SUB-CONTRACT AGREEMENT. between ELLMER CONSTRUCTION. and [NAME OF SUB-CONTRACTOR] for. [Description of Sub-Contractor's Works] [NAME OF PROJECT]

Transcription

1 SUB-CONTRACT AGREEMENT between ELLMER CONSTRUCTION and [NAME OF SUB-CONTRACTOR] for [Description of Sub-Contractor's Works] at [NAME OF PROJECT] Ellmer Construction Sub-Contract Particulars Page 1 of 5 Version 11

2 [NAME OF PROJECT] / [NAME OF SUB-CONTRACTOR] ELLMER CONSTRUCTION SUB-CONTRACT PARTICULARS PROJECT NAME: [NAME OF PROJECT] ISSUE DATE: [date] ORDER NO: HS / AN AGREEMENT made on the day of BETWEEN F B ELLMER LTD (trading as Ellmer Construction) whose registered office is situated at Hampton Road, Teddington, Surrey, TW11 0JE (hereinafter called 'the Contractor') AND [NAME OF SUB-CONTRACTOR] whose registered office is situated at [Address of Sub-Contractor] (hereinafter called 'the EC Sub-Contractor'). WHEREAS the Contractor has entered into a Contract (hereinafter called 'the Contractor's Main Contract') AND WHEREAS the EC Sub-Contractor having been afforded the opportunity to read and note the provisions of the Contractor's Main Contract (other than details of the Contractor's prices thereunder), has agreed to execute upon the terms hereinafter appearing the EC Sub-Contract Works which are described in the documents specified or referred to in the Particulars. ATTESTATION EXECUTED AS A DEED BY THE CONTRACTOR namely F B ELLMER LIMITED acting by two authorised officers whose signatures are here subscribed: namely. [signature] (Authorised Signatory) and [signature]. (Authorised Signatory) EXECUTED AS A DEED BY THE EC SUB-CONTRACTOR namely [NAME OF SUB-CONTRACTOR] acting by two directors or a director and company secretary whose signatures are here subscribed: namely. [signature]... (Director) and [signature] (Director/Secretary) Ellmer Construction Sub-Contract Particulars Page 2 of 5 Version 11

3 [NAME OF PROJECT] / [NAME OF SUB-CONTRACTOR] Documents The following documents, attached herewith, shall, together with these Particulars, form the EC Sub-Contract. If there is any discrepancy or divergence between the following documents and the Ellmer Construction Sub-Contract Conditions then the latter shall take precedence. Ellmer Construction Sub-Contract Conditions - Revision 11. Ellmer Construction Sub-Contract Preliminaries - Revision 1.3 Byrne Group Sub-Contractor Health, Safety & Environment Standard - Revision 6 Appendix A - Numbered Documents. Site Address (the "Site") The Site Address is [Address of Site]. Description of Contractor's Works (the "Works") The Principal Contractor is [Name of Principle Contractor]. The Employer under the Contractor's Main Contract is [Name of Employer]. The Contractor's Works comprise of [Description of Contractor's Works]. The Date for Completion of the Contractor's Main Contract is [date]. The Rectification/Defects Liability Period under the Contractor's Main Contract is [number] months. Description of EC Sub-Contract Work (the "EC Sub-Contract Works") The EC Sub-Contract Works comprise of [Description of Sub-Contractor's Works]. EC Sub-Contract Sum The EC Sub-Contract Sum shall be [amount] ( [sub-contract sum in words] ). The EC Sub-Contract Sum is fixed for the duration of the Works and [shall / shall not] be subject to remeasurement. Design Responsibility Clause 10 [applies / does not apply] to this EC Sub-Contract. Professional Indemnity Insurance (PI) The EC Sub-Contractor will be required to provide PI Insurance. Limits of Indemnity The minimum levels of liability to be provided by the EC Sub-Contractor shall be as shown in Pounds Sterling with the Maximum Policy Excess shown under: Clause (9A) (4) Professional Indemnity (where required): 2Million Maximum Policy Excess 25,000 Clause (11) (2) Public Liability and Contractors All Risks: 2Million Maximum Policy Excess 5,000 Clause (11) (3) Employers Liability: 10Million Maximum Policy Excess 5,000 Period for Commencement The EC Sub-Contractor shall commence the EC Sub-Contract Works within 7 days of the date of the Contractor's written direction or other date as agreed to by the parties. Period for Completion of EC Sub-Contract Works The Period for Completion of the EC Sub-Contract Works is [number] weeks (based upon a 52 week year). Ellmer Construction Sub-Contract Particulars Page 3 of 5 Version 11

4 [NAME OF PROJECT] / [NAME OF SUB-CONTRACTOR] Period for Completion of parts of the EC Sub-Contract Works Refer to Appendix A for Sectional Completion details (if applicable). Payment The payment frequency shall be monthly. The Application Dates for each month shall be the 21st day of every month. The final date for the making of any payment shall be 21 days from the date that payment becomes due. Retention Retention shall be at the rate of 5% of the value of the EC Sub-Contract Works. Contractor's Discount The Contractor's Discount shall be at the rate of 2.5% of the value of the EC Sub-Contract Works including variations. This is a trade discount not a payment discount. VAT Self Billing The Contractor's procedures for VAT Self Billing apply to this Contract. Performance Bond A Performance Bond [will / will not] be required. Parent Company Guarantee A Parent Company Guarantee [will / will not] be required. Ellmer Construction Sub-Contract Particulars Page 4 of 5 Version 11

5 [NAME OF PROJECT] / [NAME OF SUB-CONTRACTOR] APPENDIX A - NUMBERED DOCUMENTS 1.00 Scope of Works 2.00 Ellmer Enquiry 3.00 Minutes of Pre-Order/Pre-Start Meeting 4.00 Pricing Document/Schedule of Rates 5.00 Drawings/Schedules 6.00 Specifications 7.00 Preliminaries/Preambles 8.00 Specific Main Contract Conditions 9.00 Programme/Sequence Sectional Completion Further Matters and Clarifications Ellmer Construction Sub-Contract Particulars Page 5 of 5 Version 11

6 ELLMER CONSTRUCTION SUB-CONTRACT CONDITIONS Version 11 1

7 CONTENTS SECTION 1 - CONTRACT DOCUMENTATION, INFORMATION AND STAFF Fair Dealing and Team Working Sub-Letting and Assignment Staff Contractors Main Contract 5 SECTION 2 - GENERAL OBLIGATIONS General EC Sub-Contractor to Indemnify the Contractor Co-ordination Copyright and Use Provision of Drawings Design Responsibility (Only applicable if stated in the Particulars) Preceding Work and Condition Insurance Comply with Directions 11 SECTION 3 - MATERIALS AND WORKMANSHIP Materials and Workmanship Work not in accordance with the EC Sub-Contract Workmanship not in accordance with the EC Sub-Contract Protection of EC Sub-Contract Works Property in Materials and Plant 13 SECTION 4 - COMMENCEMENT, PROGRAMME DELAYS AND COMPLETIONS Commencement Operation and Maintenance Manuals Programme Acceleration Extension of Time Loss and Expense Failure to Complete Defects Liability 17 Version 11 2

8 CONTENTS (CONTINUED...) SECTION 5 - VARIATIONS AND PAYMENT Variations Recovery of Sums Due Right of Set-Off Payment Payment for Materials Off Site Payment of Suppliers Interest 21 SECTION 6 - PARTICULAR POWERS AND REMEDIES Determination of the Contractor s Main Contract Determination of the EC Sub-Contract by the Contractor Determination of the EC Sub-Contract by the EC Sub-Contractor Rights of Third Parties Right to Employ Others Right to Suspend Settlement of Disputes 25 SECTION 7 - PERFORMANCE BOND, PARENT COMPANY GUARANTEE AND COLLATERAL WARRANTIES Performance Bond Parent Company Guarantee Collateral Warranties 26 SECTION 8 - LAWS AND LEGISLATION Bribery Act Modern Slavery Act Legislation Governing Law and Jurisdiction 28 Version 11 3

9 SECTION 1 - CONTRACT DOCUMENTATION, INFORMATION AND STAFF 1.0 FAIR DEALING AND TEAM WORKING 1.1 The Contractor and the EC Sub-Contractor shall deal fairly, in good and in mutual co-operation with one another. 2.0 SUB-LETTING AND ASSIGNMENT 2.1 The EC Sub-Contractor shall not without the written consent of the Contractor assign the EC Sub-Contract or any part thereof. 2.2 The EC Sub-Contractor shall not without the prior written consent of the Contractor (which shall not be unreasonably withheld) sub-let the EC Sub-Contract or any portion thereof. 2.3 If the EC Sub-Contractor sub-lets the EC Sub-Contract without consent as referred to in Clause 2.2 then: the Contractor can withhold all payment to the EC Sub-Contractor until the Contractor is satisfi ed of the capability of any party who the EC Sub-Contract or any portion has been sub-let to; or the Contractor can terminate the EC Sub-Contract; the EC Sub-Contractor will indemnify the Contractor against all losses, claims and expenses incurred by the Contractor due to a breach by the EC Sub-Contractor of clause 2 of the EC Sub-Contract. 3.0 STAFF 3.1 The EC Sub-Contractor shall employ on site a competent person authorised to receive on the EC Sub- Contractor s behalf directions from the Contractor, to supervise the execution of the EC Sub-Contract Works and to represent the EC Sub-Contractor on all matters pursuant to the EC Sub-Contract. 3.2 The EC Sub-Contractor shall employ on the site only such persons as are careful, skilled and experienced in their trades and the Contractor shall be at liberty to require the EC Sub-Contractor to remove from the site any person who in the opinion of the Contractor should not be employed on the site. The EC Sub-Contractor s personnel and agents shall, whenever necessary, work in conjunction and co-operation with the Contractor, the Contractor s employees or agents or any other contractors, sub-contractors or trades that may be working on the site. 3.3 The EC Sub-Contractor shall ensure that all of the personnel and agents on site are registered cardholders under the Construction Skills Certifi cation Scheme (CSCS) or qualifi ed under an equivalent recognised qualifi cation scheme. Version 11 4

10 4.0 CONTRACTORS MAIN CONTRACT 4.1 An opportunity to view the Contractor s Main Contract (the Main Contract ) will be available upon request at the Contractor s Head Offi ce, save for any information which is deemed of a sensitive nature. The EC Sub- Contractor shall be deemed to have notice of and shall observe, perform, comply with and be bound by all the provisions of the Main Contract so far as they relate to and are applicable to the EC Sub-Contract Works. 4.2 The EC Sub-Contractor acknowledges that the Contractor and/or the Employer may have entered or will enter into agreements with other persons (herein the Third Party Agreements ) relating to the carrying out of the Main Contract. 4.3 If copies or relevant extracts have been provided to the EC Sub-Contractor (subject to the deletion of any confi dential information), the EC Sub-Contractor warrants in carrying out the EC Sub-Contract Works the EC Sub-Contractor has complied with and shall continue to comply with all obligations on the part of the Contractor relating to the design and/or carrying out of the EC Sub-Contract Works contained in any of the Third Party Agreements. The EC Sub-Contractor undertakes to the Contractor that he has performed and will continue to perform his obligations under this EC Sub-Contract in such manner and at such times that no act, omission or default of the EC Sub-Contractor shall cause the Contractor to be in breach of any of the Third Party Agreements. Version 11 5

11 SECTION 2 - GENERAL OBLIGATIONS 5.0 GENERAL 5.1 The EC Sub-Contractor shall carry out and complete the EC Sub-Contract Works in a proper and workmanlike manner and in compliance with the EC Sub-Contract and in conformity with all directions and requirements of the Contractor and any rules regulating the time and manner of carrying out the Main Contract Works. 5.2 The EC Sub-Contractor shall provide all labour, materials, plant, equipment and everything whether of a permanent or temporary nature required for the execution, completion and maintenance of the EC Sub- Contract Works. 5.3 Clause and Section headings which appear in these Ellmer Construction Sub-Contract Conditions (the Conditions ) do not form part of the Conditions and are only included to assist the convenient reading of these terms. 5.4 To the extent that any clauses in these Conditions may be held to be unlawful and/or unenforceable or may be limited or varied by statute, this shall only affect the relevant clause and shall not invalidate or limit the application and relevance of all other clauses contained in these Conditions. 5.5 None of the Conditions shall operate to limit the Contractor s Statutory Rights nor does the Contractor accept any of the EC Sub-Contractor s terms of business which limit or restrict the statutory rights which would otherwise be available to the Contractor. 5.6 When counting the number of days for the purpose of interpreting these Conditions all public and bank holidays shall be ignored and reference to working days shall exclude all weekends as well as public and bank holidays. 5.7 No alterations in this EC Sub-Contract, or in the EC Sub-Contract Works, and no extension of time, forbearance or forgiveness or delay on the Contractor s part in asserting any of its rights against the EC Sub-Contractor, nor any act, matter or thing whatsoever except fulfi lment of the Conditions, shall in any way release the EC Sub- Contractor from any liability under this EC Sub-Contract. 5.8 Unless otherwise agreed in writing until such time as the Contractor has received a signed and properly completed EC Sub-Contract the Contractor shall be under no obligation to make a payment to the EC Sub- Contractor. 5.9 Where it is stated in the Particulars that the EC Sub-Contractor is the Principal Contractor the EC Sub- Contractor warrants the following: He shall continue for the duration of the EC Sub-Contract Works to be competent to act as Principal Contractor for the Works (as defi ned in the CDM Regulations). He has allocated and he shall continue to allocate adequate resources to enable him to perform all the functions and duties of the Principal Contractor under the CDM Regulations for the Works He shall ensure that the Health and Safety Plan (to comply with the CDM Regulations) is prepared and received by the Contractor before the EC Sub-Contract Works under this EC Sub-contract are commenced, that it is properly implemented and that any subsequent amendment to it by the EC Sub- Contractor is notifi ed to the Contractor. Version 11 6

12 5.9.3 He shall ensure that welfare facilities complying with the CDM Regulations are provided from the commencement until the end of the EC Sub-Contract Works He shall without charge prepare a health and safety fi le containing all the features required by, and updated in accordance with, the CDM Regulations and deliver it to the Contractor He shall strictly comply with the Contractor s health and safety requirements The EC Sub-Contractor acknowledges that it will not have exclusive possession of the site The obligations and liabilities of the EC Sub-Contractor under this EC Sub-Contract shall not be released, diminished or in any other way affected by: any enquiry, inspection, acknowledgement, comment made or given by or on behalf of the Contractor and/or the Employer; or the Contractor having included the value of any work, materials or goods in any certifi cate or statement or any interim or fi nal payment or issuing any certifi cate (where any non-compliance of materials or goods or workmanship with the requirements of this EC Sub-Contract becomes apparent after the date of such statement or notice) Notwithstanding any other provision of this EC Sub-Contract, the term approval when used in the context of any approval to be given by the Contractor shall have the meaning acceptance of general principles only and no such approval shall diminish or relieve the EC Sub-Contractor from any of his obligations or responsibilities under this EC Sub-Contract Save as may reasonably be necessary for the proper carrying out of the EC Sub-Contract Works in accordance with this EC Sub-Contract, or as may be required by law, the EC Sub-Contractor shall not, and shall procure that each and every sub-sub-contractor and supplier and their respective servants and agents shall not, for any reason disclose to any person or otherwise make use of any confi dential information which relates to the Contractor, Employer or the EC Sub-Contract Works or permit or suffer to be taken any photographs of the EC Sub-Contract Works for use in any publicity or advertising or publish alone or in conjunction with others any articles, photographs or other illustrations relating to the Works, without the Contractor s prior written consent The EC Sub-Contractor shall not transport to, use, generate, dispose of, or install at the site of the EC Sub- Contract Works any hazardous substance except in accordance with Environmental Laws applicable at the time of performing the EC Sub-Contract Works, and shall use its best endeavours not to cause any release of hazardous substances into, or contamination of, the environment, including soil, the atmosphere, any water course or ground water, except in accordance with Environmental Laws applicable at the time of performing the EC Sub-Contract Works. 6.0 EC SUB-CONTRACTOR TO INDEMNIFY THE CONTRACTOR The EC Sub-Contractor shall indemnify and save harmless the Contractor against and from the following: 6.1 Any breach, non-observance or non-performance by the EC Sub-Contractor, its servants or agents of any or all of the conditions of the Main Contract, insofar as the Contractor s obligations under the Main Contract relate and apply to the EC Sub-Contract Works. 6.2 Any act or omission by the EC Sub-Contractor, its servants or agents which involves the Contractor in any liability to the Employer under the Main Contract. Version 11 7

13 6.3 Any claim, loss, damage, expense or cost suffered or incurred and due to or resulting from any negligence or breach of duty on the part of the EC Sub-Contractor, its servants or agents. 6.4 Breach by the EC Sub-Contractor of Clause 12of this EC Sub-Contract. 7.0 CO-ORDINATION 7.1 The EC Sub-Contractor shall provide to the Contractor such information as the Contractor may require to co-ordinate the EC Sub-Contract Works with the works of any other contractorsas required under the Main Contract. The EC Sub-Contractor shall be responsible for co-ordinating the EC Sub-Contract Works with the works of the Contractor, its agents and sub-contractors and any other parties on the site. Such co-ordination shall include but not necessarily be limited to design (where applicable), programming, sequence of works, installation and Health and Safety. 8.0 COPYRIGHT AND USE 8.1 The EC Sub-Contractor hereby grants to the Contractor an irrevocable, royalty-free, non-exclusive licence to use and to reproduce all drawings, details, plans, specifi cations, schedules, reports, calculations and all other documents and the designs contained in them (the Design Information ) prepared or to be prepared by or on behalf of the EC Sub-Contractor for all purposes relating to the EC Sub-Contract Works including, without limitation, the execution, completion, maintenance, letting, management, sale, advertisement, extension, alteration, reinstatement and repair thereof or the site or any part thereof. Such licence shall also carry the right to grant sub-licences and shall be transferable to third parties. The EC Sub-Contractor shall, if so requested, at any time, execute such documents and perform such acts as may be required fully and effectively to assure to the Contractor or any third party the rights referred to in this clause. The EC Sub- Contractor acknowledges that he is the author of the Design Information and hereby waives any moral rights which he might be deemed to possess under Chapter IV of the Copyright, Designs and Patents Act 1988 in respect of the Design Information and of the EC Sub-Contract Works. 8.2 The EC Sub-Contractor warrants that the use of the Design Information in connection with the EC Sub-Contract Works will not infringe the rights of any third party. The EC Sub-Contractor shall indemnify the Contractor against any costs, damages and expense by reason of any such infringement. 9.0 PROVISION OF DRAWINGS 9.1 Where it is a requirement of the EC Sub-Contract Works, the EC Sub-Contractor shall prepare detailed drawings and/or calculations in a format and quantity to comply with the Contractor s obligations under the Main Contract or otherwise in accordance with the Contractor s requirements showing such details as the Contractor may require and submit them to the Contractor s offi ce within a reasonable period having regard to the Contractor s obligations under the Main Contract. Neither the act of preparing the detailed drawings and/or calculations nor the period for submission shall affect the commencement and Period(s) for Completion of the EC Sub-Contract Works provided always that the Contractor shall within a reasonable time review and take any necessary action on the detailed drawings. If the EC Sub-Contractor fails to provide the detailed drawings and/or calculations in accordance with this clause then the Contractor may withhold any sums due or that may become due to the EC Sub-Contractor. Version 11 8

14 9.2 For the avoidance of doubt, where the EC Sub-Contractor is responsible for design, they warrant the adequacy and accuracy of the detailed drawings in their fi nal form and guarantees that the information represented on the detailed drawings will be suitable for the purpose for which they are intended. In acknowledging sole responsibility and liability for the detailed drawings the EC Sub-Contractor hereby acknowledges that any comments or representations made thereon by any party are entirely without prejudice to the EC Sub-Contractor s liabilities and responsibilities under this clause. Any comments or representations made thereon by any party shall not be construed as a variation unless written directions to that effect are issued by the Contractor. 9.3 The EC Sub-Contractor shall provide as-built drawings and records to the Contractor within the periods stated by the Contractor. The EC Sub-Contractor will be required to provide as-built drawings and records in a format and quantity to comply with the Contractor s obligations under the Main Contract or otherwise in accordance with the Contractor s requirements. If the EC Sub-Contractor fails to provide the as-built drawings and records in accordance with this clause then the Contractor may withhold from any sums due or that may become due to the EC Sub-Contractor an amount up to a maximum of 10% of the EC Sub-Contract Sum, such amount being in addition to any other amounts properly withheld under this EC Sub-Contract. Furthermore, the EC Sub- Contract Works will not be deemed practically complete until the as-built drawings and records have been provided in accordance with this clause DESIGN RESPONSIBILITY (ONLY APPLICABLE IF STATED IN THE PARTICULARS) 10.1 The EC Sub-Contractor shall be responsible for the design of the EC Sub-Contract Works to the extent that design is the responsibility of the EC Sub-Contractor under the EC Sub-Contract. The EC Sub-Contractor shall be responsible for the complete and effi cient execution of the Sub-Contract Works in accordance with the EC Sub-Contract The EC Sub-Contractor s liability to the Contractor in respect of any defect or insuffi ciency in design shall be the same as would have applied to an experienced design and build specialist contractor or sub-contractor who had held itself out as experienced in carrying out work of a similar size, scope, complexity and nature to the EC Sub-Contract Works The EC Sub-Contractor warrants to the Contractor that the EC Sub-Contract Works and design will fully comply with the requirements of the Main Contract and that the design of the EC Sub-Contract Works will, when completed comply with the Statutory Requirements and with any performance specifi cations or requirements included or referred to in the Main Contract If so stated in the Particulars the EC Sub-Contractor shall effect and maintain Professional Indemnity Insurance to the minimum amount specifi ed in respect of each and every claim (without aggregate limit) and shall continue to maintain such cover until not less than 12 years from the date of the EC Subcontract practical completion The EC Sub-Contractor shall be wholly responsible for and shall ensure the proper coordination and integration of the various elements of the EC Sub-Contractor s design one with another. Version 11 9

