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PUBLIC SECTOR

STANDARD CONDITIONS OF CONTRACT


FOR DESIGN AND BUILD
( Fifth edition December 2008)
SUPPLEMENT

CONTENTS

1 APPENDIX

2 AGREEMENT

3 PERFORMANCE GUARANTEE
APPENDIX
APPENDIX
CLAUSE

NIL
OPTION MODULES 1.1(d) ............................................................

FOOTBALL ASSOCIATION OF SINGAPORE


EMPLOYER 1.1(o) .............................................................

LIMITATIONS ON THE AUTHORITY OF As specified in the Conditions of


THE SUPERINTENDING OFFICER 2.1 ..........................................................
Contract
.............................................................

SECURITY DEPOSIT 4.4(1)

Number of days to deposit after Letter of 14 days


Acceptance .
2.5% of Contract Sum
Amount .............................................................

TIME FOR COMPLETION 14.1 THREE (3) months


INCLUDING TURF ESTABLISHMENT
Whole of the Works .............................................................
AND PITCH IS FIT FOR PLAY
Phase or Part of the Works

............................................................ .............................................................

............................................................ .............................................................

............................................................ .............................................................

LIQUIDATED DAMAGES 16.1


(The cumulative amount of liquidated
damages payable by the Contractor for all
occasions of delay under the Contract shall
not exceed $50m or the Contract Sum,
whichever is lower.)
$467 PER DAY
Whole of the Works .............................................................

Phase or Part of the Works

............................................................ .............................................................

............................................................ .............................................................

............................................................ .............................................................

Appendix/1
D&B PSSCOC (Fifth edition December 2008)
CLAUSE

Twenty-four (24) months


DEFECTS LIABILITY PERIOD 18.1 .............................................................

DESIGN FEE PERCENTAGE OF 20.1(a) Design fee


VALUE OF WORKS percentage of the
Type of Design value of the
varied work

Architectural 5%

Civil & Structural 25%

Mechanical 35%
Engineering

Electrical 35%
Engineering

100%
All in rate

LIMITATIONS ON EXTENT OF S$1,000,000.00 for any one accident.


LIABILITY FOR ANY ONE
ACCIDENT 27.1(1)(b) .............................................................

PERIOD FOR HONOURING 21 days from Tax Invoice


CERTIFICATE 32.6 .............................................................

RATE OF INTEREST UPON NIL


UNPAID SUMS 32.6 .............................................................

FLUCTUATIONS 33.1 NIL

Specified Materials ........................................................................

Base Date ........................................................................

Appendix/2
D&B PSSCOC (Fifth edition December 2008)
AGREEMENT
AGREEMENT

THIS AGREEMENT is made the day of .

Between..

of....

(hereinafter called "the Employer") of the one part and


...

.
of
.

.
(hereinafter called "the Contractor") of the other part.

Whereas

Recitals
First the Employer is desirous of obtaining the construction of [the following works] [a]
(hereinafter called `the Works') at

.......
. for which he has issued to the Contractor his requirements (hereinafter referred to as "Employer's
Requirements").

Second the Contractor has submitted his developed design documents for carrying out the
Works [works referred to in the First recital] (hereinafter referred to as "the Contractor's Proposals") which
includes the statement of the sum which he will require for carrying out that which is necessary for completing
all the Works in accordance with the Conditions [(which is the Contract Sum stated in Article 3)] .

Third the Employer has relied on the Contractor in the development of the Contractor's
Proposals to fully meet the suitability, adequacy, integrity, durability and practically of the Employers
Requirements and having examined the Contractor's Proposals and, subject to the Conditions, is satisfied that
they meet the Employers Requirements.

Agreement/1
D&B PSSCOC (Fifth edition December 2008)
For the avoidance of doubt, it is expressly agreed that the giving of any consent or approval
by or on behalf of the Superintending Officer shall not in any way relieve the Contractor of any of his
obligations under the Contract or his duty to ensure the correctness, accuracy or suitability of the matter or this
which is the subject of the consent or approval.

Fourth, the Employer has accordingly accepted a Tender by the Contractor for the design
execution and completion of such Works and remedying any defects therein.

Now it is hereby agreed as follows:

Article 1 Contract

1. In this Agreement words and expression shall have the same meaning as are respectively assigned to
them in the Conditions of Contract herein after referred to.

Article 2 Contractor's obligations

2. For the consideration mentioned in Article 3 the Contractor hereby covenants with the Employer to both
complete the design for the Works and execute and complete the construction of the Works and remedy
any defects therein in conformity in all respects with the provisions of the Contract.

Article 3 Contract Sum

3. The Employer hereby covenants to pay the Contractor in consideration of the design execution and
completion of the Works and the remedying of defects therein, the Lump-Sum of

..
.
(Singapore Dollars . ) (hereinafter referred to as `the Contract Sum') or such
other sum as shall become payable hereunder at the times and in the manner specified by the Contract.

Article 4 Employer's Design Requirements and Contractor's Proposals

4. The Employer's Requirements and the Contractor's Proposals have been signed by the parties and are
identified in an appendix to the Conditions.

Agreement/2
D&B PSSCOC (Fifth edition December 2008)
Article 5

5. The following documents shall be deemed to form and be read and construed as part of the
Agreement. viz:-

(1) The Employer's Letter of Acceptance;


(2) The said Tender;
(3) The Conditions of Contract comprising
(a) the Public Sector Standard Condition of Contract for Design and Build;
(b) the Particular Conditions;
(c) the Appendix;
(4) The Specifications (if applicable);
(5) The Drawings (if applicable);
(6) The Bills of Quantities/Contract Sum Analysis/Schedule of Rates (if applicable);
(7) The Employer's Requirements;
(8) The Contractor's Proposals
(9) The Addenda Nos.............................................

