Conditions of Contract



Similar documents
NZIA Standard Construction Contract

Waikanae Creek Pedestrian Bridge Construction

SM031 APPENDIX G4. Procedures for introducing a consultant s deed of professional care (DoPC) into a D&C contract following Contract Award

Schedule 12 Information on Principal arranged construction insurance

Asset Protection Agreement Templates - Customer Explanatory Notes. Explanatory Notes on Asset Protection Agreement

PERFORMANCE BOND INSTRUCTIONS (FEB 2015)

The New Standard Construction Contracts: NZS3910, 3916 and 3917

NZS 3910:2013. Conditions of contract for building and civil engineering construction NZS 3910:2013. New Zealand Standard

Terms and Conditions of Offer and Contract (Works & Services) Conditions of Offer

388 Blohm Ave. PO Box 388 Aromas CA (831) FAX (831) ADDENDUM NO. 1

AIA Document A310 TM 2010

Section IX. Annex to the Particular Conditions - Contract Forms

Kentucky Department of Education Version of Document A

[Project Name] NZTA Contract No. [Contract Number] Conditions of Contract

New-Gen Electrical (ABN ) Terms & Conditions

COMMONWEALTH OF VIRGINIA STANDARD PERFORMANCE BOND

A JCT 2011 Minor Works Building Contract

DATED 2016 [SURETY] and [CONTRACTOR] and SCHOOL OF ORIENTAL AND AFRICAN STUDIES PERFORMANCE BOND

PERFORMANCE BOND. [with limited liability*] whose [registered office/principal place of business in Hong Kong*] is at (* delete as appropriate)

Advance Payment Bonds 2011

SURETY. and Title: (Any additional signatures appear on the last page of this Performance Bond.)

B & D Australia Pty Ltd ABN: APPLICATION FOR A COMMERCIAL CREDIT ACCOUNT AND GENERAL TERMS AND CONDITIONS OF SALE 7 DAY TRADING ACCOUNT

MDB Harmonised Particular Conditions

PERFORMANCE BOND LABOR AND MATERIAL PAYMENT BOND

BID BOND CITY OF EAST POINT, GEORGIA

How To Insure A Project In The Uk

SECTION PERFORMANCE BOND., hereinafter called PRINCIPAL, and

[Project Name] NZTA Contract No. [Contract Number] Schedule of Prices

Prepared by the Attorney General of West Virginia C O N T R A C T. Group I

ARTICLE 11. INSURANCE AND BONDS

SECTION AWARD AND EXECUTION OF CONTRACT

Professional Indemnity Proposal Form. for. Finance & Mortgage Brokers

PROJECT NO. 2733, RFP NO /02. Peralta Community College District. 333 East 8th Street, Oakland, CA Questions

Conditions of Contract for Consultancy Services

Table of Contents ARCHIVE

The amount to be included in any such application shall be the amount due to the Sub-Contractor from Cardy which shall be:

S U R E T Y P E R F O R M A N C E B O N D. U.S. Environmental Protection Agency Underground Injection Control Financial Responsibility Requirement

SAMPLE. Possession Date (subclause 3.1): Possession Time (subclause 3.1): GST Date (clauses 12.0 and 13.0): Interest rate for late settlement: %

HONG KONG HOUSING AUTHORITY GENERAL CONDITIONS OF CONTRACT FOR BUILDING WORKS 2013 EDITION

PERSONAL ALERT SYSTEMS REBATE SCHEME PROVIDER PANER DEED

Conditions of Contract for CONSTRUCTION

Receivables Purchase Deed

Government of the Kingdom of Lesotho. Ministry of Public Works and Transport. Principal Building Agreement

DATE: 17 December 2004 REF: Y3462 IRISH MOTOR INSURANCE REQUIREMENTS. SUBJECT AREA(S): Obligations on syndicates writing Irish motor insurance

APPLICATION FOR LICENSE FOR INSTALLER / TRANSPORTER OF FACTORY-BUILT HOMES

INSTRUCTIONS FOR SURETY BOND (Warranty)

1.3 These Conditions may only be amended or varied by written agreement signed by both Parties.

Air BP Credit Application

Personal Loan Contract

INSURANCE REQUIREMENTS FOR ALL CITY CONTRACTS

Scheme Rules. The JLT (Schools PA) Discretionary Trust Arrangement. Distinctive. Choice. JLT GROUP SERVICES PTY LTD

GUARANTY BOND SAMPLE. correspondence school seeks from the State Board of Community Colleges licensure to

Professional Indemnity Insurance Proposal Form

PUBLIC SECTOR STANDARD CONDITIONS OF CONTRACT FOR CONSTRUCTION WORKS

CLIENT / PROJECT MANAGER AGREEMENT

COUNTRY SCHEDULE NEW ZEALAND

OBJECTIVE To establish procedures for administration of construction manager agreements, including negotiation, contracting and payments.