15 11.0 PRECEDING WORK AND CONDITION 11.1 The EC Sub-Contractor shall satisfy itself that any work carried out on the site by any party prior to the commencement of the EC Sub-Contract Works or any parts thereof (the Preceding Works ) are suitable before commencing the EC Sub-Contract Works or any part thereof and after commencing the EC Sub- Contract Works or any part thereof the EC Sub-Contractor shall have no claim against the Contractor whatsoever in respect of the state or suitability of any Preceding Works if using reasonable skill and care a competent contractor ought reasonably to have discovered or noticed that Preceding Works were not in conformance or suitable Where the EC Sub-Contract Works include the provisions of materials likely to be affected by atmospheric conditions then the EC Sub-Contractor must satisfy itself that the prevailing site conditions are suitable before delivery, application or installation of the material commences. Any non-compliance by the EC Sub- Contractor with this requirement shall not interfere with any obligation or guarantee given or to be given by the EC Sub-Contractor The EC Sub-Contractor acknowledges and agrees that he has had the opportunity of inspecting and testing the physical conditions (including the sub-surface conditions) and other conditions of or affecting the site and shall be deemed to have acquainted himself fully with the same and to have obtained all necessary information as to risks including (without limitation) the existence of contamination or environmental hazards, contingencies and all other circumstances which may infl uence or affect the execution of the EC Sub- Contract Works. No failure on the part of the EC Sub-Contractor to discover or foresee any such condition, risk, contingency or circumstance shall entitle the EC Sub-Contractor to make any claim, whether for an extension of time and/or loss and expense, or any addition to the EC Sub-Contract Sum or otherwise). The EC Sub-Contractor shall not be entitled to rely upon any survey, report or other document prepared by or on behalf of the Contractor and/or the Employer regarding any such matter as is referred to in this clause 11.3 and the Contractor makes no representation or warranty as to the accuracy or completeness of any such survey, report or document. The Contractor shall have no liability arising out of or in relation to any such survey, report or document or from any representation or statement, whether negligently or otherwise made, therein contained INSURANCE 12.1 The EC Sub-Contractor shall be liable for and shall indemnify the Contractor against any expense, liability, loss, claim or proceedings whatsoever arising under this EC Sub-Contract or any statute or at common law in respect of personal injury to or the death of any person whomsoever and of any injury or damage whatsoever to any property real or personal arising out of or in the course of or caused by the carrying out of the EC Sub- Contract Works unless due to any act or negligence of the Contractor, its servants or agents Without prejudice to its liability to indemnify the Contractor under Clause 12.1 the EC Sub-Contractor shall maintain such insurance as is necessary to cover the liability of the EC Sub-Contractor in respect of personal injury or death or damage to property real or personal arising out of or in the course of or by reason of the carrying out of the EC Sub-Contract Works and caused by any act, omission, negligence or default of the EC Sub-Contractor, its servants or agents for a limit of indemnity of not less than the amount specifi ed in the Particulars for any one claim or series of claims arising from any one event unlimited in any one year The EC Sub-Contractor shall also maintain such insurance as is required by the Employer s Liability (Compulsory Insurance) Act 1969 arising out of or in the course of the employment of any persons employed by it. Version 11 10

16 12.4 Policies and receipts for current premiums relating to all insurances shall be made available to the Contractor for inspection if so requested and a certifi cate of insurance shall be displayed by the EC Sub-Contractor on the site in a prominent position The works and the materials and goods of the EC Sub-Contractor properly on site for incorporation in the EC Sub-Contract Works shall as regards loss or damage by fi re be at the sole risk of the EC Sub-Contractor. The EC Sub-Contractor shall comply with the conditions contained in any policy of insurance covering such risks Until the EC Sub-Contract Works have reached practical completion the EC Sub-Contractor shall insure and be responsible for and shall make good any loss or damage to the EC Sub-Contract Works and any materials or goods on site for the EC Sub-Contractor s use from any cause whatsoever and howsoever The EC Sub-Contractor s plant, tools, equipment, clothing etc. on site will at all times, be the responsibility of the EC Sub-Contractor who must insure against all risks The EC Sub-Contractor shall at all times use all reasonable endeavours to prevent any public or private nuisance or other interference with the rights of any adjoining or neighbouring landowner, tenant or occupier or any Statutory Undertaker arising out of the carrying out of the EC Sub-Contract Works and shall defend or at the Contractor s option, assist the Contractor in defending any action or proceedings which may be instituted in relation thereto howsoever such action may arise. The EC Sub-Contractor shall be liable for and shall indemnify the Contractor against any expense, liability, loss, claim and/or proceedings whatsoever and howsoever resulting from any such nuisance or interference and/or from any breach by the EC Sub-Contractor of the provisions of this Clause The EC Sub-Contractor shall ensure that there is no trespass by the EC Sub-Contractor or any of the EC Sub- Contractor s employees and agents. (including the oversailing of tower crane jibs) on or over any adjoining or neighbouring property arising out of the EC Sub-Contract Works and shall take all reasonable safety and other measures to prevent damage or injury to any persons including the occupiers of adjoining or neighbouring property and members of the public. If carrying out the EC Sub-Contract Works or any obligation pursuant to Clause 26 would otherwise be an act of trespass, the EC Sub-Contractor shall (unless already provided for by the Contractor) at no cost to the Contractor, obtain the prior written agreement of the owners or occupiers of any adjoining or neighbouring property to that act. That agreement shall be subject to the Contractor s approval before its completion, such approval not to be unreasonably withheld or delayed. The EC Sub- Contractor shall comply with any conditions contained in that agreement, at no cost to the Contractor, and shall not be entitled to any extension of time as a result of any conditions contained in that agreement The EC Sub-Contractor will bear the cost of repairing damage to adjacent properties, roads, footpaths and services arising from execution of the EC Sub-Contract Works COMPLY WITH DIRECTIONS 13.1 The EC Sub-Contractor shall comply with all reasonable directions issued by the Contractor within the timescale detailed on the direction. If the EC Sub-Contractor fails to comply with the direction within the timescale stipulated thereon the Contractor may implement whatever action is necessary to ensure compliance with the direction. If no timescale is stipulated thereon the timescale shall be within a reasonable period from the date of issue by the Contractor, the EC Sub-Contractor shall use their best endeavours to ensure such period does not delay the Contractor s on-site progress. Any costs incurred by the Contractor in ensuring compliance with or execution of the work required by the direction, including but not necessarily limited to the employment of additional resources may be set off against monies due or that may become due to the EC Sub-Contractor. Version 11 11

17 SECTION 3 - MATERIALS AND WORKMANSHIP 14.0 MATERIALS AND WORKMANSHIP 14.1 The EC Sub-Contract Works shall be of the kind and standard described or inferred within the drawings, specifi cations and instructions and (unless inconsistent therewith) the EC Sub-Contract Works shall comply with the latest relevant British Standard specifi cations and British Standard codes of practice and all amendments. The Contractor may reject any work on the grounds of inferior materials or workmanship and require the EC Sub-Contractor without delay to make good such work at its own expense and to bear the cost of all direct and consequential loss and damage suffered or that may be suffered by the Contractor resulting directly or indirectly from such inferior materials or workmanship Where the EC Sub-Contract Works require the preparation of details or the selection of materials or goods by the EC Sub-Contractor for the EC Sub-Contract Works then such details, materials and goods shall be safe and suitable for the purpose or purposes for which they are intended or required and the EC Sub-Contractor shall indemnify the Contractor against all claims, demands, proceedings, damages, costs, charges and expenses arising out of or as a consequence of such details, materials or goods not being fi t, safe or suitable for purpose All timber materials supplied by the EC Sub-Contractor in the course of completing the EC Sub-Contract Works shall be certifi ed as being supplied from managed, sustainable sources The EC Sub-Contractor warrants and undertakes to the Contractor that the EC Sub-Contractor has not used or specifi ed for use and shall not use or specify for use or cause or permit or suffer to be used in connection with the EC Sub-Contract Works, any goods, materials, building practices, techniques, substances or products not in accordance with relevant British and European Standards or Codes of Practice or otherwise which are generally known or which ought to have been known within the construction or engineering industries at the time of use or specifi cation (as appropriate) to be deleterious to health and safety or to the durability of buildings and/or roads and/or other structures and/or fi nishes and/or plant and machinery in the particular circumstances in which they are used having regard to the guidance note Good Practice in the Selection of Construction Materials 2011 published by the British Council for Offi ces Under the Construction Products Regulation 2011, it is mandatory for manufacturers to draw up a Declaration of Performance and apply CE marking to construction products which are covered by a Harmonised European Standard (hen) or conform to a European Technical Assessment (ETA) which has been issued for them, when such a product is placed on the market. Where the goods fall under this Regulation, the EC Sub-Contractor shall ensure that the correct CE marking is applied to the goods prior to delivery and that the Declaration of Performance is available for immediate transmission to the Contractor upon request WORK NOT IN ACCORDANCE WITH THE EC SUB-CONTRACT 15.1 If any work, materials or goods are not in accordance with this EC Sub-Contract then the Contractor, in addition to his other powers, may: issue instructions in regard to the removal from the site of all or any such work, materials or goods; Version 11 12

18 after consultation with the EC Sub-Contractor and with the agreement of the Employer, allow all or any of such work, materials or goods to remain, in which event the Contractor shall notify the EC Sub- Contractor to that effect but shall not be construed as a variation and an appropriate deduction shall be made from the EC Sub-Contract Sum after consultation with the EC Sub-Contractor, issue such instructions requiring a variation as are reasonably necessary as a consequence of any instruction under clause and/or any notifi cation under clause (but to the extent that such instructions are reasonably necessary, no addition shall be made to the EC Sub-Contract Sum and no extension of time shall be given) and/or issue such instructions to open up for inspection or to test as are reasonable in all the circumstances to establish to the reasonable satisfaction of the Contractor the likelihood or extent, as appropriate to the circumstances, of any further non-compliance. To the extent that such instructions are reasonable, whatever the results of the opening up, no addition shall be made to the EC Sub-Contract Sum and no extension of time shall be given WORKMANSHIP NOT IN ACCORDANCE WITH THE EC SUB-CONTRACT 16.1 Where there is any failure to comply with Clause 5.1 in regard to the carrying out of the work in a proper and workmanlike manner the Contractor, may issue such instructions (whether requiring a variation or otherwise) as are in consequence reasonably necessary. To the extent that such instructions are reasonably necessary, no addition shall be made to the EC Sub-Contract Sum and no extension of time shall be given PROTECTION OF EC SUB-CONTRACT WORKS 17.1 The EC Sub-Contractor shall be responsible for the protection and preservation of the EC Sub-Contract Works and any materials brought onto the site until the completion of the Works or the determination of the EC Sub- Contract The EC Sub-Contractor shall take all precautions and measures necessary to protect and prevent damage or destruction occurring to any part of the Main Contract works/site not forming part of this EC Sub-Contract and shall bear the cost of all direct and consequential loss and damage suffered or that may be suffered by the Contractor resulting directly or indirectly from such damage or destruction provided the same was due to the omission, fault or negligence of the EC Sub-Contractor or others for whom the EC Sub-Contractor is responsible PROPERTY IN MATERIALS AND PLANT 18.1 From the commencement to the completion of the EC Sub-Contract Works, all things belonging to the EC Sub- Contractor which are brought on the site in connection with the EC Sub-Contract shall vest in the Contractor once included in a payment application as per Section 5 of this Sub-Contract, subject to any right of the Contractor to reject the same. Version 11 13

19 SECTION 4 - COMMENCEMENT, PROGRAMME DELAYS AND COMPLETIONS 19.0 COMMENCEMENT 19.1 The EC Sub-Contractor shall commence the EC Sub-Contract Works within 10 days (unless stated differently in the Particulars) of the date of the Contractor s written directions so to do. The EC Sub-Contractor shall regularly and diligently proceed with the execution of the EC Sub-Contract Works and shall complete the EC Sub-Contract Works within the Period(s) for Completion stated in the Particulars OPERATION AND MAINTENANCE MANUALS 20.1 The EC Sub-Contractor shall provide operation and maintenance manuals to the Contractor within 4 weeks of commencement of the EC Sub-Contract Works or other date agreed to by the Contractor in writing. The EC Sub-Contractor will be required to provide at least three complete sets of the EC Sub-Contractor s operation and maintenance manuals in a format to comply with the Contractor s obligations under the Main Contract or otherwise in accordance with the Contractor s requirements. If the EC Sub-Contractor fails to provide the operation and maintenance manuals in accordance with this clause then the Contractor may withhold from any sums due or that may become due to the EC Sub-Contractor an amount up to a maximum of 10% of the EC Sub-Contract Sum, such amount being in addition to any other amounts properly withheld under this EC Sub-Contract. Furthermore, the EC Sub-Contract Works will not be deemed practically complete until the operation and maintenance manuals have been provided in accordance with this clause PROGRAMME 21.1 The EC Sub-Contractor shall carry out such works, in such locations, at such times and at such rates of progress as shall be reasonably required by the Contractor The EC Sub-Contractor shall, within 7 days of a request by the Contractor to do so, prepare and submit to the Contractor for approval a programme which shall include: The order and timing of the EC Sub-Contract Works including, where applicable, dates for the submission of the EC Sub-Contractor s detailed drawings The dates when information is required from the Contractor The EC Sub-Contractor shall ensure that their programme is fully co-ordinated with the Contractor, its agents and sub-contractors and any other party which the Contractor may reasonably request The Contractor may, at any time, instruct or direct the EC Sub-Contractor to change their programme for any reason Any approval referred to in clause 21.2 shall not be construed as the Contractor s acceptance of suffi ciency or adequacy of the EC Sub-Contractor s programme. Version 11 14

20 22.0 ACCELERATION 22.1 If the Contractor wishes to reduce the number of period(s) for completion of the EC Sub-Contract Works or have the EC Sub-Contract Works completed within a shorter time period than that set out in the Period(s) for Completion where, following delays for whatever reason, the EC Sub-Contract Works would not be completed within the Period(s) for Completion then the Contractor shall reasonably direct the EC Sub-Contractor to submit, within the time period stated in the direction, the EC Sub-Contractor s proposals for achieving the reduced time period(s), together with any consequential amendments to the manner in which the EC Sub- Contract Works are to be carried out and any associated costs If the Contractor accepts the EC Sub-Contractor s proposals and issues a direction accordingly then the Contractor shall if applicable specify the amended Period(s) for Completion of the EC Sub-Contract Works EXTENSION OF TIME 23.1 In this clause any reference to delay, notice or extension includes further delay, further notice and further extension If the EC Sub-Contractor shall be delayed in the execution of the EC Sub-Contract Works by any of the matters listed in Clause 23.4 then the EC Sub-Contractor shall be entitled to such extension of the Period(s) for Completion as may in all the circumstances be fair and reasonable It shall be a condition precedent to the EC Sub-Contractor s right to an extension of the Period(s) for Completion under Clause 23.2 that the EC Sub-Contractor shall have given written notice to the Contractor of the matter which is causing or may cause a delay within 5 days of such delay fi rst occurring or the matter becoming reasonably apparent following which full and detailed particulars must be submitted within 10 days of the written notice in justifi cation of the period of extension claimed Matters which entitle the EC Sub-Contractor to an extension to the Period(s) for Completion are: Any circumstances or occurrence that affects the EC Sub-Contract Works (other than a breach of this EC Sub-Contract by the EC Sub-Contractor) entitling the Contractor to an extension of time for completion of the Works under the Main Contract. Any extension to the Period(s) for Completion under this clause shall not in any event exceed the extension of time to which the Contractor has been granted under the Main Contract The ordering of any variation of the EC Sub-Contract Works to which Clause does not apply Any breach of this EC Sub-Contract by the Contractor Suspension of the EC Sub-Contract Works under Clause Any impediment, prevention or default, whether by act or omission, by the Contractor except to the extent caused or contributed to by any default, whether by act or omission, of the EC Sub-Contractor or any of the EC Sub-Contractor s employees and agents If in the opinion of the Contractor, upon receipt of the particulars referred to in Clause 23.3 the Period(s) for Completion is likely to be delayed by matters referred to in Clause 23.4 and provided that: the EC Sub-Contractor has taken steps to mitigate delay; and any delay caused by matters detailed in Clause 23.4 which is concurrent with another delay for which the EC Sub-Contractor is responsible shall not be taken into account; the Contractor shall notify the EC Sub-Contractor in writing of any extension to the Period(s) for Completion. Version 11 15

21 23.6 Where differing Periods of Completion are specifi ed in the Particulars for different parts of the Sub-Contract Works, then for the purposes of the preceding provisions of this clause each part shall be treated separately The EC Sub-Contractor shall not be entitled to any extension of time under Clauses 23.4 to the extent that any delay is wholly caused by any default, whether by act or omission of the EC Sub-Contractor or any of the EC Sub-Contractor s employees and agents LOSS AND EXPENSE 24.1 If the EC Sub-Contractor makes written application to the Contractor stating that he has incurred or is likely to incur direct loss and/or expense in the execution of this EC Sub-Contract for which he would not be reimbursed by a payment under any other provision of this EC Sub-Contract due the regular progress of the EC Sub-Contract Works being or likely to be affected by any circumstances or occurrence stated in Clause 23.4 (other than a breach of this EC Sub-Contract by the EC Sub-Contractor), the Contractor shall from time to time ascertain the amount of such loss and/or expense which has been or is being incurred by the EC Sub- Contractor; provided always that: It shall be a condition precedent to the EC Sub-Contractor s right to loss and/or expense that the EC Sub-Contractor s application shall be submitted within 5 days of it becoming apparent that the regular progress of the EC Sub-Contract Works has been or is likely to be affected as aforesaid; and the EC Sub-Contractor shall submit with his application all information as should reasonably be necessary to enable the Contractor to form an opinion and ascertain the amount of loss and/or expense as aforesaid; and; no loss and/or expense shall be added to the EC Sub-Contract Sum to the extent that the matters identifi ed as giving rise to the application have been caused or contributed to by any negligence or default of the EC Sub-Contractor or of his servants or agents or any sub-contractor, supplier, consultant or of their respective servants or agents FAILURE TO COMPLETE 25.1 If the EC Sub-Contractor fails to complete the EC Sub-Contract Works or any section thereof within the Period(s) for Completion detailed in the Particulars or by any other Period(s) for Completion notifi ed to the EC Sub-Contractor in writing under Clause 23 it shall pay or allow to the Contractor a sum equal to any loss or damage or liability suffered, or to be suffered, by the Contractor, including but not limited to any liquidated and ascertained damages included within or pursuant to the Main Contract (or actual damages and/ or costs if applicable under the Main Contract) and caused directly or indirectly by the failure of the EC Sub-Contractor to complete the EC Sub-Contract Works within the Period(s) for Completion or by any other Period(s) for Completion notifi ed to the EC Sub-Contractor in writing under Clause 23. Version 11 16

22 26.0 DEFECTS LIABILITY 26.1 The Defects Liability Period for the EC Sub-Contract Works shall commence on the date the EC Sub-Contract Works are practically complete and will continue until the earlier of either the Retention Release Date or the Contractors defects liability period has ended under the Main Contract. All defects, shrinkages or other faults which appear in the during the Defects Liability Period shall be made good by the EC Sub-Contractor at its own cost including any repairs to any other part of the Main Contract Works arising out of the EC Sub- Contractor s remedial work within a reasonable time after receipt by the EC Sub-Contractor of instructions from the Contractor to make good. The Retention Release Date shall be the day after the expiry of the period from the Date for Completion of the Main Contract Works plus the Rectifi cation/defects Liability Period for such works stated in the Particulars plus a further 6 months The cost, loss and/or expense incurred in locating defective work or materials and the reinstatement of all works affected thereby after making good shall be borne by the EC Sub-Contractor provided such cost, loss and/or expense is not caused by the negligence, omission or default under the EC Sub-Contract of the Contractor, its servants or agents. If the Contractor incurs cost, loss and/or expense in locating defective work or materials for which the EC Sub-Contractor is found to be responsible then the EC Sub-Contractor shall indemnify the Contractor against any cost, loss and/or expense so incurred and the Contractor may set off the same against monies due or that may become due to the EC Sub-Contractor The Contractor may, on failure of the EC Sub-Contractor at any time to remove defective work and material and make good the same within a reasonable time, carry out and remedy any such work and the EC Sub-Contractor shall indemnify the Contractor against any cost, loss and/or expense so incurred and the Contractor may set off the same against monies due or that may become due to the EC Sub-Contractor If at any time within the Defects Liability Period errors are discovered in the drawings and information supplied by the EC Sub-Contractor under Clause 9.3, or if as a result of any adjustment or remedial work carried out by the EC Sub-Contractor under Clause 26 such drawings and information no longer accurately show or describe the EC Sub-Contract Works as built, the the EC Sub-Contractor shall as soon as reasonably practicable amend such drawings and information at no cost to the Employer so that they comply fully with Clause 9.3. Version 11 17

23 SECTION 5 - VARIATIONS AND PAYMENT 27.0 VARIATIONS 27.1 The Contractor may require any variation to the form, timing, quality or quantity of the EC Sub-Contract Works or any part thereof. No such variation shall in any way vitiate the EC Sub-Contract or any part thereof. No variations shall however be made by the EC Sub-Contractor unless written direction has fi rst been obtained from the Contractor. Variations required by the Contractor and authorised by the Contractor in writing shall be valued and allowed for in accordance with the schedules of rates and prices appended to this EC Sub-Contract. Where such schedules are not part of this EC Sub-Contract the work shall be valued and allowed for at recognised and fair rates using the method of measurement upon which the Contractor s tender enquiry to the EC Sub-Contractor was based unless any other basis is agreed upon in writing by the Contractor RECOVERY OF SUMS DUE 28.1 When under this EC Sub-Contract any sums of money shall be recoverable from or payable by the EC Sub- Contractor, the same will become a debt immediately due to the Contractor (unless stated to the contrary in this EC Sub-Contract) or at the Contractor s discretion. This debt may be deducted from any sum then due or which at any time thereafter may become due to the EC Sub-Contractor under this EC Sub-Contract or under any other contract between the EC Sub-Contractor and the Contractor RIGHT OF SET-OFF 29.1 The Contractor shall be entitled to deduct from or set-off against any money due or which at any time may become due to the EC Sub-Contractor any sum or sums which the EC Sub-Contractor may be liable to pay the Contractor PAYMENT 30.1 The EC Sub-Contractor shall submit to the Contractor a written application for payment, in suffi cient detail to show as a minimum the amounts detailed in Clause The application(s) for payment shall be received by the Contractor on the date(s) stated in the Particulars ( Application Date(s) ). If no Application Date(s) are stated in the Particulars then the Application Date shall be the 21st day of each month. Any applications for payment received before the relevant Application Date will for the purpose of this clause be deemed to have been received by the Contractor on the Application Date. Any applications for payment received after the relevant Application Date will for the purpose of this clause be deemed to have been received by the Contractor by the next Application Date The amount of any payment due from the Contractor to the EC Sub-Contractor by way of periodic payments shall be the difference between the amount determined by the Contractor in accordance with Clause 30.3 and the aggregate of any payments previously made under this EC Sub-Contract or pursuant to any letter of instruction or intent or similar in relation to the EC Sub-Contract and the EC Sub-Contract Works. Version 11 18

