Employers Schedule Of Contract Amendments

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AMENDMENT 1EMPLOYER’S SCHEDULE OF CONTRACT AMENDMENTS (October, 2019)[INSERT CONTRACT TITLE AND PROJECT REFERENCE NUMBER (ifapplicable)]Notes for completing the Employer’s Schedule of Contract Amendments: Clauses highlighted yellow should be tailored to reflect project specificrequirements (insert/delete information as appropriate)Delete all notes and square brackets in final version.This Contract shall incorporate all the provisions of the JCT Design and Build Contract2016 except that the Recitals, Articles, Contract Particulars and Conditions shall beamended by this Schedule of Employer’s Contract Amendments (October, 2019) andshall be construed as varied accordingly.The definitions in the JCT Design and Build Contract 2016 edition have the samemeaning in this Employer’s Schedule of Contract Amendments, unless the meaninggiven in the JCT Design and Build Contract 2016 edition is different to, or conflictswith, the meaning given in this Employer’s Schedule of Contract Amendments, inwhich case this Employer’s Schedule of Contract Amendments shall prevail.Without prejudice to the above, in case of any difference, discrepancy or conflictbetween this Employer’s Schedule of Contract Amendments and the JCT Design andBuild Contract 2016 edition, this Employer’s Schedule of Contract Amendments shallprevail.RECITALSTHIRD RECITALDelete existing third recital and replace with: “the Contractor has examined theEmployer’s Requirements and has agreed to accept full responsibility for any designcontained in them”ARTICLESARTICLE 10 EMPLOYER’S SCHEDULE OF CONTRACT AMENDMENTS - INCORPORATIONInsert new Article 10:“This Agreement and the Conditions shall have effect as modified by theamendments set out in the attached Employer’s Schedule of Contract Amendments."CONTRACT PARTICULARSCLAUSE 2.17.3Delete the whole entry of the JCT Contract Particulars relating to clause 2.17.3.CLAUSE 6.15Delete the whole entry of the JCT Contract Particulars relating to clause 6.15.-1-

CLAUSE 7.2Delete the whole entry of the JCT Contract Particulars relating to clause 7.2.CONDITIONSSECTION 1 DEFINITIONS AND INTERPRETATIONCLAUSE 1.1Add these definitions:"Construction Products Regulations: the Construction Products Regulations 2013 (SI2013/1387), the Construction Products Regulation (305/2011/EU), the ConstructionProducts Regulations 1991 (SI 1991/1620) and the Construction Products Directive(89/109/EC)."“Data Protection Impact Assessment: an assessment carried out pursuant to Article35 of the General Data Protection Regulation."“Data Protection Legislation: the Data Protection Act 2018, the Privacy and ElectronicCommunications (EC Directive) Regulations 2003, the Regulation of InvestigatoryPowers Act 2000, the Investigatory Powers Act 2016, the Telecommunications(Lawful Business Practice) (Interception of Communications) Regulations 2000 andthe General Data Protection Regulation and any legislation implemented inconnection with the General Data Protection Regulation and any replacementlegislation coming into effect from time to time and all applicable laws andregulations relating to the processing of personal data and privacy, including aswhere applicable the guidance and codes of practice issued by the InformationCommissioner.”"Data Security Breach: any breach of security or confidentiality leading to theaccidental or unlawful destruction, loss, alteration, unauthorised disclosure of, oraccess to, Personal Data."“Deleterious Materials: materials, equipment, products or kits that are generallyaccepted, or generally suspected, in the construction industry at the relevant time asposing a threat to the health and safety of any person; or posing a threat to thestructural stability, performance or physical integrity of the Works or any part orcomponent of the Works; or reducing, or possibly reducing, the normal lifeexpectancy of the Works or any part or component of the Works; or not being inaccordance with any relevant British Standard, relevant code of practice, goodbuilding practice or any applicable agrément certificate issued by the British Board ofAgrément; or having been supplied or placed on the market in breach of theConstruction Products Regulations.”"Employer Data:a)i.ii.iii.the data, case management information, text, drawings, diagrams,documents, records, images or sounds (together with any database made upof any of these) which are embodied in any electronic, magnetic, optical ortangible media and which are:supplied or communicated to the Contractor by or on behalf of the Council;inputted into the Council IT systems or the Service Providers IT system bythe Council or the Council’s Representatives; orwhich the Service Provider is required to access, generate, process, store ortransmit pursuant to this Contract, whether on the Council IT systems or theService Providers IT system; or-2-