Construction Performance Bond. THIS CONSTRUCTION PERFORMANCE BOND ( Bond ) is dated, is in the penal sum of. Sample Preview CONTRACTOR: Address

SERVICES AGREEMENT Agreement Consultant MBA SERVICES Consultancy Terms Consultant Notification Form FEES EXPENSES

THE CORPORATION OF THE CITY OF BURLINGTON D1 - AGREEMENT

Schedule of Prices. Project Name Contract No. Contract Number

SAMPLE SERVICES CONTRACT

Doral Mineral Sands Pty Ltd. Standard Terms and Conditions

Basic Guide. General Conditions of Contract for Construction Works (GCC 2004)

#5 Independent Contractor Form - With Insurance With Bonds

GENERAL CONDITIONS OF CONTRACT MINOR WORKS AND SERVICES

MAINTENANCE AGREEMENTS

CONSULTING SERVICES AGREEMENT THE CORPORATION OF THE CITY OF GUELPH, an Ontario municipality. ( City ) and. an Ontario. ( Consultant").

SIXTEENTH SUPPLEMENTAL INDENTURE OF TRUST. Dated as of December 1, 2014 BETWEEN SOUTH DAKOTA HEALTH AND EDUCATIONAL FACILITIES AUTHORITY AND

SCHEDULE 14. Part 1 Performance Bond PERFORMANCE BOND NO.

REQUEST FOR QUOTATION (RFQ) FOR PROVISION OF GENDER PANEL SERVICES

PERFORMANCE BOND. KNOW ALL MEN BY THESE PRESENTS that we,, as. Principal (the Principal ), and, a corporation

CITY OF LAREDO PURCHASING DIVISION TERMS AND CONDITIONS OF INVITATIONS FOR BIDS

IN FIDIC 99 RED BOOK COULD IT BE SUPERVISION CONSTRUCTION. Dr. Munther M. Saket. The Role of the Engineer

Certificate of Entitlement (COE) Bidding Agreement. VENDOR S NAME (Addresses and details of Head Office and Branch Office)

HEALTH CONTRACTOR INSURED CONSTRUCTION PROJECTS

AIA Document A312 - Electronic Format. Performance Bond

DASHBOARD CONFIGURATION SOFTWARE

UNIVERSITY OF MINNESOTA

Schedule 4 (Legal and Beneficial Ownership of the Contractor)

Consultant Warranty of [Specify discipline of Consultant]

Equipment Finance. Standard Terms and Conditions for Asset Purchase/Finance Lease/ Novated Lease

Prequalification of Roading Contractors

CREDIT ACCOUNT APPLICATION 30 DAYS

How To Write A Short Form Prime Prime Prime Contract Between A Contractor And Owner

THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION GENERAL CONDITIONS OF CONTRACT FOR BUILDING WORKS $ EDITION

Business and Agri Loan Terms and Conditions

Public Lecture. Engineers Ireland. How the Public Works Contracts. might be used in the Private Sector. Proposed Contract

GOVERNMENT OF MALAYSIA STANDARD FORM OF DESIGN & BUILD / TURNKEY CONTRACT (PWD FORM DB/T)

QUEST - QBE COMPREHENSIVE MOTOR INSURANCE MASTER POLICY

Application for Credit (Business Account)

Transcription:

Amberley Main Street Upgrade Contract No. 10/21 10/21 - Amberley Main Street Upgrades CC Page 1 of 24

