnecessarily incurred by the consultant arising as a result ofthe termination.

Payment of accounts

Submission of accounts and documentary evidence

3.30 Accounts for payment of fees and/or expenses anddisbursements shall be submitted to the project director atthe intervals stated in article 6.12 of the memorandum ofagreement. Interim payments of fees shall beproportionate to the extent to which the commissionedduties have been discharged. Accounts for time-chargebased duties and/or travelling, subsistence and otherexpenses shall be accompanied by documentary evidenceof the time and expenses incurred. Such time chargesand/or travelling, subsistence and other expenses shall bein respect of the whole of the period since the precedinginterim payment.

Payment of accounts

3.31 All sums due from the client to the consultant underthe agreement shall be paid within 30 days of submissionby the consultant of his/her account to the projectdirector, save where there is a bona fide dispute betweenthe consultant and the client as to the sum due in respectof work carried out by the consultant, in which case theclient shall not be liable to make payment until thedispute has been resolved.

3.32 Where the consultant sub-contracts any of theduties forming part of this agreement, there shall beincluded in the conditions of appointment of the sub-contractor a term which requires that payment be madeto the sub-contractor within a period not exceeding 30 days from receipt of a fee account by the consultantfrom the sub-contractor.

3.33 Not later than 5 days after the date on which apayment becomes due, or would have become due if:


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a. the other party had carried out his obligations underthe contract; and

b. no set-off or abatement was permitted by referenceto any sum claimed to be due under one or moreother contracts;

the paying party shall specify the amount (if any) of thepayment made or proposed to be made and the basis onwhich that amount was calculated.

3.34 No amounts shall be withheld for payment after thefinal date for payment of any sum due under thisagreement unless notice of intention to withhold paymentin accordance with clause 3.33 has been given. Suchnotice must be given not later than the period set out inclause 3.31.

3.35 If any sum due to the consultant is not paid in fullby the final date for payment and no effective notice towithhold payment has been given, the consultant may(without prejudice to any other right or remedy) suspendperformance of any obligations under this agreement,provided that 7 days’ notice so to do and setting out thegrounds on which it is intended to suspend performancehas been given.

3.36 The right to suspend performance in 3.34 and 3.35above ceases when the client makes payment in full of theamount due.

3.37 Any period during which performance is suspendedin pursuance of clauses 3.34 and 3.35 above shall bedisregarded in computing for the purposes of anycontractual time limit, the time taken, by the partyexercising the right or by a third party, to complete anywork directly or indirectly affected by the exercise of theright.

Value Added Tax – in relation to fees

and expenses

3.38 All fees and expenses set out in this agreement areexclusive of Value Added Tax, the amount of which, atthe rate and in the manner prescribed by law, shall bepaid by the client to the consultant.


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4.0 Specimen certificates

This part contains specimens of the certificates referred to in the agreementthat are required to be signed by the respective consultants as indicatedtherein:

• 4.1 – insurer’s certificate of professional indemnity insurance;

• 4.2 – full brief acceptance certificate (consultant’s certificate);

• 4.3 – full brief acceptance certificate (NHS body’s, project manager’sand lead consultant’s certificate);

• 4.4 – certificate of readiness to proceed to detailed design/preparationof employer’s requirements (NHS body’s certificate);

• 4.5 – design/construction certificate by architect/building surveyor/civilengineer/structural engineer/services engineer/contractor;

• 4.6 – certificate by quantity surveyor;

• 4.7 – certificate of readiness to proceed to tender;

• 4.8 – certificate of readiness to award contract (NHS body’s certificate).

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4.1 Insurer’s certificate of professional indemnity insurance cover

Name and address of consultant/contractor*:

______________________________________________________________

______________________________________________________________

______________________________________________________________

I/We, the insurers/brokers, hereby certify that the above named firm iscurrently insured for the period ending: ____________________________

A* Architects, building surveyors, engineers, other consultants andcontractors:

a. where the consultancy’s annual gross fee income/contractor’s annualgross turnover* earned on UK schemes in the last completed financialyear, as declared by the insured, exceeds £125,000 the limit ofindemnity is at least twice that gross fee income with a maximumcover of up to £5,000,000 on each and every claim or a greateramount if the project director has so required; or

b. where the consultant’s annual gross income/contractors annualturnover* income is £125,000 or less the limit of indemnity is at least£250,000 for each and every claim.

The amount of any excess carried by the insured on each and every claim is:

______________________________________________________________

The policy is subject to the insuring agreements, exclusions, conditions anddeclarations contained therein. The above is accurate at the date of signature.No obligation is imposed herein on the signatory to advise of any alterations.


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B* Quantity surveyors:

a. where the gross annual fee income earned on UK schemes in the lastcompleted financial year, as declared by the insured exceeds £100,000the limit of indemnity is at least £250,000 for each and every claim; or

b. where the income is less than £100,000, the limit of indemnity is atleast £100,000 for each and every claim.

The amount of any excess carried by the insured on each and every claim is:

__________________________________________________________________*client to delete as appropriate

The policy is subject to the insuring agreements, exclusions and declarationscontained therein. The above is accurate at the date of signature. Noobligation is imposed herein on the signatory to advise of any alterations.

Signed: ____________________________________________________________

Name (capitals): ____________________________________________________

on behalf of Name of insurer/broker:

__________________________________________________________________


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4.2 Full brief acceptance certificate

Certification by consultant

NHS body ____________________________________________________

Project ________________________________________________________

Date ____________________

Certification by consultant

1. I am satisfied insofar as the duties covered by my commission areconcerned that the full brief dated __________________ includes allessential briefing for my proceeding with my commissioned duties atwork stage 2 relating to the preparation of the detaileddesign/employer’s requirements* in accordance with the currentmanagement control plan.

* client to delete as appropriate

Signed: ________________________________________________________

Name: ________________________________________________________

For: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Date: ________________________________________________________


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4.3 Full brief acceptance certificate

Certification by NHS body, project manager and lead consultant

NHS body: ________________________________________________________

Project: ____________________________________________________________

Date: ____________________

PART A

1. The user panel for the project has been established withrepresentatives of all the principal departments which will use, operateand maintain the completed facility, each of whom is authorised toagree on the requirements for their respective departments.

2. The user panel is satisfied that it understands the full brief and that itcontains all the essential requirements of the user panel.

3. The user panel understands that it may suggest future changes to thebrief, but that these will not be implemented unless approved by theproject director through the change control procedure, and that itsfuture role will otherwise be limited to satisfying itself that design,supply and construction is in accordance with the full brief.

Signed on behalf of the user panel:

Chairman of the User Panel

PART B

1. The project manager and the design team are satisfied that the fullbrief dated __________________ complies with the folowing:

a. it provides all essential requirements to enable the detaileddesign/ employer’s requirements to be prepared in accordancewith the management control plan;

b. it does not contain any mutually contradictory requirements;

c. it does not breach any of the constraints including the budgetand the programme included in the full business case.

Signed:

Project Manager


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4.4 Certificate of readiness to proceed to detailed design/preparationof employers’ requirements*

Certification by NHS body

NHS body ____________________________________________________

Project ________________________________________________________

Date ____________________

1. The brief has been completed and a brief acceptance certificate hasbeen signed by the user panel, the project manager and the leaddesign consultant.

2. The contract strategy has been reviewed and it has been decided toadopt a ____________________________________________ strategy.

3. The internal project organisation is in place and all necessary externalconsultants have been appointed. Their duties and delegatedauthorities are appropriate for the contract strategy to be used.

4. The cost estimate and programme have been reviewed and a riskanalysis undertaken and appropriate contingency allowance made. Thelatest estimated cost, the programme and the brief are within theconstraints provided in the full business case submission or subsequentre-approval. The project does not require re-approval.


Signed: ______________________________________________________________

Project Director

Approved: ______________________________________________________________

Chief Executive


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4.5 Design/construction certificate by architect/building surveyor/civilengineer/structural engineer/services engineer/contractor**

NHS body: ________________________________________________________

Scheme: __________________________________________________________

Notwithstanding anything to the contrary contained in this certificate, thisfirm is obliged to exercise reasonable skill, care and diligence in theperformance of the services required by that commission/contract** and thisfirm shall not be liable except to the extent that it has failed to exercisereasonable skill, care and diligence and this certificate shall be read andconstrued accordingly.

*A Design

I certify that the designs produced by this firm in the performance of itscommission/contract** for the scheme have been examined by a responsiblemember of this firm. This firm has exercised reasonable skill, care anddiligence in the development of these designs to see that:

(i) The design principles, the design calculations and drawingsproduced by it conform with the Building Regulations and with therelevant Codes of Practice (including Department of HealthFirecode) and refer to British or European standards specification orEuropean technical approvals or common technical specifications,as appropriate, current during the design development.

(ii) The calculations produced by it have been carried out correctly.

(iii)*** The resulting structure, if constructed as designed, will be capableof carrying the design loadings and will be capable of meeting theclient’s requirements of the scheme made known in writing.

(iv)**** The resulting engineering services, if installed as designed andcorrectly serviced, will be capable of meeting the client’senvironmental criteria and policies which have been made knownto this firm in writing and upon which the design has been basedand will provide proper access for safe operation and maintenancepurposes.

Supporting documents have been obtained where in my opinion these areappropriate and necessary.

*B Construction

** This firm has exercised reasonable skill, care and diligence in performingthe services required by its commission in relation to inspection of the work tosee that the contractor has generally fulfilled his obligations with regard to theBuilding Regulations, Codes of Practice (including Department of HealthFirecode) and British or European standards specification or Europeantechnical approvals or common technical specifications, as appropriate,relevant in the design calculations and drawings, subject to any alterations ormodifications made by this firm under its commission.

OR

** This firm has exercised reasonable skill, care and diligence in performingthe services required by its contract in relation to inspection of the works tosee that the works are constructed in accordance with the requirements ofthe Building Regulations, Codes of Practice (including Department of HealthFirecode) and British or European standards specification or Europeantechnical approvals or common technical specifications, as appropriate,


25

relevant in the design calculations and drawings, subject to any alterations ormodifications made by this firm under its contract.

Supporting documents have been obtained where in my opinion these areappropriate and necessary.

* Delete A or B as appropriate. ** Client to delete as appropriate depending on professional discipline or

contract strategy. *** Applies to civil/structural engineering consultants or design and build

contractor, client to delete as appropriate. **** Applies to services engineering consultants or design and build

contractor, client to delete as appropriate.

Signed: ________________________________________________________

Qualification: __________________________________________________

Name (capitals): ________________________________________________

Name of firm: __________________________________________________

Position in firm: ________________________________________________

Date: ____________________

This certificate shall not read as implying certification of design or constructionas defined in The Building Act 1984 and The Building (Approved Inspectorsetc) Regulations.


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4.6 Certificate by quantity surveyor

NHS body: ________________________________________________________

Scheme: __________________________________________________________

Notwithstanding anything to the contrary contained in this certificate, thisfirm is obliged to exercise reasonable skill, care and diligence in theperformance of the services required by this commission and this firm shallnot be liable except to the extent that it has failed to exercise reasonable skill,care and diligence and this certificate shall be read and construed accordingly.