24 30.3 The amount determined in accordance with this clause shall be the aggregate of the amounts calculated in Clause to Clause less the amounts calculated in Clause An amount equal to the value of any work properly performed in accordance with the terms and conditions of the EC Sub-Contract during the period from the commencement of the EC Sub-Contract Works to the Application Date At the Contractor s absolute discretion, an amount equal to the value of any materials and goods manufactured on site or brought onto site for the purpose of the EC Sub-Contract Works during the period from commencement of the EC Sub-Contract Works to the Application Date, provided the same are not prematurely manufactured on site or brought onto site An estimate of the value of work properly executed in accordance with variations issued by the Contractor to the EC Sub-Contractor Any other sums or amounts which become payable under the EC Sub-Contract during or in respect of the period from the commencement of the Works to the Application Date The amounts to be deducted from the above shall be: Retention money as detailed in the Particulars The Contractor s Discount in accordance with the Particulars Any deductions that the Contractor is required to make or entitled to make under the Income and Corporation Taxes Act 1988 (together with any statutory tax deduction scheme) as may be amended or altered from time to time Any other amount due to the Contractor or other statutory deduction Where the EC Sub-Contract Works have not reached practical completion, the retention money referred to in Clause shall be the percentage stated in the Particulars. Where the EC Sub-Contract Works have reached practical completion, the retention shall be one half of the amount stated in the Particulars Any payment detailed in Clause 30.2 shall become due on the expiry of a period of 28 days from the Application Date following the receipt of the EC Sub-Contractor s application for payment. If the EC Sub- Contractor fails to issue an application for payment by the Application Date then no payment shall become due until 28 days following the next Application Date The fi nal payment payable under the EC Sub-Contract shall be the amount equal to the difference if any between: The EC Sub-Contract Sum adjusted in accordance with this EC Sub-Contract less the Contractor s Discount referred to in the Particulars; and The aggregate of any periodic payments which have become due under this EC Sub-Contract, and shall, subject to practical completion of the EC Sub-Contract Works as a whole having been achieved and there being no defects, shrinkages or other faults apparent at the Retention Release Date ( apparent defects ) and the EC Sub-Contractor having made a proper application for a fi nal payment including a request for the release of any retention held by the Contractor, become due on the Retention Release Date. If those pre-conditions are not then satisfi ed, the balance shall become due 28 days following such completion and the making good of any apparent defects. lf not already notifi ed to the EC Sub-Contractor, any apparent defects shall be listed and notifi ed to him within 14 days after the Retention Release Date. Version 11 19

25 30.7 The fi nal date for the making of any payment shall be 21 days, unless stated differently in the particulars, from the date that payment becomes due Provided that the EC Sub-Contractor has issued an application for payment at the required time the Contractor shall, not later than 5 days after the date the payment became due, give notice to the EC Sub- Contractor of the amount of the payment proposed to be made, specifying to what the payment relates and the basis on which that amount is calculated ( Contractor s Payment Notice ). It is immaterial that the amount may be zero If the Contractor fails to give a Contractor s Payment Notice in accordance with Clause 30.8, the EC Sub- Contractor may at any time after the expiry of the 5 day period referred to in Clause 30.8, issue a default payment notice. The fi nal date for payment under Clause 30.7 shall be postponed by the number of days between the expiry of the 5 day period referred to in Clause 30.8 and the date the EC Sub-Contractor issues his default payment notice With the exception of the retention money and the discount the Contractor may not withhold payment after the fi nal date for payment referred to in Clause 30.7 of a sum due under this EC Sub-Contract unless the Contractor has, not later than 2 days before the fi nal date for payment, given a pay less notice to the EC Sub-Contractor specifying the amount or amounts not being paid and the basis or bases for non-payment Unless stated otherwise in the Particulars to be applicable the Contractor shall operate their procedure for Value Added Tax Self Billing and the EC Sub-Contractor consents to such operation in relation to this EC Sub-Contract. The EC Sub-Contractor will be required to issue to the Contractor all information necessary to ensure compliance with this procedure in suffi cient time to allow its effective implementation. All applications for payment by the EC Sub-Contractor must not be in the form of a VAT invoice. The EC Sub-Contractor shall be deemed to not have issued a proper application for payment if it shall take the form of a VAT invoice and accordingly no payment(s) shall become due. The EC Sub-Contractor shall notify the Contractor immediately if either the EC Sub-Contractor s VAT registration number is cancelled or the EC Sub-Contractor is issued with a new VAT number PAYMENT FOR MATERIALS OFF SITE 31.1 Where the EC Sub-Contractor makes application to the Contractor for payment for materials or goods not delivered to the site at the time of submitting such application, then the application for payment must be accompanied by a completed current revision of the Contractors Form of Agreement and Certifi cate of Indemnity for Materials and/or Goods Stored Off Site (or such other document as may be reasonably required of the Contractor under the Main Contract) from the EC Sub-Contractor certifying that such materials or goods are free from any reservation of title claim, charge or encumbrance and that the EC Sub-Contractor can pass a good title. Upon payment, which shall be solely at the Contractor s discretion, for the goods or materials by the Contractor to the EC Sub-Contractor, the property in the goods or materials shall pass unreservedly to the Contractor and they shall be set aside, properly marked as being the property of the Contractor and a certifi cate of ownership shall be given to the Contractor Until the date of commencement of the Defects Liability Period such goods or materials shall be insured by the EC Sub-Contractor against loss or damage by any cause whatsoever. Version 11 20

26 32.0 PAYMENT OF SUPPLIERS 32.1 If the EC Sub-Contractor is causing or is likely to cause delays to the Contractor under the Main Contract by not paying for materials or services supplied or to be supplied under this EC Sub-Contract the Contractor may pay for materials or services supplied or to be supplied under this EC Sub-Contract directly to the supplier of those materials or services that would otherwise be paid by the EC Sub-Contractor. Any such sums paid will be recovered from the EC Sub-Contractor as a debt due or from monies otherwise due or becoming due to the EC Sub-Contractor. Any such payments shall not relieve either the EC Sub-Contractor or the Contractor of any rights, obligations or remedies that may exist under this EC Sub-Contract, unless otherwise agreed between the parties The EC Sub-Contractor shall not be entitled to receive any mark-up for overheads and/or profi t or loss of profi t on the sums paid by the Contractor pursuant to this clause INTEREST 33.1 If the Contractor fails to pay the amount due, or any part thereof, by the fi nal date for payment the Contractor shall pay, in addition to the amount not properly paid, simple interest thereon for the period until such payment is made. The rate of interest payable is 2% over the Base Rate of the Bank of England which is current at the date the payment became overdue. The parties agree that this clause 33.1 is a substantial remedy for late payment of any sum under the EC Sub-Contract in accordance with the provisions of s.8(2) of the Late Payment of Commercial Debts (Interest) Act Version 11 21

27 SECTION 6 - PARTICULAR POWERS AND REMEDIES 34.0 DETERMINATION OF THE CONTRACTOR S MAIN CONTRACT 34.1 If the Main Contract Works are abandoned or the Main Contract or the Contractor s employment there under is determined by either party to the Main Contract before the EC Sub-Contractor has fully performed its obligations under this EC Sub-Contract then the employment of the EC Sub-Contractor shall thereupon be automatically determined and the EC Sub-Contractor shall be entitled to be paid the aggregate of the sums detailed in Clauses to Clauses of this clause less the aggregate of any payments previously made under this EC Sub-Contract less any sums that the Contractor may be entitled to recover, deduct, abate or set-off as provided for in the EC Sub-Contract and less the sums set out in Clause (except Clause thereof). Payments referred to in this clause shall be made at the times specifi ed in Clause The value of the EC Sub-Contract Works completed at the date of such determination; and The value of work begun and executed but not completed at the date of such determination; and The value of the unfi xed materials and goods not prematurely delivered upon the site for use in the EC Sub-Contract Works the property in which has passed to the Employer under the provisions of the Main Contract; and The cost of materials or goods properly and necessarily ordered for the EC Sub-Contract Works for which the EC Sub-Contractor shall have paid or of which he is legally bound to accept delivery provided that on such payment by the Contractor any materials or goods so paid for shall become the property and possession of the Contractor; and Any reasonable cost properly incurred by the EC Sub-Contractor in the removal from the site of the EC Sub-Contractor s temporary buildings plant equipment appliances goods and materials If the Main Contract Works are abandoned or the Main Contract or the Contractor s employment there under is determined by the Employer in consequence of any breach of the EC Sub-Contract by the EC Sub-Contractor then the provisions as to payment set out in Clause 34.1 shall not apply but the rights of the Contractor and the EC Sub-Contractor shall be those set out in Clause Notwithstanding anything to the contrary elsewhere in the EC Sub-Contract if the Employer becomes insolvent the Contractor shall not be obliged to make any further payment to the EC Sub-Contractor of any amount which is due or may become due to the EC Sub-Contractor unless the Contractor has received payment in respect thereof from the Employer and then only to the extent of such receipt. For the purposes of these terms and conditions, a Party is insolvent if: he enters into an arrangement, compromise or composition in satisfaction of his debts (excluding a scheme of arrangement as a solvent company for the purposes of amalgamation or reconstruction); or without a declaration of solvency, he passes a resolution or makes a determination that he be wound up; or he has a winding up order or bankruptcy order made against him; or Version 11 22

28 he has appointed to him an administrator or administrative receiver; or he enters into administration within the meaning of Schedule B1 of the Insolvency Act 1986 (as amended by the Enterprise Act 2002) has a provisional liquidator appointed, or he is the subject of any analogous arrangement, event or proceedings in any other jurisdiction; or (additionally, in the case of a partnership) each partner is the subject of any individual arrangement or any other event or proceedings referred to in Clause Notwithstanding anything else to the contrary elsewhere in this EC Sub-Contract, if the Contractor s employment is determined by either party to the Main Contract, and if the Main Contract allows for the EC Sub-Contract to be assigned or novated to the Employer or any other party who the Employer nominates, the Contractor may by written notice forthwith assign or novate the EC Sub-Contract. For the avoidance of doubt, this EC Sub-Contract is not assigned or novated until the EC Sub-Contractor has received written notice from the Contractor 35.0 DETERMINATION OF THE EC SUB-CONTRACT BY THE CONTRACTOR 35.1 Without prejudice to any other rights and remedies the Contractor may by 7 days written notice to the EC Sub- Contractor forthwith determine the EC Sub-Contractor s employment under the EC Sub-Contract in the event of any one of the following matters arising: The EC Sub-Contractor fails to proceed regularly and diligently with the EC Sub-Contract Works after being required in writing to do so The EC Sub-Contractor without reasonable cause suspends or abandons the carrying out of the EC Sub- Contract Works The EC Sub-Contractor refuses or persistently neglects after notice in writing from the Contractor to remove defective work or improper materials There is material breach by the EC Sub-Contractor of any of the terms or conditions of this EC Sub- Contract The EC Subcontractor becomes Insolvent. For the purposes of these terms and conditions, the EC Sub- Contractor is Insolvent if he is the subject of any event or proceedings referred to in Clauses to The EC Sub-Contractor fails to register, lodge notifi cation, obtain exemption or observe similar procedures (whether compulsory or discretionary) under or to comply with the requirements of any Act of Parliament affecting persons fi rms or companies in the construction industry where the same renders the Contractor liable to the payment of any levy and/or tax imposed or other such sum or gives the Contractor the right to make a deduction from any sum due to the EC Sub-Contractor by reason of such Act of Parliament.. Version 11 23

29 35.2 Upon the determination of the EC Sub-Contractor s employment under the EC Sub-Contract pursuant to Clause 35.1 of this clause the Contractor may take possession of all the EC Sub-Contractor s materials, equipment, plant, appliances and other things whatsoever brought onto the site by the EC Sub-Contractor and may use them for the purpose of executing, completing and maintaining the EC Sub-Contract Works and may sell all or any of them and apply the proceeds in or towards the satisfaction of monies otherwise due to the Contractor from the EC Sub-Contractor. The EC Sub-Contractor shall at no time bring any materials, equipment, plant, appliances and other things whatsoever on to the site unless the above right has been reserved to the Contractor in respect of all and each of them. Further the EC Sub-Contractor shall, if required by the Contractor, assign to the Contractor, or any other person business or company to whom the Contractor may require the EC Sub-Contractor to assign under the terms of the Main Contract, without payment the benefi t of any agreement or contact for the supply of labour materials equipment plant appliances or other things or work to be done and shall ensure prior to the commencement of the EC Sub-Contract that such benefi ts can be assigned Where the EC Sub-Contractor s employment under the EC Sub-Contract is determined pursuant to Clause 35.1 no further sum shall become due until all of the costs, losses and/or expenses incurred by the Contractor in completing the EC Sub-Contract Works have been ascertained. Following such termination the aforesaid costs, losses and/or expenses together with a reasonable sum by way of overhead costs and supervision charges shall be set-off against any monies due or to become due to the EC Sub-Contractor and, so far as not satisfi ed by any such set-off, shall be payable by the EC Sub-Contractor to the Contractor on demand without prejudice to any other claim or right of action which the Contractor may have against the EC Sub-Contractor If the EC Sub-Contractor is insolvent or subject to any of the events or proceedings referred to in Clauses to then the provisions of this EC Sub-Contract which require any further payment or release of retention shall cease to apply DETERMINATION OF THE EC SUB-CONTRACT BY THE EC SUB-CONTRACTOR 36.1 If the Contractor fails to make payment in accordance with the EC Sub-Contract then the EC Sub-Contractor may give to the Contractor a notice specifying the default or defaults (the specifi ed default or defaults ) If a specifi ed default continues for 14 days from receipt of notice under Clause 36.1 then the EC Sub- Contractor may on, or within 10 days from, the expiry of that 14 day period by a further notice to the Contractor terminate the EC Sub-Contractor s employment under this Sub-Contract A notice of determination under Clause 36.2 shall not be given unreasonably or vexatiously RIGHTS OF THIRD PARTIES 37.1 A person who is not a party to this EC Sub-Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms RIGHT TO EMPLOY OTHERS 38.1 The Contractor acting reasonably may, at any time after 7 days notice in writing to the EC Sub Contractor, supplement the resources of the EC Sub-Contractor where the EC Sub-Contractor in the opinion of the Contractor is causing a delay or otherwise not progressing with the EC Sub-Contract Works at the required rate, and/or may omit any part of the EC Sub-Contract Works from the EC Sub-Contract and the Contractor may employ others to execute, complete and maintain such part. The Contractor may recover from the EC Sub-Contractor as a debt due or deduct from monies otherwise due or becoming due to the EC Sub- Contractor all reasonable costs incurred in so doing. Version 11 24

30 39.0 RIGHT TO SUSPEND 39.1 Where any sum due under this EC Sub-Contract is not paid in full by the fi nal date for payment under Clause 30.7 or if no effective notice is given under Clause following the EC Sub-Contractor having issued an effective default payment notice under Clause 30.9, then the EC Sub-Contractor shall be entitled (without prejudice to any other right or remedy) to suspend performance of any or all of its obligations under this EC Sub-Contract after the expiry of not less than 7 days written notice, which shall be sent by registered delivery to the registered offi ce of the Contractor (for the attention of the Directors), of an intention to suspend performance of any or all of its obligations under this EC Sub-Contract stating the grounds upon which it is intending to suspend performance. The right to suspend performance shall cease when the Contractor makes payment in full of the amount due under the terms of the EC Sub-Contract SETTLEMENT OF DISPUTES 40.1 The Contractor and EC Sub-Contractor may by agreement seek to resolve any dispute or difference arising under the EC Sub-Contract through mediation If a dispute or difference arises under the EC Sub-Contract which either the Contractor or the EC Sub- Contractor wishes to refer to adjudication, Part 1 of the Schedule to The Scheme for Construction Contracts (England and Wales) Regulations 1998 ( the Scheme ) shall apply. The nominating body for the purposes of paragraph 2(1) (b) of the Scheme shall be by the President or Vice President for the time being of the Royal Institution of Chartered Surveyors If any adjudicator appointed in connection with Clause 40.2 above fails to give his decision in accordance with the provisions of paragraph 20 of the Scheme, all disputes and differences under Clause 40.2 shall be referred to and settled by a person to be appointed in accordance with the provisions of paragraph 2(1) (b) of the Scheme by the President or Vice President for the time being of the Royal Institution of Chartered Surveyors Subject to the above, any dispute or difference which arises between the Contractor and the EC Sub- Contractor shall be referred to the High Court of England and Wales for resolution as business of the Technology and Construction Court. Version 11 25

31 SECTION 7 - PERFORMANCE BOND, PARENT COMPANY GUARANTEE AND COLLATERAL WARRANTIES 41.0 PERFORMANCE BOND 41.1 Where this clause is stated in the Particulars to be applicable the EC Sub-Contractor shall, within 21 days of the acceptance of the tender, deliver to the Contractor a performance bond in the form prescribed by the Contractor from a reputable Insurance or Underwriting Company to the reasonable approval of the Contractor or a major London clearing Bank, in an amount of 10% of the EC Sub-Contract Sum (or such other percentage as is stated in the Particulars to the EC Sub-Contract). If the EC Sub-Contractor fails to provide a performance bond in accordance with this clause then the Contractor is entitled to withhold any further payment that is due or is to become due to the EC Sub-Contractor under the terms of this EC Sub-Contract, such amount being in addition to any other amounts properly withheld under this EC Sub-Contract, or the Contractor may determine the employment of the EC Sub-Contractor in accordance with Clause PARENT COMPANY GUARANTEE 42.1 Where this clause is stated in the Particulars to be applicable the EC Sub-Contractor shall, within 21 days of the acceptance of the tender, deliver to the Contractor a parent company guarantee, in the form prescribed by the Contractor, from its ultimate holding company (if any). If the EC Sub-Contractor fails to provide a Parent Company Guarantee in accordance with this clause then the Contractor is entitled to withhold any further payment that is due or is to become due to the EC Sub-Contractor under the terms of this EC Sub-Contract, such amount being in addition to any other amounts properly withheld under this EC Sub-Contract, or the Contractor may determine the employment of the EC Sub-Contractor in accordance with Clause COLLATERAL WARRANTIES 43.1 The EC Sub-Contractor shall provide within 7 days from written request from the Contractor, a warranty or warranties in the form prescribed by the Contractor in favour of any Employer, Funder, Purchaser and/or Tenant of the site or any part thereof or any other party the Contractor may reasonably require The EC Sub-Contractor shall ensure that any consultant or design agreement between them and any party carrying out design works on their behalf in relation to the EC Sub-Contract Works shall contain obligations on the relevant party or parties to execute, in favour of the Contractor, Employer, Funder, Purchaser and/or Tenant of the site or any part thereof or any other party the Contractor may reasonably require, a warranty or warranties in the form prescribed by the Contractor and deliver the same to the Contractor within 7 days from written request from the Contractor. Version 11 26

32 43.3 The EC Sub-Contractor shall ensure that any, sub-contract or supply contract placed by them in relation to the EC Sub-Contract Works shall contain obligations on the relevant party or parties to execute, in favour of the Contractor, Employer, Funder, Purchaser and/or Tenant of the site or any part thereof or any other party the Contractor may reasonably require, a warranty or warranties in the form prescribed by the Contractor and deliver the same to the Contractor within 7 days from written request from the Contractor. If, despite the EC Sub-Contractor having used such reasonable endeavours, the subcontractor or supplier will not accept such obligations, or will only accept them in a modifi ed form, the EC Sub-Contractor shall notify the Contractor, who may agree in writing that the relevant subcontract or supply contract need not obtain such obligations, or that the relevant obligations may be in a modifi ed form Failing such agreement by the Contractor the EC Sub-Contractor shall not enter into a relevant agreement, sub-contract or supply contract with that sub-contractor or supplier The above obligations for the provisions of the warranties, deeds and guarantees shall continue notwithstanding determination of the Contracts for any reason whatsoever, including (without limitation) breach by the Contractor If the EC Sub-Contractor fails to provide any warranties in accordance with this clause 43 then the Contractor is entitled to withhold any further payment that is due or is to become due to the EC Sub-Contractor under the terms of this EC Sub-Contract, such amount being in addition to any other amounts properly withheld under this EC Sub-Contract, or the Contractor may determine the employment of the EC Sub-Contractor in accordance with Clause 35. Version 11 27

33 SECTION 8 - LAWS AND LEGISLATION 44.0 BRIBERY ACT 44.1 The EC Sub-Contractor warrants that: It will not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010; It has and will maintain in place adequate procedures (adequate procedures as referred to in section 7(2) of the Bribery Act 2010 and any guidance issued by the Secretary of State under section 9 of the Bribery Act 2010), designed to prevent any associated person (associated person meaning the EC Sub-Contractor s persons and persons of any related company of the EC Sub-Contractor where related company means any Subsidiary Undertaking of the EC Sub-Contractor, any Parent Undertaking of the EC Sub-Contractor and any Subsidiary Undertaking of that Parent Undertaking where the expressions Parent Undertaking and Subsidiary Undertaking have the meaning given to them in Section 1162 of the Companies Act 2006 and undertaking has the meaning given to it in Section 1161 of that Act) from undertaking any conduct that would give rise to an offence under section 7 of the Bribery Act 2010; From time to time, at the reasonable request of the Contractor, it will confi rm in writing that it has complied with its undertakings under this clause 44 and will provide any information reasonably requested by the Contractor in support of such compliance; and It will inform the Contractor, as soon as it becomes aware of same, of any potential or actual breach of this clause MODERN SLAVERY ACT 45.1 The Contractor operates an anti-slavery and human traffi cking policy throughout its business. The EC Sub- Contractor accepts that it will conform to that policy. The EC Sub-Contractor will not engage in any activity, practice or conduct which would constitute an offence under the Modern Slavery Act From time to time, at the reasonable request of the Contractor, the EC Sub-Contractor will confi rm, in writing, that it has complied with its undertaking under this clause and will provide any information reasonably requested by the Contractor in support of such compliance. The EC Sub-Contractor will inform the Contractor as soon as it becomes aware of any potential, or actual, breach of this clause LEGISLATION 46.1 All legislation referred to in these Conditions should be read as the legislation in its current/amended format GOVERNING LAW AND JURISDICTION 47.1 This Agreement shall be governed by and construed in all respects in accordance with the laws of England. Version 11 28