C Contents Conditions of Contract Table of Contents Page GENERAL CONDITIONS OF CONTRACT 3 FIRST SCHEDULE TO GENERAL CONDITIONS OF CONTRACT 4 Part A Specific Conditions Of Contract 4 Part B Other Conditions Of Contract 9 SECOND SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 10 Contract Agreement 10 THIRD SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 12 Form of Contractor s Performance Bond 12 FOURTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 14 Form of Principal s Bond 14 FIFTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 15 Form of Contractor s Bond In Lieu of Retentions 15 SIXTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 17 Form of Producer Statement - Construction 17 SEVENTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 18 Information As To Contract Works Insurance 18 EIGHTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 20 Information As To Public Liability Insurance 20 NINTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 21 Information As To The Contractor s Construction Machinery Insurance 21 TENTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 22 Information As To The Contractor s Motor Vehicle Insurance 22 ELEVENTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 23 Information As To Contractor s Professional Indemnity Insurance 23 TWELFTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT 24 Cost Fluctuation 24 10/21 - Amberley Main Street Upgrades CC Page 2 of 24

1 General Conditions of Contract GENERAL CONDITIONS OF CONTRACT The General Conditions of Contract shall be NZS 3910: 2003 CONDITIONS OF CONTRACT FOR BUILDING AND CIVIL ENGINEERING CONSTRUCTION. 10/21 - Amberley Main Street Upgrades CC Page 3 of 24

2 Special Conditions of Contract PART A SPECIFIC CONDITIONS OF CONTRACT FIRST SCHEDULE TO GENERAL CONDITIONS OF CONTRACT Special Conditions of Contract (Clause numbers refer to General Conditions) Contract for: 10/21 - Amberley Main Street Upgrade Part A Specific Conditions Of Contract 1.2 The Principal is: the Hurunui District Council (HDC), of 66 Carters Street (SH 1), Amberley 7410, North Canterbury (b) There are no Separable Portions in this contract. 2.1.1 This contract is a: (b) Measure and value contract; 2.5 This contract is: (a) A construction contract in public roads 2.6 Shall not apply to this contract 2.8.1 2 sets of Contract Documents, including all revisions, shall be supplied free of charge to the Contractor upon the acceptance of tender in addition to tender, consent, and Contract Agreement sets. 2.9.2 2 sets of Contract Documents, including all revisions, shall be supplied free of charge to the Engineer upon the acceptance of tender in addition to tender, consent, and Contract Agreement sets. 3.1.1 A Contractor s bond: (a) Is required; 3.1.2 The Contractor s bond shall be 10 % Contract price 3.2.1 A Principal s bond: (a) Is not required; 5.4.1 The Contractor shall be given possession of the Site on: (c) On the date specified in the contract acceptance letter 5.5.1 Separate Contractors carrying out work on Site and the scope of their works are: Maintenance Contractor for Hurunui District Council and NZ Transport Agency Network Management Consultants for NZ Transport Agency Service authorities for underground and overhead services 10/21 - Amberley Main Street Upgrades CC Page 4 of 24

2 Special Conditions of Contract PART A SPECIFIC CONDITIONS OF CONTRACT 5.6.6 (g) Risks specifically excepted are NIL 5.10.1 The Contractor shall submit to the Engineer within 2 weeks from the date of acceptance of tender its programme that meets the requirements of this contract. 5.11.1 (b) There are no parts of the Contract Works to which Appendix D applies. 5.17.1 Quality management systems: (a) Are required and details shall be submitted within 1 weeks from the date of acceptance of tender. 5.18.1 (a) (a) As-built drawings, are required, as set out in the project specification. 5.18.1 (b) (b) Operation and maintenance manuals are not required; 6.1.2 The Engineer is Kim Goodfellow, AECOM, Level 6, 76 Cashel Street, Christchurch... whose professional qualification is BLA (Hons)... 6.4.6 The Principal will recover the cost for reinspection, remeasuring or retesting at the following rates: Engineer or other professional $190.00 per hour (exclusive of GST) Other personnel $145.00 per hour (exclusive of GST) Vehicle running $1.00 per km (exclusive of GST) Sub-consultant Invoices Cost plus 5% 8.1, and 8.6 (a) The Contractor shall insure as provided in 8.1; Note - Bonds and insurances are accepted in principle from those insurance companies and banks approved by NZTA. The current approved list is schedule in Transit s Contract Procedures Manual. 8.1.2 or 8.6.1 (To be completed irrespective of whether the Principal or the Contractor is insuring) The amount of the insurance to be effected in respect of the Contract Works and Materials shall be for not less than the sum of the following: (a) The Contract Price, after the acceptance of the tender or other offer, excluding any additions or deductions which may be required to be made during the course of the contract; (e) For increased construction Costs not already provided for in the Contract Price during the period from the acceptance of the tender or other offer until the issue of the Defects Liability Certificate for the Contract Works, the sum of (ii) 10 % of the Contract Price as described in (a) above; or The insurance shall make provision for automatic change of cover for items (a) and (e) above, to provide insurance for any additions to or deductions from the Contract Price which occur after acceptance of the tender or other offer. 8.2.1 Contractor s Plant insurance is required for each item of construction machinery on the Site owned by the Contractor that has a market value of more than $50,000 10/21 - Amberley Main Street Upgrades CC Page 5 of 24

