Site Services Addendum
1. YOUR RESPONSIBILITIES
Our personnel are governed by various pieces of legislation relating to mandatory breaks and rest periods. We require our staff to comply with such legislation, and you may not request our staff to waive breaks or rest periods which they are not permitted to waive under such legislation. Such mandatory breaks and rest periods shall be included within the chargeable time for work done under this contract, and you may not reduce any daily rate by reference to our personnel having taken such mandatory breaks and rest periods.
1.1 Your overriding responsibility is to ensure that our personnel are working on a safe and secure Site and working environment.
1.2 Upon arrival, you will give (or procure that the Site owner/controller/manager gives) each member of our personnel a Site induction. This induction shall be in sufficient detail to allow our personnel to perform the Services safely and to give them the necessary information to know how they should respond in an emergency on the Site.
1.3 If any member of our personnel reasonably believes that the Site, or the particular area or location in which they are working, is unsafe, then they shall be entitled to cease performance of the Services and leave the area/Site. You will take, or procure that the Site owner/controller/manager takes, immediate and effective action to remedy the issue. For the avoidance of doubt, our personnel shall be entitled to form this reasonable opinion at any time whilst they are on Site (including where they attend Site on several occasions).
1.4 You will provide all utilities (heat, light, electricity, etc.), toilet and washing facilities, internet and telephone facilities, personal protective equipment (as required for the relevant work), first aid facilities, skip or other suitable rubbish facilities, lighting, crane/cherry picker (where required by us), and any other facility or assistance either specified in the Contract, in line with any guidance issued by the Health & Safety Executive or otherwise as reasonably requested by us in the Order Acceptance or otherwise.
1.5 Where our personnel are awaiting or attending a Site induction, or where they experience downtime as a result of unsafe conditions and/or a failure by you to comply with your obligations in paragraph 1 above or the Contract generally, any such time shall continue to be chargeable in accordance with paragraph 4 below.
2. CLEAN DOWN
2.1 Unless expressly agreed in the Order Acceptance, it is not part of our personnel’s responsibility to remain on Site following completion of the Services for a “clean down” of the shipping container or surrounding area. This is a matter which either your personnel or other contractors should perform on your behalf.
2.2 If our personnel agree to remain on Site until such “clean down”, then the standby and “clean down” time shall be chargeable in accordance with paragraph 4 below.
3. POLICES AND PROCEDURES
3.1 Unless expressly set out in our Order Acceptance, we do not produce a bespoke risk assessment and/or method statement for each Contract. If you do require such documents but have not included them in the Order, then this will constitute a variation to the Contract, which like all variations may lead to a cost and time increase (and will, as per the Conditions, require our written agreement to become part of the Contract).
3.2 You will provide us with the Site health and safety policy and any insurance policies requested by us not less than 14 days in advance of our mobilization to Site, along with any other applicable policies which will apply to our personnel.
3.3 You will notify us not less than 14 days prior to our mobilization to Site if a hot works permit is required for the Site or the Services. Where such a permit is required, it shall be your responsibility to ensure that it is in place prior to mobilization.
3.4 It shall be your responsibility to ensure that none of your employees, contractors, or any other people are in the vicinity of our work area on the Site, in order to ensure that no one is put at risk by our performance of the Services. You will ensure that the work area is blocked/coned off. You will also ensure that no other people are working or otherwise present in the vicinity of our work area in such a way that interrupts our performance of the Services, having regard to the fact that any such delay may lead to cost and time increases in relation to our Services which will be borne by you.
3.5 You will take any necessary measures to protect the Site from overspray – it being a point expressly within your knowledge that such overspray will almost certainly occur during our performance of the Services, and that we shall have no liability whatsoever in respect thereof.
3.6 You will be responsible for assessing the necessity for, and then obtaining, any permits, permissions, road closures or other such matters in advance of any mobilization. You are ultimately responsible for the safety of any members of the public on or near the Site.
4. ADDITIONAL CHARGES
4.1 Where our personnel have to leave site as a result of the site not being prepared in accordance with the Contract or due to the Customer’s personnel not being able to meet our personnel, the journey will still be charged each way at 45p per mile plus £25 per hour (per member of staff) to and from our address at WS8 6AT. For the avoidance of doubt, any required return to site at a later date will be requoted and a new Order Acceptance will be sent in respect thereof.
4.2 If our personnel are required to wait on site due to any of the above reasons, or any other failure by the Customer to comply with the Contract, then waiting time will be charged at £25 per hour per member of staff.
4.3 Where our personnel are required to stay overnight, either to perform the Services as originally agreed or due to any failure by the Customer to comply with the Contract, food and lodgings will be charged at a rate of £90 per staff member per night.
