13.1  Obligation to Carry Out

The Contractor shall or shall procure that the Construction Sub-Contractor (and its sub-contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction, completion, commissioning and testing of the Works27 so that:

13.1.1  each Facility shall achieve the Readiness Date on or before the Planned Readiness Date;

13.1.2  each Facility shall achieve Service Commencement on or before the Planned Services Commencement Date;

13.1.3  the Works fully comply with and meet all the requirements of this Contract, the Works Requirements, the Commissioning Requirements, the Works Method Statements, the Construction Programme, Good Industry Practice, Guidance, all Consents and all applicable Legislation;

13.1.4  [new] materials only will be used in carrying out the Works (unless the Authority agrees otherwise in writing or the contrary is set out in the Works Requirements and Works Method Statements28) and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed and/or referred to in Schedule 32 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used;

13.1.5  all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised;

13.1.6  all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this Contract;

13.1.7  subject to Clause 42 (Protester Action), the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as is practicable having regard to the nature of the Works; and

13.1.8  adequate retaining and supporting walls are provided to support any Adjoining Property during the carrying out of the Works.

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27  Authorities will need to undertake sufficient due diligence over the Construction Sub-Contract and associated Employer's Requirements to ensure these Works obligations are appropriately flowed down to the Construction Sub-Contractor and that the obligations imposed on the Construction Sub-Contractor are sufficient to ensure that the Contractor does not suffer deductions under the Payment Mechanism and will achieve the Base Case. This to ensure that the Construction Sub-Contract is capable of ensuring not only that the Facility will achieve the contract targets but also that any Third Party Income guaranteed by the Contractor will be achieved.

28  Authorities to set out in their Authority Requirements any specific requirements as to the use of recycled materials - see paragraph 1.15 of WIDP Procurement Pack Module 5 Part II: Output Specification Drafting (August 2008).