Our Ref: PROJECT WORKS SERVICES AGREEMENT [Insert Ref. No] 2

Transcription

1 {To be typed on Irish Water Headed Paper} PROJECT WORKS SERVICES AGREEMENT 1 To: (the Customer ) Our Ref: PROJECT WORKS SERVICES AGREEMENT [Insert Ref. No] 2 Date: Project Works Services Agreement - To Provide Design Services To Cater For A Future Water and/or Wastewater Connection to the: [Waterworks and/or Wastewater Works] 3 (the Network(s) ) AND [insert Customer s full address where works will be carried out 4 ] (the Customer's Premises ) Dear Sir/Madam, We refer to your application for a connection to the Network(s) (the Customer Application, a copy of which is enclosed at Appendix 1). Following discussions between us, we have identified that certain design services [and/or enabling works] 5 (the Project Works Services ) are required to be carried out prior to further discussions taking place in relation to your connection to the water and/or wastewater network(s). You ( You or the Customer ) have requested that the Project Works Services be carried out at your cost (see further below at paragraph [ ]) by Irish Water. Irish Water has agreed to undertake the Project Works Services for You subject to the terms and conditions set out in this letter. The terms of this letter shall constitute the Project Works Services Agreement (the Agreement ) between us in respect of the delivery of the Project Works Services by Irish Water. Any connection by You to the water and/or wastewater network(s) will be subject to entry by You into a separate connection agreement with Irish Water. We would encourage You to read the entirety of the Agreement. If You are satisfied with the terms and conditions contained within this Agreement and wish to accept it, please complete 1 Put in box. 2 To be completed. 3 Amend as appropriate prior to execution. 4 To be inserted prior to execution. 5 To confirmed.

2 the steps outlined in section 2 below. The Project Works Agreement Offer is based on the information submitted with the Customer s Application and the Assumptions set out in section 9 of this Offer. 1. Irish Water s Offer The terms this this letter shall constitute the Project Works Services Agreement between the parties. 2. Acceptance of Offer Irish Water s offer to undertake the Project Works Services is valid for 30 days from the date of this letter. After this date, this o ffer will lapse unless otherwise agreed in writing by Irish Water. In order to validly accept Irish Water s offer to undertake the Project Works Services and to enter into this Agreement, please complete the following steps: a. sign the Customer Acknowledgement and Acceptance section of this Agreement and return a complete copy of the Agreement to Irish Water at [ ] 6 ; AND b. pay the Costs Estimate to Irish Water in accordance with section 5 below (together the Acceptance Requirements ). Irish Water will, upon receipt of the Acceptance Requirements from You, provide You with a letter of acknowledgement (the Acknowledgement Letter ). 3. Project Works Services The Project Works Services include those design services [and/or enabling works] 7 set out in Appendix 1 to this Agreement. 4. Project Works Services Cost The cost of completing the Project Works Services will include all costs and expenses incurred and committed, directly or indirectly, by or on behalf of Irish Water (and its contractors and subcontractors) in respect of all, or part, of the Project Works Services and in the performance of its obligations under the Agreement. The Project Works Services costs include: all costs related to management, planning and design of the Project Works Services; and all costs and expenses (including fees and expenses of professional advisers) incurred in connection with the preparation, negotiation, completion and implementation of the Agreement. 6 Insert relevant address. 7 To confirmed.