* A Pre-contract services and cost management

I certify that the documentation prepared by this firm in the performance ofits commission for the scheme has been examined by a responsible memberof this firm. This firm has exercised reasonable skill, care and diligence incarrying out its obligations under this commission in respect of pre-contractservices including cost planning and cost management. Supporting documentshave been obtained where in my opinion these are appropriate and necessary.

This firm has prepared and issued a pre-tender cost check which has beenreconciled satisfactorily with the clients approved budget. There are nocurrently foreseen causes of overspend of this budget (other thanfluctuations).

* B Post-contract services and cost management

This firm has exercised reasonable skill, care and diligence in carrying out itsobligations under this commission in respect of post contract services and costmanagement. Supporting documents have been obtained where in myopinion these are appropriate and necessary.

*Delete A or B as appropriate

Signed: __________________________________________________________

Qualification: ______________________________________________________

Name (capitals): ____________________________________________________

Name of firm: ______________________________________________________

Position in firm: ____________________________________________________

Date: ____________________


27

4.7 Certificate of readiness to proceed to tender

NHS body __________________________________________________________

Project ____________________________________________________________

Date __________________________

Contract: __________________________________________________________

__________________________________________________________________

Reasonable skill, care and dilligence has been exercised to ensure that:

1. the detailed design/employer’s requirements have been completed tothe degree appropriate to the contract strategy to be used;

2. the detailed design/employer’s requirements comply with BuildingRegulations and Codes of Practice, including Health Service FireStandards, mandatory standards published by NHS Estates, EC or BritishStandards including the requirements of environmental authoritieswhere appropriate;

3. the detailed design/employer’s requirements fulfil the requirements ofthe full brief;

4. the pre-tender estimate is within the approved budget;

5. all reasonable steps have been taken to ensure that, once the contractis let, the scheme should be able to proceed to completion withoutdelay.

Signed: __________________________________________________________________

Designer

Checked: __________________________________________________________________

Lead Consultant


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4.8 Certificate of readiness to award contract

NHS body: ________________________________________________________

Project: ____________________________________________________________

Date: ____________________

1. There are no:

• wayleaves;

• restrictive covenants;

• rights of way;

• listed buildings;

• or other protected items

affecting the site.

2. The site is available for the contractor to commence construction inaccordance with the programme.

3. The availability of funding for the scheme has been confirmed

4. The contract documents will be executed either:

a.* when using a traditional contract strategy prior to the contractor beinggiven possession of the site; or

b.* when using a design and build contract strategy prior to the contractorcommencing work on the design.

* project director to delete as appropriate

Signed: ______________________________________

Project Director

Checked: ______________________________________

Chief Executive


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5.0 Definitions

This part contains a list of terms used throughout thisagreement and in understanding this agreement thefollowing expressions shall have the meaning herebyascribed to them except where the context otherwiserequires.

Activity data

Information sheets describing:

a. tasks and activities performed in health buildingsand having planning significance;

b. environmental and spatial requirements;

c. the equipment and engineering terminals required.

Ad hoc departments

Health building departments without a Health BuildingNote and associated cost allowance.

Adjudicator

The individual nominated by the client in article 6.14 ofthe memorandum of agreement to whom all disputes inconnection with this agreement shall be referred untilcompletion of the commission.

Agreement

This agreement shall comprise the following parts:

Volume 1

1. Scheme particulars;

2. Conditions of appointment;

3. Provisions for fees and expenses;

4. Specimen certificates;

5. Definitions;

6. Memorandum of agreement

Volume 2

Supplementary Annexure (where this volume isappended hereto)

Volume 3

Duties under the Construction (Design andManagement) Regulations 1994.

Appraisal team

A small multidisciplinary team of officers (and/orconsultants) from the NHS body responsible for theappraisal of options and the outline/full business casesubmission at stages 0 and 1.

Approved sum

The overall capital sum for construction work on a scheme(including main contract, enabling and preliminary worknecessary to bring planned facilities into use) approved bythe client NHS body at work stage 3 (CIM: ‘Managementof construction projects’). This sum will be calculated onthe basis of tenders received or prices negotiated. Oncethe contract is let, the approved sum should not beincreased without further fresh approval obtained inaccordance with an NHS body’s standing orders/instructions. The approved sum is exclusive of fluctuationsallowable under the contract and Value Added Tax.

Architect

The person, partnership, company or firm appointed bythe client to act as the architect for the scheme describedin the memorandum of agreement.

Asset register

A record of data on each capital asset or group of capitalassets (for example land, buildings, fixed plant and otherassets). The register consists of a number of structuredrecords each of which holds details of an asset.

Brief

a. Consultant’s brief

A document issued to consultants containinginformation about the scheme, the client’sprocedures etc to enable them to understandexactly the extent of the service they are required toprovide.

b. Appraisal brief

A document containing guidelines, instructions andinformation to act as a basis for the appraisal ofoptions and the outline business case submission atstage 0.

c. Initial brief

A document prepared at stage 0 or 1 which shallinclude the following:

30

(i) objectives of the scheme;

(ii) cost parameters;

(iii) outline requirements for the scheme includingcontent, accommodation, location and townplanning statement;

(iv) management control plan;

(v) procurement strategy;

(vi) full business case submission;

(vii) any additional information about the sitewhich has become available since stage 0;

(viii) functional content.

d. Full brief

A document containing instructions to the designteam at stage 2 stating the essential detailedrequirements of the client that the scheme mustmeet, including the following:

(i) confirmation of any changes to theparameters set down in the scheme brief,especially regarding programme, planningoperational and cost criteria;

(ii) detailed design briefing (for example, basedon the NHS Design Briefing System [DBS]);

(iii) any updating of the initial brief.

e. Commissioning brief

The operational concomitant to the full brief,containing the essential operational/implementation,programming and budgeting requirements forbringing the scheme into operation.

Budget cost

An estimated cost of the whole of the anticipated capitalexpenditure and value added tax for the project,including:

a. departmental costs;

b. on-costs;

c. works costs (total of departmental and on-costs);

d. location adjustment;

e. fees;

f. non-works costs;

g. equipment; and

h. contingencies.

Once approved within the full business case submission,the total of these costs become the “Approved BudgetCost”. In order to estimate the total outturn cost for theproject the NHS Executive will add an additional amountfor inflation.

Building surveyor

The person, partnership, company or firm appointed bythe client to act as the building surveyor for the schemedescribed in the memorandum of agreement.

Capital budget

The capital costs component of the budget cost.

Capital Investment Manual

The document of the same title published by the NHSExecutive in the version current at the date of thisagreement.

It comprises the following sections:

• Overview

• Project Organisation

• Business Case Guide

• Private Finance Guide

• Management of Construction Project

• Commissioning a Health Care Facility

• IM & T Guidance

• Post-Project Evaluation.

Client

The NHS body named in the memorandum of agreement.

Commissioning brief

See “Brief”.

Commissioning officer

The individual responsible for the overall management,supervision and co-ordination of commissioning by theclient who is accountable to NHS body management.

Commissioning team

A team comprising a core of officers responsible to thecommissioning officer, and concerned with themanagement and supervision of commissioning for theclient necessary to bring the scheme into effective andefficient operation. Representatives of those responsiblefor managing and running services may be co-opted intothe commissioning team.

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31

Capital Investment Manual Database

An integrated health building information systemdesigned for use by the Department to provide managersat policy making and operational levels with keyinformation on schemes in the health buildingprogramme. It incorporates a database of cost analyses.

Construction (Design and Management) Regulations

These Regulations enact into UK law the requirements ofthe EC Temporary or Mobile Construction Sites Directive(92/57/EEC). They place responsibilities for health andsafety on all those involved in the process of procuring abuilding (clients, designers and contractors). There arecertain basic requirements, for example the appointmentof a planning supervisor and principal contractor, thepreparation and maintenance of a health and safety planfor the project, the preparation and maintenance of ahealth and safety plan for the life of the building.

Consultant

A person, partnership, company or firm employed by theclient in connection with the design and administration ofcontract(s) for construction works.

Contract administrator

The consultant with particular additional responsibilitiesfor administering the building contract.

Contract strategy

The method by which the building project is to beachieved, determining:

• the relations between the clients, the design teamand the consultants team;

• the methods of financing and management; and

• the form of construction contract.

Contractor

Any person or persons, firm or company under contract tothe client to perform work and/or supply goods inconnection with the scheme.

Contractor’s proposals

That part of the tender documents submitted by acontractor detailing the proposals to meet the employer’srequirements.

Contract sum analysis

That part of a design and build tender detailing thebreakdown of costs as specified by the client in theemployer’s requirements

Co-ordination of design

i. Of design generally – means:

The production of a complete and integrated designsolution that provides a satisfactory standard ofaccommodation and accords with the full brief.

ii. Of user outlets and all terminals – means the followingactivities:

a. Provision by the architect/building surveyor ofdrawings, either at 1:50 or appropriate larger scale,showing the location of all fixtures, furniture andequipment together with all user outlets both inplan and in elevation.

b. Provision by the architect/building surveyor ofgeneral and, if necessary, particular informationrelating to the location of all terminals. This willcover unacceptable locations and may be in theform of drawn or written guidance.

c. Where the public health services are designed bythe architect/building surveyor or other independentdesigner, inclusion by the architect/building surveyorunder b. above, of details of restrictions on allterminals which relate to services.

d. The examination of the drawings supplied by thearchitect/building surveyor and comments on themby the services engineer. These comments will refernot only to location, but where appropriate willindicate dimensions and support requirements. Thecomments supplied will be on the basis of preferredsolutions.

e. Examination by the architect/building surveyor ofthe services engineer’s comments and relocation ofall terminals as indicated or the initiation ofdiscussions with the services engineer to agree andrecord an acceptable alternative solution asnecessary. Issue by the architect/building surveyor ofthe total final agreement with the services engineeron co-ordination of user outlets and all terminals sothat the latter may complete his designs andundertake the preparation of the productiondrawings and other documentation.

iii. Of engineering design – means:

a. The process of arranging the engineering servicesworks such that each individual item can bephysically installed, operated and subsequentlymaintained.

5.0 Definitions

32

b. Showing such arrangements on building andengineering services production information so thatthe objectives of a. can be achieved and to enabledetailed structural provision to be made for theengineering works.

iv. Of the lead consultant and other members of thedesign team – means:

a. Co-ordinating and integrating the activities of allthe other consultants.

The production of a complete and integrated designsolution that provides a satisfactory standard ofaccommodation and accords with the design brief.

Departmental Cost Allowance Guides (DCAGs)

The guidance on capital sums calculated for the provisionof a defined amount of functional accommodation.DCAG’s are promulgated by NHS Estates on behalf of theNHS Executive. Cost allowance guides may be reduced orexceeded where an investment appraisal hasdemonstrated that within the context of an economicaland efficient overall design, further running cost savingsand/or measurable service benefits may be obtained fromthe decreased or increased capital provision.

Cost analysis

An analysis of the accepted tender using a form of costanalysis for health building work suitable for therequirements of the Capital Investment Manual Database.

Cost checking

An estimate of the probable cost of the developing designin comparison with the cost included in the cost plan.

Cost management

A continuous process of cost management throughoutthe duration of the project or scheme from initial brief topayment of the final certificate to enable expenditure tomatch specific defined cost targets. It can be considered intwo parts:

a. pre-contract cost management during design/preparation of employer’s requirements, the objectof which is to obtain a tender within the updatedbudget cost;

b. post-contract cost management during execution,the object of which is to obtain a final accountwithin the approved sum (excluding fluctuations).

