RTMC Model Conditions of Contract - Highways Agency

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Regional Technology Maintenance ContractConditions of ContractClause Z26 Continual Improvementproposal then Service Manager issues an instruction to amend PriceList accordingly.Z26.1 The Contractor continually reviews its and its Subcontractors Processes,Procedures and Materials selected by the Contractor andSubcontractors for incorporation into the service in order to identifyEfficiency Improvements.Z26.2 In reviewing the Processes, Procedures and Materials selected by theContractor and Subcontractors for incorporation into the service theContractor as a minimum implements the requirements of the ServiceInformation.Z26.3 The Contractor submits details of any Efficiency Improvement to theService Manager for acceptance. The details must include anexplanation of the change to existing Processes, Procedures and/orMaterials selected by the Contractor and Subcontractors forincorporation into the service together with calculations showing theforecast reduction in the Prices accruing from the EfficiencyImprovement including the timeline over which the reduction will berealized.Z26.4 If the Service Manager accepts an Efficiency Improvement then thePrices are reduced, the reduction being assessed as 50% of theforecast reduction in the Prices identified in the Contractor’s submission.The reduction endures for the remainder of the term of this contract oruntil there is a further reduction on acceptance of a further EfficiencyImprovement and the annual discounts are applied to the reducedPrices.Z26.5 If the Service Manager accepts an Efficiency Improvement theContractor’s Quality Plan is amended to reflect the change inProcesses, Procedures and/or Materials selected by the Contractor andSubcontractors for incorporation into the service. Where the change inProcesses, Procedures and/or Materials selected for incorporation intothe service relates to subcontracted work, the Contractor ensures thatits subcontract arrangements are appropriately adjusted to enable theimprovement to be realized.Z26.6 The acceptance of an Efficiency Improvement by the ServiceManager does not relieve the Contractor of any of its obligationsunder this contract.Z26.7 A change to a Process and/or Materials selected by the Contractorand Subcontractors for incorporation into the service in order tocorrect a Nonconformity is not an Efficiency Improvement and theContractor is not entitled to any payment for the design ordevelopment of an Efficiency Improvement.Clause Z27 Service Manager’s provided PremisesZ27.1 The Contractor occupies and uses the Premises on the basis agreedbetween the Service Manager and the Contractor pursuant to theService Information.Z27.2 The Contractor may, at its own cost and with the Employer’s priorapproval, elect not to use the Premises and to use its own premisesRTMC CoC, Issue 1, Rev 0 July 2011
Regional Technology Maintenance ContractConditions of Contractinstead.Z27.3 Subject to the Service Manager’s acceptance that the Contractor isable to Provide the Service to the standard required by this Contract,the Contractor may use its own premises.Z27.4 The Service Manager provides fully serviced and furnished officeaccommodation as stated in the Service Information for the use ofrepresentatives of the Contractor:Clause Z28Clause Z29 TerminationObjects and Materials within the Affect PropertyZ28.1 The Contractor takes all reasonable steps (by way of sale, re-use orotherwise) to maximise the value to the Employer of any wasteEquipment and/or Plant and Materials to which the Employer has titlearising in the course of Providing the Service. Any amount received bythe Contractor from the sale of such waste Equipment and/or Plantand Materials belongs solely to the Employer.Z29.1 Delete clause 91.3 and replace with91.3 The Employer may terminate if the Service Manager has notifiedthat the Contractor has defaulted in one of the following waysand not stopped defaulting within four weeks of the notificationexcept for failures to comply with Z2, Z6, Z9.Clause Z30 CDM RegulationsClause Z31• Substantially hindered the Employer or Others (R14).• Substantially broken a health or safety regulation (R15).For failures to comply with Z2, Z6 and Z9 the Employer mayterminate at any time after the failure has occurred whether ornot the Contractor has stopped defaultingZ30.1 The Contractor fulfils the role of principal contractor for the purposes ofthe CDM Regulations.Z30.2 The Contractor assists the• Employer in order to fulfill his duties as client• the Service Manager or Others in order to fulfill their duties as CDMCo-ordinatorunder the CDM Regulations as requiredCompensation EventsZ31.1 Clause 60.1 is deleted and replaced with the following clauses60.1 The following are compensation events.(1) The Service Manager gives an instruction changingthe Affected Property.(2) The Service Manager instructs or agrees a changeto the Service Information whichRTMC CoC, Issue 1, Rev 0 July 2011
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RTMC Model Conditions of Contract - Highways Agency

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