3 The Project Works Services costs are payable by You and will be invoiced by Irish Water in two (or more) tranches, as follows: an estimate of the Project Works Services Costs (the Costs Estimate ), as set out in section 5 below, on acceptance of this Agreement; and a balancing payment following completion of the Project Works Services as a pre-condition to any connection offer being made to You by Irish Water. Please note that where the Costs Estimate paid by You is in excess of the final outturn costs of completing the Project Works Services, Irish Water will refund the difference in these two amounts to You. 5. Costs Estimate The Costs Estimate is prepared based on completing the Project Works Services within the timescale identified in the outline programme set out in Appendix 3. The Costs Estimate is based on the Assumptions set out in section 9 below. Any inaccuracy in and/or material variation in the Assumptions may result in an adjustment to the Costs Estimate and further costs being payable by You. The estimate is; XXXXX (insert amount in words) inclusive of 10% contingency. The Costs Estimate is payable as follows: (a) (b) Cheque made payable to Irish Water : or Money Transfer by EFT to the following bank account: Bank Name, Bank Address, Ireland Account Name BIC IBAN IW AR xxxxxxxx xxxxxxxxxxxxxxxxxxxx Please note that You must quote the Irish Water reference number Our Reference which can be found at the beginning of this letter. The Costs Estimate will only be deemed to have been paid when funds have cleared in Irish Water s bank account. 6. Target Completion Date The outline programme set out in Appendix 3 of this Agreement is based upon Irish Water s assessment of the time required to complete the Project Works Services. Following Your acceptance of this Agreement, Irish Water will issue You with an Acknowledgement Letter and will provide You with a target completion date for the delivery of the Project Works Services. 7. Payment 7.1. Irish Water will invoice You for payment of the Project Works Services costs as follows:

4 an invoice for the Costs Estimate is included with this letter at Appendix 4; an invoice for the final outturn costs, less the Costs Estimate, will issue following completion of the Project Works Services Irish Water shall be entitled to issue one or more invoices for the amounts set out at section above and You shall be required to pay the amounts invoiced by the due date for payment provided always that this date is not earlier than twenty-eight (28) days from the date of invoice. 8. Ownership and Copyright 8.1. You and Irish Water agree that any right, title or interest in property acquired by Irish Water in performing Irish Water s obligations with respect of the Project Works Services shall belong to and vest solely in Irish Water Ownership and copyright to all drawings, specifications and/or other documents produced by or on behalf of Irish Water in undertaking the Project Works Services and any designs contained in them shall vest solely in Irish Water and/or its consultants, as appropriate. 9. Assumptions The scope of Project Works Services as set out in Appendix 1 hereto and the Costs Estimate as outlined in section 5 have, for the purpose of this offer, been completed based on the details included in and with the Customer s Application and based on the the following assumptions: a. the information contained in the Customer s Application is true, accurate and complete in all material respects; and b. the figures quoted are prepared without knowledge of existing utilities and are not measured on site. They are based on assumed quantities without constraints of other services. each an Assumption and together the Assumptions. Any inaccuracy in and/or material variation in the Assumptions may lead to additional costs being incurred in the completion of the Project Works Services. 10. Amended Offer Letter Any material change in the Assumptions may result in a change in: (i) the Project Works Services costs, (ii) the consents required to complete the Project Works Services, and/or (iii) the scope of the Project Works Services. In the event of any such a change, the terms of this Agreement will need to be amended in order to facilitate the delivery of the Project Works Services. Any additional costs arising from the change in the Assumptions will be payable by You as part of the Project Works Services costs.

5 11. Queries If You have any queries in relation to the details of this Agreement, please contact Connections Manager at or by Telephone on If You have any queries in relation to the payment relating to the Connection Charge please contact Irish Water Customer Service Department (contact details below) 8. We look forward to hearing from You. Yours faithfully Irish Water 8 Insert contact details.

6 CUSTOMER ACKNOWLEDGMENT & ACCEPTANCE We (the Customer) hereby accept the terms of this Agreement in relation the carrying out of the Project Works Services by Irish Water. SIGNATURE For and on behalf of the Customer PRINT NAME DATE WITNESSED BY PRINT NAME

7 Appendices Appendix 1 Scope of Project Works Services Appendix 2 Estimate of Project Works Services Costs Appendix 3 Outline Programme of Project Works Agreement Appendix 4 Invoice for the Acceptance Amount