b) any Personal Data for which the Council is the Data Controller;“Environmental Laws: any law, statute, statutory instrument or legislation of theEuropean Union having effect in the United Kingdom concerning the protection ofthe environment or the generation, transportation, storage, use, treatment ordisposal of Hazardous Substances.”“Hazardous Substances: any natural or artificial substances (whether in solid orliquid form or in the form of a gas or vapour and whether alone or in combinationwith any other substances) capable of causing harm to man or any other livingorganism supported by the environment or damaging the environment or publichealth including but not limited to any controlled, hazardous, toxic or dangerouswaste.”"Standard of Care: all the reasonable skill, care and diligence to be expected of aqualified and experienced architect (or other appropriate professional designer)undertaking the design of works similar in scope and character to the Works."“Supplier Advantage Initiative: the [insert brief description of WSCC early paymentprogramme as per ITT]Note: definition added as a result of the early payment programme entered intobetween the Employer and Oxygen Finance Limited – see also new clause 4.24A.Delete definition if Supplier Advantage Initiative is not applicable.CLAUSE 1.3In clause 1.3, after "override or modify" add:"the Employer’s Schedule of Contract Amendments, " [andat the end of the clause, after the full stop, insert:"Following execution and completion of this agreement (incorporating the Employer’sSchedule of Contract Amendments) by the Parties, nothing contained in the [preconstruction agreement][limited instruction] entered into by the Parties on [DATE]shall override or modify the Schedule of Amendments, the Agreement or theseConditions."]Note: If a PCA or limited instruction have been used include wording in brackets andselect appropriate document.SECTION 2 CARRYING OUT THE WORKSCLAUSE 2.1SUB-CLAUSE 2.1.2Delete sub-clause 2.1.2 and replace with “Number not used”.Insert new sub-clause 2.1.5:“The Employer requires that the Contractor complies with West SussexCounty Council Building Contract Directives (BCD) (copies of BCDs included in theseEmployers Requirements) and the following publications: WSCC Design Guide for Sustainable Buildings.WSCC Construction Guides for Building Construction, Mechanical Engineering anElectrical Engineering.‘A Data Protection Code of Practice for Surveillance Cameras and-3-

Personal Information’as amended from time to time issued by Information CommissionersOffice.WSCC General Policy Brief for Education Buildings”Insert new sub-clause 2.1.6:“The Contractor shall be deemed to have satisfied itself as to the soil and rock stratacomprising the site of the Works and notwithstanding any other provision of thisContract, no matter arising from the state and condition of the soil and rock stratacomprising the site Works shall give rise to any adjustment of the Contract Sum, orto any extension of time (whether under Clause 2.25 or otherwise) or to anyentitlement on the part of the Contractor to terminate his employment under thisContract.”NEW CLAUSE 2.1.7 PREVENT DUTYAdd a new sub-clause 2.1.7:“2.1.7.1 The Contractor shall adequately support the Employer, as a specifiedauthority under section 26 of the Counter-Terrorism and Security Act 2015(as amended by the Counter-Terrorism and Security Act 2015 (Risk ofBeing Drawn into Terrorism) (Guidance) Regulations 2015), in connectionwith the Employer’s duty to have due regard to the need to prevent peoplefrom being drawn into terrorism.2.1.7.2The adequate provisions procured by the Contractor in order to support theEmployer as set out above will need to be considered by the Employer andContractor on the basis of each individual contract.”[NEW CLAUSE 2.1.8A PLANNING PERMISSION2.1.8A.1 Unless otherwise agreed between the Parties, it is the responsibility of the[Employer or the Employer’s representative] OR [the Contractor] to apply forplanning permission in respect of the Works under the Town and Country PlanningAct 1990 or other applicable legislation.]Note: Delete this clause 2.1.8A if planning permission for the works is not required orif the Works fall within permitted development under the Town and Country Planning(General Permitted Development) Order 1995.Note: Delete the option (and square brackets) which does not apply in respect ofapplying for planning permission.[NEW CLAUSE 2.1.8B PLANNING CONDITIONS2.1.8B.1 Without prejudice to the Contractor’s duty to comply with the StatutoryRequirements, the Contractor shall be responsible for the discharge of the planningconditions under application number [insert]. Whenever requested by the Employer,the Contractor shall provide to the Employer evidence that he has discharged theplanning conditions that he is required to discharge under planning applicationnumber [insert].2.1.8B.2 Notwithstanding any other provision of this Contract, the Contractor shallnot be entitled to any extension of time under clause 2.25 to the relevant CompletionDate, reimbursement of loss and/or expense or any other addition to the ContractSum as a result of complying with this clause 2.1.8B and a Change shall not arise inconnection therewith].-4-