34 Sub-Contract Preliminaries

35 Sub-Contract Preliminaries These preliminaries are to be read in conjunction with the Ellmer Construction Sub-Contract conditions insofar as they relate to the Sub-Contract Works. 1.0 SITE CONDITIONS The Sub-Contractor is deemed to have visited the site before tendering and allowed for all working conditions, accessibility, surroundings and the nature of the ground. No claims in respect of lack of knowledge of these matters will be considered. Arrangements to visit the site must be made in advance by appointment with Ellmer Construction. 2.0 MAIN CONTRACT The Main Contract Particulars (except commercially sensitive data) is available for inspection at the Project office by appointment. The Sub-Contractor is deemed to have full knowledge of the content therein. The Sub-Contractor will be issued with a selection of the drawings. The balance are available for inspection at the Project office by appointment. The Sub-Contractor is deemed to have inspected these drawings as no claim for want of information contained on these drawings will be entertained. 3.0 SUB-CONTRACT The Sub-Contractor is to allow for the fact that the provisions of the Ellmer Sub-Contract will be applicable and take precedence over all conditions submitted by the Sub-Contractor with their tender. The Sub-Contract is available for download at the following address: If you are unable to access this a hard copy can be provided to you upon request. For the avoidance of doubt the Sub-Contractor is deemed to have viewed and accepted the Ellmer Sub-Contract and no amendments will be entertained once you have received your order or commenced on-site (whichever occurs first). 4.0 HEALTH, SAFETY & ENVIRONMENTAL The Sub-Contractor will abide by the provisions of the Ellmer Construction Sub-Contractor Health, Safety & Environmental Standard and the Ellmer Construction Safety Management System. 5.0 EXISTING SERVICES Allow for locating, protecting, upholding and maintaining all existing service pipes, cables, ducts, sewers, service mains and overhead cables as required during the execution of the Sub-Contract Works. Any Sub-Contract works connected with the drainage / sewer system shall be preceded by a CCTV survey undertaken by the Sub-Contractor at his cost. Upon completion of any such works a further CCTV survey shall be commissioned by the Sub-Contractor to demonstrate the integrity of the drains. The Sub-Contractor shall be responsible for any damage or consequential costs incurred due to non-compliance with the above clause and shall make good any damage and pay any such consequential costs at his own expense to the satisfaction of Ellmer Construction, Authority or Owners as the case may be. Revision 1.3 1

36 Sub-Contract Preliminaries 6.0 ADJACENT BUILDING OCCUPIERS Allow for taking all precautions to protect the occupiers of adjacent land and buildings in the vicinity, and the general public from any discomfort, disturbance, trespass or nuisance whatsoever or howsoever arising from the Sub-Contract Works. Allow for taking all precautions to ensure that noise, smoke, dust or noxious fumes are kept to an absolute minimum and for compliance with all appropriate legislation. The Sub-Contractor will be held liable for any nuisance to or trespass on adjoining property arising from or by reason of the execution of the Sub-Contract Works and they must take all necessary steps to prevent any such trespass or nuisance being committed. 7.0 MAINTENANCE OF ROADS, DRAINS AND SEWERS Allow for maintaining public and private roads, footpaths and kerbs, and keeping the approaches to the Site clear of mud. Allow for making good any damage caused by reason of the Sub-Contract Works and paying all costs and charges in connection therewith. Allow for sufficient labour and equipment to wash the wheels of emerging vehicles prior to rejoining the public highway. The Sub-Contractor shall ensure that any effluent arising from the Works shall not be harmful to or cause obstruction or deposit in drains or sewers. The Sub-Contractor shall allow where necessary silt traps or the like to ensure that no harmful substances are discharged onto the drains. 8.0 TEMPORARY FACILITIES The temporary facilities provided by Ellmer Construction are for common use and therefore the Sub-Contractor is to take all reasonable precautions to ensure that these facilities will not be damaged or vandalised by the carrying out of his works and / or site operatives. The cost of reinstatement of any item damaged due to proven negligence or misuse will be charged to the Sub-Contractor responsible. The Sub-Contractor shall provide such measures as are necessary to recoup any time lost due to emergency evacuations of the site, power failures, tower crane and hoist down-time, at no extra cost. No claims for additional cost under these headings will be entertained by Ellmer Construction. 9.0 TEMPORARY POWER If it is intended that Ellmer Construction will supply 110V single phase electricity to the works, this will be via suitably positioned MDU boards and transformer units. It will be the responsibility of the sub-contractors to provide extension leads as necessary to their work-faces. The Sub-Contractor is to allow for providing all necessary additional light and power supplies, including welding points, fittings, etc. as may be required for the Sub-Contract Works and for maintaining, clearing away and making good on completion. Revision 1.3 2

37 Sub-Contract Preliminaries Ellmer Construction cannot guarantee electric supply the Sub-Contractor is deemed to have allowed for providing their own power source in the event that the supply is no longer provided. For the avoidance of doubt if for any reason the supply is temporarily or permanently stopped then no claims for additional costs will be entertained by Ellmer Construction TEMPORARY WATER Ellmer Construction will provide water for construction purposes at designated locations and for designated durations. The Sub-Contractor will be responsible for the transfer of water from the designated locations to the workfaces. If the Sub-Contractor requires temporary water supplies outside of the designated durations he is deemed to have made all due allowance for it. Ellmer Construction cannot guarantee the water supply. The Sub-Contractor is deemed to have allowed for providing their own water in the event that the supply is no longer provided. For the avoidance of doubt if for any reason the supply is temporarily or permanently stopped then no claims for additional costs will be entertained by Ellmer Construction TEMPORARY SAFETY LIGHTING Safety lighting will be provided to all access routes and staircases throughout the site to the required safety lighting levels, plus emergency lighting to all escape routes. The Sub-Contractor will be responsible for providing the task lighting required for their Sub-Contract works HOISTS Where Ellmer Construction provide common user hoisting facilities the Sub-Contractor will be provided with dates when they are to be available. The dates are indicative only and may be altered by Ellmer Construction to suit site conditions and progress. Those Sub-Contractors with work activities falling outside these periods shall make all necessary supplemental allowances for hoisting materials and equipment when the common user hoists are not operational. Allocation of usage of these facilities amongst the Sub-Contractors shall be dealt with through a strict booking system administered by Ellmer Construction. Whilst all reasonable efforts will be made to ensure the operation of the hoists (where provided) Ellmer Construction will accept no claims based on down time for maintenance (routine or otherwise), damage (wilful or accidental), power cuts, breakdowns, etc. For the avoidance of doubt the Sub-Contractor ultimately has full responsibility for providing there own hoisting facilities TOWER CRANES Where Ellmer Construction provide common user tower cranes the Sub-Contractor will be provided with dates when they are to be available. The dates are indicative only and may be altered by Ellmer Construction to suit site conditions and progress. The allocation of 'hook time' shall be dealt with through a strict booking system administered by Ellmer Construction on a weekly basis. Revision 1.3 3

38 Sub-Contract Preliminaries Ellmer Construction's responsibility for providing equipment will terminate at the hook. Therefore, the Sub- Contractor is to allow for all chains, slings, man riders, skips, etc. to safely carry out lifting operations. The Sub- Contractor shall be responsible for slinging his own lifts and providing a banksman. All slinging and banking shall be undertaken by CITB certified personnel. Whilst all reasonable efforts will be made to ensure the operation of the tower cranes (where provided) Ellmer Construction will accept no claims based on down time for maintenance (routine or otherwise), damage (wilful or accidental), power cuts, breakdowns, winding off, etc. For the avoidance of doubt the Sub-Contractor ultimately has full responsibility for providing their own crane facilities (whether that be tower or mobile). If the Sub-Contractor is supplying there own cranes they are fully responsible for providing power and obtaining all necessary permissions to enable the erection, operation and dismantling of the cranes CRANE AND HOIST TIMES AND SCHEDULING At the time of tender the Sub-Contractor is required to state the amount of crane and hoist time required for the Works. Ellmer Construction will use this information to plan crane and hoist schedules. Ellmer Construction shall be the final arbiter on daily scheduling of each Sub-Contractor's requirements. The Sub-Contractor is to advise of any heavy items being delivered and the approximate weight WELFARE FACILITIES Ellmer Construction will provide shared toilet, canteen, washing & drying facilities for use by Sub-Contractors on site. The Sub-Contractor will provide his own First Aid equipment on site. The Sub-Contractor is to allow for at least one of his work force on site to be a trained 'First Aider' at all times. If the Sub-Contractor's labour force exceeds 50 No. the ratio of first aiders to workforce shall be no less than 1: TEMPORARY OFFICES The Sub-Contractor is to allow for providing any temporary office accommodation they require. The on-site location of any temporary offices will be at the sole discretion of the Ellmer Construction Project Manager. If necessary, the Sub-Contractor is to allow for off-site offices TASK LIGHTING The Sub-Contractor will be responsible for all task lighting required for the safe and efficient execution of the Sub-Contract Works. Working under safety lighting levels will not be permitted TOOLS, PLANT & EQUIPMENT The Sub-Contractor shall allow for providing all plant, implements, tools, tackle, machinery and vehicles and all carriage, freightage and whatever else may be required for the proper and efficient execution and completion of the Sub-Contract Works. Revision 1.3 4

39 Sub-Contract Preliminaries 19.0 SAFETY AND ACCESS SCAFFOLDING External common user scaffolding over 3.5m will be provided by Ellmer Construction unless specified or agreed otherwise. The Sub-Contractor is to submit details with his tender of his scaffolding requirements. Failure to do so will leave the Sub-Contractor liable for the cost of scaffold amedments or additional scaffolding not allowed for by Ellmer Construction in their preliminaires. The Sub-Contractor shall allow for providing all other scaffold, access platforms or cherry pickers required to carry out the Sub-Contract Works and the Sub-Contractor is to provide suitable trained/certified personnel to erect, maintain or operate such plant CLEAN-UP GANG The Sub-Contractor shall allow for all rubbish arising from the Sub-Contract Works and his operatives to be cleared progressively and deposited in skips provided by Ellmer Construction unless specified or agreed otherwise. Exceptions to the above include asbestos removal and groundworks Sub-Contractors who shall allow for the removal of all rubbish, excavations and arisings. The Sub-Contractor will comply with the requirements of the Site Waste Management Plan and the reasonable requirements of the Project Manager. Pallets are to be removed from site by the Sub-Contractor or his material supplier PERSONAL PROTECTIVE EQUIPMENT The Sub-Contractor's shall be responsible for ensuring that all of their site staff are issued with protective equipment of safety footwear, hard hat, gloves, goggles and a high visibility vest bearing the Sub-Contractor's company logo. In addition, the Sub-Contractor shall be responsible for ensuring that all operatives, including their own Sub-Contractor's, shall be issued with the same protective equipment plus, as necessary: protective clothing, harnesses, ear defenders, etc TEMPORARY HEATING & DEHUMIDIFICATION The Sub-Contractor shall dry out as necessary to facilitate progress and satisfactory completion of the Sub- Contract works MEASURING AND INSPECTING THE SUB-CONTRACT WORKS Allow for providing all necessary facilities for measuring and inspecting the Sub-Contract works by Ellmer Construction and the Employer and/or other Consultant's during construction, manufacture and/or assembly at all reasonable times and also during the defects liability period SAFEGUARDING THE SUB-CONTRACT WORKS The Sub-Contractor shall allow for safeguarding the Sub-Contract Works, materials and plant against damage, fire or theft including all necessary watching and lighting for the security of the Sub-Contract Works and the protection of the public. Only flame retardant protection materials shall be used. Allow for the safe custody and storage of all the Sub-Contract materials and equipment. Revision 1.3 5

40 Sub-Contract Preliminaries 25.0 SCHEDULE OF INFORMATION REQUIRED DATES FROM ELLMER CONSTRUCTION The Sub-Contractor is to identify those dates by which they will expect to receive drawings, data, approvals, instructions and the like from Ellmer Construction, or his Consultants, in order to achieve the timely execution of the Sub-Contract works. The schedule shall be to a realistic co-ordinated timetable that does not call for information unnecessarily early SUBMISSION OF MANUFACTURING & INSTALLATION DRAWINGS The Sub-Contractor shall produce a schedule that indicates the dates on which they shall submit shop drawings and samples for such items of work to Ellmer Construction to review. This schedule shall also allow for resubmission of shop drawings and samples which may be unacceptable. Shop drawings shall establish the actual detail of all manufactured or fabricated items. The term 'shop drawings' as used herein includes fabrication, erection, working, installation, coordination and layout drawings; Manufacturers' standard drawings, schedules, descriptive literature, catalogues and brochures; performance and test data; wiring and control diagrams; all other drawings and descriptive data pertaining to materials; equipment, piping, duct and conduit systems and methods of construction as may be required to show that the materials, equipment or systems and the positions thereof conforms to the Contract requirements, the drawings of any Specification or document incorporated in any Sub-Contract under the terms and conditions of this Agreement. As used herein, the term 'manufactured' applies to standard units, usually mass produced and 'fabricated' means items specifically assembled or made out of selected materials to meet individual design requirements. The term 'samples' as used herein includes natural materials fabricated items, equipment, devices, appliances or parts thereof as called for in the Specification and any Specifications or Document incorporated in any Sub- Contract and any other samples as may be required by the Architect to determine whether the kind, quality construction, workmanship, finish, colour and other characteristic of the materials, etc. proposed by the Sub- Contractor conform to the requirements of the Sub-Contract. Samples shall establish the kind, quality and other required characteristics of the various parts of the work and all work shall be in accordance with the accepted samples. The Sub-Contractor shall issue schedules of commissioning activities identified for the successful handover of installations or systems APPROVALS PROCEDURE Within 2 weeks after the submission of a shop drawing or sample to him, Ellmer Construction shall return the same to the Sub-Contractor with the Architect's stamp and signature indicating 'A Status', 'B Status' or 'C Status'. The term 'A Status', 'B Status' and 'C Status' referred to shall bear the following meanings:- 'A Status' - The Sub-Contractor may proceed to authorise fabrication, manufacture and / or construction providing that the work is in compliance with the Sub-Contract and this Specification. Ellmer Construction's final acceptance of the work will be contingent upon such compliance. 'B Status' - The drawing is approved subject to the comments shown. The Sub-Contractor should re-submit the drawing incorporating the comments. Revision 1.3 6

41 Sub-Contract Preliminaries The Sub-Contractor may not proceed to authorise fabrication, manufacture and / or construction until the drawing has been re-submitted and accorded 'A Action' status. 'C Status' - The Sub-Contractor shall not authorise work to be fabricated, manufactured and / or constructed. Drawings must be re-submitted immediately incorporating all comments shown. The Sub-Contractor shall be responsible for providing prints of all shop drawing stamped 'A Status' and for distribution to his Sub-Sub-Contractors and material Suppliers. Ellmer Construction shall review shop drawings and samples to satisfy himself that they are in general accordance with the Sub-Contract and the Specification but neither such review nor the Architect's stamp and signature shall relieve the Sub-Contractor or materials Supplier from responsibility for:- i) any deficiency or inaccuracy or non-compliance with Conditions or the Specification. ii) any error in the proper fixing of the Works. iii) the necessity of providing any work required by the Sub-Contract or the Specification not indicated on the shop drawings when reviewed by Ellmer Construction and/or Architect. For the avoidance of doubt Ellmer Construction are not and will not approve dimensions on drawings. In any case in which a shop drawing or sample is stamped by 'C Action' by the Architect the Sub-Contractor shall as soon as may be submitted, issue an amended shop drawing or sample to Ellmer Construction ELECTRONIC DOCUMENT SYSTEM An electronic document image management system may be used to manage the Project. All Sub-Contractors are to use computer systems for the production and receipt of all information. The Sub-Contractor is to ensure that their systems are compatible with the image management system, of sufficient capacity and have adequate speed for connection & operation. Sub Contractors will be required to make all necessary arrangements to develop their own operation and support capabilities to enable the electronic data management to operate. The Sub Contractor is to allow for any training and on going support that is required SUBMISSION OF AS-BUILT DRAWINGS & RECORDS The Sub-Contractor is required to prepare comprehensive instruction manuals of operating and servicing instructions in a format to be agreed with Ellmer Construction. These are to be handed to Ellmer Construction four weeks before practical completion of the Sub-Contract works. Failure to do so may lead to payments being withheld in line with the Sub-Contract conditions. The Sub-Contractor is required to prepare one electronic and one hard copy of 'as built' drawings and hand them to Ellmer Construction, upon completion of the Sub-Contract Works. Revision 1.3 7

42 Sub-Contract Preliminaries At completion of the Sub-Contract Works each Sub-Contractor shall certify the endorsement thereof that each of the revised prints of the drawing and specifications and documents or manuals for final payment and as a condition to its approval by the Architect, each Sub-Contractor shall deliver the aforementioned documents, arranged in proper order, indexed and endorsed as described, to Ellmer Construction who will review them for completeness. A copy of all record drawings and documentation shall be issued to Ellmer Construction by the Sub-Contractor in CD format, or other approved transfer, on completion of the works SECURITY The Sub-Contractor shall provide all measures necessary to maintain the security of the Works and shall ensure that he does not cause anything to be done that will impair the security of the Site. The Sub-Contractor will comply with Ellmer Construction's requirements concerning security as may be in force during the progress of the Works TRAFFIC FLOW The Sub-Contractor will be responsible for the costs of obtaining all necessary Local Authority, Police and other approvals in respect of deliveries to the Site and shall comply with the requirements thereof. All such approvals shall be obtained via Ellmer Construction and the Sub-Contractor shall advise Ellmer Construction in sufficient time to allow any such approvals to be obtained to meet the Sub-Contractor's Programme PROGRAMMES The Sub-Contractor must allow for producing Critical Path Studies or other approved form of network analysis programmes for the Sub-Contract Works. Allow in pricing the items in the Preliminaries for as many visits to the site as may be required to meet the overall programme requirements and will be required to co-ordinate his works with that of the other Sub-Contractors. Allowance should be made for any out of sequence working necessary to ensure the flexibility required by Ellmer Construction's programming of the Works. Allow for preparing from the above network analysis detailed programmes in the form of bar charts or similar showing the sequence of operations to be followed in carrying out the Sub-Contract Works. The Sub-Contractor will be required to prepare and issue a comprehensive, accurate and resourced programme of all his activities. These will include activities on and off site, information requirements, materials deliveries, fabrication, testing, commissioning arrangements, labour and supervision strength etc. The whole of the above will need to be agreed with Ellmer Construction METHOD STATEMENTS & RISK ASSESSMENTS The Sub-Contractor is required to prepare written method statements and risk assessments in the agreed format explaining his intention with regard to all aspects of his work, including his staffing, sequences, methods of working, protection, inspection, distribution, quality control and other aspects. The whole of the above to be issued to Ellmer Construction in good time for review and approval prior to the commencement of the Sub- Contract Works. Revision 1.3 8

43 Sub-Contract Preliminaries Acceptance of these proposals will not vary the Sub-Contractor's obligations under the Sub-Contract. The Sub-Contractor shall, within the method statement, indicate dates, locations and procedure to be employed during the installation of his Works and state any specific co-ordination requirements with other trades. In addition the Sub-Contractor must state his procedure in respect of clearing of snagging items and achieving handovers including the labour resources and supervision specifically allocated to this task. Alterations/deviations from working practices described within Method Statements must be supported by an addendum identifying said works. The Sub-Contractor's method statement will not be incorporated into or form part of this Sub-Contract unless specifically agreed and accepted by Ellmer Construction SUB-CONTRACTOR'S SITE MANAGEMENT Allow for competent on and off site supervisory, administrative, planning and technical staff for the duration of the Sub-Contract works and thereafter as required. The Sub-Contractor will be required to employ competent staff for the performance of his primary management functions and these should include resident site supervision and executive representation relating to management and surveying. The names of the Sub-Contractor's representatives appointed to perform the various management functions are to be notified to Ellmer Construction prior to the commencement of the Sub-Contract, together with contact telephone numbers MAINTAINING SITE RECORDS 35.1 Labour returns Allow for keeping daily records of the number of men employed each day on the Sub-Contract Works. The Sub- Contractor will be required to provide to Ellmer Construction by 10.00am Monday of each week a summary of the numbers of men employed during the previous week detailing the names, grades and actual hours worked for each operative. Delivery notes of all materials and records of any materials removed shall be made available for inspection if so required Staff allocation In addition to providing weekly labour returns the Sub-Contractor shall report on associated supervision levels during the week PROGRESS PHOTOGRAPHS Allow Ellmer Construction and the Employer all facilities including the use of ladders and existing erected scaffolding for the purpose of taking progress photographs of the Sub-Contract Works. Revision 1.3 9

44 Sub-Contract Preliminaries 37.0 CONTROL OF POLLUTION 37.1 Radios The use of transistor radios, CD's, MP3 players etc. is forbidden on the site Noise Control The Sub-Contractor shall take all necessary precautions to reduce the noise and vibration emitted by mechanical plant used on the Works and full use should be made of silencing equipment in compliance with the above recommendations. The Sub-Contractor is to allow for any interruptions due to noise restrictions. The Sub-Contractor shall take responsible precautions to prevent any pollution arising from the execution of the works, and will be held responsible for any such pollution. No burning of rubbish will be allowed on the site NOTICES & FEES Allow for giving all Statutory Notices required in pursuance of the Sub-Contract Works and for paying all fees thereof. Allow for any fees or expenses incurred in the measurement of variations by reason of instructions that may occur and the agreement of interim certificates and the final account DELIVERIES The Sub-Contractor will be responsible for the delivery, off-loading, transportation and distribution of his materials to the required location on site. Offloading of Sub-Contractor's deliveries will be within the designated areas. Materials must then be transferred immediately to the designated storage area. Due to limited space available, these storage areas will be moved during the progress of the works and you should make due allowance for this, as many times as may be required. The Sub-Contractor shall allow for complying with all Police Regulations affecting the site or in connection with limited waiting periods, restriction and diversion of traffic routes, off-loading or standing vehicles, or any other requirements concerning the execution of the Contract. The Employer may reserve the right to search and inspect, in conjunction with Ellmer Construction, the contents of all vehicles visiting his premises. The Sub-Contractor shall co-operate in the exercise of this right and shall use his best endeavours to ensure that his employees will submit to such search and inspection and shall bring this requirement to the attention of all employees who attend at the Employer's premises. The Sub-Contractor shall exercise proper control over their work people and prevent their trespassing beyond the immediate vicinity of the work in hand and he shall immediately dismiss or replace any work people trespassing or causing trouble or annoyance to the occupants of the adjoining buildings. Revision

