Common use of THE WORKS Clause in Contracts

THE WORKS. Obligation to Carry Out The Contractor shall or shall procure that the Building Contractor (and its sub-contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction, completion, commissioning and testing of the Works so that: each School shall achieve ICT Handover on or before the Planned ICT Handover Date and (without prejudice to clause 11.11) Services Availability on or before the Planned Services Availability Date for that School provided that a breach of this clause 10.1.1 shall not, of itself, be capable of giving rise to a Contractor Default under either of limbs (a) or (b) of that definition; [the Post Completion Works Acceptance Requirements are satisfied at each Site on or before the relevant Planned Post Completion Works Acceptance Date, provided that a breach of this clause 10.1.2 or clause 20.4 (Post Completion Works/Site Clearance) shall not, of itself, be capable of giving rise to a Contractor Default under either of limbs (a) or (b) of that definition;] the Works fully comply with and meet all the requirements of this Agreement, the Facilities Output Specification, the Construction Proposals, Good Industry Practice, Guidance, all Necessary Consents, all applicable Authorities’ Policies93 and Legislation. new materials only will be used in carrying out the Works (unless the Authority agrees otherwise in writing or the contrary is set out in the Facilities Output Specification)94 and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed in Schedule 9 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union Standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used; all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised; all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this Agreement and having regard to the activities which are carried on at the Sites and to the age of the Pupils occupying the Sites; the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as practicable having regard to the nature of the Works; adequate retaining and supporting walls are provided to support any Adjoining Property and, where appropriate, the buildings at the Existing Schools during the carrying out of the Works; and the Works are carried out in compliance with the Equality Requirements. Overall Responsibility The obligations in clause 10.1 (Obligation to Carry Out) are independent obligations. In particular: the fact that the Contractor has complied with the Facilities Output Specification but not the Construction Proposals shall not be a defence to an allegation that the Contractor has not satisfied the Construction Proposals provided that the Facilities Output Specification shall take priority over the Construction Proposals in the event of any discrepancy or inconsistency between them; and the fact that the Contractor has complied with the Construction Proposals but not the Facilities Output Specification shall not be a defence to an allegation that the Contractor has not satisfied the Facilities Output Specification.

THE WORKS. Obligation to Carry Out The Contractor shall or commence the Works on the Agreement Date and, subject to the provisions of clause 21.1.6, complete Phase 1 by the Anticipated Date of Phase 1 Practical Completion, complete each Phase 2 Stage by the Anticipated Date of Phase 2 Stage Practical Completion and complete all remaining Works by the Anticipated Date of Practical Completion. The Contractor shall procure that the Building Works are executed with diligence and carried out in accordance with all applicable Law and:- Good Engineering Practice; the Planning Permission, including but not limited to the dispersal conditions in relation to all by-products generated by the System; the Authority Requirements and the Contractor’s Proposals; the Programme (as may be amended from time to time as agreed by the Authority and the Contractor); using standards, practices, methods and procedures conforming to the Law and exercising that degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a qualified, skilled and experienced person engaged in building plant and buildings of the same or similar type under the same or similar circumstances; all applicable Authority Policies, relevant codes of practice, British Standard specifications and the CDM Regulations; any relevant terms and/or conditions contained within the HCA Funding Agreement; with due regard to the timetable of works of any Authority Related Party such that the Contractor (is required to co-operate and its sub-contractors work alongside all Authority Related Parties in accordance with the requirements of clause 16.15 of this Agreement; and all applicable health and safety legislation in force and all health and safety policies of the Authority. Save in respect of the Planning Permission, the Contractor shall obtain all required consents whether statutory, planning, environmental or otherwise as may be necessary in order for the Works to proceed legally. The Contractor shall be responsible for decommissioning and removing any plant or equipment in the Boiler House which is required to be decommissioned and/or consultants) shall removed in order to allow it to carry out the design Works. The Contractor shall consult with the Authority prior to and during such decommissioning and removal in order to minimise any disruption to any part of the Premises. The Contractor shall use reasonable endeavours to sell any such plant as operational plant and pass the proceeds of any such sale to the Authority (less the Contractor’s reasonable costs of sale). The condition of the Facilities shall be the sole responsibility of the Contractor and it shall be deemed to have satisfied itself as to the Site Conditions, ground and sub-soil, the form and nature of the Premises, the risk of injury or damage to property affecting the Premises, the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, work and materials necessary for the execution of the Works on the Premises. For the avoidance of doubt, the Contractor will be deemed to have given full consideration to all Disclosed Data in the context of providing the Authority with its cost for the Works and there shall be no liability on the part of the Authority for any change to such costs. The Contractor shall co-operate and work alongside all Authority