Cost plan

A statement of the cost of the proposals prepared by theprofessional design team, presented in elemental formatin accordance with NHS Estates guidance.

Cost planning

The process of assisting the design team to produce a costeffective solution and controlling the cost of the schemewithin the sum approved by the client during all stages upto the placing of the contract.

Defects liability period

The period of time stated in the contract and startingfrom the date of practical completion of the works, duringwhich the contractor is liable for making good defectsattributable to workmanship or materials not having beenmade in accordance with the contract.

Departmental cost

The capital sum allowed for functional provisions based on(or derived from) Departmental cost allowance guides.Where cost allowances are not appropriate, the costs forindividual departments should be justified on the basis ofsimilar accommodation in other schemes.

Design/cost reports

Reports on design development and cost consequences todemonstrate fulfilment of the design brief and adherenceto the budget cost. Costs must be reported at a knowncost datum.

Design team

A team comprising consultants or an NHS body’s designstaff responsible for design of the scheme, inspection ofits construction, adjustment of accounts and the issue ofthe final certificate.

Development control plan

A series of drawings comprising site plans with contours(or spot levels), schematic plans and sections of buildings,showing existing properties and proposed cycle of sitedevelopment, identifying individual schemes, outline ofengineering service networks, functional relationships andmain communications within and between buildings. Thedevelopment control plan should not pre-empt theappraisal of options at stages 0 and 1 and may be revisedas a consequence of Full Business Case approval for thescheme.

Employer’s agent

The consultant with the particular responsibility foradministration of the contract when using a design andbuild contract strategy.

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33

Employer’s requirements

A document prepared by the client, project manager andconsultants for obtaining tenders when using a designand build contract strategy.

Engineering services commissioning

Bringing the entire engineering service works togetherinto full normal working condition and handing over thewhole to the client as an operating entity capable ofmeeting the levels of load and/or performance specified.

Engineering services works

The engineering services in connection with which theclient has engaged the services engineer to perform theprofessional duties.

Equipment

Equipment is classified into four groups:

Group 1: items usually supplied and fixed by thecontractor;

Group 2: items, having a significant effect on space orstructural requirements, which are suppliedby the NHS body and fixed by the contractor;

Group 3: items, having a significant effect on space orstructural requirements, which are suppliedby the NHS body and put in position by themor their agents outside the general contract.(for example includes x-ray equipment, linearaccelerators and other medical equipment);

Group 4: small items, usually storage items, suppliedand put in position by the NHS body.

Final account

The document to arrive at the total remuneration due tothe contractor under the terms of the contract.

Full business case submission

A document whose objective is to confirm in detail theviability of the preferred option for the project and makerecommendations as to the methods to be used to deliverthe project to time, cost and quality. This document isused to obtain final approval to the funding of theproject.

Functional content

The service/departmental capacity of a health buildingscheme expressed in terms of functional units.

Functional unit

A unit for measuring the capacity of health buildingaccommodation in terms of service related content. Forexample, the functional unit for measuring the capacity ofwards is the bed.

Health and safety file

This is the document referred to in the Construction(Design and Management) Regulations which containsinformation on the design of the scheme together withinformation added during construction to provide “asbuilt” records. The information contained in the file ishanded to the project director and is used to assist anypersons carrying out work on the scheme after itscompletion (eg maintenance, extensions, refurbishment,demolition).

Health and safety plan

This is the document referred to in the Construction(Design and Management) Regulations which is preparedfor a specific scheme. It sets out the health and safetypolicies to be adopted together with methods formonitoring Health and Safety Performance, identifies theprincipal health and safety hazards that may beencountered during construction together withprecautions where appropriate, requires work to becarried out to recognised standards and in accordancewith published guidance as specified in the plan.

Lead consultant

The consultant member of the design team appointed bythe client to act as the lead consultant for the schemedescribed in the memorandum of agreement.

Management control plan

The overall programme and plan of work for theexecution and commissioning of a scheme. The plan musttake account of Capital Investment Manual activities and ascheme’s requirements in terms of resources and timing. Itwill normally be expressed in diagrammatic form (networkor bar chart) and will be updated regularly to reflectprogress made.

Management staff categories

For the purpose of time charge rates, the definitions ofthe project management staff grades listed in Article 6.7bof the Memorandum of Agreement are:

Senior professional: a person who has held corporatemembership of a professional body recognised by the NHSbody for a period of at least five years.

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34

Professional: a person who has held corporatemembership of a professional body recognised by the NHSbody.

Senior technician: a person not holding corporatemembership of a professional body with ten years or morerelevant work experience.

Technician: a person not holding corporate membershipof a professional body with less than ten years relevantwork experience.

Material(s) – (in relation to copyright)

Any document, item, material or the work produced forthe purpose of the scheme or in connection with thescheme by the consultant, any of its employees or anythird party engaged by the consultant or working underthe direction or supervision of the consultant.

NHS body

This includes NHS trusts, authorities, FHSAs, SHSAs andany other centrally funded bodies.

On-costs

Capital costs arising from the interaction between thefunctional departmental units and the total building andsite complex (for example the cost of communicationsbetween departments, external works and services,additional energy saving measures, auxiliary buildings andabnormals).

Operating manuals

Sets of documentation which shall include the operatinginstructions, servicing and maintenance instructions, spareparts lists and test reports dealing with the building andengineering systems provided under the commission. Themanuals shall cover in an orderly fashion each item ofequipment and each system in the works.

Outline business case submission

A document whose objective is to demonstrate theviability of the project (this includes investigation andevaluation of strategic planning, service planning andcapital planning) and obtain initial approval to funding ofthe preferred option, subject to confirmation of viability inthe full business case submission. The preparation of theoutline business case submission involves a systematicanalysis of the relative advantages and disadvantages ofalternative options in meeting specific health objectives.Both monetary and non-monetary consequences areconsidered.

Outline plans

Drawings prepared by the architect/building surveyor to ascale of not less than 1:100 of the layouts of thedepartments for the purposes of consultation withexternal local interests, other consultants and the client.

Participant

A person, partnership, company or firm involved in thescheme and making a contribution to its completion,operation or occupation.

Planning supervisor

The firm, professional discipline or individual named inclause 1.8 of the scheme particulars to perform the dutiesascribed to the planning supervisor in the Construction(Design and Management) Regulations.

Post-contract changes (stage 4 onwards)

The alteration or modification of the design, quality orquantity of the work shown on the contract drawings anddescribed by or referred to in the contract bills, priceddocuments or other production information for main andsub-tenders; the addition, alteration or omission of anyobligations or restrictions imposed by the client in thecontract bills or priced documents.

Practical completion (certificate of)

Document certifying that a scheme or specified part of ascheme has in the opinion of the contract administrator/employer’s agent achieved practical completion of theworks in accordance with the contract, the date of thiscertificate marks the commencement of the defectsliability period (maintenance period) and of the period offinal measurement for the purposes of the final account.

Principal

Member of firm generally in overall charge of the policyand conduct of the firm’s business who is able to committhe firm to undertake commissions.

Principal contractor

The contractor selected to be responsible under theprovision of the Construction (Design and Management)Regulations for the maintenance, implementation anddevelopment of the health and safety plan duringconstruction and co-ordinating the activities of allcontractors and sub-contractors (including the self-employed) to ensure that they comply with the relevanthealth and safety legislation.

5.0 Definitions

35

Production information

The co-ordinated drawings, specification/employer’srequirements, schedules and bills of quantities or priceddocuments needed for tendering, co-ordination andconstruction of the building and its services.

Professional advisor

An individual or firm appointed by the project director toprovide advice on:

a. actions,decisions and approvals from the NHS body;

b. interpretation of reports and recommendationssubmitted by the project manager and advice onwhen, and what action is needed as a result;

c. the adequacy and contents of the project executionplan; and

d. internal NHS body matters affecting the project.

Project

The complete cycle of development work envisaged for anindividual hospital or NHS site. A project may include anumber of building schemes.

Project director

The individual, usually an employee of the client, whorepresents, and has the authority of the client in respectof the specific scheme. All instructions given by theproject director are deemed to be given by the client. Alladvice given to the project director is deemed to havebeen given to the client. More detailed information isprovided in the Capital Investment Manual: ProjectOrganisation.

Project execution plan

A manual prepared by the project manager and agreedwith the project sponsor, acting as a common controldocument for the scheme including, inter alia, thefollowing subjects:

a. management and organisational structure;

b. identification of all participants;

c. summary of duties of all participants;

d. responsibilities of all participants;

e. delegated authority limits of all participants;

f. lines of communication;

g. administrative procedures;

h. client/project director approval/instructionprocedures;

j. progress procedures;

k. reporting procedures and formats (including costcontrol and reporting);

l. financial procedures (including risk and sensitivityanalysis,change and cost management procedures);

m. meetings structure;

n. quality assurance/control;

o. construction procedures;

p. technical and operational commissioningprocedures;

q. post-project evaluation procedures.

Project information manuals

Sets of documentation which shall include all essentialinformation about the construction of the building,together with all the necessary sources of information forits proper maintenance, for example, informationregarding safety and fire integrity.

Project manager

The person, partnership, company or firm named in thememorandum of agreement and appointed by the clientto act as the project manager for the scheme described inthe memorandum of agreement.

Quantity surveyor

The person, partnership, company or firm appointed bythe client to act as the quantity surveyor for the project/scheme described in the memorandum of agreement.

Record drawings

Drawings showing the building and services installationsas erected at the date of practical completion.

Revenue/running costs

The annual operational costs element of the outline/fullbusiness case submission, for example, maintenance andstaffing costs.

Scheme

All planning, design and construction work andcommissioning activity necessary to bring planned facilitiesinto use (including essential preliminary and enablingworks), referred to in the memorandum of agreement.

5.0 Definitions

36

Services engineer

The person, partnership, company or firm appointed bythe client to act as the services engineer for the schemedescribed in the memorandum of agreement.

Shop drawings

Drawings and documentation prepared by the contractoror sub-contractor or suppliers to supplement theproduction information for use in manufacturing ofcomponents or installation of on-site assemblies.


Staff resident on site on a full or part-time basis to inspectthe progress and quality of the work and to determinethat the works are being executed in accordance with thecontract documents.

Stage payments

Payments made on completion of pre-determined stagesof the work.

Structural engineer

The person, partnership company or firm appointed by theclient to act as the structural engineer for the schemedescribed in the memorandum of agreement.

Structural engineering works

Those works for which the structural engineer is requiredto prepare calculations and generally give advice andotherwise perform professional duties.

Sub-contractor

Any person, partnership, company or firm under contractto the contractor to perform work and/or supply goodsand/or services in connection with the scheme.

Sub-programme

Detail programme based on the constraints of themanagement control plan, relating to a particular stage orpart of the scheme.

Tender documents

All the documents used to invite tenders for the executionof the works.

User panel

A group representing the end users of the schemecomprising representatives of the NHS body’s financedepartment, medical staff and those responsible foroperating the various ancillary services.

These representatives will be authorised to define theirdepartment’s needs and to review and agree how thoseneeds will be met whilst ensuring that the schemeremains financially viable. The user panel willcommunicate its requirements and decisions to the projectmanager through the project director.