45 Sub-Contract Preliminaries 40.0 PARKING Parking on site will be strictly at the discretion of the Ellmer Construction Project Manager. Where there will be no provision for parking on the site the Sub-Contractor should consider and allow making special arrangements for transportation of operatives FIRE PREVENTION Means of escape, fire points, etc. will be available on site. However, the Sub-Contractor is to allow for any special precautions necessary that are dictated by his work. The Sub-Contractor shall take all reasonable precautions to avoid the outbreak of fire on the site of the works and in adjacent buildings. Smoking will NOT be permitted on site. Where work necessitates the use of naked flames, a portable fire extinguisher shall be readily available. No welding, grinding or similar operation that produces flame, heat or spark shall be executed without prior written permission and/or receipt of daily authorised hot works permit obtained from Ellmer Construction. All necessary safety precautions shall be taken when using diesel, Calor gas, etc. in the building operations. Acetylene, propane, butane or similar gas containers shall be stored in accordance with current HSE requirements. The use of blowlamps or other appliances producing naked flames will not be permitted on the site except for butane or Calor gas equipment and then only after permission has been given in writing and Ellmer Construction has agreed the dates and times for such equipment to be used. Petrol driven plant is not permitted on site. The Sub-Contractor is to make all allowances to comply with the requirements of Ellmer Construction's Construction Phase H & S Plan and procedures detailed therein. All hot working is to be carried out under a strict 'Permit to Work' system administered by Ellmer Construction CO-ORDINATION Work by other Sub-Contractors will be proceeding concurrently with the Sub-Contract Works. The Sub- Contractor shall co-operate and co-ordinate as necessary with Ellmer Construction and other Sub-Contractors to ensure that all services are accommodated satisfactorily, particularly in ducts, voids and cavities. The Sub-Contractor shall co-operate with Ellmer Construction and all other Sub-Contractors to ensure that adequate provision is made and suitable space is available for all building features and services incorporated in the Works including access to, installation, testing, commissioning and maintenance of all individual systems and components thereof. The Sub-Contractor shall provide any necessary drawings or information required to amplify or detail any section of the work found necessary in complying with this clause. The Sub-Contractor shall attend design co-ordination meetings as required by Ellmer Construction and the design consultants. Revision

46 Sub-Contract Preliminaries 43.0 TOLERANCES Tolerances shown on the Contract Drawings or stated in the Contract Documents are the maximum deviations in size, position or shape allowed for in the design components, their assembly, jointing and fixing. The Sub-Contractor is to check the dimensions of components following delivery to site and advise Ellmer Construction of any departure from specified manufacturing tolerances. The Sub-Contractor shall take site dimensions wherever possible before the fabrication and fixing of his work. The Sub-Contractor shall adjust the positions of components and/or the sizes of the joints within their respective specified limit so that adverse results caused by an accumulation of individual acceptable tolerances is avoided. Where in spite of such adjustments adverse effects cannot be avoided he is to immediately inform Ellmer Construction in writing and seek instructions ENSURING GOOD INDUSTRIAL RELATIONS The Sub-Contractor is to comply with the requirements of Ellmer Construction's Industrial Relations provisions QUALITY MANAGEMENT The Sub-Contractor is to comply with the requirements of Ellmer Construction's Quality Management System. This may include the issuing of snagging lists or details of incomplete works by s generated from Ellmer Construction s electronic defects management system. The Sub-Contractor shall allow for the receipt of such information and shall act upon it within such timeframes as to maintain progress and complete the Sub-Contract Works in accordance with the Sub-Contract SETTING OUT The Sub-Contractor shall allow for setting out the Sub-Contract Works from the basic gridline and datum provided and shall be responsible for and shall entirely at his own cost amend any errors arising from his inaccurate setting out ADVERTISING Advertising of any kind stating or implying connection with this Development will not be permitted without prior written consent of Ellmer Construction. Site photographs will not be permitted without the written consent of Ellmer Construction PROTECTION OF THE SUB-CONTRACT WORKS The Sub-Contractor shall give due regard to the nature of surrounding areas and remain responsible for the Sub- Contract Works until the issue of the Certificate(s) of Practical Completion. The Sub-Contractor shall maintain protection applied to the Works during the Sub-Contract period. Only flame retardant protection materials shall be used TESTING The Sub-Contractor is to pay all charges in connection with testing the subcontract installation. Testing may be required to suit the progress of the works in sections. Revision

47 Sub-Contract Preliminaries 50.0 FINAL CLEAN Allow for cleaning the Sub-Contract Works including the provision of equipment, fuel and attendance. Allow for thoroughly cleaning down the Sub-Contract Works on completion to the satisfaction of Ellmer Construction before applying casing or protective devices. Allow for a final clean prior to Handover of the overall project at completion ALCOHOL AND DRUGS The consumption of alcohol or taking of illicit substances on site is forbidden. If any person is found or suspected to be under the influence of alcohol or drugs, then such persons will be removed forthwith from the site. As a company we operate a 'Drug and Alcohol' testing policy and your staff may be required to undertake tests at anytime while they are on site WARRANTY AGREEMENTS The Sub-Contractor shall within 14 days of request complete and return to Ellmer Construction following the execution of the Sub-Contract, the Warranty Agreements in the form set out in the Sub Contract. Ellmer Construction shall not be liable to make any payment under this Sub-Contract until the Sub-Contractor has complied with this Provision. Further, and without prejudice to any other rights and remedies which Ellmer Construction may possess, Ellmer Construction shall be entitled at any time to determine the employment of the Sub-Contractor under the Sub-Contract in the event that the Sub-Contractor does not procure and deliver to Ellmer Construction the Warranty Agreements PERFORMANCE BOND The Sub-Contractor shall upon request procure and deliver to Ellmer Construction upon execution of the Sub- Contract a Performance Bond to the value of 10% of the Sub-Contract Sum. The Bond is to be provided by a Bank or Insurance Company acceptable to and previously approved in writing by Ellmer Construction and be in the form of the standard ABA Bond.. Ellmer Construction shall not be liable to make any payment under this Sub- Contract until the Sub-Contractor has complied with this Provision. Further, and without prejudice to any other rights and remedies which Ellmer Construction may possess, Ellmer Construction shall be entitled at any time to determine the employment of the Sub-Contractor under the Sub-Contract in the event that the Sub-Contractor does not procure and deliver to Ellmer Construction the aforesaid Performance Bond PARENT COMPANY GUARANTEE The Sub-Contractor shall upon request procure and deliver to Ellmer Construction upon execution of the Sub- Contract a Parent Company Guarantee by a Company acceptable to, and previously approved in writing by Ellmer Construction. Ellmer Construction shall not be liable to make any payment under this Sub-Contract until the Sub- Contractor has complied with this Provision. Further, and without prejudice to any other rights and remedies which Ellmer Construction may possess, Ellmer Construction shall be entitled at any time to determine the employment of the Sub-Contractor under the Sub-Contract in the event that the Sub-Contractor does not procure and deliver to Ellmer Construction the aforesaid Parent Company Guarantee. Revision

48 Sub-Contract Preliminaries 55.0 CONTACT AGREEMENT All contact both verbal and in correspondence with the Employer, Architect and/or his Consultants shall be made through Ellmer Construction. In the event of Ellmer Construction being unable to have a representative present at the time of any discussions, minutes are to be taken and presented to Ellmer Construction as a record immediately following such discussions, but shall at no time be construed as an instruction unless authorised in writing by Ellmer Construction MATERIALS & WORKMANSHIP Where and to the extent that materials and workmanship are not fully described hereafter they are to be suitable for the purposes of the Works stated in or to be reasonably inferred from the Sub-Contract documents and are to be in accordance with good building practice including the relevant provisions of current British Standards and British Standard Codes of Practice published by the British Standards Institution. Where material is described herein to comply with a British Standard Code of Practice the relevant Standard or Code of Practise is to be read to mean the latest edition as amended by all relevant amendments as published by the British Standards Institution and current at the date of Tender. All materials are to be used and fixed in accordance with the Manufacturer's and Supplier's recommendations. Where definite proportions of materials are described these are to be measured in gauging boxes on a stage. The Sub-Contractor is to comply with the methods for achieving acceptable standards of accuracy in building during setting out and construction. Materials should not be ordered without first checking the dimensions on the site and current working drawings as no claim will be entertained for under or over ordering of materials SUB LETTING The prior written consent of Ellmer Construction is a condition precedent to any sub letting or assignment by the Sub-Contractor of the works or any part thereof INSURANCE Notwithstanding the provisions of the Sub-Contract, the Sub-Contractor is responsible for the insurance of all plant, equipment, temporary works, employees and public liability in relation to the Sub-Contract Works. Where the Main Contract makes provision for joint names insurance, the Sub-Contractor will be responsible for the policy excess payable against any insurance claims WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE) REGULATIONS Where the Sub-Contractor has supplied any items that are covered under the Waste Electrical and Electronic Equipment (WEEE) Regulations they will be fully responsible for all the responsibilities and obligations covered under the WEEE Regulations. For the avoidance of doubt we take no responsibility for any obligations under the WEEE Regulations. Revision

49 Sub-Contract Preliminaries 60.0 TIMBER & TIMBER PRODUCTS Where the Sub-Contractor is required to supply timber or timber products under a Chain of Custody certification, all delivery notes and invoices for such materials shall clearly state the Chain of Custody certification details and the description of the materials shall include the correct Chain of Custody Scheme and, where applicable, the percentage claim, e.g. FSC Pure, FSC Mixed 70%, FSC Mixed Credit, PEFC min 70% etc. If certified & non-certified materials are included in the same delivery, the materials, delivery documentation & invoice must also clearly differentiate certified from non-certified materials. The Sub-Contractor warrants that he will not supply timber or timber products that are sourced from any of the following sources: lwood harvested from forests where traditional or civil rights are violated. lwood harvested from non-certified forest areas having high conservation values which are threatened. lwood harvested from genetically modified (GM) trees. lillegally harvested wood. lnatural forest that has been converted to plantations or non-forest use. lforest areas protected by law (or planned to be so protected). Revision

50 Ellmer Construction Sub-Contract Standard Schedule Of Attendances/Responsibilities Item Attendance By EC By SC 1 Acceptance of site conditions and surfaces prior to commencement. 3 2 Advise delivery dates of heavy items and approximate weight. 3 3 Unload all materials and/or materials supplied by EC to carry out the works and place either in store or designated place/area, for which you are responsible. 3 4 Carry out all detailed setting out of the subcontract works. 3 5 Allow for all hoisting and distribution about the site as the work progresses including all double handling. 3 6 Agree access and availability of hoist/crane for unloading with EC. 3 7 Allow for adequate site supervision of the subcontract works by a competent foreman and attend meetings as required. 3 8 Allow for all necessary plant, task lighting, tools, tool boxes, tackle, hods, shovels, site transport and the like necessary to carry out the subcontract works including fuel. 3 9 Allow for all mobile scaffold towers, steps, ladders and the like as necessary to carry out the subcontract works Allow for all satisfactory protection to the subcontract works during and after completion including adjacent surfaces, against damage from fixings, frost, heat, water, dirt, grease and all other causes arising from the subcontract works. All protection materials to be in accord with all 3 current Codes of Practice and Safety requirements. 11 Allow for all cleaning, making good defects, testing and commissioning prior to handover Allow for all rubbish arising from the subcontract works to be cleared progressively and deposited in skips in accordance with the Site Waste Management Plan or as agreed with the Site Manager Pay all charges in connection with testing the subcontract installation. Testing may be required to suit the progress of the works in sections Where applicable, prepare fabrication/detail/working drawings submit for approval and develop the design to status A approval and on completion submit As Built drawings Prior to practical completion, submit an Operating & Maintenance Manual Allow for all full compliance with: - 3 a) Health & Safety at Work Act b) The Control of Substances Hazardous to Health Regulations 1988 (COSHH). 3 c) PPE, PUWE, MHSW Regulations d) Provide Method Statement covering all aspects of the sub-contract works including Risk Assessments. 3 e) Particular contract QA requirements and safety requirements. 3 f) Ellmer Construction Safety Management System. 3 g) Ellmer Construction Sub-Contractor Health, Safety & Environment Standard Allow for the provision of all necessary personal protective equipment, i.e. boots, masks, goggles, gloves, hard hats, hi-viz, etc in accordance with the Ellmer Construction Sub-Contractor Health, 3 Safety & Environment Standard. 18 Allow for marking all holes, chases and for cutting, drilling and the like Allow for the fact that the provisions of the Sub-Contract will be applicable and take precedence over all conditions submitted by the tenderer Allow for providing a detailed daily labour return to our site management A no smoking policy will be in force on the site and radios will not be allowed Allow for multiple visits to all areas to complete the works as dictated by the programme Reasonable shared welfare and messing facilities Main grid line and datum setting out points Rubbish skips Scaffolding over 3.5m and Special scaffolding Use of vertical hoisting facilities where site provided v power and general safety lighting v power and general safety lighting 3 Revision

51 SUBCONTRACTOR S HEALTH, SAFETY AND ENVIRONMENTAL STANDARDS

52 Byrne Group Safety Management System Revision Amendment Log VERSION NO. SECTION DESCRIPTION DATE BY Original All Issued June 2009 M. Tilley 2.0 All Reviewed in line with BG and legal requirements Reviewed in line with changes to HSE Prequalification requirements October 2012 February 2013 S. Byrne, S. Walker, S. Harvey. S. Byrne RIDDOR 2013 October 2013 S. Byrne Updated in Line with changes to CS23 Forms 6.0 All Reviewed in line with BG and legal requirements. October 2014 December 2015 S. Byrne Safety/Assurance Team Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 2 of 45

53 Byrne Group Safety Management System Table of Contents 1. Introduction Byrne Group Policies Subcontractor Management and Control Safe Systems of Work Prequalification Sub-Sub Contracting Works Risk Assessments Method Statement Approval of Method Statements and Risk Assessments Pre-Start meeting Training & Competency Toolbox Talks Communication & Meetings Occupational Health Dust Management On Tool Extraction Noise Management Drug & Alcohol Testing Agency Workers Site Standards Site Welfare Provisions Site Security & Access Control Traffic Management Operational Standards Site Induction Daily Task Briefing Access and Egress Safety Rules Asbestos Demolition Works Excavations Inspection & Examination of Excavations Plant & Equipment (PUWER) Lifting Operations Crane Lifting Operations Non Crane Lifting Operations Lifting Equipment Checks Rescue Plans Scaffolding Temporary Works Lighting...26 Page 3 of 45 Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0

54 Byrne Group Safety Management System 3.8. Housekeeping Fire Prevention Work at Height COSHH Working in Confined Spaces PPE Supervision Information & Consultation Meetings Protection of the Public Permits to Work Accident, Incident & Near Miss Reporting Incident & Injury Free (IIF) Disciplinary Code Monitoring, Auditing & Review Site Safety Performance (Safety League) Health and Safety File Environmental Management Environmental Documentation Environmental Policy Site Environmental Management Plan (SEMP) CS54 Environmental Aspects & Impacts Register Environmental Emergency Preparedness Plan Site Waste Resource Management Plan (SWRMP) Method statements & Risk Assessments Waste Management Chain of Custody Responsible Sourcing BREEAM/CFSH Compliance & Other Environmental Assessments Pollution Prevention Water Air Depletion of Natural Resources Ground Contamination Noise & Vibration Wildlife & natural Features Archaeology & Built Heritage...45 Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 4 of 45

55 Byrne Group Safety Management System 1. Introduction Byrne Group is committed to achieving the highest possible standards of health, safety and environmental performance on all of its construction sites. We recognise that, in order to do this effectively, our supply chain must fully support and commit to the same aims and objectives. We believe that only by working closely together and focusing on common health, safety and environmental objectives, can a measurable and sustainable improvement in health, safety and environmental performance be assured. This document, Subcontractor s Health, Safety and Environmental Standards, applies to all subcontractors that have been secured to work within or supply any Byrne Group establishment. This guidance document is provided to ensure that Byrne Group appointed, prequalified subcontractors understand the health, safety and environmental standards which we advocate on our construction projects. This document does not detract from information provided within the Construction Phase Plan, Site Environmental Management Plan, Premises Plan or other contract documents, that form the source for all project/premises specific information and typically constitutes initial information for subcontractors. Byrne Group also requires each subcontractor to commit to only use competent members of their own organisation to carry out any activities they are contracted to undertake. As such, each subcontractor should not sub-let activities under any circumstances unless under authorised prior agreement with the senior management team. Subcontractors should familiarise themselves with these standards and also ensure that they are brought to the attention of any individuals working within their workforce and any of their subcontractors/self-employed persons The provision of suitable and adequate resources to ensure the effective management and control of health and safety standards on site will carry a cost element. These standards will assist the subcontractor in their planning and provision of satisfactory health and safety resources to our projects. Adequate resources are required to prevent unnecessary risk to the health and safety of all personnel working on our projects. These standards will be audited by Byrne Group in accordance with our performance measurement procedures (As per specific audit schedule completed for every site). Poor compliance with these standards may result in the subcontractor being removed from the Byrne Group subcontractor database. We expect the full co-operation and commitment from all subcontractors in fulfilling our legal duties under health, safety and environmental legislation and in compliance with our policies. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 5 of 45

56 Byrne Group Safety Management System 2. Byrne Group Policies The following policies are available on request: Health and Safety Policy Environmental Policy Smoke Free Workplace Policy Drug and Alcohol Policy Occupational Health Policy Occupational Stress Policy Sustainability Policy Responsible Sourcing Policy 3. Subcontractor Management and Control 3.1. Safe Systems of Work Prequalification The Construction (Design & Management) Regulations, impose a duty on Byrne Group to make reasonable enquiries regarding the suitability, competency and knowledge base of our subcontractors, so that we can ensure they meet their statutory obligations. In accordance with our HS&E management systems, Byrne Group will only work with registered companies that have been approved as a result of a detailed health, safety and environmental assessment. In order for any company to progress to approved status a CS01: Health, Safety and Environment Competency Questionnaire must be completed and returned to the Safety Department for pre-qualification assessment. Each subcontractor will be assessed on the contents of their questionnaire along with supporting documents provided, and will be awarded a status, as follows: Un-Satisfactory Satisfactory Satisfactory + = Does not meet minimum legislative and/or Byrne Group Health Safety & Environmental requirements. = Meets legislative and Byrne Group Health, Safety & Environmental requirements. = Meets legislative & Additional Byrne Group Health, Safety & Environmental requirements. Each subcontractor is informed of their qualification status by letter and notified of any outstanding requirements to be implemented in order to improve this status as required. We require each subcontractor to commit to the minimum safety and environmental standards and conditions, as set out within these Subcontractor Health, Safety & Environment Standards that are provided with the CS01 questionnaire. A signature is requested within the questionnaire to confirm this commitment. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 6 of 45

57 Sub-Sub Contracting Works Byrne Group Safety Management System Every subcontractor who is looking to sub-contract works must first seek approval from Byrne Group. Once approved, the subcontractor must demonstrate their assessment process of that individual subcontractor under the Construction (Design & Management) Regulations as part of their assessment process detailed above in section 3.1. All operatives who are working for a subcontractor to a main subcontractor with Byrne Group will be acting on behalf of that subcontractor, and thus should all wear the PPE of the main subcontractor, submit all method statements with the approval of the main subcontractor and conduct themselves in accordance with the standards laid out in this document. Any failure or non-compliance may result in all parties being removed from the Byrne Group Supply chain data base Risk Assessments The Management of Health and Safety at Work (amendment) Regulations requires all employers and self-employed persons to carry out a suitable and sufficient assessment of the health and safety risks to workers for all work activities undertaken and to record this. Byrne Group therefore requires its subcontractors to provide comprehensive, robust risk assessments that clearly identify how each of their activities will ensure hazards and their associated risks are removed or reduced as far as possible. Subcontractors must assess the health and safety risks associated with their work activities and identify suitable and effective control measures to be used to combat these risks. All risk assessments should follow the HSE 5-Steps to risk assessment INDG Subcontractors must review their risk assessments, as a minimum, on a 6 monthly basis, or where there has been a change in activity/hazard. The specific risks and control measures identified should be clearly communicated to all members of the subcontractor s workforce. The key elements of risk for assessment by the subcontractor should include, but not necessarily be limited to, the following: Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 7 of 45

58 Byrne Group Safety Management System Element General elements of risk and safety control measures associated with the process/work activity e.g.: means of access suitable working platforms protection against falls of personnel protection against falls of objects provision of adequate lighting permit-to-work requirements fire and emergency precautions/ procedures H&S Standards Reference Management of Health & Safety at Work Regulations Construction Design and Management Regulations Working at Height Regulations Other key areas/elements of risk which are subject to particular statutory regulation requirements: control of substances hazardous to health control of noise hazardous to health provision and use of work equipment (plant, machinery, tools etc) the safehandling and movement of materials the provision, use and maintenance of personal protective equipment safe working on or near to electricity safe working in confined spaces control of lifting operations Control of Substances Hazardous to Health Regulations Noise at Work Regulations Provision & Use of Work Equipment Regulations Manual Handling operations Regulations Personal Protective Equipment Regulations Electricity at Work Regulations Confined Spaces Regulations Lifting operations & Lifting Equipment Regulations Control of Asbestos at Work Regulations Method Statement A method statement is required to describe the sequence of carrying out a work activity and to detail how control measures will be implemented. The method statement therefore needs to be written in conjunction with, and refer to, the relevant risk assessment(s). It may also require further supporting documentation e.g. COSHH assessments, technical drawings. All health and safety method statements are to be listed on a master schedule which should identify the method statement title, the revision number and the scope of works which it covers. Subcontractors must submit their health & safety method statement(s) to Byrne Group for review prior to works being permitted to commence on site. These must be submitted under cover of a subcontractors document submittal record proforma. For guidance on the provision and content of health & safety method statements, refer to Byrne Group s Health & Safety Method Statement template, if required. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 8 of 45