Note: Delete this clause 2.1.8B if planning permission for the works is not required orif the Works fall within permitted development under the Town and Country Planning(General Permitted Development) Order 1995.CLAUSE 2.2Insert in sub-clause 2.2.1 after "so far as procurable, be":"of satisfactory quality and"Insert at the very end of clause 2.2.1:“The Contractor shall encourage the use of recycled or environmentally friendly rawmaterials and products and ethical sourcing processes, provided that such materialsand products are of satisfactory quality.”CLAUSE 2.2.6Insert new sub-clause 2.2.6:“The Contractor shall not specify or use anything in the Works, which, at thetime of specification or use, is a Deleterious Material."CLAUSE 2.2.7Insert new sub-clause 2.2.7:“Without prejudice to clause 2.2.6, the Contractor shall not knowingly suffer orpermit the use in the Works of anything, which, at the time of use, is a DeleteriousMaterial. The Contractor shall immediately notify the Employer if he becomes awareof any such use.”NEW CLAUSE 2.7.6 EXECUTION OF CONTRACT DOCUMENTSInsert new Clause 2.7.6:“The Contractor shall, no later than 21 days from receipt of the Contract documents,properly execute and return the Contract documents to the Employer. If theContractor does not properly execute and return the Contract documents,notwithstanding any other term of this Contract, the Employer may withhold 25% (inaddition to any sums withheld under clause 7.3.3) of the sums that would otherwisebe due to the Contractor under this Contract, until such a time as the Contractdocuments have been properly executed and returned to the Employer.”NEW CLAUSE 2.7.7 EXECUTION OF COLLATERAL WARRANTIESInsert new Clause 2.7.7:“The Contractor procures the proper execution of all collateral warranties due underthe Contract from sub-contractors and/or Consultants (and sub-consultants) prior tothem starting work on site. If the Contractor does not procure all properly executedcollateral warranties, notwithstanding any other term of this Contract, the Employermay withhold 10% (in addition to any sums withheld under clauses 2.7.6 and 7.3.3)of the sums that would otherwise be due to the Contractor under this Contract, untilsuch a time as the Contractor does provide to the Employer all properly executedcollateral warranties,”-5-

CLAUSE 2.11 delete clause 2.11 and its heading and replace with “Number not used”CLAUSE 2.12 delete clause 2.12 and its heading and replace with “Number not used”.CLAUSE 2.13Delete “If the Contractor becomes aware of any inadequacy as is referred to in clause2.12 or any other discrepancy or divergence in or between any of the following,namely:” and replace with “If the Contractor becomes aware of any inadequacy,discrepancy or divergence in or between the following, namely:”.CLAUSE 2.14 Delete Clause 2.14 and replace with:“Where there is a discrepancy within the Employer's Requirements or theContractor’s Proposals (including any non-compliance with the StatutoryRequirements and including a discrepancy that results from a Change under clause3.9), or a divergence between the Employer’s Requirements and the Contractor’sProposals (including a divergence that results from a Change under clause 3.9), theContractor shall notify the Employer of the discrepancy or divergence and of itsproposed amendments to correct or remove it (as the case may be). Subject alwaysto compliance with the Statutory Requirements, the Employer shall decide betweenthe discrepant or divergent items (as the case may be) or otherwise may accept theContractor's proposed amendments or decide how the discrepancy or divergenceshall be dealt with. The Contractor shall be obliged to comply with the decision oracceptance by the Employer without any adjustment of the Contract Sum orextension of time for completion and without affecting in any way or to any degreethe responsibility of the Contractor under this Contract.”CLAUSE 2.15In sub-clause 2.15.2.1 after “change in Statutory Requirements” insert: “that wasnot foreseen by the Contractor at the Base Date and could not reasonably have beenforeseen by a competent contractor at the Base Date”.Delete sub-clause 2.15.2.3CLAUSE 2.17Delete clause 2.17 and its heading and replace with a new heading:“Design Work – liabilitiesInsert new sub-clause 2.17.1:“Without derogating from any other provision in this Contract, the Contractor shall befully responsible in all respects for the design of the Works including all design workproposed by or on behalf of the Employer on or before the date of this Contractforming part of the Employer’s Requirements.”Insert new sub-clause 2.17.2:“Without prejudice to clause 2.17.1, the Contractor shall be fully responsible in allrespects for any design work carried out by a professional consultant or specialistdesigner or sub-contractor that the Contractor has or will employ (including a personemployed at the Employer’s request), whether such design work is carried outbefore, on or after the date of this Contract.”Insert new sub-clause 2.17.3:“Without derogating from any other provision in this Contract, the Contractorwarrants to the Employer that it shall use the Standard of Care when:-6-