2 Special Conditions of Contract PART A SPECIFIC CONDITIONS OF CONTRACT 8.3 and 8.7 (a) The Contractor shall insure as provided in 8.3; 8.3.1 or 8.7.1 Public liability insurance shall be effected for an amount not less than $5,000,000 8.3.2 Motor vehicle third party liability insurance shall be effected for an amount not less than $1,000,000 8.4.1 (b) Professional Indemnity insurance for design by the Contractor is not required. 10.2.1 The periods to be used for calculating the Due Date for Completion are: (a) In respect of the Contract Works 12 Weeks; 10.3.1 (As amended by B3) (b) Allowance for inclement weather 10 Working Days in the 12 week contract period. Extensions of time granted shall be based on the actual number of inclement weather days which work on the critical path items is not possible. The contractor shall provide evidence, including copies of rainfall records where applicable, in support of the inclement weather days claimed at his own expense, A Wet day must be claimed in writing by the contractor within two (2) days of the date of occurrence this will be verified by the Engineer within two (2) days of being notified by the Contractor. The Engineer will calculate the number of Wet days. An extension of time for inclement weather will be granted when the total number of Wet Working days is greater than the allowance in the contract. 10.4.5 (c) A producer statement is not required. 11.1.1 The Period of Defects Liability shall be: (a) In respect of the Contract Works 52 Weeks; 11.3.2 Prior to the issue of the Defects Liability Certificate: (c) A producer statement is not required. 11.5.1 (b) Guarantee is required for the supply and installation of the electrical equipments. The Certificate of Compliance is requires for installation of the electrical equipment shall be provided to the Engineer as part of the Practical Completion. 12.1.2(b) (iv) (b) Advances for Temporary Works, Plant or Materials not yet on Site shall not be made to the Contractor. 12.3.1 The percentage to be retained from each progress payment and the limit of the total sums retained shall be nil if the Contractor provides a Bond in Lieu of Retentions (see Fifth Schedule). The value of the bond shall be the applicable retention amount plus a further 10%. Otherwise the total sums retained shall be: (a) In respect of the Contract Works: Total retention 10 % of the first $200,000, plus 5 % of the next $800,000, plus 1.75 % of any amount in excess of $1,000,000 with a maximum of $200,000 when aggregated. Defects liability retention 50 % of total retention 10/21 - Amberley Main Street Upgrades CC Page 6 of 24

2 Special Conditions of Contract PART A SPECIFIC CONDITIONS OF CONTRACT The amount to be retained in respect of the Contract Works in accordance with this clause shall not be reduced, until all Asset Register (RAMM) information required to be submitted at or before Practical Completion, has been submitted to the Engineer. The Defects Liability retention shall not be reduced, until all RAMM information required to be submitted at or before the end of the Defects Liability period has been submitted to the Engineer. 12.8.2 Cost fluctuation adjustments: (a) Shall not be paid. 12.9.1 (a) Provisional Sums are included in the schedule of quantities. 12.10.1 (c) There are no Prime Cost Sums. 12.11.1 The contingency sum to be included in the contract is $ Nil 15.1.2 For the purpose of service of payment claims or notices, the postal address of: (a) The Principal is: the Hurunui District Council, PO Box 13, Amberley 7441, North Canterbury... For the attention of: Bruce Yates.... Fax No.: (03) 314 9181.... (b) The Engineer is: AECOM, PO Box 710, Christchurch 8140... For the attention of: Kim Goodfellow... Fax No: (03) 363 8501.... (c) The Contractor is... For the attention of:.... Fax No... 10/21 - Amberley Main Street Upgrades CC Page 7 of 24