59 Byrne Group Safety Management System Where a Byrne Group inspection identifies subcontractor works which are not adequately covered by a health & safety method statement, all or specific parts of those works may be immediately suspended by the Byrne Group manager, or site manager, until satisfactory action is taken by the subcontractor to rectify the situation. The cost attributed to any associated down time will be borne by the subcontractor. All method statements will be recorded in electronic and/or hard copy on site Approval of Method Statements and Risk Assessments All method statements must be reviewed for scope and adequacy by the Senior Manager (or nominated person) and agreed prior to the subcontractor being permitted to commence work. A sufficient time period must be allowed for this process to be completed in order to minimise disruption or prevent delays to the programme of works. As such, all subcontractors are required to submit each method statement to the Senior Manager at least 1 week prior to the agreed start date for the work activity. Notwithstanding the above, and depending upon the nature of any particularly complex or highly hazardous activities, the Senior Manager may request submission at an earlier date to ensure the review process can be completed prior to work starting. Where a method statement is reviewed and deemed to be insufficient or incomplete (either in content, clarity, depth or scope of information), it must be amended and re-submitted for review and approval prior to work starting. Subcontractors must review their method statements, as a minimum, on a 6 monthly basis, or where there has been a change in activity/hazard. Briefing Every method statement must be briefed to all operatives and this briefing should be recorded, including the name, signature and a unique identifier for each person attending the briefing. If at any point the method statement requires amendment, this method statement must be re-submitted for approval; once the revised method statement has been approved it must be briefed to the operatives and this should also be recorded as an addendum. NOTE Generic method statements or risk assessments will not be accepted on any Byrne Group project Pre-Start meeting Prior to commencing operations on site, the subcontractor will be required to attend a site pre- mobilisation meeting to finalise specific site requirements, including health & safety and environmental issues Training & Competency S ubc ontractor s will ensure that all its personnel are appropriately trained, experienced and competent to perform their role and that every person receives a specific establishment induction before being permitted to start work. Byrne Group requires that competence to be supported, as a minimum, by a valid, current Construction Skills Certification Scheme (CSCS), Construction Plant Competence Scheme (CPSC) or Construction Industry Scaffolders Record Scheme (CISRS) card. The following requirements also apply: Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 9 of 45

60 Byrne Group Safety Management System Trades are required to hold the relevant skill card (NVQ2 as a minimum) Crane operators must hold specific crane s CPCS certification. Slinger/signallers must hold CPCS certification. Mobile towers must be erected by an operative with PASMA. Subcontractors operatives using mobile towers must be aware of requirements for the safe use of towers (Manufacturers instructions must be available on site). All scaffolders must hold appropriate certification, under the CITB Scaffolders Registration Schemes (CISRS) and comply with NASC Guidance SG4:10. Electrical technicians must hold JIB Skills certification. All operators of plant and equipment that are covered by CPCS/IPAF schemes must hold appropriate certification for specific type of machine e.g. MEWPs. Drivers must hold the appropriate license for specific type of vehicle e.g. HGV. All supervisors must hold CITB Site Supervisors Safety Training Scheme (SSSTS), Any manager must hold CITB Site Managers Safety Training Scheme (SMSTS), First aiders must hold a valid certificate Harness users require harness training Fire Marshals must hold a Fire Marshal qualification Traffic marshals must hold a Traffic marshal qualification Traffic marshals operating on the public highway are required to hold the relevant CPCS card Relevant training required relating to tool(s) to be used. E.g. Abrasive wheel, Paslode nail gun. Note: If operations are likely to involve any of the above subcontractors are advised to discuss the requirements with the Senior Manager at the earliest opportunity. No claims for extra costs will be allowed due to these specific requirements. Subcontractors must also provide sufficient resources to satisfy necessary safety appointments, including first aiders, fire/emergency co-ordination and/or appointed person/supervisors for lifting operations, as identified prior to award of the sub-contract. If it is found that a particular individual does not hold proof of competence, the subcontractor will be responsible for providing verification of the individual s suitability to the senior management team prior to the individual being put to work. Anyone involved in surveying, demolition and/or refurbishment work must have undertaken an asbestos awareness course Toolbox Talks Subcontractors will ensure that toolbox talks are delivered on site. These training sessions should be structured as follows: Frequency of meeting: Duration of meeting: Attendance: Location: Weekly 10 to 15 minutes Subcontractor s workforce (including any agency staff) At the workplace Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 10 of 45

61 Byrne Group Safety Management System The subcontractor s Supervisor/manager should select a suitable topic, relevant to the program/work activities and/or a recent issue on site and address the workforce on the general safety requirements of that subject. During each month one of the toolbox talks should cover occupational health and one environmental management. Some examples are below: Safe Use of Hazardous Substances Safe Use of Personal Protective Equipment Safe access / egress Housekeeping Fire Precautions for Hot Work Operations Safe Use of Machinery and Power Tools Safety Precautions when Working at Height Noise induced hearing loss HAVS Storage of waste Spill control However, there may also be occasions when Byrne Group requires you to deliver a tool box talk on a specific subject. Note: this list is not exhaustive and will differ between trades. A record of each tool-box talk, listing those who attended including their signature and a unique identifier should be maintained in the subcontractor s H&S records file. These records will be issued to the Byrne Group management on a weekly basis. Where the subcontractor is using their own form to record training events, this form must meet Byrne Group requirements with regards to the information captured Communication & Meetings You will ensure that everyone working on your behalf, including agency workers, understands the agreed safe method of work and risks involved, prior to any work being permitted to start. You will encourage feedback and comments on safety matters, attend safety meetings and assist with the monthly safety monitoring programme as required. The subcontractor Site Manager is responsible for ensuring that the following meetings are attended by subcontractor s representatives (at their own cost): Pre-start meetings to agree site set-up requirements, the availability of subcontractor s risk assessments/method statements, site safety and environmental controls and waste management. Progress meetings to review the on-going suitability and adequacy of the above. Safety/Safety Leadership Team (SLT) meetings to discuss issues related to the establishment (monthly as a minimum) Meetings to discuss and review specific safety and environmental procedures e.g. evacuation arrangements to reflect changing hazards. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 11 of 45

62 Occupational Health Byrne Group Safety Management System Each Byrne Group subcontractor must provide written confirmation to Byrne Group stating it has an up to date health surveillance programme in place before an order will be placed with that subcontractor. Each Byrne Group subcontractor must comply with Byrne Group s strategy regarding Safety Critical Workers/Roles. All individuals, in a safety critical role, must provide a copy of a valid fit note at their site induction or prior to starting safety critical works - a letter, on company headed paper, for each SCW, verifying they have had a Safety Critical Medical and are fit to undertake their role. Byrne Group has identified the following roles/activities as Safety Critical: Any operator of a crane. Any operator of mechanised plant where the operation of such plant poses a significant risk to others due to site restrictions or external factors if the operator becomes incapacitated in any way. Anyone working at height where there is no proprietary edge protection in place, for example scaffolders or anyone working on a harness or running line or man-safe system. Anyone working in a confined space. Anyone working on isolated live electrical power (HV or LV) or any live services, cabling works, switch gear, mains gas, electrics or water. Any safety critical roles detailed by clients, for example, London Underground or Network Rail will have a specific guidance but if not, then any track side works for guided transport vehicle works are safety critical. Any works on or over water or working within cofferdams or the like. Any works with substances leading to serious health implications as per COSHH assessment or relevant legislation, for example working with asbestos or lead. Any works involving welding equipment or similar. Anyone undertaking structural demolition. Anyone working with unexploded ordnance (UXO) Others identified from risk assessments For SCW, Byrne Group s Strategy is for operatives to undertake a medical at the following intervals: For staff under 40 at least once every three years For staff years of age every 2 years For staff 50 years or over annually Staff should have fitness reassessed in between periodic assessments if there: Are any health concerns Is any long term sickness absence Has been an accident involving plant Has been any recent surgery Clients may have more stringent policies than this, if so their policy must be followed. Satisfactory information on workforce health protection and hygiene standards must be Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 12 of 45

63 Byrne Group Safety Management System provided by the subcontractor. Key information must be provided, as relevant, within the subcontractor s Health & Safety Method Statement(s) and must be communicated to the workforce. This should include information on the following aspects: Specific Health & Hygiene Aspects: Working in Sewers / Weil s disease Working with Contaminated Land Working with Hazardous Substances Working with Lead Working with Asbestos Working with Radioactive Sources Manual Handling Operations Dust & Fume Control Noise Control and Protection Hand Arm Vibration Control and Protection Personal Weather Protection (protection from the Sun etc) Maintenance of Welfare Facility Standards General Health & Hygiene Aspects: Personal Hygiene Standards Protection against Dermatitis Use of Personal Protective Equipment Dust Management Subcontractors Specific task risk assessments must define whether some or all of these controls must be implemented; Power tools to be fitted with LEV and collection facility and/or water suppression used to reduce dust levels The correct RPE is supplied, used and stored correctly Operatives must be briefed on the RAMS and are aware of the hazards Operatives must be trained in the tasks they are carrying out and to use the tools they are provided e.g. abrasive wheels and face-fit training for masks. There is adequate washing facilities, facilities for storing overalls and other work wear during breaks. Correct procedures for the storage and disposal of waste materials or substances must be followed. The MSDS and COSHH assessment is in place with all identified controls complied with On Tool Extraction Byrne Group require subcontractors relevant tools to be fitted with local exhaust ventilation (LEV) systems. The specification of these LEV systems is Medium or M class. Byrne Group only mandates the use of face-fitted masks to the FFP3 specification on its sites/premises. These masks are only effective when the wearer is clean shaven not with stubble. For operatives who wear beards a full face mask should be used. Please refer to Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 13 of 45

64 Byrne Group Safety Management System HSG53 for further guidance on face fit masks Noise Management Noisy works must be monitored and recorded regularly where operatives are exposed. Consideration should be given to neighbouring works or operatives that are passing through the noise effected area, and any public interface must be monitored. Subcontractors will be required to take recorded readings prior to starting works and during the operation itself. A record of noise monitoring, including sketch/marked GA of the site, and the noise reading taken, must be submitted for every week as part of the safety returns pack. Noise exposure limits must be calculated in Risk Assessments, a simple and easy to use calculator is available from the HSE here: Drug & Alcohol Testing Subcontractors must comply with Byrne Group s Drug and Alcohol Policy, which is available on request. Byrne Group s Drug and Alcohol Policy implements controlled measures to prevent personnel, as far as possible from: Reporting for work under the influence of alcohol or drugs which may cause impairment, or Consuming alcohol or drugs, including those which may cause impairment, at work. These measures may include pre-start on site, post incident, with cause and unannounced random drugs and alcohol screening. These measures ensure that Byrne Group: Do not knowingly employ or retain any worker, directly or indirectly, who has been justifiably dismissed by any employer for drug and/or alcohol related offences. Take suitable action, usually dismissal or termination of contract, against anyone found at work to be under the influence of alcohol or drugs in breach of this policy. Any worker found to have tested positive after a test or who refuses to take a test will be immediately removed from the work in which they are engaged, and will not be permitted to work on any other Byrne Group site Agency Workers Subcontractors undertake to only source agency workers from a supplier which is controlled and monitored by you for quality and agrees to the standards of health, safety and environmental objectives of Byrne Group. Subcontractors will provide, prior to or at the start up meeting, details of your PSL partners, together with details of what processes are in place to ensure that all workers supplied are competent and fit to carry out any activities they are supplied to undertake. Subcontractors will also be required to demonstrate that you have agreed processes Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 14 of 45

65 Byrne Group Safety Management System in place to ensure that all agency workers you may employ to supplement your workforce are aware of their day one rights and how they will be informed of any job vacancies whilst working on a Byrne Group site. Subcontractors will need to communicate to the Project Manager or responsible person when you intend to use agency workers, and confirm that they are aware of, and you are complying with, day 1 and, if required, week 12 rights for that agency worker under the Agency Workers Regulations. Under these standards Subcontractors indemnify Byrne Group for any breach of any agency worker in terms of their entitlements under the Agency Workers Regulations hired by you Site Standards Site Welfare Provisions Subcontractors will ensure welfare facilities are not abused by its personnel or agency workers. Note: Occasionally, Byrne Group may instruct the subcontractor to provide the site welfare facilities. The following guidance is provided to assist the Project Manager in making an assessment of the overall number of amenities to be provided for the workforce: Welfare Facility Sanitary Conveniences Separate provision for male and female personnel on the following basis. Chemical Toilets are not permitted on site unless they are provided with washbasin, hot and cold running water, soap and means of drying hands. Where a permanent water supply is installed, regular checks must be in place. No. of Persons on Site Level Of Provision No. of WC s No. of Urinals For every 35 persons above 170 on site an extra WC is required. For every 50 persons above 170 on site an extra urinal is required Washing Facilities Hot and cold running water Supplies of soap and towels Wash basin, suitable for No. of Persons on Site Number of Wash Basins Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 15 of 45

66 Byrne Group Safety Management System Welfare Facility the immersion of the hand and forearm. Level Of Provision For every 35 persons above 170 on site an extra washbasin is required. Although the Construction (Design & Management) Regulations do not stipulate required numbers of certain standard welfare facility items (e.g. WC s, Washbasins, etc) it is good practice to establish their requirements in accordance with the recommended minimum provisions outlined. These regulations stipulate required numbers for welfare facilities provided by other (i.e. non-construction) industries Site Security & Access Control Every subcontractor must comply with the site specific security details laid down in the Construction Phase Plan. Byrne Group accepts no liability for any lost or stolen items on site. Any operative caught stealing or infringing the site security procedures will be immediately removed from site and the police may be called Traffic Management Each Byrne Group project will have a Traffic Management & Logistics Plan to ensure, so far as reasonably practicable, the safe movement of site traffic entering, leaving and moving around the site. It will identify the controls, precautions and rules for all subcontractors plant and vehicles delivering to, and operating on, the site. Each subcontractor appointed to our projects will be provided with a copy of this plan and will be subject to its requirements. The site Traffic Management & Logistics Plan is produced in accordance with the requirements of current legislation and best practice. This includes, in particular, the following: Construction Design and Management Regulations HS(G)144 - The Safe Movement of Vehicles on Construction Sites The site Traffic Management & Logistics Plan will include information on the following key aspects: Scheduling and booking deliveries Site access and egress gates Site security control Protection of the public Protection of site personnel Vehicle safety standards and maintenance Site traffic routes Traffic controls and precautions Loading, lay-down and storage areas Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 16 of 45

67 3.3. Operational Standards Site Induction Byrne Group Safety Management System All site personnel are required to attend the Byrne Group project specific safety induction for each site they attend. They must also watch the Byrne Group company induction video (every 3 years) All subcontractors must hold their own project specific induction and method statement/risk assessment briefing Site personnel must attend the inductions prior to commencing work on site. All operatives, in a safety critical role, must provide a copy of a valid fit note at their site induction as per section 3.9 As and when applicable, and to support the Immigration, Asylum and Nationality Act 2006, each subcontractor must be able to provide evidence of eligibility to work in the UK. I.e. in circumstances where the subcontractor wishes to use non-uk nationals on any Byrne Group establishment/construction site Daily Task Briefing Subcontractors will be required to actively support the Byrne Group daily briefing process. Each operative must receive a daily task briefing, for each activity they are due to undertake, from their manager/supervisor before they start work each day, and this recorded on Byrne Group s CS123 form (or the subcontractor s equivalent). Everyone is encouraged to ask themselves the following: Do you and your co-workers know who is supervising you? Do you and your co-workers know what is to be done today, are the right people available to help you and are your activities covered within your method statement? Do you or your co-workers have any issues with the task at hand as explained or have any comments/concerns from the work carried out yesterday? Are you and your co-workers wearing and using the correct PPE? Is it of the correct type and classification? Do you and your co-workers have the right equipment for the task, is it safe to use and do you have the required approvals e.g. fire extinguisher, COSHH data, spill kits? Do you and your co-workers have the required permits / approvals to undertake the work? Any issues/hazards raised should be recorded on the CS123 (or the subcontractor s equivalent) by the supervisor, including actions to address the issues noted. If the issue cannot be addressed, it should be passed onto the site management team or a member of the Safety Dept., as should any suggestions for improvement Access and Egress Designated safe access/egress routes must be provided to all work areas/work platforms. These must be maintained free from obstructions at all times to ensure: Safe movement of personnel in the event of an evacuation Elimination of trip hazards. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 17 of 45

68 Byrne Group Safety Management System Safety Rules The following standard health and safety rules must be observed by all persons whilst on site. There may be additional rules, as required for individual sites: these will be detailed in the site specific induction. 1. ENSURE that you wear a hard hat, hi Vis vest, protective footwear, appropriate gloves and glasses at all times whilst on site. 2. ENSURE that you observe all H&S signs and notices displayed 3. ENSURE that you keep to the pedestrian access routes 4. DO NOT access the construction site until you have attended a Byrne Group induction. 5. DO NOT undertake any work unless your supervisor has briefed you on the key aspects of the safe system of work. 6. DO NOT access the construction site as a visitor unless you are accompanied by someone who has been inducted 7. DO NOT consume food or drink on the site, unless it is within the welfare facilities provided. 8. DO NOT attend site under the influence of alcohol or drugs. 9. DO NOT smoke on site except within authorised areas. 10. DO NOT remove any guardrail or cover to any hole unless you have been given express permission from your supervisor. Ensure protection measures are replaced on completion of your work activities. 11. DO NOT burn any materials on site. 12. DO NOT use radios, Walkman s, Mp3 Players, IPods or similar on the construction site. All Safety Rules for the establishment are issued at induction and apply to all members of a subcontractor s team, including those working under their direct control. As such, anyone found contravening safety rules may be subject to disciplinary action and exclusion from the establishment. All drivers and visitors are required to comply with the establishment s safety rules for their respective situations. Drivers under the control of the subcontractor s management team are required to comply with the safety rules for vehicle drivers. Visitors under the control of the subcontractor s management team are required to comply with the safety rules for visitors, including the establishment s signing in procedure. Visitors must be accompanied at all times. Where they require access to construction site areas outside designated safe routes, prior authorisation must be gained from the Senior Manager. The subcontractor is responsible for providing the appropriate personal protective equipment (PPE), ensuring that it s worn correctly, and escort them at all times. As and when it is deemed necessary, the subcontractor will ensure that their visitors receive additional or further information e.g. induction, in order to maintain their safety. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 18 of 45

69 Byrne Group Safety Management System Asbestos When the construction premises are known, or are likely, to contain asbestos materials the following information will be provided to familiarise subcontractors with the control regime to be implemented in respect to risk from asbestos containing materials. A full Demolition & Refurbishment survey of the building will be undertaken, showing the locations and types of asbestos present within the building. The survey and subsequent analysis will be undertaken by a UKAS accredited laboratory and laboratory technicians. Asbestos removal can only be undertaken by a licensed subcontractor who has given 14 days notice of the intention to remove asbestos to the Health and Safety Executive (HSE), where the asbestos is of a notifiable type. Note; Any non-licensed asbestos must only be removed by, or be remediated by, contracted operatives that have received Category B UKATA (or equivalent) asbestos awareness training and be prepared to provide evidence that Category B awareness training/refresher training has been received within the previous 12 months. Prior to operations commencing, an assessment of the exposure to asbestos must be undertaken - this assessment should cover the following: Type of work and duration Type and quantity of asbestos and determination of the level control to apply Methods of work to be adopted to reduce exposure to the lowest level reasonably practicable Predicted exposures, noting respiratory protective equipment (RPE) appropriate for those exposure levels, frequency and duration of exposed persons other than employees who might be exposed, results of air monitoring where appropriate and available. Methods of controlling release to the environment Selection, assessment provision, use and decontamination of PPE and RPE Waste removal procedures/licensed site/carriers Emergency procedures Exposure to other hazardous substances All removal works are to be conducted in line with the Control of Asbestos at Work Regulations and associated amendments. The health and safety control strategy for stripping/removal operations must be covered within a detailed method statement submitted to Byrne Group in advance of the operation being undertaken. The method statement should appraise the following key criteria as a minimum: The mode of removal The type of enclosure to be used Plant and equipment to be used to ensure integrity of the enclosure Waste removal and disposal Air monitoring procedures Decontamination and hygiene procedures A detailed PPE/RPE assessment Details as to the dismantling of the enclosure The issue of a clean air certificate. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 19 of 45

70 Byrne Group Safety Management System Demolition Works Prior to any demolition work being undertaken, the subcontractor must refer to all available survey information and drawings as to the current state of the building. This information will be referenced within the principal subcontractor s health and safety plan. The plan will also contain a detailed risk register highlighting the key significant risks likely to be encountered during demolition. The demolition package subcontractor must provide suitable and adequate control procedures and precautions in respect to preventing the access of unauthorised persons into demolition work areas. The demolition package subcontractor must provide a fully detailed health & safety method statement to Byrne Group management for approval prior to being permitted to commence works on site. Within the method statement the subcontractor will have to detail his health and safety management strategy for dealing with the following key hazards: Protection of the Public and Third Parties and other trades if applicable Existing services e.g. electricity, gas, water, fire-fighting systems Temporary services Flammable materials and gases The sequencing of the demolition process Restricted areas and safe distances Health Hazards Lead Asbestos Weil s Disease Legionella Noise Vibration Dust The demolition package subcontractor must satisfy themselves in respect to adequately addressing any risk information/guidance as identified by the designers within the project Health and Safety Plan The demolition package subcontractor should be fully aware of the risk from asbestos containing materials within the building (refer to section 3.17 above) Excavations Soil varies in its nature. Some soil, like sand, flows easily. Other soils, like stiff clay, are more cohesive. No soil, whatever its structure, can be relied upon to be self-supporting. If a trench or excavation cannot be made safe by sloping or battering the sides, some form of support may be required. These rules are to be followed by persons employed by the company: Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 20 of 45

