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

10.07.2015 Views

27. Right to Vary27.1. The Procuring Entity’s Representative with the prior approval of theProcuring Entity may instruct Variations, up to a maximum cumulativeamount of ten percent (10%) of the original contract cost.27.2. Variations shall be valued as follows:(a)(b)(c)(d)At a lump sum price agreed between the parties;where appropriate, at rates in this Contract;in the absence of appropriate rates, the rates in this Contractshall be used as the basis for valuation; or failing whichAt appropriate new rates, equal to or lower than currentindustry rates and to be agreed upon by both parties andapproved by the Head of the Procuring Entity.28. Contractors Right to ClaimIf the Contractor incurs cost as a result of any of the events under GCCClause 13, the Contractor shall be entitled to the amount of such cost. If as aresult of any of the said events, it is necessary to change the Works, this shallbe dealt with as a Variation.29. Day works29.1. Subject to GCC Clause 43 on Variation Order, and if applicable asindicated in the SCC, the Day works rates in the Contractor’s Bid shallbe used for small additional amounts of work only when the ProcuringEntity’s Representative has given written instructions in advance foradditional work to be paid for in that way.29.2. All work to be paid for as Day works shall be recorded by theContractor on forms approved by the Procuring Entity’s Representative.Each completed form shall be verified and signed by the ProcuringEntity’s Representative within two days of the work being done.29.3. The Contractor shall be paid for Day works subject to obtaining signedDay works forms.30. Early Warning30.1. The Contractor shall warn the Procuring Entity’s Representative at theearliest opportunity of specific likely future events or circumstancesthat may adversely affect the quality of the work, increase the ContractPrice, or delay the execution of the Works. The Procuring Entity’s64Clark Development CorporationSection IV General Conditions of ContractProposed Renovation of Former Jacinto Building(Motorpool, Records, Warehouses and Maintenance Area)

Representative may require the Contractor to provide an estimate ofthe expected effect of the future event or circumstance on the ContractPrice and Completion Date. The estimate shall be provided by theContractor as soon as reasonably possible.30.2. The Contractor shall cooperate with the Procuring Entity’sRepresentative in making and considering proposals for how the effectof such an event or circumstance can be avoided or reduced by anyoneinvolved in the work and in carrying out any resulting instruction of theProcuring Entity’s Representative.31. Program of Work31.1. Within the time stated in the SCC, the Contractor shall submit to theProcuring Entity’s Representative for approval a Program of Workshowing the general methods, arrangements, order, and timing for allthe activities in the Works.31.2. An update of the Program of Work shall the show the actual progressachieved on each activity and the effect of the progress achieved onthe timing of the remaining work, including any changes to thesequence of the activities.31.3. The Contractor shall submit to the Procuring Entity’s Representative forapproval an updated Program of Work at intervals no longer than theperiod stated in the SCC. If the Contractor does not submit anupdated Program of Work within this period, the PROCURING Entity’sRepresentative may withhold the amount stated in the SCC from thenext payment certificate and continue to withhold this amount until thenext payment after the date on which the overdue Program of Workhas been submitted.31.4. The Procuring Entity’s Representative’s approval of the Program ofWork shall not alter the Contractor’s obligations. The Contractor mayrevise the Program of Work and submit it to the Procuring Entity’sRepresentative again at any time. A revised Program of Work shallshow the effect of any approved Variations.31.5. When the Program of Work is updated, the Contractor shall provide theProcuring Entity’s Representative with an updated cash flow forecast.The cash flow forecast shall include different currencies, as defined inthe Contract, converted as necessary using the Contract exchangerates.31.6. All Variations shall be included in updated Program of Work producedby the Contractor.65Clark Development CorporationSection IV General Conditions of ContractProposed Renovation of Former Jacinto Building(Motorpool, Records, Warehouses and Maintenance Area)

27. Right to Vary27.1. The Procuring Entity’s Representative with the prior approval <strong>of</strong> theProcuring Entity may instruct Variations, up to a maximum cumulativeamount <strong>of</strong> ten percent (10%) <strong>of</strong> the original contract cost.27.2. Variations shall be valued as follows:(a)(b)(c)(d)At a lump sum price agreed between the parties;where appropriate, at rates in this Contract;in the absence <strong>of</strong> appropriate rates, the rates in this Contractshall be used as the basis for valuation; or failing whichAt appropriate new rates, equal to or lower than currentindustry rates and to be agreed upon by both parties andapproved by the Head <strong>of</strong> the Procuring Entity.28. Contractors Right to ClaimIf the Contractor incurs cost as a result <strong>of</strong> any <strong>of</strong> the events under GCCClause 13, the Contractor shall be entitled to the amount <strong>of</strong> such cost. If as aresult <strong>of</strong> any <strong>of</strong> the said events, it is necessary to change the Works, this shallbe dealt with as a Variation.29. Day works29.1. Subject to GCC Clause 43 on Variation Order, and if applicable asindicated in the SCC, the Day works rates in the Contractor’s Bid shallbe used for small additional amounts <strong>of</strong> work only when the ProcuringEntity’s Representative has given written instructions in advance foradditional work to be paid for in that way.29.2. All work to be paid for as Day works shall be recorded by theContractor on forms approved by the Procuring Entity’s Representative.Each completed form shall be verified and signed by the ProcuringEntity’s Representative within two days <strong>of</strong> the work being done.29.3. The Contractor shall be paid for Day works subject to obtaining signedDay works forms.30. Early Warning30.1. The Contractor shall warn the Procuring Entity’s Representative at theearliest opportunity <strong>of</strong> specific likely future events or circumstancesthat may adversely affect the quality <strong>of</strong> the work, increase the ContractPrice, or delay the execution <strong>of</strong> the Works. The Procuring Entity’s64<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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