RTMC Model Conditions of Contract - Highways Agency

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Regional Technology Maintenance ContractConditions of Contract(17) The Employer notifies the Contractor of an extensionor further extension to the service period for all orpart of the service. Only the difference between theforecast Defined Cost of the Lump Sum Duties in theextended period and the average Defined Cost ofthe Lump Sum Duties over the most recent sametime period in the service period after allowing forindexation, is taken into account in assessing thecompensation event.(18) The Service Manager does not reply to acommunication where required by this contractwithin the period for reply.(19) The Service Manager unreasonably refuses toauthorise the replacement of an item of Employer’sStocks when requested to do so by the Contractor.(20) The Service Manager instructs the Contractor to takeaction (other than any action required as part of theservice) to enable the Affected Property (or part of it) to be brought back into use by traffic or to minimisedisruption to the free flow of traffic on the AreaNetwork or Regional Technology Network followingan Incident.(21) A breach of contract or act of prevention by theEmployer which is not one of the othercompensation events in this contract.(22) The Employer or the Service Manager does notcarry out the actions allocated to them in the RiskRegister.(23) Note Used.(24) Any other event which the Risk Register states is acompensation event.(25) Transfer of assets to NRTS Co in accordance withsection 3.2.2.(3) and 3.2.2 (4) of the ServiceInformation’(26) A change to the region specific information anAppendix A, section A.3 of the Service Information.Z31.2 The Contractor is deemed to have satisfied himself before enteringinto this contract• as to the extent of Affected Property,• as to the scope and nature of the Service and his obligationsunder this contract,• as to the basis of payment for the Service andRTMC CoC, Issue 1, Rev 0 July 2011
Regional Technology Maintenance ContractConditions of Contractthat he has all the information necessary to enable him to Provide theService in accordance with this contractZ31.3 If there is an ambiguity or inconsistency within the Network Information(including the information referred to in it), the Contractor is assumed tohave taken into account the conditions more favourable to Providing theServiceZ31.4 A compensation event pursuant to clause 60.1(25) is assessed as adeduction of the value stated on the Price List in respect of sections3.2.2 (3) and 3.2.2 (4) of the Service Information . A compensationevent pursuant to clause 60.1(26) will be assessed as an addition ordeduction to the value stated on the Price List in respect of Appendix A,section A.3 of the Service Information.Clause Z32 Routine Maintenance PlanZ32.1 Clause 21.1 is deleted and replaced with,21.1 The Contractor submits a Routine Maintenance Plan (a plan) to theService Manager for acceptance in accordance with the ServiceInformationClause Z33 Ambiguities and InconsistenciesClause Z34 RecordsZ33.1 Clause 17.1 is deleted and replaced by17.1 The Service Manager or the Contractor notifies the other as soonas either becomes aware of an ambiguity or inconsistency in orbetween the documents which are part of this contract. TheEmployer decides how the ambiguity or inconsistency is to beovercome and notifies the Service Manager. The ServiceManager gives an instruction resolving the ambiguity orinconsistency.Z34.1 The Contractor keeps detailed records relating to the RegionalTechnology Network and the Service (including performance levels inthe Regional Technology Network, the Defined Cost of Providing theService and records relating to Subcontractors) in the format andcontaining the details and for the period specified in the ServiceInformation. The Contractor makes the records available to theEmployer and his representatives (including the Service Manager) onrequest.Z34.2 The Contractor provides information to the Service Manager in theform, at the times and containing the details specified in the ServiceInformation relating to• the Defined Cost of Providing the Service and• performance levels in the Regional Technology Network byreference to the Performance Requirements and the performancemeasures referred to in the Service Information.Z34.3 The Contractor acknowledges that, for the purpose of examining andcertifying the Employer’s accounts or any examination pursuant toSection 6(1) of the National Audit Act 1983, the Comptroller andRTMC CoC, Issue 1, Rev 0 July 2011
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RTMC Model Conditions of Contract - Highways Agency

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