71 Byrne Group Safety Management System A Risk Assessment, including confined spaces, where required, must be carried out prior to works taking place and a safe system of work produced and communicated to the work force. A Byrne Group Permit to dig must be carried out and checked daily Soil surveys may be required from trained and experienced persons to establish suitable methods of excavation and support requirements. Safe means of access is to be provided at all times; where possible two means should be provided. Excavations must be guarded to prevent persons (Handrails & Toe-boards) and vehicles (Stop blocks) from falling into them. Where vehicles are required to reverse to the excavation for purposes of tipping etc. secured stop blocks of sufficient strength and size must be positioned to prevent the vehicle from running over the edge. The stop blocks should also be positioned so that the edge of the excavation cannot collapse under the weight of the vehicle. Sufficient lighting must be provided at all times. Good ventilation must be provided and dependent on the location and depth of the excavation it may be regarded as a confined space. The area to be excavated must be checked for underlying services prior to any work being undertaken and during the excavation. All works near services to be undertaken in accordance with HSG47: Avoiding Danger from Underground Services Where supports, slopes or batters have been provided to ensure safe working conditions, a maintenance programme must be put in place Inspection & Examination of Excavations Excavations must be inspected: Before any person carries out any work within them. At the start of each shift by a competent person. After any event likely to have affected the strength and stability of the excavation or any part of it. After any accidental fall of rock, earth or other material. A report must be prepared by the competent person carrying out the inspection every 7 days whilst the excavation is open. Note: Under certain circumstances a Confined space permit may be required Plant & Equipment (PUWER) The subcontractor is responsible for the safe use and maintenance of all plant and equipment provided on site for use by their workforce. In line with the PUWER (Provision Use Work Equipment Regulations) every item of plant must be inspected on a daily basis to ensure the item of plant is suitable for use and the inspection must be recorded on a weekly basis. The inspection must include all items of plant from excavators to skill saws and any leads the operatives are using with the plant/equipment. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 21 of 45

72 Byrne Group Safety Management System The inspection must also ensure that all the items of plant/equipment are in PAT test date. Each item of plant must have a visual inspection recorded every month and be PAT tested every 3 months as a minimum. Any item of plant found on site not showing a relevant PAT test tag will be removed from use until such time as it can be inspected and sufficient evidence is shown to the Byrne Group site management. All portable electronic equipment must be in good a condition and have an up to date PAT test and tag (including leads) and a PAT test register must be available on site. All kitchen and office appliances must also have up to date PAT tests and be tagged. PAT testing must be undertaken as per the table below: Frequency Table for PAT Testing Equipment Office equipment such as computers Photocopiers, fax machines Earthed Equipment e.g. Kettles User Checks (Not recorded unless fault found) Visual Inspection (Must be recorded) Combined thorough Inspection and Testing No Yes, every 2 years Yes, up to 5 years No Yes, 2 4 years Yes, up to 5 years No Yes, every 6 months Yes, every 12 months Hand held tools Yes, prior to use Yes, every 4 weeks Yes, every 3 months Cables / leads Yes, prior to use Yes, every 4 weeks Yes, every 3 months Permanent Fixed Installations Temporary Fixed Installations No 110V Daily 230V mains-daily/ every shift Yes, earth loops and RCD s every 12 months 110V - Monthly 230V mains weekly Yes, every 5 years 110V Before first use on site then 3 monthly 230Vmains Before first use4 on site then monthly RCDs Portable Daily / Every Shift Weekly Before first use on site and then monthly RCDs Fixed Daily / Every Shift Weekly Before first use on site and then 3 monthly IET Code of Practice for In-service Inspection and Testing of Electrical Equipment (4th Edition) & HSG107 (Third edition) Lifting Operations Crane Lifting Operations All project crane lifting operations are subject to specific safe lifting requirements in accordance with the Lifting Operations and Lifting Equipment Regulations [i.e. LOLER], BS7121 and BG PR005- Safe operation of Cranes Handbook. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 22 of 45

73 Byrne Group Safety Management System Each subcontractor must appoint a trained Appointed Person (CPCS), where crane lifting operations are applicable to their work activities. They shall be responsible for the effective planning and control of their lifting operations in accordance with the requirements of LOLER and BS7121. Each subcontractor s Appointed Person must have attended a formal training course (4 day minimum for crane lifting operations) and must possess the relevant experience & knowledge to plan the required lifting operation. The Appointed Person shall liaise directly with the crane co-ordinator, where applicable, in respect to all crane lifting operations to be undertaken. Regular crane co-ordination meetings will be chaired by Byrne Group management with the crane co-ordinator and Appointed Person in attendance. Each subcontractor s lifting supervisor must submit a project specific lifting plan to the crane coordinator for review, prior to commencing with their crane lifting activities. The Lifting Plan must adequately address the control of safety of their operations in accordance with LOLER and BS7121. Operators and slingers/signalers MUST hold a current CPCS card for the appropriate category of plant equipment. This is a mandatory requirement and certificates of competence must be supplied to the Appointed Person for review prior to commencement of any lifting activities Non Crane Lifting Operations All lifts must be planned and documented with a lifting method statement. This ranges from use of a pallet truck to a forklift and hi-ab. The method statement for these operations must be produced by a nominated person. They shall be responsible for the effective planning and control of their lifting operations in accordance with the requirements of LOLER. Each subcontractor s Nominated Person must have attended a formal training course and must possess the relevant experience & knowledge to plan the required lifting operation. All cranes, excavators, etc. used as lifting appliances, must be operated in accordance with the Lifting Plan for the establishment, or relevant method statements, where applicable e.g. forklift operations Lifting Equipment Checks In line with the LOLER (Lifting Operations Lifting Equipment Regulations) every item of lifting equipment and accessories must be inspected on a daily basis to ensure the item of equipment is suitable for use and this inspection must be recorded on a weekly basis. This inspection must include all items of lifting equipment and accessories from pallet trucks to tower cranes and slings to block and tackles. The inspection must also ensure that all the items of lifting equipment/accessories have the 6 month/12 month thorough examination certificate as required. Each piece of lifting equipment must have current and valid Certificate of Thorough Examination and a tag clearly showing the serial number and maximum lifting capacity. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 23 of 45

74 Byrne Group Safety Management System Rescue Plans The plan created by Byrne Group and the subcontractor (where applicable) is to provide emergency arrangements for the rescue of personnel in the event of injury or difficulties experienced whilst working in various environments. The plan will provide instruction to all parties on the procedure to be followed to rescue an injured operative or an operative in difficulty, and to bring them to a place of safety in order that they can be treated for their injuries. It is designed to provide concise instruction to all parties on their responsibilities in the event that rescue operations are required. This plan is also to be used as a guide to train all parties in the procedure that must be followed for the emergency rescue of operatives. Reference should also be made to Safe Work Method Statements and Risk Assessments (RAMS) for site specific task control measures and the rescue of personnel. This emergency rescue plan covers the emergency rescue of operatives due to the following scenarios Injury or difficulties arising whilst on a Mobile Elevated Working Platform (MEWP). Injury or difficulties arising whilst on a scaffold or mobile tower (if the platform is less than 2 meters high the details should be covered in the subcontractor s specific safe system of work.) Injury or difficulties arising whilst working on access shutters. Injury or difficulties arising whilst working inside trenches. Injury or difficulties arising whilst working on the roof. Injury or difficulties arising whilst working within re-bar cages. Injury or difficulties arising whilst working on slab edges - suspension syncope Injury or difficulties arising whilst operating a Tower crane is covered in the appendix of the crane lifting plan found on the SMS. Injury or difficulties arising whilst working in riser or lift shafts will be covered in the subcontractor s specific safe system of work. Injury or difficulties arising whilst working in confined spaces will be covered in the subcontractor s specific safe system of work. The Work at Height Regulations 2005 (WAHR) requires employers to take account of the need for easy and timely evacuation and rescue in an emergency. Operatives may need to be rescued at height for a number of reasons, for example, if they have suffered a heart attack on a working platform, if they have injuries as a result of slips, trips or falls on a working platform Scaffolding Subcontractors shall be responsible for all scaffold operations within their packages. The erection of scaffolding and false work on any Byrne Group site must be conducted in line with the Construction Design and Management regulations and the National Access and Scaffolding Confederation guidance. As per the Work At Height Regulations, every Guardrail must be at least 950 mm high, intermediate guard rails should be positioned so that there is no gap exceeding 470 mm Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 24 of 45

75 Byrne Group Safety Management System and Toe boards should be suitable and sufficient for the task no less than 150mm. See BG Hole and edge protection procedure PR010. Access - The preferred option should be an enclosed tower staircases or internal ladders in scaffolds in construction activities. Every scaffold must be formally inspected and documented every week by a competent person. Refer to section 3.6 for training and competency for scaffold inspectors. Note: The provision of handrails for floor levels / edge protection are under the same controls as above for inspection (Scaff-tags, Register & 7 day inspection), this also includes system type handrails fitted by others. The inspection should be carried out by a competent person. The scaffold may need to be re-inspected between the 7 day interval due to the scaffold being hit or damaged in anyway or after severe weather conditions. The use of impact wrenches is banned on all Byrne Group projects due to potential for concern regarding use and operation. Byrne Group will continue to monitor the situation and will issue further information if required Temporary Works Temporary Works are defined as all works required for execution, completion, maintenance and/or demolition of permanent works which will normally be removed from the site on completion. All temporary works must comply with our inspection procedures. Subcontractors are required to demonstrate, by calculation, that temporary structures are capable of withstanding the loading required. Design information, including calculations, must be supplied with sufficient time to allow us to scrutinize the information, or the start of the operation may be delayed. Temporary Works must be managed in accordance with BS5975 Code of practice for temporary works procedures and the permissible stress design of falsework and QA.PR14 Group Temporary Works Management Procedure, the Group procedure for complying with the British Standard. Each subcontractor Project Manager is responsible for: Preparing company procedures for the design, checking, erection, inspection, use and dismantling of Temporary Works. Assess and appoint specialist competent temporary works suppliers and designers as required. Submitting checked temporary works design drawings and calculations for approval Producing method statements for the erection, use and dismantling of the temporary works Obtaining any related licences. i.e. Highways and local Authority Ensure that the temporary works are designed, checked, certified and implemented in accordance with the approved procedures, appropriate to the classification Classify and register all packages of Temporary Works and compile the Temporary Works Register (TWR) Establish and implement an inspection regime for all temporary works with the temporary works designer to ensure that they remain suitable and fit for purpose. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 25 of 45

76 Byrne Group Safety Management System Prepare detailed design briefs for each item of temporary works when required by the temporary works classification Ensure concept, design, risk assessment and checking are carried out in accordance with the design brief Inspection of the completed temporary works to confirm when a structure can be loaded and unloaded. Issuing of permits to load and unload Where appropriate, ensure that copies of Design, Design Check and Test Certificates as well as Permits to Load are issued and registered Ensure that loads from temporary works and temporary loads (i.e. plant and materials) are accepted by the permanent works designers Ensure that method statements for the erection, use and dismantling of the TW are prepared and communicated to all those involved in the operation Lighting The subcontractor is responsible for ensuring the provision of adequate standards of lighting (Task Lighting) required for the safe undertaking of their operations, in accordance with the table below. Lighting General Access for rooms, internal spaces and shop units Lighting for Access Emergency Lighting (min. 5 Lux with 3 hrs. duration) Site Entrances Site Roads and General Movement Areas Clearing Sites and General Rough Work Open Areas of Large Sites Without Significant Activity Loading Bays, Unloading Areas Floodlighting For Crane Operations Scaffold, Walkways Corridors Stairs General Access for rooms, internal spaces and shop units Type of Lighting & Agreed Design Lux level. (min. 20 Lux unless stated otherwise) Min. 5 Lux with 3 hrs. duration Design Lighting Level : 30Lux Min. Measured Lighting Level : 20 Lux Design Lighting Level : 25Lux Min. Measured Lighting Level : 20 Lux Design Lighting Level : 50Lux Min. Measured Lighting Level : 25 Lux Design Lighting Level : 20Lux Min. Measured Lighting Level : 20 Lux Design Lighting Level : 50Lux Min. Measured Lighting Level : 25 Lux Design Lighting Level : 50Lux Min. Measured Lighting Level : 25 Lux Design Lighting Level : 25Lux Min. Measured Lighting Level : 20 Lux Design Lighting Level : 25Lux Min. Measured Lighting Level : 20 Lux Design Lighting Level : 50Lux Min. Measured Lighting Level : 25 Lux Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 26 of 45

77 Byrne Group Safety Management System Lighting For Task Work Bricklaying (except facings) Concreting, Fixing Reinforcement Facing Brick Work, Plastering and Bench Work Fine Craft Work, Decorating Design Lighting Level : 200Lux Min. Measured Lighting Level : 100Lux Design Lighting Level : 100Lux Min. Measured Lighting Level : 50 Lux Design Lighting Level : 400Lux Min. Measured Lighting Level : 200Lux Design Lighting Level : 800Lux Min. Measured Lighting Level : 400Lux Byrne Group shall provide only general access (Safety) lighting to site (including emergency lighting requirements) Housekeeping The subcontractor shall be responsible for maintaining an acceptable standard of site cleanliness within their area of works so that people can move safely around the site. The site should be kept in a clean and orderly condition so as to reduce the chance of injury through slips and trips. Everyone can make a contribution to reducing slips and trips on site. If any staff see a risk, sort it, and report it to Byrne Group site management. All rubbish and debris shall be cleared from the work site on a regular daily basis in progress with the work. No excess rubbish or debris will be permitted to be left on site at the end of the working shift. Note: The subcontractor may be subjected to a suspension of works notice if an adequate response to a rubbish removal instruction is not observed. The suspension will remain in effect until the instruction is complied with in full and the loss of production will be at the expense of the subcontractor Fire Prevention Each subcontractor is required to provide suitable and sufficient resources to comply with the requirements of the Byrne Group Fire and Emergency Plan and procedure. This will include providing manpower, administration, fire-fighting equipment, training and awareness, monitoring and fire safety advice to your staff. Subcontractors should provide Byrne Group with relevant information on fire safety matters. In particular, inform Byrne Group management where there are difficulties in complying with the health and safety plan/fire emergency plan or where fire safety issues are discovered that are not addressed by the existing plan. For example, if: You need to bring significant amounts of flammable materials onto the site that were not envisaged in the health and safety plan; Rubbish skips are not being emptied; and/or flammable material is discovered during work, e.g. ground workers discover drums of buried waste or unforeseen gas services during excavations. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 27 of 45

78 Byrne Group Safety Management System Where additional emergency arrangements are required, due to the work being undertaken, subcontractors must incorporate these provisions into their Method Statement and/or Risk Assessment(s). Subcontractors must liaise with the Senior Manager to ensure their emergency arrangements do not conflict with arrangements already in place at the establishment. To support the Joint Code of Practice for Fire Prevention on Construction Sites, all temporary protection materials, e.g. Correx, must be manufactured with fire retardant materials approved to LPS1107 (internal protection) and LPS1215 (external protection). Fire arrangements are defined within the project Fire and Emergency Plan (e.g. Hot Work Permits, Fire Detection and Suppression, Evacuation and Assembly Procedures). The main aspects of the Project Fire Plan shall be addressed in the site safety induction. Each subcontractor shall be issued with a copy of the Project Fire and Emergency Plan. The key fire safety precautions include: Petrol operated plant and tools are not permitted on site without obtaining Byrne Group approval. Portable halogen lamps are not permitted for use as task lighting (stand lights). LPG cylinders and other highly flammable liquids shall not be stored within the construction building. The use of these shall be restricted to those quantities required for daily use and they shall be removed to the safe storage area each day after use. For welding/cutting activities flashback arresters must be fitted to both the oxygen and fuel gas hoses near to the regulators. For long lengths of hose, arresters must be fitted on both the torch and the regulator. Acetylene is not allowed on any Byrne Group projects. Other flammable liquids (such as paint) shall be stored safely within suitable metal containers/storage huts. Other materials, particularly combustible materials, shall be brought to site and stored using the just in time approach to avoid excessive fire loading of the construction building. Fire resistant materials (i.e. to the fire standard LPS 1207 ) shall be used for the temporary protection of building finishes, materials and plant etc. (e.g. Monoflex, Correx etc) and for the containment, protection of materials delivered to site. Site operations shall be coordinated and sequenced to maintain unobstructed fire exit routes Unattended sources of potential fire ignition shall not be permitted at any time. (e.g. bitumen boilers, space heaters etc.) Adequate fire extinguishers shall be provided for all fire hazard related site activities The workforce shall be adequately trained in the safe use of fire extinguishers All Hot Works must be carried out by qualified, named operatives and supported by a comprehensive Method Statement and Risk Assessment(s). A Hot Works Permit will also be required on a daily basis and the Permit to Work procedure must be followed Work at Height Where working at height cannot be avoided, subcontractors must consider their method of working in line with the hierarchy of control prior to putting operatives to work. The mode of access to carry out the work is most important and consideration should be given to access arrangements that do not put operatives at unnecessary risk. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 28 of 45

79 Byrne Group Safety Management System Where mechanical means of access is not an option subcontractors must provide safe access for employees working at height. This can be done by the provision of safe scaffold access such as: Fixed tube and fitting scaffolding Mobile scaffold towers Podiums (Byrne Group prohibits the use of podiums with four wheels and only allow podiums with two wheels and two fixed plates, which provide a more stable working platform) Towers/podiums/scaffolds must be erected / dismantled by fully trained individuals and inspected on a weekly basis. Collective fall protection must be considered at all times. Ladders can only be used as a last resort and under Byrne Group s permit to work system. On floors above ground level and at roof level fixed guard rail edge protection is to be provided comprising double guard rails and toe boards as minimum. These must also be provided around service riser and lift shaft openings. Where operatives are working at leading edges, suitable fixed distance barriers are to be erected with appropriate signage to protect other operatives. Leading edge operatives must be provided with suitable fall protection/fall arrest arrangements. N.B. fall protection arrangements are a last resort and should only be considered where other safe access arrangements cannot be provided e.g. MEWPS or suitable scaffold access arrangements. All deliveries must have suitable and sufficient edge protection to ensure safe unloading. The measures can range from fixed handrails on the edge of the wagon, to designated anchor points for a harness to airbags. Any vehicle arriving on a Byrne Group project without adequate means of fall protection will be turned away. Where operatives are working from a running line using a harness the running line must be tested to ensure it is fit for the loads intended, i.e. if used for fall restraint or fall arrest. When operatives are working from a harness the fall protection must be fit for the task. I.e. when using fall arrest the operative must be working a minimum of 6.5m above the ground to ensure the expansion pack has distance to fully deploy; this must be taken into account when planning the working at height operations. The Harnesses must be treated like a piece of lifting equipment and inspected thoroughly every 6 months. In addition these must be visually inspected daily before use and recorded every week. Subcontractors in the safety net rigging and fall arrest industry must be members of the Fall Arrest Safety Equipment Training (FASET) association. Scaffolding subcontractors must be members of the National Access and Scaffolding Confederation (NASC) COSHH Working with hazardous substances is regulated by the Control of Substances Hazardous to Health Regulations. Any work activity involving a hazardous substance must be Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 29 of 45

80 Byrne Group Safety Management System undertaken in line with a specific risk assessment known as a COSHH assessment prior to the operation taking place. Employers should consider the following control measures for hazardous substances in hierarchical order Elimination Substitution Isolation Ventilation Personal Protective Equipment Where the use of the hazardous substance cannot be avoided then employers must undertake the COSHH assessment specific to the operation. Due consideration must be given not only to the operatives undertaking the operation but to others who may be within the vicinity of the hazardous operations. The assessment itself must be based on the information contained within the hazard data sheet relating to the hazardous substance to be used and also the duration and quantity of the substance used. All employees involved with the use of hazardous substances must be briefed on the contents of the COSHH assessment prior to undertaking the operation. Any subcontractor using Hazardous substances must include the appropriate COSHH Assessment as part of an overall fully detailed health and safety method statement. All subcontractors using COSHH materials must ensure the COSHH assessment and Material Safety Data Sheet are stored on site for the duration of time the hazardous substance is stored on site Working in Confined Spaces For all confined space works, a confined space risk assessment must be completed. This risk assessment will provide the controls that need to be implemented to allow the confined space operation to be safely undertaken. Any subcontractor undertaking confined space entry work must provide Byrne Group Management with a fully detailed method statement detailing the controls and a site specific Rescue Plan. Where there is a necessity for subcontractors to work within a confined space (i.e. any place including any chamber, tank, vat, silo, pit, trench, sewer, flue, well or similar space in which, by virtue of its enclosed nature, there arises a reasonably foreseeable significant risk), these works must be carried out under the conditions specified within a job specific confined space entry permit. Subcontractors should take due note of the main hazards within confined spaces: Oxygen deficiency / displacement Asphyxiation Oxygen enrichment - explosion & fire Toxic atmospheres - poisoning/asphyxiation Any individuals working in a confined space are deemed, as per section 3.8 Occupational Health, to be Safety Critical Workers and as such must bring with them a Fit note prior to starting any safety critical works on site. Note: There is a specific medical for Safety Critical Workers. Prior to any work being undertaken in a confined space, subcontractors should consider the following: Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 30 of 45

81 Medically fit personnel Experienced personnel Confine space trained Age of personnel Familiar with all necessary procedures Suitable attendants Byrne Group Safety Management System The production of an in-depth risk assessment Supervision of the operation PPE/RPE and emergency equipment provision Communications - constant and intrinsically safe Atmospheric monitoring - before and during entry Emergency procedures including emergency first aid PPE Method Statements and Risk Assessments must state what type and classification of Personal Protective Equipment (PPE) is required to support each work activity and the appropriate PPE must be worn for the work undertaken at all times. The subcontractor s site supervisor and/or manager is responsible for ensuring that personnel under their control are issued with the appropriate PPE and that it is suitably cleaned and maintained. Minimum mandatory requirements for all construction site personnel are as follows ITEM BRITISH STANDARD COMMENTS Safety Helmet EN 397 Name and induction stickers should be applied to helmets using approved stickers only (site-based staff). Safety EN ISO All safety footwear must incorporate a steel toecap and mid- Footwear High Visibility Jacket/Vest EN 471 Sole protection. Safety boots with ankle supports No safety shoes or trainers No Rigger Boots Must be clean with no toe-cap exposed. Yellow vests for general purposes with company logo. Orange vests for Traffic Marshal and slinger/signalers with Traffic Marshal or Slinger Signaler on the rear. Vests must not be cut down and must be clean to fully retain their reflective qualities. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 31 of 45