Works

The construction works relative to the scheme.

5.0 Definitions

37

6.0 Memorandum of agreement

This part comprises the memorandum of agreement between the client and the consultant.

Memorandum of agreement

This agreement is made on the ______ day of __________ 19 ____ between

__________________________________________________________________(insert name of client) of

__________________________________________________________________(hereinafter called the “client”) of the one part and

__________________________________________________________________(insert name of consultant or firm of consultants)

__________________________________________________________________(hereinafter called the “consultant”) of the other part

WHEREAS

the client intends to proceed with (the “scheme”)

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________and has appointed or proposes to appoint:

__________________________________________________________________to be their planning supervisor;

__________________________________________________________________to be their architect/building surveyor*;

__________________________________________________________________to be their quantity surveyor*;

__________________________________________________________________to be their structural engineer*;

__________________________________________________________________to be their services engineer*;

and other consultants* as necessary to complete the scheme and hasrequested the consultant to perform professional duties in connection with theitems stated in this memorandum.


NOW IT IS HEREBY AGREED AS FOLLOWS:

6.1 The client agrees to engage the consultant and the consultant agreesto perform the professional duties subject to and in accordance with Volume 1Parts 1-5, Volume 2 (supplementary annexure) and Volume 3 Duties under the

38

Construction (Design and Management) Regulations 1994, including anyspecific requirements listed at clause 1.20 of the scheme particulars.

6.2 This memorandum of agreement, together with Volume 1 Parts 1-5and Volume 2 (supplementary annexure) and Volume 3 Duties under theConstruction (Design and Management) Regulations 1994 shall togetherconstitute the agreement between the client and the consultant.

6.3 The ____________________ * shall be the lead consultant as describedin clause 2.7 of the agreement and further amplified in item S1 of schedule 1of the memorandum of agreement.

6.4 The ____________________ * shall be the contract administrator asdescribed in clause 1.10 of the agreement and further amplified in item S2 ofschedule 1 of the memorandum of agreement.

6.5 The ____________________ * shall be the employer’s agent asdescribed in clause 1.11 of the agreement and further amplified in item S3 ofschedule 1 of the memorandum of agreement.

* client to insert discipline

Payment for duties

6.6 The consultant’s duties shall be as set out in schedule 1 of thememorandum of agreement and the payment shall be as set out below:

a. articles 6.6A and 6.6B are alternatives. Article 6.6A shall be used if anappointment is to be made at stage 0, 1, 7 or 8 and article 6.6B shallbe used if an appointment is to be made at stage 2 or thereafter. Clientshall delete article 6.6A or 6.6B in entirety as appropriate;

b. if article 6.6A is used, there is no obligation for the client to continuewith the scheme beyond stage 1, and the consultant shall seek specificauthority from the client to proceed to stage 2 duties.

6.6A Appointment made at stage 0, 1, 7 or 8:

a. for stage 0, 1, 7 or 8 duties, payment shall be as set out below:

(i) on a time charge basis in accordance with the scale of chargesdescribed in clause 3.8*;

or

(ii) on a lump sum basis*.

Article 6.6A(a)(ii) should only be used if the work can be so defined asto enable a lump sum fee bid to be made. If no deletion is made,article 6.6A(a)(i) shall apply.

b. (i) for stage 2 – _____ (client to insert work stage) duties, paymentshall be as set out below:

Lower limit Upper limit

Estimated cost of theworks (£m) *

Estimated duration (months/years)*

Fee †

* client to complete† project manager to complete


39

(ii) client shall state the envisaged cost of the works using an upperand lower cost range;

(iii) client shall state the estimated duration of the scheme fromcommencement of stage 2 to practical completion of the worksand complete a higher and lower duration range, although theconsultants’s duties may extend beyond practical completion asidentified in schedule 1 of the memorandum of agreement;

(iv) consultant to complete the box by inserting a fee for each of thevariations in cost and duration stated by the client on the basis of alump sum/percentage (client to delete as appropriate);

(v) the apportionment of the fee for stages 2 – client to insert workstage) shall be as set out below;

workstage* % of fee †

_______________________________ ____________________________________

_______________________________ ____________________________________

_______________________________ ____________________________________

_______________________________ ____________________________________

_______________________________ ____________________________________

_______________________________ ____________________________________

_______________________________ ____________________________________

_______________________________ ____________________________________

_______________________________ ____________________________________

_______________________________ ____________________________________

* client to complete† project manager to complete

(vi) where the client gives specific authority to the consultant to proceed with duties after stage 1, the feeentered at article 6.6Ab(i) shall be established as the fee for stages 2–_____ (client to insert stage) duties,provided that the cost of the works for stage 0 and stage 1 duties as set out in clause 3.1a and the durationfrom commencement of stage 2 to practical completion of the works estimated at that stage is within thecost and duration ranges inserted by the client. If this cost and duration are outside the ranges inserted thenthe fees for stages 2–_____ (client to insert stage) duties shall be established in accordance with theprovisions of clause 3.15.

6.6B For stage 2–6 duties, payment shall be as set out below:

Work stage* Fee † Basis of fee ‡

_______________________ ____________________ _______________________

_______________________ ____________________ _______________________

_______________________ ____________________ _______________________

_______________________ ____________________ _______________________

_______________________ ____________________ _______________________

* client to state workstage† consultant to complete‡ client to state “lump sum”, “ percentage” or “time charge” as appropriate for each work stage noted


40

Time charge rates

6.7 For those duties where fees are payable on a time charge basis, therates referred to in clause 3.8 of the agreement shall be:

a. principal (clause 3.8a): £ _____________ per hour

b. professional and technical staff (clause 3.8c):

senior professional £ _____________ per hour

professional £ _____________ per hour

senior technician £ _____________ per hour

technician £ _____________ per hour

(Note: every category of the above as entered by the client, is to be completedby the consultant.)

Travelling, subsistence and other expenses

6.8 Travelling, subsistence and other expenses referred to in part 3 of thisagreement shall be paid as set out below:

a. in accordance with clause 3.11 and included in the lump sums orpercentages stated in article 6.6A or 6.6B whichever is applicable*;

or

b. in accordance with clause 3.13*.

* client to delete as appropriate. If no deletion is made, article 6.8a shall apply

6.9 Attendance at meetings required by the client specified in clause 1.24shall be paid for as set out below:

a. in accordance with clause 3.20 and included in the lump sums orpercentages stated in article 6.6A or 6.6B whichever is applicable*;

or

b. on the basis of a lump sum agreed between the project manager andproject director or on a time charge basis in accordance with clause 3.8Such attendances will be based on an agreement specifying who willattend on behalf of the consultant*.



6.10* The percentages referred to in clause 3.14c as an increment on theamount due in respect of site inspection staff under clause 3.14a shall be:

a. For specifically recruited site inspection staff ______ %;

b. For seconded site inspection staff ______ %.

* client to delete article if not appropriate to proposed contract strategy


41

Site accommodation and equipment

6.11* The following site accommodation and equipment shall be provided bythe client for the consultant:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

________________________________________________________________ †

* Client to delete this article if consultant is to be responsible for provision ofall site accommodation and equipment

† Consultant to complete

Accounts and interim payments

6.12 The intervals at which accounts shall be submitted and interimpayments made in accordance with clauses 3.30 and 3.31 shall bemonthly/quarterly/stage payments (client to delete as appropriate: if nodeletion, “monthly” shall apply) reckoned from the commencement of theconsultant’s appointment.

Index for lump sum bids

6.13 The index referred to in clause 3.5 for lump sum bids shall be ________________ (client to insert index required).

Adjudicator

6.14 The person named as adjudicator under the provisions of clause 2.39shall be: ____________________________________________________________

Special conditions

6.15 Insert any conditions other than those in volume 1, parts 2 and 3 ofthis agreement which are to apply to the appointment.

Conditions not to apply

6.16 Insert any clauses in volume 1, parts 2 and 3 of this agreement whichare not to apply to this appointment.

(Note: the alternatives of clauses 2.57, 2.58 or 2.59 which is not to be applied,should be inserted).


42

Schedule 1 of the memorandum of agreement

This schedule describes the plan of work which contains details of key eventsand duties to be completed by the respective consultants taking account ofthe duties being performed by others. The duties listed herein must be carriedout in compliance with the client’s procedures for the execution of capitalworks, current at the date of this agreement. This schedule should be read inconjunction with the relevant entries in Volume 2 (the supplementaryannexure), where applicable, and Volume 3 Duties under the Construction(Design and Management) Regulations 1994.

The duties set out in this schedule, the relevant part of schedule 2 and therelevant entries in Volume 2 (the supplementary annexure) shall constitute theconsultant’s duties for the purposes of payments under article 6.4 of thememorandum of agreement except insofar as they arise in consequence ofpre-contract and post-contract changes referred to in clauses 3.16 and 3.17.

In discharging these duties, obligations and responsibilities, all consultantsshall pay due regard to the terms of appointment of each member of thedesign team.

Where using a design and build contract strategy and reference is madeherein to the “design team” from stage 4 onwards, this shall mean thoseconsultants appointed to assist the employer’s agent with post-contractmonitoring of compliance with the contract documents (including theemployer’s requirements and the contractor’s proposals), commissioning andpost-project evaluation.

In this agreement, the following expressions shall have the meanings herebyascribed to them.

S1 Lead consultant

The consultant nominated in accordance with clause 2.7 and identified inarticle 6.3 of the memorandum of agreement shall have the duty andresponsibility of co-ordinating and integrating the activities of the otherconsultants employed on the project and shall represent the design team in allformal communications with the client/project manager in connection withthe development of the scheme.

The lead consultant shall carry out the duties as set out in the plan of work,and the relevant entries in Volume 2 (the supplementary annexure) andVolume 3 Duties under the Construction (Design and Management)Regulations 1994, in addition to the duties listed under his particulardiscipline.

The lead consultant shall have no authority to vary the work of othermembers of the design team other than through the client/project manager.

In discharging these duties, obligations and responsibilities, the leadconsultant shall pay due regard to the terms of appointment of each memberof the design team.

The lead consultant, in conjunction with the project manager and the otherconsultants, shall prepare a detailed programme of design team activityshowing relevant submissions at the several procedural stages to accord withtarget dates for the whole project programme. The lead consultant shall


43

ensure that all stages of the work of other consultants can be achieved withinthe programmed period.

Compliance with these requirements is deemed to form part of the duties ofthe consultant so nominated and no additional fees shall be payable therefor.

S2 Contract administrator

The consultant nominated in accordance with clause 1.10 of the schemeparticulars with responsibility for the contract administration duties specifiedin the conditions of contract being used for the appointment of the contractor.

The contract administrator shall carry out the duties as set out in the plan ofwork, and the relevant entries in Volume 2 (the supplementary annexure) andVolume 3 Duties under the Construction (Design and Management)Regulations 1994, in addition to the duties listed under his particular discipline.

In discharging these duties, obligations and responsibilities, the contractadministrator shall pay due regard to the terms of appointment of eachmember of the design team.


S3 Employer’s agent

The consultant nominated in accordance with clause 1.11 of the schemeparticulars with responsibility for the duties specified in the conditions ofcontract being used for the appointment of the contractor.