There aforesaid documents shall be read and construed as a whole and no special priority other than that
accorded by law or expressly provided in the Contract documents and shall apply to any one document or
group of documents nor shall the contra proferentum rule apply to this Agreement.

Agreement/3
D&B PSSCOC (Fifth edition December 2008)
IN WITNESS WHEREOF
the day and year first above written
(hand of the Employer has been hereunto set )
the* ( )
(Common Seal of the Employer has been hereunto affixed )

*Signed by the said

.................................................................................

................................................................................. .......................................................
Signature
*The Common Seal of

.................................................................................

.................................................................................

was hereunto affixed in the presence of

Name........................................................................

Address.....................................................................

.................................................................................

Description...............................................................

( hand of the Contractor has been hereunto set )


and the* ( )
(Common Seal of the Contractor has been hereunto affixed )

*Signed by the said

.................................................................................

................................................................................. .......................................................
Signature
* The Common Seal of

.................................................................................

.................................................................................

was hereunto affixed in the presence of

Name........................................................................

Address.....................................................................

..............................................................................

Description................................................................

* Delete as appropriate

Agreement/4
D&B PSSCOC (Fifth edition December 2008)
PERFORMANCE GUARANTEE
PERFORMANCE GUARANTEE
(FOR NON-FIXED PERIOD CONTRACTS)
To: ___________________________ and his successors in office for and on behalf of
the Government of the Republic of Singapore (hereinafter called "the Employer").

Whereas on the _____ day of _____________ an Agreement (hereinafter called


"the Contract") was made between _______________________ (name of Contractor) of
______________ (address) (hereinafter called "the Contractor") of the one part and the
Employer of the other part whereby the Employer agreed to ____________
_________________ (state nature of contract) for the sum of Singapore Dollars
______________ (S$ ___________ ).

And Whereas the Contractor is required under the Contract to pay ___ per cent of
the total value of the Contract as a Security Deposit for the performance of his obligations
under the Contract.

Now in consideration of the Employer not insisting on the Contractor paying ___
per cent of the total value of the Contract as a security deposit for the said Contract, we (at
the request of the Contractor) hereby agree as follows:

1 In the event of the Contractor failing to fulfil any of the terms and conditions of the
said contract, we shall indemnify the Employer against all losses, damages, costs,
expenses or otherwise sustained by the Employer thereby up to the sum of Singapore
Dollars _________ (S$ _______ ) ("the Guaranteed Sum") upon receiving your written
notice of claim for payment made pursuant to Clause 4 hereof.

2 We shall not be discharged or released from this guarantee by any arrangement


between yourself and the Contractor with or without our consent or by any alteration in
the obligations undertaken by the Contractor or by any forbearance whether as to payment,
time, performance or otherwise.

3 Our liability under this guarantee shall continue and this guarantee shall remain in
full force and effect from [insert effective date: _____________] until [insert initial expiry
date:_________ ] [insert if expiry date is subject to automatic extention: provided always
that the expiry date of this guarantee and our liability thereunder shall be automatically
extended for successive periods of [specify duration of each extension: _______ days /
months] unless we give you 90 days' written notice prior to the expiry of our liability of
our intention not to extend this guarantee in respect of any future extension and provided
further that you shall be entitled, upon receiving such notice of our intention (and within
the period specified in Clause 4 hereof), either to:

(a) make a claim under this guarantee; or


* (b) direct us to pay such amount (not exceeding the Guaranteed Sum) as you
may specify into a suspense account to be governed and disbursed by us
subject to the Association of Banks in Singapore's Guidelines for operation
of a Suspense Account; or

* Not applicable for Insurance Bond issued by insurance companies

Performance Guarantee/1
D&B PSSCOC (Fifth edition December 2008)
(c) direct us to extend the validity of this guarantee for a further period not
exceeding ________ days / months (and this guarantee shall then expire at
the end of such further period)].

4 This guarantee is conditional upon a claim or direction as specified herein being


made by you by way of a notice in writing addressed to us and the same being received by
us at [insert address of Banks notification office: ___________________ ] within 90 days
from the expiry of this guarantee. Thereafter this guarantee shall become null and void
notwithstanding that this guarantee is not returned us for cancellation except for any
claim(s) or direction submitted to us in writing not later than 90 days from the expiry of
this guarantee.

5 We shall be obliged to effect the payment required under such a claim or direction
within 30 business days of our receipt thereof. We shall be under no duty to inquire into
the reasons, circumstances or authenticity of the grounds for such claim or direction and
shall be entitled to rely upon any written notice thereof received by us (within the period
specified in Clause 4 hereof) as final and conclusive.

6 The Employer may make more than one claim on, or direction under, this
guarantee so long as the claims or directions are made pursuant to Clause 4 hereof and
within the period specified therein and the aggregate amount specified in all such claims
and directions does not exceed the Guaranteed Sum.

7 This guarantee is issued subject to the laws of the Republic of Singapore and the
jurisdiction of the Singapore courts.

Dated this _______ day of ______________

AS WITNESS our hand

Signed by: _______________________________


(Name and designation of officer)

for and on behalf of the

________________________________ _____________________
(Name of **Bank/Insurance Company) (Signature)

in the presence of

Name ___________________

Designation ______________ _____________________


(Signature of Witness)

** Delete whichever is not applicable.

Performance Guarantee/2
D&B PSSCOC (Fifth edition December 2008)