Proposed Renovation of Former Jacinto Building - Clark Freeport Zone
Proposed Renovation of Former Jacinto Building - Clark Freeport Zone Proposed Renovation of Former Jacinto Building - Clark Freeport Zone
Procuring Entity shall rescind this Contract, without prejudice to othercourses of action and remedies open to it.9.2. If the Intended Completion Date is extended after liquidated damageshave been paid, the Engineer of the Procuring Entity shall correct anyoverpayment of liquidated damages by the Contractor by adjusting thenext payment certificate. The Contractor shall be paid interest on theoverpayment, calculated from the date of payment to the date ofrepayment, at the rates specified in GCC Clause 40.1.10. Site Investigation ReportsThe Contractor, in preparing the Bid, shall rely on any Site InvestigationReports referred to in the SCC supplemented by any information obtained bythe Contractor.11. The Procuring Entity, Licenses and PermitsThe Procuring Entity shall, if requested by the Contractor, assist him inapplying for permits, licenses or approvals, which are required for the Works.12. Contractor’s Risk and Warranty Security12.1. The Contractor shall assume full responsibility for the Works from thetime project construction commenced up to final acceptance by theProcuring Entity and shall be held responsible for any damage ordestruction of the Works except those occasioned by force majeure.The Contractor shall be fully responsible for the safety, protection,security, and convenience of his personnel, third parties, and the publicat large, as well as the Works, Equipment, installation, and the like tobe affected by his construction work.12.2. The defects liability period for infrastructure projects shall be one (1)year from project completion up to final acceptance by the ProcuringEntity. During this period, the Contractor shall undertake the repairworks, at his own expense, of any damage to the Works on account ofthe use of materials of inferior quality within ninety (90) days from thetime the Head of the Procuring Entity has issued an order to undertakerepair. In case of failure or refusal to comply with this mandate, theProcuring Entity shall undertake such repair works and shall be entitledto full reimbursement of expenses incurred therein upon demand.12.3. Unless otherwise indicated in the SCC, in case the Contractor fails tocomply with the preceding paragraph, the Procuring Entity shall forfeitits performance security, subject its property (ies) to attachment orgarnishment proceedings, and perpetually disqualify it from50Clark Development CorporationSection IV General Conditions of ContractProposed Renovation of Former Jacinto Building(Motorpool, Records, Warehouses and Maintenance Area)
participating in any public bidding. All payables of the GOP in his favorshall be offset to recover the costs.12.4. After final acceptance of the Works by the Procuring Entity, theContractor shall be held responsible for “Structural Defects”, i.e., majorfaults/flaws/deficiencies in one or more key structural elements of theproject which may lead to structural failure of the completedelements or structure, or “Structural Failures”, i.e., where one or morekey structural elements in an infrastructure facility fails or collapses,thereby rendering the facility or part thereof incapable of withstandingthe design loads, and/or endangering the safety of the users or thegeneral public:(a)(b)(c)(d)(e)Contractor – Where Structural Defects/Failures arise due tofaults attributable to improper construction, use of inferiorquality/substandard materials, and any violation of the contractplans and specifications, the contractor shall be held liable;Consultants – Where Structural Defects/Failures arise due tofaulty and/or inadequate design and specifications as well asconstruction supervision, then the consultant who prepared thedesign or undertook construction supervision for the projectshall be held liable;Procuring Entity’s Representatives/Project Manager/ConstructionManagers and Supervisors – The project owner’srepresentative(s), project manager, construction manager, andsupervisor(s) shall be held liable in cases where the StructuralDefects/Failures are due to his/their willful intervention inaltering the designs and other specifications; negligence oromission in not approving or acting on proposed changes tonoted defects or deficiencies in the design and/or specifications;and the use of substandard construction materials in theproject;Third Parties - Third Parties shall be held liable in cases whereStructural Defects/Failures are caused by work undertaken bythem such as leaking pipes, diggings or excavations,underground cables and electrical wires, underground tunnel,mining shaft and the like, in which case the applicable warrantyto such structure should be levied to third parties for theirconstruction or restoration works.Users - In cases where Structural Defects/Failures are due toabuse/misuse by the end user of the constructed facility and/ornon–compliance by a user with the technical design limits51Clark Development CorporationSection IV General Conditions of ContractProposed Renovation of Former Jacinto Building(Motorpool, Records, Warehouses and Maintenance Area)
- Page 1 and 2: Clark Development CorporationClark
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participating in any public bidding. All payables <strong>of</strong> the GOP in his favorshall be <strong>of</strong>fset to recover the costs.12.4. After final acceptance <strong>of</strong> the Works by the Procuring Entity, theContractor shall be held responsible for “Structural Defects”, i.e., majorfaults/flaws/deficiencies in one or more key structural elements <strong>of</strong> theproject which may lead to structural failure <strong>of</strong> the completedelements or structure, or “Structural Failures”, i.e., where one or morekey structural elements in an infrastructure facility fails or collapses,thereby rendering the facility or part there<strong>of</strong> incapable <strong>of</strong> withstandingthe design loads, and/or endangering the safety <strong>of</strong> the users or thegeneral public:(a)(b)(c)(d)(e)Contractor – Where Structural Defects/Failures arise due t<strong>of</strong>aults attributable to improper construction, use <strong>of</strong> inferiorquality/substandard materials, and any violation <strong>of</strong> the contractplans and specifications, the contractor shall be held liable;Consultants – Where Structural Defects/Failures arise due t<strong>of</strong>aulty and/or inadequate design and specifications as well asconstruction supervision, then the consultant who prepared thedesign or undertook construction supervision for the projectshall be held liable;Procuring Entity’s Representatives/Project Manager/ConstructionManagers and Supervisors – The project owner’srepresentative(s), project manager, construction manager, andsupervisor(s) shall be held liable in cases where the StructuralDefects/Failures are due to his/their willful intervention inaltering the designs and other specifications; negligence oromission in not approving or acting on proposed changes tonoted defects or deficiencies in the design and/or specifications;and the use <strong>of</strong> substandard construction materials in theproject;Third Parties - Third Parties shall be held liable in cases whereStructural Defects/Failures are caused by work undertaken bythem such as leaking pipes, diggings or excavations,underground cables and electrical wires, underground tunnel,mining shaft and the like, in which case the applicable warrantyto such structure should be levied to third parties for theirconstruction or restoration works.Users - In cases where Structural Defects/Failures are due toabuse/misuse by the end user <strong>of</strong> the constructed facility and/ornon–compliance by a user with the technical design limits51<strong>Clark</strong> Development CorporationSection IV General Conditions <strong>of</strong> Contract<strong>Proposed</strong> <strong>Renovation</strong> <strong>of</strong> <strong>Former</strong> <strong>Jacinto</strong> <strong>Building</strong>(Motorpool, Records, Warehouses and Maintenance Area)
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