The employer’s agent shall carry out the duties as set out in the plan of work,and the relevant entries in Volume 2 (the supplementary annexure) andVolume 3 Duties under the Construction (Design and Management)Regulations 1994, in addition to the duties listed under his particular discipline.

In discharging these duties, obligations and responsibilities, the employer’sagent shall pay due regard to the terms of appointment of each member ofthe design team.


S4 Quantity surveyor and services engineer Cost planning, cost management and final account duties

[Delete (A) if alternative (B) is required; otherwise (A) will apply]

(A) FOR THE PURPOSE OF THIS COMMISSION, COST PLANNING, COSTMANAGEMENT AND FINAL ACCOUNT DUTIES FOR THE QUANTITY SURVEYORshall mean:

the performance of the duties relating to cost planning and cost managementand the preparation of the final account including valuation of the work,variations, fluctuations and daywork for the whole of the scheme including theengineering services items listed in schedule 2 of the memorandum ofagreement;


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AND FOR THE SERVICES ENGINEER shall mean:

the provision of such information and making such decisions as are necessaryfor the quantity surveyor and the services engineer to perform properly theirrespective duties relating to the cost planning, cost management and thepreparation of the final account including valuation of the work, variations,fluctuations and daywork for the whole of the scheme including theengineering services items listed in schedule 2 of the memorandum ofagreement.

OR

(B) To be effective only if (A) has been deleted:

FOR THE PURPOSE OF THIS COMMISSION, COST PLANNING, COSTMANAGEMENT AND FINAL ACCOUNT DUTIES FOR THE QUANTITYSURVEYOR shall mean:

the performance of the duties relating to cost planning, cost managementand the preparation of the final account including valuation of the work,variations, fluctuations and daywork for the whole of the scheme butexcluding the engineering services items listed in schedule 2 of thememorandum of agreement which will be the responsibility of the servicesengineer. The quantity surveyor shall co-ordinate the cost planning and costmanagement duties for building and services engineering and shallincorporate any costs and related information provided by the servicesengineer into his own work as necessary and appropriate to the stage dutybeing undertaken;

AND FOR THE SERVICES ENGINEER shall mean:

the performance of the duties relating to cost planning, cost managementand the preparation of the final account including valuation of the work,variations, fluctuations and daywork for the engineering services items listedin schedule 2 of the memorandum of agreement. These duties shall includeco-ordinating cost planning and cost management for services engineeringwith building and providing the quantity surveyor with all cost and relatedinformation for incorporation into the scheme documents as necessary andappropriate to the stage duty being undertaken.

S5 Value Added Tax

(A) The duties listed hereafter shall include presenting tender and finalaccount documentation in a manner which facilitates the ready assessment ofthe client’s liability for Value Added Tax.

OR

(B) No work in connection with the client’s anticipated liability for ValueAdded Tax will be required.

[Delete (A) if alternative (B) is required. Otherwise (A) will apply]

S6 Responsibility for functions/constructional elements

The responsibility for various functions or design of the constructionalelements shall be as allocated in the following table by the projectdirector/project manager:


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Client Project manager Architect Structural Quantity Services Contractorengineer surveyor engineer

Lead consultant

Employer’s agent

Site inspection (employment of)

Interior design:• (co-ordination of groups 2, 3 and

4 equipment)

Graphic design

Landscape design:• soft landscape• hard lansdscape• roads/car parks

Drainage:• above ground• below ground• roof drainage

Specialist medical equipment:• pre-installation

Services intakes(public utilities)

Acoustics

Fire safety

Voice/data networks etc

Others (please list):

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Plan of work

The table below summarises the sections of the plan of work applicable toeither traditional or design and build contract strategies:

Section Traditional contract Design and build strategy contract strategy

A. Work stages 0 and 1 Yes Yes B. Work stages 2–8 Yes No C. Work stages 2–8 No Yes

(Note – Stage 2 “sketchdesign” may only berequired when adopting adevelop and constructstrategy – the actual dutiesrequired should also beconsidered)

(NOTE: This table, the plan of work and the supplementary annexure (seeVolume 2) shall be amended by the client in the event of either the dutiesvarying or alternative contract strategies being used for the scheme.)


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Plan of work

Section A

Traditional contract strategy Design and build contract strategy

Work stage: 0. Outline business case 1. Full business case leading to approval


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Schedule of key events and duties to be performed by the consultant

Stage 0 – Outline business case

Work Lead consultant Contract Employer’s Architect/building Quantity Structural Services Notes stages administrator agent surveyor surveyor engineer engineer

Stage 0 – outline business case

Inception Receive client Receive client Receive client Receive client Receive client briefing briefing briefing briefing briefing

Define Establish the scope Undertake site Provide broadobjectives, of the project in appraisals guidelines on likely constraints and association with cost of meeting criteria for the project objectives development manager and

disseminate to Undertake site other consultants appraisal cost

studies

Private finance Co-ordinate work Input to Input to Input to Input to of this stage in investigation into investigation into Investigation into Investigation into respect of and evaluation of and evaluation of and evaluation of and evaluation of investigation into private finance private finance private finance private finance and evaluation of options options options options options in respect of private finance

Health and Contribute to Contribute to Contribute to Contribute to Contribute to safety file and health and safety health and safety health and safety health and safety health and safetyhealth and file and health and file and health and file and health and file and health and file and health andsafety plan safety plan safety plan safety plan safety plan safety plan

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See: CapitalInvestmentManual:Business caseguide

Scope of thebuilding andengineeringservices shouldbe clearlyestablished

See: CapitalInvestmentManual: Privatefinance guide



Work Lead consultant Contract Employer’s Architect/building Quantity Structural Services Notesstages administrator agent surveyor surveyor engineer engineer

Consider and Co-ordinate and Undertake site Provide cost advice Evaluate structural Prepare strategies appraise options prepare in capital investigations relating to implications of and cost

and works-related consultations with options and implications revenue terms local authority and contribute to cost against optionsfeasibility studies other statutory assessment to form part of authorities appraisal of options Consult with local Cost feasibility Consult with local Consult with local

authority and other studies for options authority and authority and Co-ordinate statutory and collaborate in other statutory other statutory consultations with authorities as evaluating options authorities as authorities as local authority and necessary and making necessary necessary other statutory recommendations authorities

Evaluate feasibility Collaborate in Evaluate feasibility studies in capital evaluation and studies in capital and works-related recommendations and works-related revenue terms to revenue terms; form part of collaborate in appraisal of options evaluation and

recommendations

Risk assessment Co-ordinate risk Input to risk Input to risk Input to risk Input to risk and contingency assessment and assessment and assessment assessment and assessment and allowance prepare report for establishment of establishment of establishment of

project manager contingency Estimate contingency contingency on contingency allowance contingency allowance allowance allowance allowance

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Selection of Co-ordinate and Provide cost report Prepare structural Prepare strategies preferred option submit report to and assemble cost assessment of site for energy and

project manager documents and preferred services recommending option implications preferred option

Co-ordinate and Contribute to Contribute to Contribute to Contribute to submit outline outline business outline business outline business outline business business case case report case report case report case report report

Co-ordinate and Re-assess studies of Provide inputs to/ agree preferred option complete CIM development Database records control plan (DCP) is required by with project Prepare/update client manager development

control plan (DCP)

Outline Business Case Approval (Client Approval Stage) 6.0 M

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Stage 1 – Full business case leading to approval


Stage 1 – full Receive client Receive client Receive client Receive client Receive client business case briefing briefing briefing briefing briefing leading to approval

Client brief Prepare and Collaborate in Collaborate in Collaborate in Collaboration in The Management maintain detail preparation of preparation of preparation of preparation of Control Plan programme and detail programme detail programme detail programme detail programme (MCP) should be agree with project assessed and the manager and project manager other consultants informed of any

implications Establish project Prepare cost plan organisation See Capital

Investment Manual: Project organisation

Private finance Co-ordinate work Input to Input to Input to Input to See Capital of this stage in investigation into investigation into Investigation into investigation into Investment respect of and evaluation of and evaluation of and evaluation of and evaluation of Manual: Private Investigations into private finance private finance private finance private finance finance and evaluation of options options options options options in respect of private finance

Health and Contribute to Contribute to Contribute to Contribute to Contribute to safety file and health and safety health and safety health and safety health and safety health and safety health and file and health and file and health and file and health and file and health and file and health and safety plans safety plan safety plan safety plan safety plan safety plan

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Initial brief Prepare and Collaborate in Collaborate in Collaborate in Collaborate in The Management maintain detail preparation of preparation of preparation of preparation of Control Plan programme and detail programme detail programme detail programme detail programme (MCP) should be agree with project assessed and the manager and Prepare cost plan project manager other consultants informed of any

implications

Site Co-ordinate work Determine extent Determine extent investigation of this stage, of and contribute of and supervise

confirm to supervision of site investigation programme and site investigation report to project manager

Agree and order site investigation in conjunction with other consultants

Outline design Co-ordinate and Prepare outline Advise on cost Advise on site Appraisal of site prepare report on plans parameters constraints on environmental the recommended structure, conditions site in association foundations and with other site work Investigations of consultants mains services

supplies

Provide services in Advise on fuel connection with policy environmental studies

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Outline design Co-ordinate work Contribute to Advise on cost Contribute to Contribute to (contd) on initial design report on implications of site report report

studies and recommended site and contribute to supervise testing including report against planning constraints and control and opportunities constraints of cost, structure and services

Prepare zoning and Advise on site Advise on layouts Prepare site strategic layouts costs of layouts strategy for service

distribution

Generate initial Prepare cost Advise on Advise on the design studies. Test models and cost implications of design against planning studies and advise design studies in implications and controls and on structural and terms of structure, check services constraints of cost, site costs foundations and decisions are valid structure and particularly with site works services regard to

abnormals

Co-ordinate and Advise on energy Advise on energy Advise on energy Advise on energy advise on energy conservation and conservation and conservation and conservation and conservation and assist in the assist in the assist in the assist in the determination of determination of determination of determination of determination of energy targets energy targets energy targets energy targets energy targets

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Planning Co-ordinate Consult with local Provide cost advice ConsuIt with local Consult with local permission consultations with authority and other relating to authorities and authority and

local authority and statutory consultations with other statutory other statutory other statutory authorities and local authority and authorities and authorities and authorities and make application to other statutory provide input to provide input to ensure that obtain outline authorities in applications to applications to applications to planning approval relation to obtain outline obtain outline obtain planning applications to planning approval planning approval approval are made obtain outline

planning approval

Development Co-ordinate Confirm Prepare the control plan confirmation of development engineering DCP (DCP) development control plan (DCP) drawings

control plan (DCP) including and agree with preparation of block project manager plan of scheme

identifying main departments and showing relationship with any earlier development and possible future development

Co-ordinate Prepare preferred Cost advice and Input to preferred Input to preferred preferred design design and site studies for design and site design and site and site development plans preferred designs development development plans development plans including roads and and development plans for for services

sewers plans structure, roads and sewers

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Equipment Prepare report for Input to Input to Input to Input to strategy project manager establishment of establishment of establishment of establishment of

on equipment equipment strategy equipment equipment equipment strategy strategy strategy strategy