8 Appendix 1 Scope of Project Works Services

9 Appendix 2 Breakdown of Costs Estimate

10 Appendix 3 Outline Programme

11 Appendix 4 Invoice for Costs Estimate

12 {To be typed on Irish Water Headed Paper} PROJECT WORKS SERVICES AGREEMENT 1 To: (the Customer ) Our Ref: PROJECT WORKS SERVICES AGREEMENT [Insert Ref. No] 2 Date: Project Works Services Agreement - To Provide Design Services To Cater For A Future Water and/or Wastewater Connection to the: [Waterworks and/or Wastewater Works] 3 (the Network(s) ) AND [insert Customer s full address where works will be carried out 4 ] (the Customer's Premises ) Dear Sir/Madam, We refer to your application for a connection to the Network(s) (the Customer Application, a copy of which is enclosed at Appendix 1). Following discussions between us, we have identified that certain design services [and/or enabling works] 5 (the Project Works Services ) are required to be carried out prior to further discussions taking place in relation to your connection to the water and/or wastewater network(s). You ( You or the Customer ) have requested that the Project Works Services be carried out at your cost (see further below at paragraph [ ]) by Irish Water. Irish Water has agreed to undertake the Project Works Services for You subject to the terms and conditions set out in this letter. The terms of this letter shall constitute the Project Works Services Agreement (the Agreement ) between us in respect of the delivery of the Project Works Services by Irish Water. Any connection by You to the water and/or wastewater network(s) will be subject to entry by You into a separate connection agreement with Irish Water. We would encourage You to read the entirety of the Agreement. If You are satisfied with the terms and conditions contained within this Agreement and wish to accept it, please complete 1 Put in box. 2 To be completed. 3 Amend as appropriate prior to execution. 4 To be inserted prior to execution. 5 To confirmed.

13 the steps outlined in section 2 below. The Project Works Agreement Offer is based on the information submitted with the Customer s Application and the Assumptions set out in section 9 of this Offer. 1. Irish Water s Offer The terms this this letter shall constitute the Project Works Services Agreement between the parties. 2. Acceptance of Offer Irish Water s offer to undertake the Project Works Services is valid for 30 days from the date of this letter. After this date, this o ffer will lapse unless otherwise agreed in writing by Irish Water. In order to validly accept Irish Water s offer to undertake the Project Works Services and to enter into this Agreement, please complete the following steps: a. sign the Customer Acknowledgement and Acceptance section of this Agreement and return a complete copy of the Agreement to Irish Water at [ ] 6 ; AND b. pay the Costs Estimate to Irish Water in accordance with section 5 below (together the Acceptance Requirements ). Irish Water will, upon receipt of the Acceptance Requirements from You, provide You with a letter of acknowledgement (the Acknowledgement Letter ). 3. Project Works Services The Project Works Services include those design services [and/or enabling works] 7 set out in Appendix 1 to this Agreement. 4. Project Works Services Cost The cost of completing the Project Works Services will include all costs and expenses incurred and committed, directly or indirectly, by or on behalf of Irish Water (and its contractors and subcontractors) in respect of all, or part, of the Project Works Services and in the performance of its obligations under the Agreement. The Project Works Services costs include: all costs related to management, planning and design of the Project Works Services; and all costs and expenses (including fees and expenses of professional advisers) incurred in connection with the preparation, negotiation, completion and implementation of the Agreement. 6 Insert relevant address. 7 To confirmed.

