Capital Works Management Framework Guidance Note Public Works Contracts gn 5



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Capital Works Management Framework
Guidance Note

Public Works Contracts

GN 1.5








Public Works Contracts Guidance Notes

Document Reference GN 1.5 V.1.4
1 May 2013
© 2013 Department of Public Expenditure & Reform

Published by: Department of Public Expenditure & Reform

Government Buildings
Upper Merrion Street
Dublin 2.

This document is not to be taken as a legal interpretation of the provisions governing public procurement. All parties must rely exclusively on their own skills and judgement or upon those of their advisors when making use of this document. The Government Construction Contracts Committee (GCCC), the National Public Procurement Policy Unit (NPPPU) and the Department of Public Expenditure & Reform and any other contributor to this guidance note do not assume any liability to anyone for any loss or damage caused by any error or omission, whether such error or omission is the result of negligence or any other cause. Any and all such liability is disclaimed.




Contents

Capital Works Management Framework
Guidance Note

Public Works Contracts

GN 1.5 1

Foreword 6

Chapter 1: Introducing the Contract 7

Overview 7

1.1 Key Elements of the Contract 8

Overview 8

1.1.2. Key Contract Dates 28

1.1.2. Key Contract Dates, Continued 29

1.2 Contract Types 30

Overview 30

1.2.1 Employer-Designed (Traditional) Projects 32

1.2.2 Contractor-Designed (Design-and-Build) Contracts 35

1.2.2 Contractor-Designed (Design-and-Build) Contracts, Continued 36

1.2.3 Investigation Forms of Contract 37

1.2.4 Public Works Contracts and Heritage Strategy 38

1.2.5 Framework Agreement 42

1.3 Legal Issues Relating to the Contract 48

Overview 48

1.3.1 Main Points of Law 49

1.3.2 Indemnities 51

1.3.3 Executing the Contract / Executing the Contract as a Deed 52

1.3.4 VAT and the Contract 58

Chapter 2: Managing the Pre-Contract Phase
60

Introduction 60

2.1 Suitability Assessment and Procurement of Specialists 62

Overview 62

2.1.1 Suitability Assessment of Contractors 63

2.1.2 Procurement of Specialists 64

2.1.3 The Employer and Specialist Subcontracts 76

Overview 77

2.2.1 General Requirements 78

2.2.2 Archaeology and Special Interest Areas 79

2.2.3 Site Investigation 80

2.2.4 Ground Conditions 81

2.2.5 Utilities 82

2.3 Bonds and Guarantees 83

Overview 83

2.3.1 Bid Bond 84

2.3.2 Parent Company Guarantee 85

2.3.3 Performance Bond 86

2.3.4 Retention 89

2.3.5 Regulations and Model Forms 90

2.4 Insurance Provisions 91

Overview 91

2.4.1 Insurance Requirements 92

2.4.1 Insurance Requirements, Continued 93

2.4.1 Insurance Requirements, Continued 94

2.4.3 Insurance Details 99

2.5 Risk Management 102

Overview 102

2.5.1 Delay and Compensation Events 103

2.5.2 Weather Events in Public Works Contracts 106

2.5.2 Weather Events in Public Works Contracts, Continued 107

2.5.3 Price Variation 112

2.5.3 Price Variation, Continued 113

2.5.3 Price Variation, Continued 114

2.6 Preparing to Invite Tenders 119

Overview 119

2.6.1 Compiling the Works Requirements 120

2.6.2 Completing the Schedule 124

2.6.2 Completing the Schedule, Continued 125

2.7 Evaluating Tender Submissions 138

Overview 138

2.7.1 Comparing Tender Costs 139

2.7.2 Adjusting Details within Tender Pricing 142

2.7.3 Adjusting for VAT Errors 144

2.7.4 Evaluating Insurance Options 148

2.7.5 Tender Evaluation Example 149

2.7.6 Letters of Intent and Acceptance 152

Chapter 3: Administering the Contract 153

Overview 153

3.1 Preliminary and Routine Considerations 154

Overview 154

3.1.1 Starting a Project 155

3.1.2 Communications and Meetings 156

3.1.3 Maintaining Confidentiality and Secrecy 159

3.1.4 Value Management 160

3.2 Responsibilities in Relation to the Contract 161

Overview 161

3.2.1 The Employer’s Responsibilities 162

3.2.2 The ER’s Responsibilities 163

3.2.3 The Contractor’s Responsibilities 166

3.2.4 The Project Supervisor’s Responsibilities 174

3.2.4 The Project Supervisor’s Responsibilities 174

3.3 Managing the Works in Progress 176

Overview 176

3.3.1 Project Documentation 177

3.3.2 Site Management 179

3.3.3 Quality Assurance in Progress 182

3.3.4 Interim Payments 184

3.3.5 Actions on Substantial Completion of the Works 188

3.3.6 Resolving Disputes 190