Risk assessment Co-ordinate Input to update of Input to update of Input to update of Input to update See: Capital and contingency update of risk risk assessment a risk assessment risk assessment risk assessment Investment allowance assessment and re-evaluation of and re-evaluation and re-evaluation Manual:

prepare report for contingency Update estimate of contingency of contingency Management of project manager allowance of contingency allowance allowance construction on contingency allowance projects allowance

Budget cost Co-ordinate Assist in Prepare cost plan Assist in Assist in preparation of preparation of and give cost preparation of preparation of cost plan and cost plan advice cost plan cost plan provide input as necessary

Co-ordinate Provide information Prepare budget Provide Provide information for for budget cost cost statement information for information for budget cost statement and confirm that budget cost budget cost statement and proposals can be statement statement confirm to project afforded manager that proposals can be afforded

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Running costs Co-ordinate Provide information prepare estimates Provide Provide preparation of for preparation of of running costs information for information for estimates of estimates of (maintenance, preparation of and assist in running costs running costs staffing, fuel etc) estimates of preparation of (maintenance, (maintenance, running costs estimates of staffing, fuel etc), staffing, fuel etc) maintenance, running costs report to project staffing, fuel etc) maintenance, manager staffing, fuel etc)

Post-project Co-ordinate Input to report on Input to report on Input to report on Input to report on See: Capital evaluation preparation of criteria for post- criteria for post- criteria for post- criteria for post- Investment

report on criteria project evaluation project evaluation project evaluation project evaluation Manual: Post-for post-project Project Evaluationevaluation

Contract Prepare report for Input to report on Input to report on Input to report on Input to report on strategy project manager contract strategy contract strategy contract strategy contract strategy

on contract strategy

Scheme Confirm to project Check that design Provide input to/ validation manager that meets functional update CIM

design meets content policy Database records functional content requirements as required by policy client requirements

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Scheme Co-ordinate and Contribute to Provide cost Provide structural Provide services Review the validation prepare a report production of a information for engineering engineering timetable for (contd) for the project report to include incorporation into information for information for design, contract

manager to any specific the report to incorporation into incorporation into procurement, include any unresolved include any the report to the report to construction specific unresolved problems and to specific unresolved include any include any commissioning problems and to demonstrate that problems and to specific unresolved specific unresolved and opening in demonstrate that scheme is cost demonstrate that problems and to problems and to conjunction with the scheme is cost effective the scheme is cost demonstrate that demonstrate that project manager effective effective scheme is cost scheme is cost

effective effective

Full business Budget cost now case approval established as the (client approval basis of cost stage) management

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Plan of work

Section B

Traditional contract strategy

Work stage: 2. Design 3. Tender and contract 4. Construction and equipment supply 5. Technical commissioning and handover 6. Post completion 7. Operational commissioning 8. Post-project evaluation


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Stage 2 – Design


Stage 2 – Design Receive client Receive client Receive client Receive client Receive client briefing briefing briefing briefing briefing

Full brief Update and Collaborate in Collaborate in Collaborate in Collaborate in maintain detail updating detail updating detail updating detail updating detail programme for programme programme programme programme this stage, co-ordinate work ofother consultants and report to project manager

Establish design Contribute to Contribute to Contribute to co-ordination design design design policy and co-ordination co-ordination co-ordination maintain under policy policy policy review

Brief acceptance Obtain brief Provide brief Provide brief Provide brief Provide brief Brief acceptance certificate acceptance acceptance acceptance acceptance acceptance certificate: full

certificates from certificate certificate certificate certificate brief must not be other consultants changed after this

point without Complete brief clear justification acceptance and client certificate and approval forward to project manager with certificates from other consultants

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Stage 2 – Design


Compliance with Obtain Provide information Provide Provide Provide Compliance withEC procedures information from to assisit in information to information to information to all relevant ECand directives other consultants compliance with EC assist in assist in assist in directives and UK(where relevant) and advise project procedures and compliance with compliance with compliance with regulations

manager on directives EC procedures and EC procedures EC procedures andcompliance with (including UK directives and directives directivesEC procedures regulations) (including UK (including UK (including UKand directives regulations) regulations) regulations)(including UKregulations)

Health and Contribute to Contribute to Contribute to Contribute to Contribute tosafety plan and health and safety health and safety health and safety health and safety health and safetyhealth and plan and health plan and health plan and health plan and health plan and healthsafety file and safety file and safety file and safety file and safety file and safety file

Sketch design Co-ordinate the Develop design Define structural Develop design inwork of other layout accordance withconsultants in the co-ordinationdvevlopment of policythe design, meansof escape, Contribute to Update cost plan Assist in revision Contribute tocompartments, revision of cost plan of cost plan revision of cost planroom layouts andensure that fire Define means of Check design and Refine structural Compare areastrategy, zoning escape and prepare cost layout to zoning proposalsand energy targets compartments studies accommodate layouts andare complied with compartmentation preliminary sizingand that costs Update room and servicesaccord with the layouts and room zoningcost plan elevations

(ADB C-Sheets)

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Stage 2 – Design


Sketch design Co-ordinate Consult with local Check cost Consult with local Consult with local(contd) consultations with authority and other implications of authority and authority and

local authority and statutory local authority and other statutory other statutoryother statutory authorities, other statutory authorities and authorities andauthorities and produce fire authority provide input to provide input toensure that strategy and make requirements in fire strategy and fire strategy andapplications to application to relation to applications to applications toobtain final obtain final applications to obtain final obtain finalplanning approval planning approval. obtain final planning approval. planning approval.are made and Commence planning approval Commence Commencestatutory statutory and statutory statutory statutorysubmissions submissions submissions submissions submissionscommenced

Incorporate Update cost plan, Prepare design Refine major plantprovisional service cost checking and and co-ordinate areas and builder’sdistribution and advise results of with building work requirementszoning layouts cost studies elements

throughout design Design to energyDesign to energy development targets and reporttargets to lead consultant

on energy usage

With service With architect, co-engineer, co- ordinate plansordinate plans including userincluding user outlets (includingoutlets and all luminaires) and allterminals terminals and size(including of major elementsluminaires)

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Stage 2 – Design


Sketch design Prepare quality Prepare outline Also detail design (contd) statements specification for specific areas

Agree material Prepare material Contribute Contribute to Contribute to Design and construction and construction material and material and material and development specification specification construction construction construction frozen. Where

specification specification specification changes are made Co-ordinate and to production verify that Provide information Provide information, the statutory for finalising cost information for consultant making submissions are plan finalising cost the change has a made plans duty to inform

adequately other Co-ordinate With services Finalise cost plan Provide Room and members of the finalising of cost engineer, agree information for engineering design team. plan ceiling layouts, finalising cost plan distribution Project manager,

outlets and grilles layouts finalised. lead consultant and all major Agree ceiling and design team builder’s work layouts, outlets should endorse

and grilles and all the design at this major builder’s stage work

Certificate of Confirm that this Certificate of readiness to has been readiness to proceed to completed by proceed to detailed design client detailed design

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Stage 2 – Design


Equipment Obtain Contribute to Contribute to Contribute to Contribute to schedule information from preparation of preparation of preparation of preparation of

client and other equipment equipment equipment equipment consultants and schedule schedule schedule schedule prepare schedules for groups 2 and 3 equipment, report to project manager

Detail design Detail Prepare final detail Advise on cost Prepare detail Prepare detail co-ordination of design plans design design construction, structure and services design and room layouts

Co-ordinate Prepare final room Check cost of Provide Prepare information for layouts design against information for information for checking design cost plan and checking design checking design against cost plan. Provide information prepare against cost plan against cost plan Take action on for checking design reconciliation cost checking against cost plan Prepare builder’s reports where work details necessary and agree final room layouts

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Stage 2 – Design


Detail design Monitor and Prepare production Input to cost Input to cost Input to cost Progress of the (contd) co-ordinate drawings layouts check check check scheme should be

preparation of and sections monitored during production Advise on contract the production information, co- conditions relevant documentation ordinate work of to the engineering period to other consultants, work anticipate any maintain problems that may programme and Input to cost check Cost check and Prepare Finalise result in delay agree when the update cost plan production specification and production Prepare details, drawings schedule information is schedules and frozen specifications Prepare

production drawings Detailed design

frozen

Planning Co-ordinate Complete statutory Complete Complete permission statutory submissions to statutory statutory

submissions to obtain approvals submissions to submissions to obtain approvals obtain approvals obtain approvals

Tender Provide input to Prepare tender Prepare tender Provide tender Prepare tender documentation and monitor the documents documents documents documents

production of tender documents

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Stage 2 – Design


Pre-tender Co-ordinate Input to update of Input to update of Input to update of Input to update of estimate update of risk risk assessment and risk assessment risk assessment risk assessment

assessment and re-evaluation of and re-evaluation and re-evaluation re-evaluation of contingency Update estimate of contingency of contingency contingency allowance of contingency allowance allowance allowance; report allowance to project manager Prepare pre-tender Assist in

estimate, and preparation of update budget pre-tender cost estimate

Provide input to/update CIM Database records as required by client

Update estimate Input to review of of revenue costs revenue costs

Design & QS Obtain design and Provide design Provide pre- Provide design Provide design Design certificates/ certificates QS certificates certificates contract services certificate certificate QS certificates

from other and cost consultants; management forward to project certificate manager

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Stage 2 – Design


Certificate of Obtain certificates Provide certificate Provide certificate Provide certificate Provide certificate Certificate of readiness to of readiness to of readiness to of readiness to of readiness to of readiness to readiness to proceed to proceed to tender proceed to tender proceed to tender proceed to tender proceed to tender proceed to tender tender and forward to

project manager

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Stage 3 – Tender and contract


Stage 3 – Tender Receive client Receive client Receive client Receive client Receive client and contract briefing briefing briefing briefing briefing

Select tenderers Update and maintain detail programme for this stage, co-ordinate work of other consultants and report to project manager

Receive tender lists Comment on Comment on Comment on Comment on from project tender lists tender lists tender lists tender lists manager and co-ordinate comments

Invite tenders Co-ordinate the Invite building Assist with the Contribute to the Invite engineering invitation of tenders Invitation of invitation of tenders building and tenders tenders engineering tenders

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Receive and Co-ordinate Examine tenders Examine tenders Examine tenders Examine tenders examine tenders tender appraisal received and make received and make received and make received and make

and report to recommendations recommendations recommendations recommendationsproject manager

Provide input to/update CIM Database recordsas required by client

Contract Co-ordinate Assist in Assist in Assist in Assist in documents production of preparation of preparation of preparation of preparation of

contract contract contract contract contractdocuments documents documents documents documents

Establish Agree key dates for Agree key dates for Agree key dates Agree key dates for contract the contract the contract for the contract the contract programme

Post-tender Co-ordinate Input to date of Input to date of Input to date of Input to date ofestimate update of risk risk assessment and risk assessment risk assessment risk assessment

assessment and re-evaluation of and re-evaluation and re-evaluationre-evaluation of contingency Update estimate of contingency of contingencycontingency allowance of contingency allowance allowanceallowance; report allowanceto projectmanager Prepare post-

tender estimateand updatebudget cost

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Establish Confirm that Certificate ofapproved sum certificate of readiness to and obtain readiness to award award contract certificate of contract has been readiness to completed by award contract client

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Stage 4 – Construction and equipment supply


Stage 4 – Receive client Receive client Receive client Receive client Receive client Receive client Construction and briefing briefing briefing briefing briefing briefingequipment supply