2 Special Conditions of Contract PART A SPECIFIC CONDITIONS OF CONTRACT NOTE - The General Conditions of Contract provide in the following clauses for matters which may be dealt with by further specific conditions of contract: 2.4.1 Cost reimbursement contract details 2.7.2 Execution of Contract Agreement 2.8.3 Variation or modification of General Conditions 5.4.3 Access to adjoining properties 5.5 Separate contractors 5.9.1 Exceptions to Contractor s obligation to supply 5.9.3 Advances for Plant or Materials 5.10.1 Programme 7.1.2 (d) Risks specifically excepted 8.8.1 (d) Risk, loss or damage not covered by Principal s insurance 9.4.2 Variations carried out on Daywork basis 12.1.1 Frequency of payment claims 12.3.3 Contractor s bond in lieu of retentions 12.12.2 Goods and services tax. 10/21 - Amberley Main Street Upgrades CC Page 8 of 24

2 Special Conditions of Contract PART B OTHER CONDITIONS OF CONTRACT FIRST SCHEDULE TO GENERAL CONDITIONS OF CONTRACT Part B Other Conditions Of Contract (Include Here Other Special Conditions that modify the General Conditions) These conditions amend and supplement the General Conditions. Clause numbers refer to NZS 3910:2003. NIL 10/21 - Amberley Main Street Upgrades CC Page 9 of 24

3 Contract Agreement SECOND SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Contract Agreement Contract for: 10/21, Amberley Main Street Upgrade THIS AGREEMENT is made on 20 BETWEEN ("the Contractor") AND ("the Principal") Hurunui District Council IT IS AGREED as follows: 1. THE Contractor shall carry out the obligations imposed on the Contractor by the Contract Documents. 2. THE Principal shall pay the Contractor the sum of $ or such greater or less sum as shall become payable under the Contract Documents together with Goods and Services Tax at the times and in the manner provided in the Contract Documents. 3. EACH party shall carry out and fulfil all other obligations imposed on that party by the Contract Documents. 4. THE Contract Documents are this Contract Agreement and the following which form part of this agreement: (a) The Conditions of Tendering (b) Notices to Tenderers (give details with dates):.. (c) (d) The Contractor s tender; The notification of acceptance of tender; (e) The General Conditions of Contract, NZS 3910:2003 (f) (g) (h) (i) (j) The Special Conditions of Contract; Specifications issued prior to the Date of Acceptance of Tender; Drawings issued prior to the Date of Acceptance of Tender; The Schedule of Prices (Delete if not applicable) The following additional documents: (Identify any additional documents to be included for example agreed correspondence)......... 10/21 - Amberley Main Street Upgrades CC Page 10 of 24

3 Contract Agreement............... WITNESS to signature of the Contractor Name: Occupation: Address: Contractor WITNESS to the signature of the Principal: Name: Occupation: Address: Principal 10/21 - Amberley Main Street Upgrades CC Page 11 of 24

4 Form of Contractor s Performance Bond THIRD SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Form of Contractor s Performance Bond Contract for: 10/21, Amberley Main Street Upgrade THIS DEED is made on... BY... of... ( the Contractor ) AND... of... ( the Sureties ) IT IS MADE IN THE FOLLOWING CIRCUMSTANCES: A The Contractor has entered into an agreement with... of...( the Principal ) to carry out and fulfil the obligations imposed on the Contractor by the Contract Documents. B The Contract Documents require the Contractor to provide the Principal with security in the form of a bond to ensure performance of the Contractor s obligations under the Contract Documents. BY THIS DEED: 1. THE Contractor and Sureties are jointly and severally held and bound to the Principal in the sum of $NZ... and bind themselves, their successors and assigns jointly and severally for the payment of that sum. 2. THE condition of this bond is that it shall be null and void if: (a) The Contractor duly carries out and fulfils all the obligations imposed on the Contractor by the Contract Documents prior to the commencement of the Period of Defects Liability referred to in the Contract Documents; or (b) The Contractor satisfies and discharges the damages sustained by the Principal in respect of all defaults by the Contractor up to the commencement of the Period of Defects Liability or the termination of the contract; or (c) The Sureties satisfy and discharge up to the amount of the bond the damages sustained by the Principal in respect of all defaults by the Contractor up to the commencement of the Period of Defects Liability or the termination of the contract; or (d) A Practical Completion certificate has been issued in respect of the Contract Works in accordance with clause 10.4 of the General Conditions of Contract. 3. EXCEPT as provided in clause 2 above this bond shall be and remain in full force and effect. 4. THE Sureties shall not be released from any liability under this bond: (a) By any alteration in the terms of the contract between the Principal and the Contractor; (b) By any alteration in the extent or nature of the Contract Works to be completed, delivered and having defects remedied; 10/21 - Amberley Main Street Upgrades CC Page 12 of 24

