RTMC Model Conditions of Contract - Highways Agency

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Regional Technology Maintenance ContractConditions of Contract• is not a change to the Information Systems,• is not stated elsewhere in these Conditions ofContract not to be a compensation event and• is not a change to the method of orrequirements for performance measurement.(3) The Contractor is required to modify his systems ormethods of Providing the Service as a result of achange in the Employer’s reference documents inAnnex A of the Service Information (not resultingfrom an Innovation or a change in law occurring afterthe Contract Date) and the Defined Cost of carryingout the relevant operation (taking into account allassociated costs incurred or savings made by theContractor as a result of the change) is increased ordecreased by more than 5% as a result. Indetermining whether a compensation event hasoccurred, the effect of each change in theEmployer’s reference documents is consideredseparately and is not aggregated with the effect ofany other change. The first 5% of the increase ordecrease in the Defined Cost of carrying out anoperation as a result of change in the Employer’sreference documents is ignored when assessing acompensation event (but not when determiningwhether a compensation event has occurred).(4) The Service Manager does not allow access to anduse of the Traffic Technology Systems within theArea Network and/or the Employer does not allowaccess to and use of the remaining TrafficTechnology Systems as the Contractor reasonablyrequires to Provide the Service.(5) The Employer or Service Manager does not providesomething which the Service Information states thathe is to provide within 8 weeks of a request from theContractor to do so.(6) The Service Manager gives an instruction to stop ornot to start any element of the service.(7) Others• do not work within the times notified by theService Manager,• do not work within the conditions stated in theService Information or• carry out work on the Affected Property thatis not stated in the Service Information ornotified by the Service Manager.RTMC CoC, Issue 1, Rev 0 July 2011
Regional Technology Maintenance ContractConditions of Contract(8) The Service Manager gives an instruction for dealingwith an object of value or of historical or otherinterest found on, under or adjoining the AffectedProperty.(9) The Service Manager changes a decision (otherthan a decision referred to in Clause 60.1 (2)) whichhe has previously communicated to the Contractor.(10) A defect in work carried out by Others within oraffecting the operation of the Affected Property orany other default by Others in carrying out suchwork.(11) The Contractor encounters a defect in the physicalcondition of the Affected Property which• is not revealed by the Network Information orby any other publicly available informationreferred to in the Network Information,• was not evident from a visual inspection orroutine survey of the Affected Property at theContract Date,• an experienced contractor or consultantacting with reasonable diligence could notreasonably have discovered prior to theContract Date and• an experienced contractor or consultantwould have judged at the Contract Date tohave such a small chance of being presentthat it would have been unreasonable for himto have allowed for it.Only the difference between the physical conditionsencountered and those for which it would have beenreasonable to have allowed is taken into account inassessing a compensation event.(12) An event which is an Employer’s risk stated in thiscontract.(13) A change in law occurring after the Contract Date,unless the change and its effects could reasonablyhave been anticipated by the Contractor prior to theContract Date.(15) The Contractor exercises his right to suspendperformance of the Service under Section 112 of theHousing Grants, Construction and Regeneration Act1996.(16) The Employer resolves an ambiguity orinconsistency in or between the documents whichare part of this contract.RTMC CoC, Issue 1, Rev 0 July 2011
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RTMC Model Conditions of Contract - Highways Agency

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