82 Byrne Group Safety Management System Safety Eyewear Protective Gloves EN 166 1F, class 1 EN 166 1B, class 1 EN 166, EN169 and EN 175 EN 388 General protection against dust, debris and airborne particles. Additional protection against liquid (chemical) splash, large particles, molten metals and solids. Further protection whilst carrying out any gas or arc welding activities. Individuals who wear glasses must have specific safety glasses. Gloves must be selected based upon EN388 5-digit classification system to provide full protection to support the activity e.g. protection against cuts, abrasions and burns etc. (or a combination thereof). Byrne Group and the trade subcontractor shall take appropriate and immediate action if an employee is not or incorrectly using their PPE. Where additional PPE is necessary, the subcontractor s Method Statement will identify the requirements. Examples may include the following: ITEM REQUIREMENTS Hearing Protection Ear defenders and ear plugs (BSEN 352-2) Ear defenders attached to safety helmets (BSEN 352-3) Fall Arrest Equipment Full safety harness with safety lanyard (BS EN 361) Chemical Gloves Gloves to protect against chemicals and micro-organisms (BSEN 374) Respiratory Protection Protection against fumes and highly toxic metals (BS EN 149 Type FF PS3) Protection against highly hazardous materials, e.g. Asbestos fibers and Bio Hazards. Respiratory protective devices. Self-contained open-circuit compressed air breathing apparatus with full face mask. Requirements, testing, marking (BS EN 137) All subcontractors are required to ensure that any additional requirements are fully adhered to as and when it is necessary to do so. This will include all dress code requirements e.g. no shorts or vests will be permitted. Protective clothing and equipment issued to subcontractors by the senior management team is recorded using PPE Register. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 32 of 45

83 Byrne Group Safety Management System Supervision Supervision levels will be determined according to the levels of risk involved and the competence of those undertaking the works. The Senior Manager and subcontractor will agree supervision levels prior to award of sub-contract and requirements will be identified within the Method Statement and Risk Assessment. Subcontractors must be able to declare and demonstrate the level of health and safety and environmental training undertaken by their supervisors and/or managers, which should respectively reflect their responsibilities. Subcontractors must provide sufficient resources to satisfy necessary safety and environmental appointments, including first aiders, fire/emergency co-ordination and appointed person/supervisors for lifting operations, as identified prior to award of the sub-contract. Subcontractors must provide full-time supervision for their work activities. The sub contractor s supervisor and/or manager will monitor and report on the on-going suitability of control measures for their work activities. Each subcontractor s management team will be subject to Byrne Group s monthly monitoring programme and infringements may result in disciplinary action. Although Byrne Group welcome non-english speaking personnel onto our projects, subcontractors are reminded that: Our projects are English speaking in respect to project communications. All non-english speaking personnel must be able to receive English spoken site communications and instructions. This will require the subcontractor to provide adequate levels of competent supervision (on a 1:5 ratio) who can translate communications and instructions into and from the relevant language(s) of the subcontractor s workforce. Where translators are used for briefings, the translator must be highlighted on the record of the briefing, along with the individuals he/she translated for. The standards of safety competence and training requirements required within the subcontractor s workforce are constant for all personnel regardless of native origin and/or language spoken. The subcontractor is fully responsible for all additional resources and associated costs required to affect satisfactory levels of competence and communication within their workforce Information & Consultation Meetings The Senior Manager is responsible for ensuring that the following meetings are attended by subcontractor s representatives (at their own cost): Pre-start meetings to agree site set-up requirements, the availability of subcontractor s Risk Assessments/Method Statements, site safety and environmental controls and waste management. Progress meetings to review the on-going suitability and adequacy of the above. Safety/SLT meetings to discuss issues related to the establishment. Meetings to discuss and review specific safety and environmental procedures e.g. evacuation arrangements to reflect changing hazards, lifting operations etc. Attendance is mandatory. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 33 of 45

84 3.16. Protection of the Public Byrne Group Safety Management System Protection of the public is of paramount concern, and all arrangements must take into consideration the reduced level of awareness amongst members of the public. Any provisions for protecting the public defined in the establishment s plans must be adopted by all personnel alike e.g. Construction Phase Plan, Fire and Emergency Plan. The subcontractor must include adequate precautions for the protection of the public and others throughout the duration of the works. Arrangements in respect of the Protection of the Public shall be clearly defined within the subcontractor s method statement. The subcontractor shall not at any time rely on Byrne Group to: Identify hazards to the public associated with the subcontractor s operations Provide the necessary precautions for the control of the subcontractor s operations Provide extra monies for the provision of precautions which the subcontractor has clearly omitted to provide. Typical precautions may include: Site demarcation hoarding/fencing to prevent unauthorised access to work areas Protection against falling materials Protection/demarcation of the public and third parties during deliveries to site Maintenance of public footpaths/highways Protection against damage to 3rd party properties Appropriate storage of materials Protection against contamination from on-site operations (e.g. dusts, sprays & noise). Guidance: Protecting The Public Your Next Move HSG Permits to Work Where hazardous elements of an operation are undertaken, a permit to work system may be put in place. This will be identified within the relevant Method Statement and Risk Assessment(s). Examples of high risk activities that require a Permit to Work include (but are not limited to): Removal of highly hazardous materials and substances e.g. lead and asbestos. Working in a confined space i.e. a restricted work space where other hazards exist. Working at height where a full body safety harness is required. Live electrical works. Hot works. Excavations and temporary works. Once the Senior Manager has agreed the safe system of work, the subcontractor obtains a Permit to Work from the Senior Manager (or nominated person) prior to starting the work activity on a daily basis. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 34 of 45

85 Byrne Group Safety Management System Once issued, the subcontractor is responsible for ensuring the scope of the activity is as expressed within the Permit and for ensuring all safety control measures are maintained for the duration. The subcontractor must present the Permit at the end of each day to the Senior Manager (or nominated person) for review and sign off. Prohibited materials are those materials and/or substances whose use is being banned by law due to their harmful effects on human health and/or the natural environment, and/or their safety implications. Referable materials are those materials and substances whose use may have negative repercussions in human health and/or the environment and can only be used if they have been specified by the Principal Contractor or if there is not another suitable alternative product; in which case, they must be referred and approved by the Group Health, Safety and Environment Director before proceeding to use them. This guidance can be made available on request Accident, Incident & Near Miss Reporting Subcontractors must report any accidents or incidents to our senior management team at the earliest opportunity once injured parties have been taken care of, regardless of how small or insignificant. Each incident will be considered on its own merit as to whether it requires an investigation and to what level. Where Byrne Group is appointed as Principal or Main Contractor, subcontractors must provide a copy of the Accident Book entry and/or subsequent investigation, in order for Byrne Group to accurately record and manage accidents effectively to assist in future prevention. Where a subcontractor does not provide their own accident book, they will be required to follow the Byrne Group Accident Reporting procedure. Notwithstanding the requirements of the Data Protection Act 1998, subcontractors are reminded of their duty to co-operate with reasonable requirements of the Principal Contractor under the CDM Regulations. Where there is a reportable injury or disease, you will inform the Health and Safety Executive (HSE) directly, as required under the Reportable Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). The subcontractor will also provide the Senior Manager with the following information: A copy of the Accident Book entry; Copies of any witness statements; The results of an in-depth accident investigation undertaken by the Sub contractor; A copy of the completed F2508/F2508a form issued to the HSE; Copies of any further information or evidence e.g. photographic evidence. Subcontractors are required to keep Byrne Group informed of the subsequent development of long term injuries, diseases and dangerous occurrences. Each incident will be considered on its own merit as to whether it requires an investigation and to what level. Subcontractors must co-operate fully with any on-going accident investigation undertaken by the Senior Manager (or nominated person) for Byrne Group Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 35 of 45

86 Byrne Group Safety Management System or the HSE, and assist in implementing subsequent remedial actions or preventive measures as required. The senior management team must also be notified of any other significant incident e.g. trespass, violent acts, vandalism or near miss that potentially could have caused harm Incident & Injury Free (IIF) Byrne Group has committed to an on-going Incident and Injury Free (IIF) The Byrne Way initiative, which is designed to encourage a behavioural change by considering the moral aspect of safety and to encourage us to question the core of what is important to us. In order to fully support the IIF programme and our tender negotiation activities, we require our subcontractors Directors responsible for health, safety and the environment to commit to the programme by ensuring that all personnel attend a commitment workshop or orientation training (dependent on the individual s role). There is no cost to the subcontractor for IIF training. However, where individuals booked on a training session do not attend, this will be charged to the subcontractor as a contracharge at the rate of 150 per person. All construction workers are required to attend an IIF workshop to enable them to work at a Group construction site. Anyone that is found not to have attended an IIF workshop may, depending upon their role and responsibilities, be asked to leave the site until they have been able to attend. Subcontractors are responsible for informing the Senior Manager at the earliest opportunity when new operatives will be visiting a group site, so that IIF training can be arranged. This commitment is also expected from senior members of our subcontractors e.g. directors and managers, who may also be requested to attend IIF training where deemed necessary Disciplinary Code We operate a comprehensive disciplinary code on all sites, which allows for warnings to be issued and recorded. Implementation of this procedure and authorisation for issuing warnings is at the discretion of the premises/site management. Authorised personnel will be identified in advance and have their responsibility confirmed in writing. Byrne Group s Warning Card System consists of a yellow card (first warning) and a red card (Second yellow card or gross misconduct). Yellow card (First Warning) The individual will be suspended from work for the rest of that day, pending a formal investigation into the incident. Failure to observe an instruction on safety issues, whether verbal or by signage. Failure to comply with agreed methods of safe working e.g. risk assessments, method statements, task sheets etc. Failure to use PPE, knowingly working in unsafe areas, knowingly working without permits, operating plant without authority and failing to use defined access routes. Red card (Second yellow card or gross misconduct) Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 36 of 45

87 Byrne Group Safety Management System Any individual committing gross misconduct regarding safety, or a second offence by an individual who has already received a yellow card, will result in the individual being permanently removed from the establishment. Premeditated breach of safety rules where there is a perceived risk of life. Unauthorised removal of safety devices (e.g. limits switches, interlocks, guard rails etc.) where, in the opinion of the Manager, there was immediate risk to life. Deliberately exposing the public to danger by not complying with agreed safe methods of work. Deliberately not complying with the instructions in method statements, risk assessments or task sheets. Any gross misconduct incident such as alcohol or drug use on site. Where warnings are issued, the subcontractor will be required to reply in writing that action has been taken to prevent recurrence of the breach Monitoring, Auditing & Review Regular internal audits are undertaken by Byrne Group s Assurance team as are audits on subcontractors by the Byrne Group project team; these are identified in the monthly monitoring programme. An external auditing process is also in place in line with the requirements of ISO and BS OHSAS certification. Subcontractors must co-operate fully with any arrangements made by Byrne Group to monitor and audit procedures and activities at our establishments, undertaking remedial actions as required by the senior management team. Where Byrne Group does not have a specific procedure or standard in writing, the requirements of the following should be implemented: Approved Codes of Practice and published best practice advice and guidance from the Health and Safety Executive. Relevant British Standards. Published advice and guidance All queries should be directed to the Senior Manager or the Safety Dept. Subcontractors have a legal duty to carry out regular inspections of certain work equipment under their control e.g. working platforms, mechanical plant, lifting equipment. Where subcontractors undertake their own inspection regime, the Senior Manager will require a copy of inspections as and when they are completed. Byrne Group SMS guidance and forms are available for use on request. Subcontractors will be required to identify who has responsibility for managing and monitoring each of their work activities. Each subcontractor s supervisor and/or manager will attend safety information and consultation meetings as requested by the Senior Manager and undertake appropriate remedial actions as requested by the site management team. Infringements may result in disciplinary action. Byrne Group maintains a database of subcontractors, where on-going performance is measured and recorded against specific requirements, along with any disciplinary warnings issued to subcontractor personnel. This database enables the senior management and health and safety teams to periodically review performance and breaches in compliance in order to optimise resources and agree future resource allocation. Each subcontractor is required to provide evidence, on request, of specific monitoring to Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 37 of 45

88 Byrne Group Safety Management System verify the final status and safe completion of any activities they have carried out Site Safety Performance (Safety League) Byrne Group, where appropriate, will set up and implement a safety league on each of its sites where subcontractors will be scored on pre-determined criteria. Specific guidance will be issued to subcontractors at pre-start meetings but the following is a snapshot of the process. Subcontractors will be required to submit to the Byrne Group Management Team a weekly safety returns pack covering: PUWER Mobile towers Supervisor safety inspections Toolbox talks Daily task briefings Noise monitoring Vibration monitoring Subcontractor s performance with regards to compliance with returning the safety pack will be scored, as will site management, safety meeting attendance, housekeeping and workforce. Subcontractors who fall below the reasonable standard score will be required to produce an action plan on how to improve their H&S procedures and standards and a Director from that company may be required to attend site to deliver the plan to the Byrne Group Senior Site Manager. If this occurs on a regular basis the company risks being removed from the approved list of subcontractors Health and Safety File Each subcontractor must provide information as required by the Senior Manager for inclusion in the Health and Safety File, as required by the CDM Regulations and environmental legislation. All subcontractors are reminded of the importance of submitting the necessary documentation in the required format and in a timely manner. 4. Environmental Management 4.1. Environmental Documentation Environmental Policy Byrne Group s Environmental Policy outlines Byrne Group s Environmental Values and aspirations and subcontractors are required to work in adherence with this policy. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 38 of 45

89 Byrne Group Safety Management System Site Environmental Management Plan (SEMP) The Byrne Group SEMP sets out the arrangements for the identification, management, monitoring and control of the environmental impacts of a given project. Subcontractors are required to work in accordance with the requirements set out within the SEMP. A copy of the SEMP should be issued to all subcontractors; of particular interest will be section 4 Subcontractor Environmental Considerations CS54 Environmental Aspects & Impacts Register The Byrne Group CS54 is a site specific risk assessment that evaluates and calculates a numerical score in order to assess the significance of a given aspect. The register also details the control measures employed to remove or reduce the impact of identified aspects, the most significant of which are detailed within the SEMP. The subcontractor will be issued with the Aspects & Impacts Register and provide additional information to Byrne Group where there scope of operation creates additional aspects to allow the Register to be updated on a regular basis Environmental Emergency Preparedness Plan The Byrne Group Emergency Preparedness Plan is prepared identify the potential for an emergency situation and describes the actions to be taken to respond to the event. This plan contains the contact details of the company environmental advisor and the local authorities to be contacted in case of an emergency. Subcontractors are required to assist Byrne Group to manage any potential emergency situation. In the event of an environmental incident, an investigation must be carried out in order to ascertain the cause and to ensure that the likelihood of it reoccurring is minimised, e.g. by amending the Emergency Preparedness Response Plan, notifying all staff of the incident and of the lessons learnt. All environmental incidents should be reported on a CS23a form. Each incident will be considered on its own merit as to whether it requires an investigation and to what level. Subcontractors must co-operate fully with any on-going incident investigation undertaken by the Senior Manager (or nominated person) for Byrne Group or the HSE, and assist in implementing subsequent remedial actions or preventive measures as required Site Waste Resource Management Plan (SWRMP) The Byrne Group SWRMP outlines how waste is to be managed by an individual project both on site, in terms of what bins are allocated and what waste streams are being segregated, as well as to where waste is sent to be processed. The plan also acts as the monthly reporting function for waste generation and resource use. Therefore, all waste that a subcontractor generates or energy/ water that they use should be recorded within the SWRMP Method statements & Risk Assessments Each subcontractor must make their operatives aware of the environmental impacts associated with their operation and ensure that minimisation practices are understood and implemented. Method Statements must detail specific measures that will prevent nuisance arising from Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 39 of 45

90 Byrne Group Safety Management System noise, vibration, dust, smoke, fumes and odour. Subcontractors will report against environmental key performance indicators as agreed by the senior management team 4.2. Waste Management Byrne Group will develop a Site Waste Resource Management Plan when operating as Principal Contractor. Subcontractors must comply with Byrne Group SWRMP requirements and supply information as and when required. Where, as a part of a particular subcontractor s tender agreement it has been agreed that the subcontractor is to accept full responsibility for the management and removal of their waste, this must (as an absolute minimum) include the following environmental control measures: To provide an estimate of the amount of waste and how this will be treated before works commence. To provide a fully detailed environmental risk assessment and method statement (if separate from or in addition to any other task-related documentation that has already been supplied). To provide copies of all relevant EA waste carrier licenses and HSE operator licenses (as applicable). To provide a copy of the Environmental Permit for the facility/transfer station that waste is to be removed to. To ensure that any general or inert waste is safely handled, identified and securely stored on site. To ensure that any hazardous waste is safely handled and stored on site, is clearly identified and is kept separate from any other types of non-hazardous waste. To ensure that all non-hazardous and hazardous waste that is removed from site by the subcontractor is transferred to an approved location, i.e. an appropriate EA licensed waste transfer station or EA licensed treatment plant When transferring non-hazardous waste, to ensure that transfer notes comply with legal requirements. When transferring hazardous waste, to ensure that consignment notes comply with legal requirements. To ensure that, once produced, copies of all relevant documentation is passed onto the Project Manager (or nominated member of the project team) for filing within the site health and safety file. To provide waste reports at timescales agreed with the management team. The reports must include a description of the type of waste, using the European waste code, quantities in m3 or tons and recycling rates for each type of waste removed from site Subcontractors must keep copies of waste transfer notes and consignments notes for a minimum of 2 or 3 years respectively. All waste must be dealt with in accordance with the Environmental Protection (Duty of Care) Regulations. Subcontractors must provide waste reports when removing waste from site at timescales agreed with the senior management team Reports must include a description of the type of waste, a European waste catalogue (EWC) code, quantities in tons as well as the destination and recycling rates for each type of waste removed from site. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 40 of 45

91 Byrne Group Safety Management System Subcontractors will report the waste streams collected from the premises and the corresponding recycling rates on a monthly basis. All Waste Transfer Notes/Consignment Notes must record the following: - SIC Code Waste Description Waste Producer Waste Hierarchy Declaration Volume/Weight of Waste European Waste Code (EWC) Destination of Waste Waste Carrier License number and/or Waste Management Licenses Time and date of collection 4.3. Chain of Custody All timber and plywood delivered to site must be sourced from a legal and responsible source. Both FSC (Forest Stewardship Council) and PEFC (Programme for the Endorsement of Forest Certification) certified timber and plywood is deemed compliant, but only when delivered by a Chain of Custody certified supplier. Chain of Custody certification number and Product description must be on every delivery ticket and invoice. We will ensure that chain of custody requirements are communicated to subcontractors and reporting schedules agreed. Where Subcontractors are required to supply FSC and/or PEFC timber or timber products, it must be under Chain of Custody certification. All delivery notes and invoices for such materials will clearly state the Chain of Custody certification details. The description of the materials supplied to site will include the correct Chain of Custody Scheme and, where applicable, the percentage claim, e.g. FSC 100%, FSC Mix X%, X% PEFC certified, etc. If certified and non-certified wood products are included in the same delivery, the delivery documentation and invoice must clearly differentiate certified from non-certified materials. The Subcontractor warrants that they will not supply timber or timber products that are sourced from any of the following sources: Wood harvested from forests where traditional or civil rights are violated. Wood harvested from non-certified forest areas having high conservation values which are threatened. Wood harvested from genetically modified (GM) trees. Illegally harvested wood. Natural forest that has been converted to plantations or non-forest use. Forest areas protected by law (or planned to be so protected). Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 41 of 45

92 4.4. Responsible Sourcing Byrne Group Safety Management System All timber and plywood delivered to site must be sourced from a legal and responsible source. Both FSC and PEFC certified timber and plywood is deemed compliant, but only when delivered by a Chain of Custody certified supplier. Byrne Group promote the use of BES6001 approved suppliers for all applicable materials whilst certain projects require their use either for specific materials or where targeted by BREEAM or Code for Sustainable Homes schemes BREEAM/CFSH Compliance & Other Environmental Assessments Where a project is targeting a BREEAM or Code for Sustainable Homes assessment, subcontractors may be required to provide information to ensure that all required data/information is passed on to allow the successful completion of the assessment. A thorough evaluation of the credits/aspects targeted against the scope of works for subcontractors will need to be undertaken prior to the assignment of responsibility for completion or provision of data/information. Any subcontractor requirements for Environmental Assessments will be passed on during initial subcontractor meetings. The most usual/frequent requirements (although by no means an exhaustive list) include: Waste streams generated, tonnages, their disposal/recovery facilities and the % recycling/disposal rate Responsible sourcing certificates for applicable materials Chain of custody certificates and timber tickets demonstrating compliance Testing certificates demonstrating compliance with VOC requirements for applicable materials 4.6. Pollution Prevention Every site will produce an Emergency Preparedness Plan and an Emergency Spillage Procedure. This will be issues to all subcontractors and will be adhered to in the event of an environmental incident on site. All Environmental incidents will be reported to Byrne Group Water Adequate and suitable spill kits will be made available wherever a hazardous liquid is being handled. Measures will be implemented on site to ensure that nothing enters the surface water drains. No trade effluent to be discharged without permission and consent from Byrne Group and the relevant water regulator. Ensure that washings from concrete vehicles, mixers or pumps do not flow into any drain or watercourse without appropriate treatment and relevant permissions. All fuels and oils are to be stored on an impervious base within an oil-tight secondary containment system such as a bund or interceptor drip tray. As a minimum, this Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 42 of 45

93 Byrne Group Safety Management System containment system should be large enough to contain 110% of its volume, when the container is over 200 litres, and when more than one container in a bund, the bund must be able to hold whichever of the following is greater: 25% of the total storage capacity. 110% of the largest container s volume Air Dust and emissions arising from site may cause a nuisance to our neighbours and can cause air pollution. In order to avoid these impacts subcontractors will Follow speed limits on site on haul routes. Use dust screening when dust-generating activities cannot be avoided and other measures do not guarantee the reduction of dust in the air. Carry out daily inspections to mechanical plant on site to ensure that they are in good working order. Utilise wheel washers for vehicles leaving the site, where practicable, so the mud is not spread on the highways. Minimise cutting and grinding on site where possible. Use equipment and techniques such as dust extractors to minimise dust when using cutters and saws. Ensure that engines are switched off when they are not in use. Take account of the wind conditions when arranging activities that are likely to emit aerosols, fumes, odours and smoke. Subcontractors should also take note of the Mayor of London s NRMM requirements for any Non-Road Mobile Machinery with a power rating of greater than 37kW. In the event that a contractor is using equipment of this type, it must meet the emission standards detailed in the table & map below. Details of the engine s emission standard and retrofit technology (if applicable) must also be submitted to the Project Manager. *Major developments are defined as a residential developments w ith over 10 dw ellings and for all other uses contain a floor space of greater than 1000 m2 or a site area of 1 ha or more. Subcontractor s Health, Safety and Environmental Standards / Jan 16 / 6.0 Page 43 of 45