4 Form of Contractor s Performance Bond (c) By any allowance of time by the Principal or by the Engineer appointed by the Principal under the Contract Documents; (d) By any forbearance or waiver by the Principal or by the Engineer in respect of any of the Contractor s obligations or in respect of any default on the part of the Contractor. 5. THIS bond shall be governed by New Zealand law. THE COMMON SEAL of was affixed in the presence of: THE COMMON SEAL of was affixed in the presence of: SIGNED by in the presence of: SIGNED by in the presence of: NOTE This bond must be executed by the Contractor and by the Surety or Sureties in the manner required for execution of a deed. Any of these parties which are a company must execute the bond by having it signed, under the name of the company, by two or more directors. If there is only one director, it is sufficient if the bond is signed under the name of the company by that director, but the signature must be witnessed by another person. The witness must not only sign, but add his or her occupation and address. Alternatively, companies may execute under the power of attorney. Any party which is a body corporate (other than a company) must execute by affixing its seal which must be attested in the manner provided for in the rules of, or applicable to, the body corporate. In the case of a party who is an individual, the party must sign and the signature must be witnessed by another person. The witness must not only sign but must also add his or her occupation and address 10/21 - Amberley Main Street Upgrades CC Page 13 of 24

5 Form of Principal s Bond FOURTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Form of Principal s Bond Contract for: 10/21, Amberley Main Street Upgrade This Section Not Used 10/21 - Amberley Main Street Upgrades CC Page 14 of 24

6 Form of Contractor s Bond in Lieu of Retentions FIFTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Form of Contractor s Bond In Lieu of Retentions Contract for: 10/21, Amberley Main Street Upgrade THIS DEED is made on... BY... of... ( the Contractor ) AND... of... ( the Sureties ) IT IS MADE IN THE FOLLOWING CIRCUMSTANCES: A B The Contractor has entered into an agreement with...... of... ( the Principal ) to carry out and fulfil the obligations imposed on the Contractor by the Contract Documents. The Contractor has agreed to provide the Principal with security in the form of a bond in lieu of retentions additional to any other bond required under the Contract Documents. BY THIS DEED 1. THE Contractor and Sureties are jointly and severally held and bound to the Principal in the sum of NZ$... and bind themselves, their successors and assigns jointly and severally for the payment of that sum. 2. THE condition of this bond is that it shall be null and void if: (a) (b) (c) The Contractor duly carries out and fulfils all the obligations imposed on the Contractor by the Contract Documents prior to the issue of the Defects Liability Certificate referred to in the Contract Documents; or The Contractor satisfies and discharges the damages sustained by the Principal in respect of all defaults by the Contractor up to the issue of the Defects Liability Certificate or the termination of the contract; or The Sureties satisfy and discharge up to the amount of the bond the damages sustained by the Principal in respect of all defaults by the Contractor up to the issue of the Defects Liability Certificate or the termination of the contract. 3. EXCEPT as provided in clause 2 above this bond shall be and remain in full force and effect. 4. THE Sureties shall not be released from any liability under this bond: (a) (b) (c) By any alteration in the terms of the contract between the Principal and the Contractor; By any alteration in the extent or nature of the Contract Works to be completed, delivered and having defects remedied; By any allowance of time by the Principal or by the Engineer appointed by the Principal under the Contract Documents; 10/21 - Amberley Main Street Upgrades CC Page 15 of 24

6 Form of Contractor s Bond in Lieu of Retentions (d) By any forbearance or waiver by the Principal or by the Engineer in respect of any of the Contractor s obligations or in respect of any default on the part of the Contractor. 5. THIS bond shall be governed by New Zealand law. THE COMMON SEAL of ) ) was affixed in the presence of: ) THE COMMON SEAL of ) ) was affixed in the presence of: ) SIGNED by ) ) in the presence of: ) SIGNED by ) ) in the presence of: ) NOTE This bond must be executed by the Contractor and by the Surety or Sureties in the manner required for execution of a deed. Any of these parties which are a company must execute the bond by having it signed, under the name of the company, by two or more directors. If there is only one director, it is sufficient if the bond is signed under the name of the company by that director, but the signature must be witnessed by another person. The witness must not only sign, but add his or her occupation and address. Alternatively, companies may execute under the power of attorney. Any party which is a body corporate (other than a company) must execute by affixing its seal which must be attested in the manner provided for in the rules of, or applicable to, the body corporate. In the case of a party who is an individual, the party must sign and the signature must be witnessed by another person. The witness must not only sign but must also add his or her occupation and address 10/21 - Amberley Main Street Upgrades CC Page 16 of 24