3.3.7 Suspension of Works 193

3.3.8 Termination of Contract 194

3.3.8 Termination of Contract, Continued 195

3.4 Managing Risk in Progress 199

Overview 199

3.4.1 Responsibility for Loss and Damage 201

3.4.2 Delay and Compensation Events during the Project 203

3.4.2 Delay and Compensation Events during the Project, Continued 204

3.4.2 Delay and Compensation Events during the Project, Continued 205

3.4.3 Managing Contract Insurance 213

3.5 Calculating Price Variation (PW-CF1 to PW-CF5) 215

Overview 215

3.5.1 PV1: Proven Cost Method 217

3.5.2 PV2: Formula Fluctuations Method 221

Appendices 236

Overview 236

Appendix A: Comparison of Minor Works Contracts and Traditional Contracts 237

Comparison Table 237

Appendix B: Pre-Tender Checklists 239

B1: Invitation to Tender Checklist – Employer’s Choices 239

B2: Consents and Licences Checklists 240

B3: Invitation to Tender Checklists 243

B4: Tender Evaluation Checklist 244

244


Appendix C: Price Variation Calculation under PV2 (Formula Fluctuations Method): Worked Examples
(PW-CF1 to PW-CF 4) 245

C1: Worked Examples – Overview 245

C2: Example – Hyperinflation in the price of materials within the fixed-price period 248

C3: Example – Hyperinflation in the price of fuel within the fixed-price period 249

C4: Example – Increase in the price of materials after the fixed-price period 250

C5: Example – Increase in the price of fuel after the fixed-price period 252

C6: Example – Increase in the cost of non-reusable temporary works after the fixed-price period 253

C7: Example – Increase in labour costs after the fixed-price period 254

Appendix D: Department of Finance Guidelines on Methods of Measurement 255

D1: Introduction 255

D2: Amendments required when using CESMM3 256

D3: ARM4 and Supplement 1 263

D3: ARM4 and Supplement 1, Continued 264


Foreword




Purpose of this document

This document is one of a number of guidance notes aimed at facilitating the implementation of the measures in the Capital Works Management Framework (CWMF) introduced to achieve better value for money on publicly funded works projects.

The purpose of this document is restricted to giving practical advice to Employers to help them administer the construction phase of a project in accordance with the provisions in the new public works contracts. Is also intended as a strategic resource for the wider public sector.

This document only applies to the nine standard forms of contract (PW-CF1 – PW-CF9) that are developed for public works projects, the Public Works Contract for Early Collaboration (PW-CF10) and the Public Works Term Maintenance and Refurbishment Contract (PW-CF11) are intended for particular circumstances and guidance on these contracts is published separately.

Updates to this Guidance Note

The Government Construction Contracts Committee (GCCC) will review the operation of the forms of contract periodically in the light of experience. Changes to contracts, practice and guidelines will be incorporated in an updated version of this document and published at regular intervals.


Audience

This document is intended primarily for the guidance of Sponsoring Agencies embarking on capital works projects. However, the role of the Sanctioning Authorities and any external consultants appointed in relation to the capital works projects is also considered.


Terminology in this guidance note

The title Sponsoring Agency changes to Contracting Authority once a contract for technical services for a works project is awarded. And Contracting Authority changes to Employer when a Works Contract is signed. The term Client is used throughout this guidance note as a generic term to cover the Sponsoring Agency / Contracting Authority / Employer.

Terms used in this Guidance Note are as defined in the following clauses of the Contracts:



  • Clause 1.1 Definitions; and

  • Appendix 1 to Clause PV2.



Capital Works Management Framework

The Capital Works Management Framework (CWMF) is a structure that has been developed to deliver the Government’s objectives in relation to public sector construction procurement reform. It consists of a suite of best practice guidance, standard contracts and generic template documents. For more information on the CWMF refer to Guidance Note GN 1.0







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