Deed of commitment MOE - France in the United Kingdom

FRENCH REPUBLIC
MINISTRY OF FOREIGN AFFAIRS AND INTERNATIONAL DEVELOPMENT
FRENCH EMBASSY TO THE UNITED KINGDOM
OF GREAT BRITAIN AND NORTHERN IRELAND
CONSULTANT / PROJECT MANAGEMENT CONTRACT
-----------DEED OF COMMITMENT
PROJECT :
Dwelling Building
1 Knaresborough Place
« Buildings facades renovation»
2015
LONDRES
02
CLIENT
FRENCH REPUBLIC
FRENCH EMBASSY TO THE UNITED KINGDOM
PROJECT
LONDON – 1 Knaresborough Place - Facades renovation.
BUDGET: PROGRAMME 723 – 02HT
AMOUNT :
£ TTC
CONTRACT NOTIFIED THE:
CONSULTANT / PROJECT MANAGEMENT CONTRACT
PERSON HABILITATED TO GIVE INFORMATION:
Madame l'Ambassadeur de France au Royaume Uni
CHIEF AUTHORISING OFFICER:
Monsieur le Ministre des Affaires Etrangères et du Développement
International
Budget, administrative and financial Affairs Department
SECONDARY AUTHORISING OFFICER:
Madame l’Ambassadeur de France au Royaume Uni
PAYMASTER GENERAL:
Monsieur le Trésorier Payeur général pour l’étranger
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Antenne Immobilière de Londres
Ambassade de France Tél : 020 7073 1044
AE
ARTICLE 1 – OBJECT OF THE CONTRACT
The contract is made with the "Consultant" whose tender has been accepted by the following
Client :
Maître de l'ouvrage/ Client : Foreign Affairs Ministry – French embassy to the United Kingdom
Operation Sponsor :
Foreign Affairs Ministry
Department of Buildings and Logistics
Sub-Department of Real Estate Operations
Property management Department in London.
then accepted by the "contracting authority", is a project management contract with the following
object:
Ravalement des façades du bâtiment de logements sis 1 Knaresborough Place.
The offer was established on the basis of:
- the economic conditions prevailing in june 2015 (month m0);
- the special conditions of the contract (CCP) and the documents referred to therein;
- the operation’s brief.
.ARTICLE 2 - CONTRACTORS
I, committing the person or entity below and designated in the contract by the name "Consultant"
Lead Consultant
First and Last Name :
Acting in the name and on behalf of the company :
Whose headquarters are located in : :
N° of commercial register :
and being, for all matters relating to the execution of this contract, represented by……………….., duly
authorized for this purpose,
-
after having acknowledged the special conditions of the contract (SCC) and the documents
referred to therein;
And after producing the documents and certificates proving that the candidate is not in
receivership, that he has met the fiscal and social obligations, and that he is not subject to a
ban on competing.
State, under penalty of termination of right of the contract, that none of persons or entities with
whom we work, falls within the scope of the prohibition on non-compliance with laws and
regulations, UK;
Hereby confirm that this contract services will be conducted with employees regularly employed
under the British Labour Code
Undertake, unconditionally, in accordance with the terms, conditions and requirements imposed
by the Special Conditions of Contract to perform the services of project management under the
conditions defined below.
The offer, however, is binding us only if its acceptance is notified within ninety days (90 days) from
the date of signature of this deed of commitment by the contractor.
ARTICLE 3 – PRICE OFFER
3.1 – General Conditions
Prices are deemed to be established on the basis of current economic conditions in the month m0
specified in Article 1 of this Deed of Commitment.
The price offer:
-results of the appreciation of the complexity of the operation;
-includes elements of mission project management as defined in Article 1.6 of SCC
The price is firm and updatable.
3.2 - Remuneration
The part affected to the work of the provisional budget set by the client :
C0, settled on the basis of the program is ………………….. £VAT inc. at the month m0.
The amount of the fixed remuneration the project manager for the services as described in the
brief is :
………………………………………….£. VAT inc.
written out in full at:
…………………………………………………………………GBP VAT inc.
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Antenne Immobilière de Londres
Ambassade de France Tél : 020 7073 1044
AE
Decomposition by mission element and Contractor is given in Annex I to this deed of commitment.
This contract is deemed to include all meetings, travel and miscellaneous expenses necessary to
achieve these services.
The provisional payment shall become final in accordance with the conditions specified in CCP
(Section 4.1).
The remuneration shall be deemed VAT included. In the event that the project manager
subcontract services locally, the remuneration shall be deemed to include local taxes to which the
subcontractors and subcontracted services are subject by the tax rates in effect as the month m0.
If tax rates change during execution of the contract, the contractor shall notify the contracting
authority so that an amendment correcting the amount of the fee may be established.
ARTICLE 4 - DURATION
The preparation duration of files (calendar duration) are set as follows:
- APD ………………………………………………………………….
2
Weeks
- PRO / ACT – Establishment of Tender document.............................
2
Weeks
- ACT – Comparative analysis of the candidates …………………........
1
Weeks
- ACT - Comparative analysis of the offers……………………………
2
Weeks
- AOR – Control of the Executed works File..........................................