Execution and Co-ordinate work Administer the Administer the Administer the Administer the Administer the control of works of other terms of the terms of the terms of the terms of the terms of the

consultants in contract relating contract relating contract relating contract relating contract relating carrying out post- to the execution to the execution to the execution to the execution to the execution contract and cost of the works of the works of the works of the works of the works management procedures and Input to post- Provide cost Input to post- Input to post-report to project contract cost management contract cost contract cost manager management service (including management management

procedures cost appraisal and procedures proceduresfinancial reporting and report to the lead consultant

Co-ordinate Carry out local Provide input to/ Carry out local Carry out local compliance with authority and complete CIM authority and authority and local authority and other statutory Database records other statutory other statutory other statutory authority as required by authority authorityauthority procedures client procedures proceduresprocedures

Health and Contribute to Contribute to Contribute to Contribute to Contribute to Contribute to safety file and health and safety health and safety health and safety health and safety health and safety health and safety health and file and health and file and health and file and health and file and health and file and health file and health and safety plan safety plan safety plan safety plan safety plan and safety plan safety plan

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Stage 5 – Technical commissioning and handover


Stage 5 – Receive client Receive client Receive client Receive client Receive client Receive client Technical briefing briefing briefing briefing briefing briefing commissioning and handover

Technical Co-ordinate Collaborate with Input to technical Input to technical Input to technical See Capital commissioning technical the project commissioning commissioning commissioning Investmentteam commissioning director/project team team team Manual:

team manager to ensure Commissioning of that a technical a healthcare commissioning facilityteam is established

Technical Collaborate in Prepare technical Collaborate in Collaborate in Collaborate in commissioning preparation of commissioning preparation of preparation of preparation of programme technical programme and technical technical technical

commissioning agree with project commissioning commissioning commissioningprogramme director/project programme programme programme

manager; commissioning programme to be co-ordinated with scheme programme

Inspection and Co-ordinate Input to inspection Input to inspection Input to inspection testing inspection and and testing and testing and testing

testing and report to project manager

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Record drawings Co-ordinate Ensure that the Prepare and Assist in the Prepare and and operational/ preparation of a client receives a produce a set of preparation of produce record maintenance set of record set of record record drawings record drawings drawings and manuals, health drawings and drawings and and project and provide operation and and safety files guidelines on the guidelines on the information guidance on the maintenance

operation and operation and manuals operation and manuals for the maintenance of maintenance of maintenance of engineeringthe building the building the structure of services (including services for services as well as the building ensuring the submission to the the health and contractorclient together safety file provides these with the health where he has and safety file input to the

design of the scheme)

Statutory Co-ordinate the Ensure that the Contribute to the certificates (fire necessary necessary steps necessary steps so etc) submissions to have been taken that the client will

enable the client to enable the be able to obtain to obtain fire and client to obtain fire and other other statutory fire and other statutorycompliance statutory compliancecertificates prior to compliance certificates prior to occupation certificates prior to occupation

occupation

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Certificate of Co-ordinate Issue certificate of Assist in the Assist in the Assist in the issue Assist in the issue Certificatepractical preparation of practical preparation and preparation of of certificate of of certificate of of practicalcompletion certificate of completion issue of the certificate of practical practical completion

practical certificate of practical completion completioncompletion practical completion

completion

Construction Obtain Provide Provide Provide Constructioncertificates construction construction construction construction certificates

certificates from certificate and certificate and certificate and other consultants forward to forward to forward to and forward to contract contract contractproject manager administrator administrator administrator

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Stage 6 – Post-completion


Stage 6 – Post- Receive client Receive client Receive client Receive client Receive client completion briefing briefing briefing briefing briefing

Final Co-ordinate Administer the Prepare or assist in Prepare final Prepare or assist in Prepare or assist in account preparation and terms of the the preparation of account the preparation of the preparation of

agreement of final contract relating the final account the final account the final account account to the agreement for the whole of for the structural for the services

of the final the works engineering work engineering work account for the whole of the works

Issue final certificate and final payment to contractor

Obtain post- Provide post-contract services contract services and cost and cost management managementcertificate from certificate and quantity surveyor forward to and forward to contractproject manager administrator

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Stage 7 – Operational commissioning

Stage 8 – Receive client Receive client Receive client Receive client Receive client Receive client Post-project briefing briefing briefing briefing briefing briefingevaluation

Post-project Co-ordinate and Assist with Assist with Assist with Assist with See: Capital evaluation prepare report on evaluation of evaluation of evaluation of evaluation of Investment

post-project project against project against project against project against Manual: Post-evaluation criteria established criteria established criteria established criteria established Project

at stage 1 at stage 1 at stage 1 at stage 1 Evaluation

Provide estimate Assist with of capital and estimates of revenue costs capital and

revenue costs

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Plan of work

Section C

Design and build contract strategy

Work stage: 2. Design 3. Tender and contract 4. Construction and equipment supply 5. Technical commissioning and handover 6. Post-completion 7. Operational commissioning 8. Post-project evaluation


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Stage 2 – Design


Stage 2 – Design Receive client Receive client Receive client Receive client Receive client briefing briefing briefing briefing briefing

Full brief Update and Collaborate in Collaborate in Collaborate in Collaborate in maintain detail updating detail updating detail updating detail updating detail programme for programme programme programme programme this stage, co-ordinate work ofother consultants and report to project manager

Establish design Contribute to Contribute to Contribute to co-ordination design design design policy and co-ordination co-ordination co-ordination maintain under policy policy policy review

Brief acceptance Obtain brief Provide brief Provide brief Provide brief Provide brief Brief acceptance certificate acceptance acceptance acceptance acceptance acceptance certificate: full

certificates from certificate certificate certificate certificate brief must not be other consultants changed after this

point without Complete brief clear justification acceptance and client certificate and approval forward to project manager with certificates from other consultants

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Stage 2 – Design


Compliance with Obtain Provide information Provide Provide Provide Compliance withEC procedures information from to assisit in information to information to information to all relevant ECand directives other consultants compliance with EC assist in assist in assist in directives and UK(where relevant) and advise project procedures and compliance with compliance with compliance with regulations

manager on directives EC procedures and EC procedures EC procedures andcompliance with (including UK directives and directives directivesEC procedures regulations) (including UK (including UK (including UKand directives regulations) regulations) regulations)(including UKregulations)

Sketch design Co-ordinate the Develop design Update cost plan Define structural Develop design inwork of other layout accordance with

(this stage will consultants in the co-ordinationnormally only be devlopment of policyrequired if a the design, meansdevelop and of escape, Contribute to Check design and Assist in revision Contribute toconstruct compartments, revision of cost plan prepare cost of cost plan revision of cost planstrategy is used room layouts and studiesand duties ensure that fire Define means of Refine structural Compare areashould be strategy, zoning escape and layout to zoning proposalsadded/deleted and energy targets compartments accommodate layouts andas required) are complied with compartmentation preliminary sizing

and that costs Update room and servicesaccord with the layouts and room zoningcost plan elevations

(ADB C-Sheets)

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Stage 2 – Design


Sketch design Co-ordinate Consult with local Check cost Consult with local Consult with local(contd) consultations with authority and implications of authority and authority and

local authority and other statutory local authority and other statutory other statutoryother statutory authorities, other statutory authorities and authorities andauthorities and produce fire authority provide input to provide input toensure that strategy and make requirements in fire strategy and fire strategy andapplications to application to relation to applications to applications toobtain final obtain final applications to obtain final obtain finalplanning approval planning approval. obtain final planning approval.planning approval.are made and Commence planning approval Commence Commencestatutory statutory and statutory statutory statutorysubmissions submissions submissions submissions submissionscommenced

Incorporate Update cost plan, Preparee design Refine major plantprovisional service cost checking and and co-ordinate areas and builder’sdistribution and advise results of with building work requirementszoning layouts cost studies elements

throughout design Design to energyDesign to energy development targets and reporttargets to lead consultant

on energy usageand revenue costs

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Stage 2 – Design


Sketch design With service(contd) engineer co-

ordinate plans With architect,including user co-ordinate plansoutlets and all including userterminals (including outlets (includingluminaires) luminaires) and all

terminals and sizePrepare quality Prepare outline of major elementsstatements specification

Also detail design Designfor specific areas development

frozen. WhereAgree material Prepare material Contribute to Contribute to Contribute to changes are madeand construction and construction material and material and material and to productionspecification specification construction construction construction information, the

specification specification specification consultant makingthe change has a

Co-ordinate and Provide information Provide information duty to informverify that for finalising cost for finalising cost adequately otherstatutory plan plans members of thesubmissions are design team.made Project manager,

lead consultantCo-ordinate With services Finalise cost plan Provide Room and and design teamfinalising cost engineer, agree information for engineering should endorseplan ceiling layouts, finalising distribution layouts the design at this

outlets and grilles cost plan finalised. Agree stageand all major ceiling layouts,builder’s work outlets and grilles

and all majorbuilder’s work

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Stage 2 – Design


Certificates of Confirm that this Certificate ofreadiness to has been readiness toproceed to completed by proceed topreparation of NHS body preparation ofemployer’s employer’srequirements requirements

Equipment Obtain Contribute to Contribute to Contribute to Contribute toschedule information from preparation of preparation of preparation of preparation of

client and other equipment equipment equipment equipmentconsultants and schedule schedule schedule scheduleprepare schedulesfor groups 2 and 3equipment; reportto projectmanager

Employer’s Co-ordinate Prepare employer’s Advise on cost Prepare employer’s Prepare employer’srequirements preparation of requirements requirements requirements

employer’srequirement for Prepare final room Prepare employer’sconstruction, layouts requirementsstructure andservices and roomlayouts

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Stage 2 – Design


Employer’s Co-ordinate Provide information Check cost of Provide Provide requirements information for for checking employer’s information for information for(contd) checking employer’s requirements checking checking

employer’s requirements against cost plan employer’s employer’srequirements against cost plan and prepare requirements requirementsagainst cost plan. reconciliation against cost plan against cost plan Take action on cost checking reports where necessary

Monitor and co-ordinate preparation of Input to cost Input to cost Input to cost Input to cost employer’s check check check checkrequirements, co-ordinate work of Advise on contract other consultants, conditions relevant maintain to the engineering programme and workagree when the Cost check and employer’s update cost plan requirements are frozen

Finalise employer’s Finalise employer’s Finalise employer’s Finalise employer’s requirements requirements requirements requirements

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Stage 2 – Design


Planning Co-ordinate Complete Complete Complete permission statutory statutory statutory statutory

submissions to submissions to submissions to submissions to obtain approvals obtain approvals obtain approvals obtain approvals

Tender Provide input to Prepare tender Prepare tender Prepare tender Prepare tender documentation and monitor the documents documents documents documents

production of tender documents

Pre-tender Co-ordinate Input to update of Input to update of Input to update of Input to update of estimate update of risk risk assessment and risk assessment risk assessment risk assessment

assessment and re-evaluation of and re-evaluation and contingencycontingency contingency of contingency allowance allowance; report allowance allowanceto project manager

Update estimate of contingency allowance

Prepare pre-tender Assist in estimate, and preparation of update budget pre-tendercost estimate

