Академический Документы
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Parties:
This Memorandum of Understanding between CGI and SB sets out the key
commercial terms to the temporary agreement relating to the pre construction
project management of the condominium Touros Village Beach, RN, Brazil.
(MoU)
Definitions
Completion: The Completion of all the works in each phase such that SBI
can give full beneficial use and occupation of all villas,
bungalows and apartments in that phase to purchasers or
tenants.
Building Contract: Any contract or contracts that SBI enters into with any
Contractor for the construction of Phase 1.
Storage Facility: A facility which holds all up to date design and specification
information from all design consultants and sub-consultants
in an electronic digital form that can be accessed by any
authorised person or organisation through the internet for the
benefit or use in the proper delivery of The Project. The
Storage Facility must be protected at all times from
unauthorised access or use by any third party for any reason
whatsoever.
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Terms
4. SBI agrees to pay CGI the sum of BR$230/hour but subject always to
a absolute maximum of BR$13,400 per month in respect of the Services
to be provided under this MoU. These fees will not include fees for any
work that is considered to be relevant to the Architectural Services
Agreement referred to in clause 2 herein. The fee will be due on a weekly
basis subject to satisfactory performance of the Services with payment
due 28 days after the receipt of valid invoices from CGI bearing all
necessary information in respect of the hours worked, a full description of
such work and IVA tax details.
6. At all times CGI will use all proper skill and care to provide and
undertake the Services as suitably qualified and experienced architects
acting as project managers for the benefit of SBI and The Project.
7.1 CGI will prepare a comprehensive list of all consultants and sub-
consultants together with names of key personnel, address and
contact details for all persons and organisations that are providing
any design or specification advice related to The Project. Such list
to be kept updated.
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7.3 CGI to prepare a comprehensive list of any outstanding design,
specification or performance information necessary for the timely
and cost effective appointment of the Contractor and the
construction and delivery of Phase 1 of the Project.
7.5 CGI will review the Bill of Quantities prepared by Walter Germano
in September 2008 to recommend cost saving opportunities and
ensure that materials stated in the specification are and will be
readily available during the construction period of the project. This
process will be undertaken in conjunction with the chosen
contractor. The revised Bill of Quantities will be attached to the
Main Contract.
7.6 CGI will prepare a Programme of all works necessary for the
implementation, construction and completion of Phase 1.
7.7 CGI will identify all major events, mile stones and a critical path on
the Programme.
7.9 CGI will agree the Programme with the Contractor and will advise
SBI of any variations or amendments to the programme as a result
of discussions between CGI and the Contractor.
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7.14 CGI to update the Master Programme on a monthly basis showing
any deviation or variation and bringing the consequences of any
such deviation or variation to the attention of SBI.
7.15 CGI will prepare, install and manage a web based (internet)
Storage Facility which contains all design drawings, specifications,
programme and other necessary information for the design,
implementation, construction and statutory compliance of Phase 1
and in due course Phases 2, 3 and 4.
7.16 CGI will advise SBI in respect of the form and nature of the Building
Contract that best suits the Project and in particular Phase 1 of the
Project. The advice from CGI will be suited to achieve the greatest
protection and benefit for SBI in respect of design, programme,
quality, cost, statutory compliance and delivery of Phase 1.
7.17 CGI to immediately bring to the attention of SBI any risks, delays or
problems with the Project that become known to or are reasonably
foreseeable to CGI which may cause any delay to the programme,
harm the quality of The Project or any additional cost or other
financial loss to SBI.
12. This MoU can be determined at any time by SBI on written notice to
CGI subject to the payment of any outstanding fees properly due under
clause 4 herein.