1
Weeks
The starting point of the periods is set in the CCP (Section 7.1.1.).
The constitution and submission of the application to the local authorities are included in the
duration of studies.
ARTICLE 5 - SUBCONTRACTING
5.1 – Sub-contracted amount stipulated in the contract
The annexes of the present deed stipulate the nature and the amount of the work to be executed
by subcontractors, their names and the conditions of payment (direct payment to first ranking
subcontractors). The amount of the sub-contracted services indicated in each annex is the
maximum amount of the debt that the concerned subcontractor will be able to submit as collateral
or assign.
Each annex is a request for acceptance of a subcontractor and approval of the conditions of
payment under the contract for subcontracted services. Notification of the project management
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Antenne Immobilière de Londres
Ambassade de France Tél : 020 7073 1044
AE
contract constitutes acceptance of the subcontractor and approval of the conditions of payment
under the subcontract.
The total amount of the sub-contracted services in accordance with these annexes is:
Amount of subcontracted services in £ VAT Inc. :
5.2 – Sub-contracted amount
Appendix II stipulates the nature and the amount of subcontracted services, that will be submitted
for approval to the client during the execution of the contract.
ARTICLE 6 - PLEDGE OR TRANSFER OF DEBT
The maximum amount of the debt that members of the group may submit as collateral or give way,
according to the schedule of distribution of fees is:
1st contractor :
. £ VAT incl.
ARTICLE 7 - SETTLEMENT OF ACCOUNTS
7.1 - Payment
The client will release the sums due under this contract by crediting the amount to the accounts
opened in the name of each contracting party, in the amounts set out in the Annex of this
document which gives the distribution of fees for each of them:
- Account number : ..
- Bank :.
- address :
- code banque :……………………………………………………………………………
- sort code : …………………………………………………………..
- Account number :
.............................................
The contracting authority will release the amounts due to subcontractors paid directly by crediting
the accounts designated in each subcontractor declaration deed.
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Antenne Immobilière de Londres
Ambassade de France Tél : 020 7073 1044
AE
7.2 – Lump Sum advance.
The agent and his co-contractors waive / do not waive the advance of 5% of this contract. The
advance will be repaid by deductions from the amounts due as instalments, final partial settlement
of balances. This reimbursement will begin when the fees due to the consultant team will exceed
65% of the original contract. Reimbursement must be completed when said amount reaches 80% of
the contract.
Done in a single original at London,
handwritten mention "read and approved"
The project Manager
Accepted this offer to assert Deed of Commitment
London., the..
THE CONTRACTING AUTHORITY
THE AMBASSADOR OF FRANCE TO THE UNITED KINGDOM
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Antenne Immobilière de Londres
Ambassade de France Tél : 020 7073 1044
AE
DEED OF COMMITMENT - ANNEXE I.I FIRM PHASE
Decomposition of the initial remuneration lump sum according to mission elements between contractor and subcontractors
Preliminary estimated cost of the project UK value (month m0) :
Renumeration rate :
Mission
elements
%
Decomposition of the
rate by element in £
VAT inc.
1st contractor
- AP
- PRO
- ACT
- DET
- AOR
1st Co contractor
2nd Co Contractor
€
Sub total of
the basic
missions
TOTAL
CONTRACTOR
CO-CONTRACTOR 1 :
CO-CONTRACTOR 2 :
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Antenne Immobilière de Londres
Ambassade de France Tél : 020 7073 1044
AE
ANNEXE II
Considered subcontracted amount
Mission elements
Nature of the services
Amount (€ VAT inc.)
AP
PRO
VISA
ACT
DET
AOR
Complentary
mission
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Antenne Immobilière de Londres
Ambassade de France Tél : 020 7073 1044
AE
ANNEXE III
Application for acceptance of a subcontractor and
approval of payment of the sub-contracting
Project Management contract
- contractor :
- Object :
Subcontracted services:
-
Nature :
Amount (€ VAT inc.) :
Sub contractor :
- Name :
- Legal form of business :
- Company house registration number :
- Commercial register number:
- Address :
- Account to be credited :
Banque
Code Banque
Sort code
Account number
Payment of the sub-contracting:
- Calculation and payment of advances in accordance with the provisions of the deed
of commitment and CCAP
- Month pricing:
- Modality of price revisions in accordance with the provisions of the act of
commitment and CCAP.
- Provisions relating to time, penalties, premiums, reductions and various
deductions: in accordance with the provisions of the act of commitment and CCAP.
Other informations :
- Person habilitated to give information : Mme. l’Ambassadeur de France au
Royaume Uni
- Chief authorising officer : M. le directeur des Affaires Budgétaires Administratives
et Financières
- Secondary authorising officer : Mme. l’Ambassadeur de France au Royaume Uni.
- Paymaster general : Monsieur le Trésorier auprès de l’Ambassade de France
The Contracting Authority
The Contractor
The Subcontractor
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Londres Ravalement des façades 1 Knaresborough Place
Antenne Immobilière de Londres
Ambassade de France Tél : 020 7073 1044
AE