7 Form of Producer Statement - Construction SIXTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Form of Producer Statement - Construction Contract for: 10/21, Amberley Main Street Upgrade ISSUED BY:... (Contractor) TO: Hurunui District Council... (Principal) IN RESPECT OF:... (Description of Contract Works) AT:... (Address)...... has contracted to Hurunui District Council... (Contractor) (Principal) to carry out and complete certain building works in accordance with a contract, titled...... ( the contract ) (Project) I... a duly authorised representative of... (Duly Authorised Agent) (Contractor) believe on reasonable grounds that...has carried out and completed (Contractor) All Part only as specified in the attached particulars of the building works in accordance with the contract.... Date... (Signature of Authorised Agent on behalf of)... (Contractor)... (Name)... (Occupation)... (Address) 10/21 - Amberley Main Street Upgrades CC Page 17 of 24

8 Information as to Contractor's Insurances SEVENTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Information As To Contract Works Insurance To: Hurunui District Council Address: PO Box 13, Amberley 7441 From: Branch: Address: (Name of Insurance Company) (Insert Branch Name) (Insert Postal Address) We confirm having effected Contract Works insurance for: (The Contractor) Hurunui District Council (The Principal) In respect of 10/21, Amberley Main Street Upgrade (Project Title) The Sums Insured are: 8.1.2 Contract Price $ 8.1.2 (a) Costs of Demolition $ 8.1.2 (b) Professional Fees $ 8.1.2 (c) Value of items incorporated or to be incorporated $ 8.1.2 (d) Increased construction costs $ TOTAL SUM INSURED of above items (Excluding GST) $ The policy deductibles are: Non earthquake (GST Inclusive) $ Earthquake (GST Inclusive) $ Other (name) (GST Inclusive) $ We advise the special terms, copy attached, have been applied to this policy 8.5.3, 8.8.4 Policy cover terms included are: (a) Automatic reinstatement (b) No cancellation for non payment without prior notification (c) Severally Insured (d) No settlement delay due to exercise of subrogation Project Specific Policy 10/21 - Amberley Main Street Upgrades CC Page 18 of 24

8 Information as to Contractor's Insurances 8.1.3 Construction period Defects liability period (both subject to alteration under the construction contract) Annual run-off policy 8.1.5 Annual cut-off policy Policy expiry date We undertake that this policy will not be cancelled or amended by us within the Period of Insurance without written advice to the insured party which has arranged the insurances. The insurance issued is subject to the terms and conditions of the policy. We do not warrant that this policy complies with the requirements of NZS 3910:2003. Insurance Company Stamp Date SIGNED BY SIGNATORY S TITLE (clause numbers refer to NZS 3910:2003 and are for information only) 10/21 - Amberley Main Street Upgrades CC Page 19 of 24

8 Information as to Contractor's Insurances EIGHTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Information As To Public Liability Insurance To: Address: Hurunui District Council PO Box 13, Amberley, From: Branch: Address: (Name of Insurance Company) (Insert Branch Name) (Insert Postal Address) We confirm having effected public liability insurance for: (The Contractor) Hurunui District Council (The Principal) In respect of 10/21, Amberley Main Street Upgrade (Project Title) Annual Policy: Policy expiry date: 8.3.1 The Limit of Indemnity $ (Plus GST) Sub limit insured for vibration, removal or weakening of support $ (Plus GST) Deductible is: $ (GST inclusive) Deductible for vibration, removal or weakening of support: $ (GST inclusive) We advise that additional terms, copy attached, have been specifically applied to this project. The policy covers Liability arising out of: The ownership/use of construction machinery not required to be registered for road use The use of Hired Plant The ownership/use of Watercraft up to 8 m The ownership/use of aircraft The use of explosives 8.5.3, 8.8.4 Policy cover terms included are: (a) Automatic reinstatement (b) No cancellation for non payment without prior notification (c) Severally Insured (d) No settlement delay due to exercise of subrogation We undertake that this policy will not be cancelled or amended by us within the Period of Insurance without written advice to the insured party which has arranged the insurances. The insurance issued is subject to the terms and conditions of the policy. We do not warrant that this policy complies with the requirements of NZS 3910:2003. Insurance Company Stamp Date SIGNED BY SIGNATORY S TITLE (clause numbers refer to NZS 3910:2003 and are for information only) 10/21 - Amberley Main Street Upgrades CC Page 20 of 24