14 The Project Works Services costs are payable by You and will be invoiced by Irish Water in two (or more) tranches, as follows: an estimate of the Project Works Services Costs (the Costs Estimate ), as set out in section 5 below, on acceptance of this Agreement; and a balancing payment following completion of the Project Works Services as a pre-condition to any connection offer being made to You by Irish Water. Please note that where the Costs Estimate paid by You is in excess of the final outturn costs of completing the Project Works Services, Irish Water will refund the difference in these two amounts to You. 5. Costs Estimate The Costs Estimate is prepared based on completing the Project Works Services within the timescale identified in the outline programme set out in Appendix 3. The Costs Estimate is based on the Assumptions set out in section 9 below. Any inaccuracy in and/or material variation in the Assumptions may result in an adjustment to the Costs Estimate and further costs being payable by You. The estimate is; XXXXX (insert amount in words) inclusive of 10% contingency. The Costs Estimate is payable as follows: (a) (b) Cheque made payable to Irish Water : or Money Transfer by EFT to the following bank account: Bank Name, Bank Address, Ireland Account Name BIC IBAN IW AR xxxxxxxx xxxxxxxxxxxxxxxxxxxx Please note that You must quote the Irish Water reference number Our Reference which can be found at the beginning of this letter. The Costs Estimate will only be deemed to have been paid when funds have cleared in Irish Water s bank account. 6. Target Completion Date The outline programme set out in Appendix 3 of this Agreement is based upon Irish Water s assessment of the time required to complete the Project Works Services. Following Your acceptance of this Agreement, Irish Water will issue You with an Acknowledgement Letter and will provide You with a target completion date for the delivery of the Project Works Services. 7. Payment 7.1. Irish Water will invoice You for payment of the Project Works Services costs as follows:

15 an invoice for the Costs Estimate is included with this letter at Appendix 4; an invoice for the final outturn costs, less the Costs Estimate, will issue following completion of the Project Works Services Irish Water shall be entitled to issue one or more invoices for the amounts set out at section above and You shall be required to pay the amounts invoiced by the due date for payment provided always that this date is not earlier than twenty-eight (28) days from the date of invoice. 8. Ownership and Copyright 8.1. You and Irish Water agree that any right, title or interest in property acquired by Irish Water in performing Irish Water s obligations with respect of the Project Works Services shall belong to and vest solely in Irish Water Ownership and copyright to all drawings, specifications and/or other documents produced by or on behalf of Irish Water in undertaking the Project Works Services and any designs contained in them shall vest solely in Irish Water and/or its consultants, as appropriate. 9. Assumptions The scope of Project Works Services as set out in Appendix 1 hereto and the Costs Estimate as outlined in section 5 have, for the purpose of this offer, been completed based on the details included in and with the Customer s Application and based on the the following assumptions: a. the information contained in the Customer s Application is true, accurate and complete in all material respects; and b. the figures quoted are prepared without knowledge of existing utilities and are not measured on site. They are based on assumed quantities without constraints of other services. each an Assumption and together the Assumptions. Any inaccuracy in and/or material variation in the Assumptions may lead to additional costs being incurred in the completion of the Project Works Services. 10. Amended Offer Letter Any material change in the Assumptions may result in a change in: (i) the Project Works Services costs, (ii) the consents required to complete the Project Works Services, and/or (iii) the scope of the Project Works Services. In the event of any such a change, the terms of this Agreement will need to be amended in order to facilitate the delivery of the Project Works Services. Any additional costs arising from the change in the Assumptions will be payable by You as part of the Project Works Services costs.

16 11. Queries If You have any queries in relation to the details of this Agreement, please contact Connections Manager at or by Telephone on If You have any queries in relation to the payment relating to the Connection Charge please contact Irish Water Customer Service Department (contact details below) 8. We look forward to hearing from You. Yours faithfully Irish Water 8 Insert contact details.

17 CUSTOMER ACKNOWLEDGMENT & ACCEPTANCE We (the Customer) hereby accept the terms of this Agreement in relation the carrying out of the Project Works Services by Irish Water. SIGNATURE For and on behalf of the Customer PRINT NAME DATE WITNESSED BY PRINT NAME

18 Appendices Appendix 1 Scope of Project Works Services Appendix 2 Estimate of Project Works Services Costs Appendix 3 Outline Programme of Project Works Agreement Appendix 4 Invoice for the Acceptance Amount

19 Appendix 1 Scope of Project Works Services

20 Appendix 2 Breakdown of Costs Estimate

21 Appendix 3 Outline Programme

22 Appendix 4 Invoice for Costs Estimate