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Stage 2 – Design


Pre-tender Provide input estimate (contd) to/update CIM

Database records as required by client

Update estimate Input to review of of revenue costs revenue costs

Design & QS Obtain design and Provide design Provide pre- Provide design Provide design Design certificates/ certificates QS certificates certificate contract and cost certificate certificate QS certificates

from other managementconsultants, certificateforward to project manager

Certificates of Obtain certificate Provide certificate Provide certificate Provide certificate Provide certificate Certificates ofreadiness to of readiness to of readiness to of readiness to of readiness to of readiness to readiness toproceed to proceed to tender proceed to tender proceed to tender proceed to tender proceed to tender proceed to tender tender and forward to

project manager

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Stage 3 – Tender Receive client Receive client Receive client Receive client Receive client and contract briefing briefing briefing briefing briefing

Select tenderer Update and maintain detail programme for this stage, co-ordinate work of other consultants and report to project manager

Receive tender lists Comment on Comment on Comment on Comment on from project tender lists tender lists tender lists tender lists manager and co-ordinate comments

Invite tenders Invite tenders Assist in the Assist in the Assist in the Assist in the invitation of invitation of invitation of invitation of tenders tenders tenders tenders

Receive and Co-ordinate Examine tenders Examine tenders Examine tenders Examine tenders examine tenders tender appraisal received (including received (including received (including received (including

(evaluation of evaluation of evaluation of evaluation of evaluation of contractor’s contractor’s contractor’s contractor’s contractor’sproposals and proposals) and proposals and proposals) and proposals) and contract sum make contract sum make makeanalysis) and recommendations analysis) and make recommendations recommendationsreport to project recommendationsmanager

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Receive and Provide input examine tenders to/update CIM (contd) Database records

as required by client

Contract Co-ordinate Assist with Assist with Assist with Assist with documents production of preparation of preparation of preparation of preparation of

contract contract contract contract contractdocuments documents documents documents documents

Establish Establish Agree key dates Agree key dates Agree key dates Agree key dates contract contract for the contract for the contract for the contract for the contract programme programme

Post-tender Co-ordinate Input to update of Input to update of Input to update of Input to update of estimate update of risk risk assessment risk assessment risk assessment risk assessment

assessment and re-evaluation and re-evaluation and re-evaluation contingency of contingency Update estimate of contingency of contingency allowance, report allowance of contingency allowance allowanceto project allowancemanager

Prepare post-tender estimate and update budget cost

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Establish Obtain copy of Certificate of approved sum certificate of readiness to and obtain readiness to award contract certificate of award contract readiness to from projectaward contract manager

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Execution and Confirm condition Audit contractor’s Provide input to Audit contractor’s Audit contractor’s control of works of site with further proposals CIM database further proposals further proposals

contractor for compliance records as required for compliance for compliance with contract by client with contract with contract documents documents documents

Inspect works Assist employer’s Assist employer’s Assist employer’s during agent to inspect agent to inspect agent to inspect construction for works during works during works during compliance with construction for construction for construction for contract compliance with compliance with compliance with documents contract contract contract

documents documents documents

Receive drawings, calculations, etc. from contractor and audit for compliance with contract documents

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Execution and Administer the Advise on change Advise on the Advise on change Advise on change control of works terms of the instructions financial instructions instructions(contd) contract as implications of

employer’s agent changeinstructions

Maintain cost management Input to post-procedures contract cost

management procedures

Health and Contribute to Contribute to Contribute to Contribute to Contribute to safety file and health and safety health and safety health and safety health and safety health and safety health and file and health file and health file and health file and health file and health safety plan and safety plan and safety plan and safety plan and safety plan and safety plan

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Stage 5 – Receive client Receive client Receive client Receive client Technical briefing briefing briefing briefingcommissioning and handover

Technical Collaborate with Input to technical Input to technical Input to technical See: Capital commissioning the project commissioning commissioning commissioning Investmentteam director/project team team team Manual –

manager to Commissioning a ensure that a healthcare facility technical commissioning team is established

Technical Prepare technical Collaborate in Collaborate in Collaborate in commissioning commissioning preparation of preparation of preparation of programme programme and technical technical technical

agree with project commissioning commissioning commissioning director/project programme programme programme manager; commissioning programme to be co-ordinated with scheme programme

Inspection and Ensure that all Input to inspection Input to inspection Input to inspection testing inspections and and testing and testing and testing

tests are completed and results reached

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Record drawings Ensure that client Assist employer’s Assist employer’s Assist employer’s and operational/ is provided with a agent to check agent to check agent to check maintenance set of record record drawings record drawings record drawings manuals and drawings and and project and guidance on and operation and health and guidelines on the information the operation and maintenance safety file operation and manuals provided maintenance of manuals for the

maintenance of to the client by the structure of engineering the building the contractor the building services provided services and provided to the to the client by health and client by the the contractor safety file contractor

Check record drawings for compliance with contract documents

Statutory Ensure that the Advise employer’s certificates necessary steps agent on the steps (fire etc) have been taken required to enable

so that the client the client to obtain will be able to fire and other obtain fire and statutory other statutory compliance compliance certificates prior certificates prior to occupation to occupation

Certificate of Co-ordinate issue Assist in the issue Assist in the issue Assist in the issue Assist in the issue Certificate ofpractical of certificate of of certificate of of certificate of of certificate of of certificate of practicalcompletion practical practical practical practical practical completion

completion completion completion completion completion

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Construction Obtain Construction certificates construction certificates

certificate from contractor and forward to project manager

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Stage 6 – Post- Receive client Receive client Receive client Receive client Receive client See: Capital completion briefing briefing briefing briefing briefing Investment

Manual – Post-projectevaluation

Final statement Administer the Assist in the Assist in the Assist in the Assist in the of account terms of the evaluation of the evaluation of the evaluation of the evaluation of the

contract relating contractor’s final contractor’s final contractor’s final contractor’s final to the agreemen account and statement of account and final account and final of the final final statement account statement for the statement for the statement of structural services account for the engineering work engineering work whole of the works. Issue final certification of payment to contractor

Obtain post- Provide post-contract services contract services and cost and cost management management certificate from certificate and quantity surveyor forward to lead and forward to consultant project manager

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Stage 7 – Operational commissioning and Stage 8 – Post-project evaluation


Stage 7 – Operational commissioning

Stage 8 – Receive client Receive client Receive client Receive client Receive client Post-project briefing briefing briefing briefing briefing evaluation

Post-project Assist with Assist with Assist with Assist with Assist with See: Capitalevaluation evaluation of evaluation of evaluation of evaluation of evaluation of Investment

project against project against project against project against project against Manual – Post-criteria established criteria established criteria established criteria established criteria established project evaluationat stage 1 at stage 1 at stage 1 at stage 1 at stage 1

Provide estimate Assist with of capital and estimates of revenue costs capital and

revenue costs

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Schedule 2 of the memorandum of agreement

This schedule lists those engineering services and associated equipment inrelation to which the services engineer is required to perform the duties listedin schedule 1 of the memorandum of agreement and Volume 2 (thesupplementary annexure) and Volume 3 Duties under the Construction (Designand Management) Regulations 1994.

Items not required in the consulting engineer’s appointment are to be deleted.Special items covered by the appointment are to be inserted. Items to bedesigned by others but co-ordinated under this appointment are to be prefixedby “X”.

Acoustical design and treatment of the works Air compressors and compressed air services Air-conditioning and mechanical ventilation systems Automatic blinds and shutters Bedpan washing and disposal equipment Boiler plants and auxiliaries Calorifier plants Central dictation systems

Central vacuum cleaning installations Clock installations Cold water services Combined heat and power installations Conveyor installations and equipment Cooling water systems Distribution mains for any services Drainage and sewage treatment outside the building Drainage systems within the building

Electrical distribution systems Electrical lighting and power installations, including lighting fittings Electric sub-stations Energy conservation and thermal insulation Energy management system Exhaust gas treatment and flues Fire detection and alarm systems Fire protection systems Floodlighting systems Food preparation, cooking, conveying and serving equipment

Fuel gas incoming supply and distribution Generating plant installations Heating installations Hot water services Incoming electrical supplies Incineration plant Information technology systems Intruder detection and alarm systems Laundry equipment and services

Lightning protection systems Lifts, hoists and escalators Medical equipment – pre-installation works Medical gas services Medical vacuum systems


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Pneumatic tube conveying systems Power operated louvres Public address personnel-location and call systems Public health and plumbing services

Radio and television installations Refrigeration installation and cold stores Refuse collection and/or disposal systems including incinerators Security access and control systems Sound attenuation of services and associated equipment Steam services and condensate-return systems Sterilizing and bedpan washing or disposal equipment

Street lighting Telephone equipment and distribution systems Vibration control of services and associated equipment Water treatment and filtration Window cleaning and other external access equipment

Other specialised supply systems and/or plant services:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________


97

DATE: __________________

A. AS WITNESS the hands of the parties the day and year first above written

Signed: ________________________________________________________(Client)

Witness to the signature of the client: ____________________________

Name: _______________________________________________________

Address: _____________________________________________________

_____________________________________________________________

_____________________________________________________________

Description

_____________________________________________________________

Signed: _____________________________________________________________(Consultant)

Witness to the signature of the consultant: ________________________

Name: _______________________________________________________

Address: _____________________________________________________

_____________________________________________________________

_____________________________________________________________

Description:

_____________________________________________________________

*OR

B. EXECUTED AS A DEED by the client hereinbefore mentioned namely _________________________________

___________________________________________________ (NHS body)

by affixing its common seal in the presence of:

(Authorised official): _________________________________________

* EXECUTED AS A DEED by the consultant hereinbefore mentionednamely _______________________________________________________whose signature is here subscribed

__________________________________________________ (Consultant)

in the presence of (witness)

Name: _______________________________________________________

Address: _____________________________________________________

_____________________________________________________________

_____________________________________________________________

Description:

_____________________________________________________________


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For execution as a deed by anindividual or partner

*ii EXECUTED AS A DEED by the consultant hereinbefore mentioned namely ______________________.(Consultant)

by affixing its common seal in the presence of:

__________________________________________ (Authorised signatory)

*iii EXECUTED AS A DEED by the consultant hereinbefore mentioned namely ______________________ (Consultant)

acting by a director and its secretary*/two directors* whose signaturesare here subscribed:

Namely: ______________________________________________________

Signature: ____________________________________________ (Director)

and _________________________________________ (Secretary/Director)

Signature: ____________________________________________________

*Delete as appropriate

NOTE 1: Use either A (under hand) or B (as a deed); delete alternativenot used. If no deletion is made A will apply.

NOTE 2: PARTNERSHIP. If the consultant’s practice is a partnership,the agreement must be executed by a partner dulyauthorised to sign on behalf of the partnership.

NOTE 3: COMPANY – WITH SEAL If the consultant’s practice is constituted as a company andit is affixing its common seal to the agreement, it must besigned by the officer(s) of the company who is/areauthorised to witness the sealing.

NOTE 4: If the consultant’s practice is constituted as a companyregistered under the Companies Act and it is not using acommon seal, the agreement must be signed either by adirector and the company secretary, or two directors.


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For execution as a deed if theconsultant is a company using itscommon seal

For execution as a deed if theconsultant is a company registeredunder the Companies Act and it is notusing a common seal

Documents

Agreement for the Appointment of Architects, Surveyors and