8 Information as to Contractor's Insurances NINTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Information As To The Contractor s Construction Machinery Insurance To: Address: Hurunui District Council PO Box 13, Amberley, From: Branch: Address: (Name of Insurance Company) (Insert Branch Name) (Insert Postal Address) We confirm having effected construction machinery insurance for: (The Contractor) In respect of 10/21, Amberley Main Street Upgrade (Project Title) Annual Policy: Policy expiry date: 8.2.1 The sums insured are: Schedule of construction machinery attached $ (Plus GST) The policy deductible is: $ (GST inclusive) We advise that special terms, copy attached, have been applied to this policy. 8.5.3 Policy cover terms included are: (a) Automatic reinstatement (b) No cancellation for non payment without prior notification (c) No settlement delay due to exercise of subrogation We undertake that this policy will not be cancelled or amended by us within the Period of Insurance without written advice to the insured party which has arranged the insurances. The insurance issued is subject to the terms and conditions of the policy. We do not warrant that this policy complies with the requirements of NZS 3910:2003. Insurance Company Stamp Date SIGNED BY SIGNATORY S TITLE (clause numbers refer to NZS 3910:2003 and are for information only) 10/21 - Amberley Main Street Upgrades CC Page 21 of 24

8 Information as to Contractor's Insurances TENTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Information As To The Contractor s Motor Vehicle Insurance To: Address: Hurunui District Council PO Box 13, Amberley, From: Branch: Address: (Name of Insurance Company) (Insert Branch Name) (Insert Postal Address) We confirm having effected motor fleet insurance for: (The Contractor) In respect of 10/21, Amberley Main Street Upgrade (Project Title) Annual Policy: Policy expiry date: 8.3.2 The sums insured are: Section 2 liability $ (Plus GST) The policy deductibles are: Section 2 $ (GST inclusive) We advise that special terms, copy attached, have been applied to this policy. 8.5.3 Policy cover terms included are: (a) Automatic reinstatement (b) No cancellation for non payment without prior notification (c) No settlement delay due to exercise of subrogation We undertake that this policy will not be cancelled or amended by us within the period of Insurance without written advice to the insured party which has arranged the insurances. The insurance issued is subject to the terms and conditions of the policy. We do not warrant that this policy complies with the requirements of NZS 3910:2003. Insurance Company Stamp Date SIGNED BY SIGNATORY S TITLE (Clause numbers refer to NZS 3910:2003 and are for information only. Section 2 liability refers to motor vehicle insurance policy third party property damage liability). 10/21 - Amberley Main Street Upgrades CC Page 22 of 24

8 Information as to Contractor's Insurances ELEVENTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Information As To Contractor s Professional Indemnity Insurance To: Address: Hurunui District Council PO Box 13, Amberley, From: Branch: Address: (Name of Insurance Company) (Insert Branch Name) (Insert Postal Address) We confirm having effected professional indemnity insurance for: (The Contractor) In respect of 10/21, Amberley Main Street Upgrade (Project Title) Annual Policy: Policy expiry date: 8.4.1 The limit of indemnity $ (Plus GST) Deductible $ (GST inclusive) The policy covers: The number of automatic reinstatements We advise that additional terms, copy attached, have been applied to this project. We undertake that this policy will not be cancelled or amended by us within the period of Insurance without written advice to the insured party which has arranged the insurances. The insurance issued is subject to the terms and conditions of the policy. We do not warrant that this policy complies with the requirements of NZS 3910:2003. Insurance Company Stamp Date SIGNED BY SIGNATORY S TITLE (Clause numbers refer to NZS 3910:2003 and are for information only. 10/21 - Amberley Main Street Upgrades CC Page 23 of 24

9 Cost Fluctuation TWELFTH SCHEDULE TO THE GENERAL CONDITIONS OF CONTRACT Cost Fluctuation Contract for: 10/21, Amberley Main Street Upgrade NIL 10/21 - Amberley Main Street Upgrades CC Page 24 of 24