Related Parties as reasonably required in order to ensure that all Works undertaken at the Premises by the Contractor or a Contractor Related Party are carried out in a manner and in accordance with a timetable so as to minimise interference and disruption to Authority Related Parties. Any disruption to the Works or dispute between the Contractor and an Authority Related Party in relation to the Works shall be reported immediately to the Authority Representative and resolved in conjunction with the Project Manager. The Works (including the preparation delivery of Design Dataequipment and/or materials) shall be carried out between the hours of 0800 and 1800 on Monday to Friday and 0800 to 1300 on Saturdays except in the construction, completion, commissioning and testing case of an emergency or with the prior approval of the Authority (such approval not to be unreasonably withheld or delayed). No Works (including the delivery of equipment and/or materials) shall be carried out on the Premises on Sundays or public holidays without the prior approval of the Authority (such approval not to be unreasonably withheld or delayed). The Contractor shall throughout the duration of the Works so that: each School keep the Authority informed of the progress of the Works. The Authority shall achieve ICT Handover on or before have the Planned ICT Handover right at any time upon reasonable prior notice to inspect the Works. Subject to the Authority giving the Contractor reasonable notice, the Authority shall have the right at any time prior to the Actual Date of Practical Completion to request the Contractor to open up and (without prejudice to clause 11.11) Services Availability on or before inspect any part of the Planned Services Availability Date for that School provided that a breach Works where the Authority reasonably believes such Works are not in accordance with the requirements of this clause 10.1.1 Agreement and the Contractor shall notcomply with such request. If any interruption to the Transitional Heating Service is required as a result of carrying out the Works, the Contractor shall arrange the timing of itselfany such interruption by prior agreement with the Authority in order to minimise the impact of such interruption to the provision of the Heating Services. Other than as agreed by the parties as at the date of this Agreement, the Contractor may not sub-contract the whole or any part of the Works without the prior written consent of the Authority (which shall not be capable unreasonably withheld or delayed). When in his opinion the Works have been completed in accordance with this Agreement, the Project Manager shall prepare and issue to the Authority a Certificate of giving rise Phase Completion or a Certificate of Practical Completion (as the case may be) to a Contractor Default under either that effect stating the date upon which in his opinion the Phase 1 Completion Date, Phase 2 Stage Completion Date or Actual Date of limbs Practical Completion (aas the case may be) occurred. The Certificate of Phase Completion or Certificate of Practical Completion (bas the case may be) issued to the Authority shall be signed by the Project Manager and if the Certificate of that definition; [Phase Completion or the Post Certificate of Practical Completion Works Acceptance Requirements are satisfied at each Site on or before is agreed by the Authority Representative, it shall be counter signed by the Authority Representative accordingly and the relevant Planned Post Completion Works Acceptance Date, provided will be deemed to be complete. In the event that a breach of this clause 10.1.2 or clause 20.4 (Post Completion Works/Site Clearance) shall not, of itself, be capable of giving rise to a Contractor Default under either of limbs (a) or (b) of the Authority Representative does not agree that definition;] the relevant Works fully comply have been satisfactorily completed in accordance with and meet all the requirements of this Agreement, the Facilities Output Specificationprovisions of clause 22 shall apply. As soon as practicable after the issue of each Certificate of Phase Completion, the Construction Proposals, Good Industry Practice, Guidance, all Necessary Consents, all applicable Authorities’ Policies93 and Legislation. new materials only will be used in carrying out the Works (unless Contractor shall provide to the Authority agrees otherwise in writing or the contrary is set out in the Facilities Output Specification)94 and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed in Schedule 9 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union Standards or codes of practice which at the time of use are widely known to building contractors or members a copy of the relevant design profession within the European Union to be deleterious to health or safety or as-built specification, together with all drawings and manuals relating to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used; all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised; all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this Agreement and having regard to the activities which are carried on at the Sites and to the age of the Pupils occupying the Sites; the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as practicable having regard to the nature of the Works; adequate retaining and supporting walls are provided to support any Adjoining Property and, where appropriate, the buildings at the Existing Schools during the carrying out of the Works; and the Works are carried out in compliance with the Equality Requirements. Overall Responsibility The obligations in clause 10.1 (Obligation to Carry Out) are independent obligations. In particular: the fact that the Contractor has complied with the Facilities Output Specification but not the Construction Proposals shall not be a defence to an allegation that the Contractor has not satisfied the Construction Proposals provided that the Facilities Output Specification shall take priority over the Construction Proposals in the event of any discrepancy or inconsistency between them; and the fact that the Contractor has complied with the Construction Proposals but not the Facilities Output Specification shall not be a defence to an allegation that the Contractor has not satisfied the Facilities Output Specification.