Common use of PRELIMINARIES AND GENERAL Clause in Contracts

PRELIMINARIES AND GENERAL. Bill No. 1 Preliminaries Payment will be made for materials and goods:- Yes Dispute resolution :- Mediation (in terms of clause 40) followed by litigation. Arbitration rules as recommended by the Association of Arbitrators (SA) :- N/A Clause 42.2.5 Date on which possession of the site is intended to be given on :- 5 working days from the date of the letter of appointment to the Contractor. Clause 42.2.6 Period for the commencement of the works after the contractor takes possession of the site :- 2 Working days. Completion in Sections are required : NO Clause 42.2.7 Intended date of practical completion and the penalty per calendar day for the works as a whole :- To be advised. Penalty amount to be advised. Clause 42.2.8 Intended dates of practical completion and the penalties per calendar day for the works in sections : N/A Clause 42.2.9 The law applicable to this agreement shall be that of - South Africa. Carried to Collection R PRELIMINARIES AND GENERAL Bill No. 1 Preliminaries INSURANCES (Clause 42.3) Clause 42.3.1 Contract works insurance to be effected by Contractor for the sum of: Contract Sum plus 20% With a deductible of : to be determined by the Contractor but not greater than the maximum of R50,000.00 as stipulated by the Municipality. Clause 42.3.2 Supplementary insurance is required : Yes SASRIA insurance required to be effected by the Contractor for the amount of: Contract Sum plus 20% (with a deductable to be determined by the Insurance company issueing the policy). Clause 42.3.3 Public liability insurance to be effected by Contractor For the amount of: R 10 million With a deductible of: R 2,500.00 DOCUMENTS (Clause 42.4) Clause 42.4.1 Waiver of the contractor's lien is required :- YES Clause 42.4.2 Number of construction document copies to be supplied to the Contractor free of charge :- 3 Clause 42.4.3 Bills of Quantities drawn up in accordance with :- Standard System of Measuring Building Work - Seventh Edition including all amendments Carried to Collection R PRELIMINARIES AND GENERAL Bill No. 1 Preliminaries Clause 42.4.4 Number of days for submission of priced documents : 5 working days from the Letter of Appointment. Clause 42.4.5 JBCC Engineering General Conditions are to be included in the documents :- No Clause 42.4.6 The contract value is to be adjusted using CPAP:- NO SECTION B: PRELIMINARIES DEFINITIONS AND INTERPRETATION (B1) Definitions and Interpretation (B1) 1 F: ……….… V: ….……… T: ….……... Item DOCUMENTS (B2) Checking of documents (B2.1) Notwithstanding the issue of the tender drawings, it will remain the responsibility of the Tenderer to study all available drawings at the offices of the Principal Agent during normal working hours in order to acquaint himself with all the cost implications of the design, programming, phasing, etc. 2 F: ……….… V: ….……… T: ….……... Item Provisional Bills of Quantities (B2.2) N/A Prime Cost Amounts, Budgetary Allowances, Provisional Amounts, etc., contained herein may be omitted or reduced at the Principal Agent's sole discretion and the Contractor shall not be entitled to claim for any loss by way of reduction or omission of any discount, or percentage relating to Prime Cost Amounts, Budgetary Allowances, Provisional Amounts, etc., or loss of profit related thereto. 3 F: ……….… V: ….……… T: ….……... Item Carried to Collection R PRELIMINARIES AND GENERAL Bill No. 1 Preliminaries Availability of construction documentation (B2.3) 1 F: ……….… V: ….……… T: ….……... Item Interests of Agents (B2.4) 2 F: ……….… V: ….……… T: ….……... Item Priced documents (B2.5) 3 F: ……….… V: ….……… T: ….……... Item Tender submission (B2.6) Notwithstanding anything contained in this clause, Tenders shall be valid for a period of 90 (Ninety) calendar days from the closing date of tenders. 4 F: ……….… V: ….……… T: ….……... Item THE SITE (B3) Defined works area (B3.1) The area of the works to be occupied by the contractor, any restriction on the area and the limit of access or exit will be pointed out to the contractor by the principal agent on handing over of the site. Workmen employed on the site are to be restricted to the immediate area of the site and access thereto. The Tenderer shall make all necessary provision in all rates to take into account these requirements as no claims for extras arising from these matters will be subsequently entertained or admitted. 5 F: ……….… V: ….……… T: ….……... Item Geotechnical investigation (B3.2) A desktop geotechnical report is available upon request.