.1 designing the Works; and.2 selecting goods, materials, plant and equipment for incorporation in theWorks.”Insert new sub-clause 2.17.4:“Without prejudice to clauses 2.1.1 and 2.17.3, the Contractor warrants that it shalluse the Standard of Care to see that its design complies with StatutoryRequirements.”CLAUSE 2.26In sub-clause 2.26.2.1, after “clause 2.13” insert: “(subject always to clause 2.14)”CLAUSE 2.35 Delete "within a reasonable time" in line 11.In line 12 after "be made good" insert "within the following required times"Insert after fourteenth line at end of clause:“The required times are:a) Water ingress or damp from internal services; 8working hoursb) Electrical and heating faults; 8 working hoursc) Blocked drains; 8 working hoursd) Ill-fitting doors/windows where securityaffected; 8 working hourse) Defective floor coverings or pavings; 7 working daysunless in the opinion of the Employer, these represent apossible danger in which case 8 working hoursf) All other defects which the Employer's Agent considers require attentionbefore the end of the Rectification Period, which are not listed above, willbe attended to within 5 working days or such lesser period as theEmployer's Agent may reasonably require.”NEW CLAUSE 2.36A Insert new clause 2.36A after clause 2.36:"Snagging list and defects, shrinkages or other faults remaining at practicalcompletionClauses 2.35 and 2.36 shall apply, all other things being equal, to:.1 any items identified on any snagging list issued by or on behalf of the Employer ator around practical completion or attached to a Practical Completion Statement orSection Completion Statement;.2 any defects, shrinkages or other faults in the Works at practical completion; and.3 any incomplete work, forming part of the Works, remaining at practicalcompletion."CLAUSE 2.38.2Insert: “, extension” after “refurbishment” in line 5 of clause 2.38.2 and delete thelast sentence of clause 2.38.2SECTION 4 PAYMENTPROVISION FOR THE EMPLOYER’S PAYMENT PROCEDURE-7-

CLAUSE 4.7.3:In clause 4.7.3 insert after ‘sum has been calculated; in line 3:“Immediately following the issue of an Interim Payment Application, the Contractorshall send an invoice to the Employer and to the Employer’s Agent confirming theamount due within the Interim Payment Application ("the Contractor's Invoice"). Forthe purpose of the Housing Grants, Construction and Regeneration Act 1996 (asamended) the due date for payment in respect of an Interim Payment Applicationshall be the date of receipt by the Employer of a valid Contractor's Invoice. TheContractor’s Invoice shall be deemed valid 7 days after the relevant InterimValuation Date. The Contractor’s Invoice must contain the invoice date and number,the relevant project purchase order number, the total amount payable plus VAT (ifapplicable), the vendor number, the Small and Medium Enterprises number (ifapplicable), the project name and address, the project number and the ProjectOfficer’s name and must be sent via e-mail to ctg.invoicing@westsussex.gov.uk andcopied to invoices@westsussex.gov.uk.Add at the end of clause 4.7.3:“In accordance with new clause 12.1.1 of Schedule 2 Part 2, the Employer shall usethe 7 day period in this clause 4.7.3 and in clause 4.7.2 in order to verify that theContractor’s Invoice is valid. If the Contractor’s Invoice is found to be invalid, theContractor and the Employer will agree the amount due under the Interim PaymentApplication within the 7 day period and the Contractor’s Invoice will be adjustedaccordingly.”CLAUSE 4.8Insert at the end of clause 4.8:“Where the paying Party is the Contractor, immediately following the issue of a FinalPayment Notice, the Contractor shall send an invoice to the Employer and to theEmployer’s Agent confirming the amount due within the Final Payment Notice ("theContractor's Final Invoice"). The Contractor’s Final Invoice must contain the invoicedate and number, the relevant project purchase order number, the total amountpayable plus VAT (if applicable), the vendor number, the Small and MediumEnterprises number (if applicable), the project name and address, the projectnumber and the Project Officer’s name and must be sent via e-mail toctg.invoicing@westsussex.gov.uk and copied to invoices@westsussex.gov.uk.CLAUSE 4.9.1Amend clause 4.9.1:Delete: ‘14’ and insert ‘[30]’ or ‘[20]’.Note: the Council’s payment terms under Standing Orders are 30 days (20 days forSMEs) from receipt of a valid invoice. Select appropriate payment term.CLAUSE 4.10Delete from the start of sub-clause 4.10.4 "The Employer's fiduciary" to "prevent himexercising" (inclusive) and replace with:"The Employer may exercise".

This Contract shall incorporate all the provisions of the JCT Design and Build Contract 2016 except that the Recitals, Articles, Contract Particulars and Conditions shall be amended by this Schedule of Employer’s Contract Amendments ( October, 2019) and shall be construed as varied accordingly.

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