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
(i) Employment of competent technical personnel,competent engineers and/or work supervisors;(ii)(iii)(iv)(v)Provision of warning signs and barricades in accordancewith approved plans and specifications and contractprovisions;Stockpiling in proper places of all materials and removalfrom the project site of waste and excess materials,including broken pavement and excavated debris inaccordance with approved plans and specifications andcontract provisions;Deployment of committed equipment, facilities, supportstaff and manpower; andRenewal of the effectivity dates of the performancesecurity after its expiration during the course of contractimplementation.(c)(d)Assignment and subcontracting of the contract or any partthereof or substitution of key personnel named in the proposalwithout prior written approval by the procuring entity.Poor performance by the contractor or unsatisfactory qualityand/or progress of work arising from his fault or negligence asreflected in the Constructor's Performance Evaluation System(“CPES”) rating sheet. In the absence of the CPES rating sheet,the existing performance monitoring system of the procuringentity shall be applied. Any of the following acts by theconstructor shall be construed as poor performance:(i)(ii)Negative slippage of 15% and above within the criticalpath of the project due entirely to the fault or negligenceof the contractor; andQuality of materials and workmanship not complying withthe approved specifications arising from the contractor'sfault or negligence.(e)Willful or deliberate abandonment or non-performance of theproject or contract by the contractor resulting to substantialbreach thereof without lawful and/or just cause.In addition to the penalty of suspension, the performance securityposted by the contractor shall also be forfeited.60Clark Development CorporationSection IV General Conditions of ContractProposed Renovation of Former Jacinto Building(Motorpool, Records, Warehouses and Maintenance Area)
20. Force Majeure, Release from Performance20.1. For purposes of this Contract the terms “force majeure” and “fortuitousevent” may be used interchangeably. In this regard, a fortuitous eventor force majeure shall be interpreted to mean an event which theContractor could not have foreseen, or which though foreseen, wasinevitable. It shall not include ordinary unfavorable weatherconditions; and any other cause the effects of which could have beenavoided with the exercise of reasonable diligence by the Contractor.20.2. If this Contract is discontinued by an outbreak of war or by any otherevent entirely outside the control of either the Procuring Entity or theContractor, the Procuring Entity’s Representative shall certify that thisContract has been discontinued. The Contractor shall make the Sitesafe and stop work as quickly as possible after receiving this certificateand shall be paid for all works carried out before receiving it and forany Work carried out afterwards to which a commitment was made.20.3. If the event continues for a period of eighty four (84) days, eitherparty may then give notice of termination, which shall take effecttwenty eight (28) days after the giving of the notice.20.4. After termination, the Contractor shall be entitled to payment of theunpaid balance of the value of the Works executed and of thematerials and Plant reasonably delivered to the Site, adjusted by thefollowing:(a)(b)(c)any sum to which the Contractor is entitled under GCC Clause28;the cost of his suspension and demobilization;Any sum to which the Procuring Entity is entitled.20.5. The net balance due shall be paid or repaid within a reasonable timeperiod from the time of the notice of termination.21. Resolution of Disputes21.1. If any dispute or difference of any kind whatsoever shall arise betweenthe parties in connection with the implementation of the contractcovered by the Act and this IRR, the parties shall make every effort toresolve amicably such dispute or difference by mutual consultation.21.2. If the Contractor believes that a decision taken by the PROCURINGEntity’s Representative was either outside the authority given to thePROCURING Entity’s Representative by this Contract or that the61Clark Development CorporationSection IV General Conditions of ContractProposed Renovation of Former Jacinto Building(Motorpool, Records, Warehouses and Maintenance Area)
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20. Force Majeure, Release from Performance20.1. For purposes <strong>of</strong> this Contract the terms “force majeure” and “fortuitousevent” may be used interchangeably. In this regard, a fortuitous eventor force majeure shall be interpreted to mean an event which theContractor could not have foreseen, or which though foreseen, wasinevitable. It shall not include ordinary unfavorable weatherconditions; and any other cause the effects <strong>of</strong> which could have beenavoided with the exercise <strong>of</strong> reasonable diligence by the Contractor.20.2. If this Contract is discontinued by an outbreak <strong>of</strong> war or by any otherevent entirely outside the control <strong>of</strong> either the Procuring Entity or theContractor, the Procuring Entity’s Representative shall certify that thisContract has been discontinued. The Contractor shall make the Sitesafe and stop work as quickly as possible after receiving this certificateand shall be paid for all works carried out before receiving it and forany Work carried out afterwards to which a commitment was made.20.3. If the event continues for a period <strong>of</strong> eighty four (84) days, eitherparty may then give notice <strong>of</strong> termination, which shall take effecttwenty eight (28) days after the giving <strong>of</strong> the notice.20.4. After termination, the Contractor shall be entitled to payment <strong>of</strong> theunpaid balance <strong>of</strong> the value <strong>of</strong> the Works executed and <strong>of</strong> thematerials and Plant reasonably delivered to the Site, adjusted by thefollowing:(a)(b)(c)any sum to which the Contractor is entitled under GCC Clause28;the cost <strong>of</strong> his suspension and demobilization;Any sum to which the Procuring Entity is entitled.20.5. The net balance due shall be paid or repaid within a reasonable timeperiod from the time <strong>of</strong> the notice <strong>of</strong> termination.21. Resolution <strong>of</strong> Disputes21.1. If any dispute or difference <strong>of</strong> any kind whatsoever shall arise betweenthe parties in connection with the implementation <strong>of</strong> the contractcovered by the Act and this IRR, the parties shall make every effort toresolve amicably such dispute or difference by mutual consultation.21.2. If the Contractor believes that a decision taken by the PROCURINGEntity’s Representative was either outside the authority given to thePROCURING Entity’s Representative by this Contract or that the61<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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