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
(c)Include the valuations of approved variations.41.4. The Procuring Entity’s Representative may exclude any item certified ina previous certificate or reduce the proportion of any item previouslycertified in any certificate in the light of later information.42. Retention42.1. The Procuring Entity shall retain from each payment due to theContractor an amount equal to a percentage thereof using the rate asspecified in ITB Sub-Clause 42.2.42.2. Progress payments are subject to retention of ten percent (10%),referred to as the “retention money.” Such retention shall be based onthe total amount due to the Contractor prior to any deduction and shallbe retained from every progress payment until fifty percent (50%) ofthe value of Works, as determined by the Procuring Entity, arecompleted. If, after fifty percent (50%) completion, the Work issatisfactorily done and on schedule, no additional retention shall bemade; otherwise, the ten percent (10%) retention shall again beimposed using the rate specified therefore.42.3. The total “retention money” shall be due for release upon finalacceptance of the Works. The Contractor may, however, request thesubstitution of the retention money for each progress billing withirrevocable standby letters of credit from a commercial bank, bankguarantees or surety bonds callable on demand, of amounts equivalentto the retention money substituted for and acceptable to the ProcuringEntity, provided that the project is on schedule and is satisfactorilyundertaken. Otherwise, the ten (10%) percent retention shall bemade. Said irrevocable standby letters of credit, bank guaranteesand/or surety bonds, to be posted in favor of the Government shall bevalid for a duration to be determined by the concerned implementingoffice/agency or Procuring Entity and will answer for the purpose forwhich the ten (10%) percent retention is intended, i.e., to coveruncorrected discovered defects and third party liabilities.42.4. On completion of the whole Works, the Contractor may substituteretention money with an “on demand” Bank guarantee in a formacceptable to the Procuring Entity.43. Variation Orders43.1. Variation Orders may be issued by the Procuring Entity to cover anyincrease/decrease in quantities, including the introduction of new workitems that are not included in the original contract or reclassification ofwork items that are either due to change of plans, design or alignment70Clark Development CorporationSection IV General Conditions of ContractProposed Renovation of Former Jacinto Building(Motorpool, Records, Warehouses and Maintenance Area)
to suit actual field conditions resulting in disparity between thepreconstruction plans used for purposes of bidding and the “as stakedplans” or construction drawings prepared after a joint survey by theContractor and the Procuring Entity after award of the contract,provided that the cumulative amount of the Variation Order does notexceed ten percent (10%) of the original project cost. Theaddition/deletion of Works should be within the general scope of theproject as bid and awarded. The scope of works shall not be reducedso as to accommodate a positive Variation Order. A Variation Ordermay either be in the form of a Change Order or Extra Work Order.43.2. A Change Order may be issued by the implementing official to coverany increase/decrease in quantities of original Work items in thecontract.43.3. An Extra Work Order may be issued by the implementing official tocover the introduction of new work necessary for the completion,improvement or protection of the project which were not included asitems of Work in the original contract, such as, where there aresubsurface or latent physical conditions at the site differing materiallyfrom those indicated in the contract, or where there are duly unknownphysical conditions at the site of an unusual nature differing materiallyfrom those ordinarily encountered and generally recognized as inherentin the Work or character provided for in the contract.43.4. Any cumulative Variation Order beyond ten percent (10%) shall besubject of another contract to be bid out if the works are separablefrom the original contract. In exceptional cases where it is urgentlynecessary to complete the original scope of work, the Head of theProcuring Entity may authorize a positive Variation Order go beyondten percent (10%) but not more than twenty percent (20%) of theoriginal contract price, subject to the guidelines to be determined bythe GPPB: Provided, however, That appropriate sanctions shall beimposed on the designer, consultant or official responsible for theoriginal detailed engineering design which failed to consider theVariation Order beyond ten percent (10%).43.5. In claiming for any Variation Order, the Contractor shall, within seven(7) calendar days after such work has been commenced or after thecircumstances leading to such condition(s) leading to the extra cost,and within twenty-eight (28) calendar days deliver a writtencommunication giving full and detailed particulars of any extra cost inorder that it may be investigated at that time. Failure to provide eitherof such notices in the time stipulated shall constitute a waiver by thecontractor for any claim. The preparation and submission of VariationOrders are as follows:71Clark Development CorporationSection IV General Conditions of ContractProposed Renovation of Former Jacinto Building(Motorpool, Records, Warehouses and Maintenance Area)
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- Page 112 and 113: Bid FormDate: ___________________IA
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to suit actual field conditions resulting in disparity between thepreconstruction plans used for purposes <strong>of</strong> bidding and the “as stakedplans” or construction drawings prepared after a joint survey by theContractor and the Procuring Entity after award <strong>of</strong> the contract,provided that the cumulative amount <strong>of</strong> the Variation Order does notexceed ten percent (10%) <strong>of</strong> the original project cost. Theaddition/deletion <strong>of</strong> Works should be within the general scope <strong>of</strong> theproject as bid and awarded. The scope <strong>of</strong> works shall not be reducedso as to accommodate a positive Variation Order. A Variation Ordermay either be in the form <strong>of</strong> a Change Order or Extra Work Order.43.2. A Change Order may be issued by the implementing <strong>of</strong>ficial to coverany increase/decrease in quantities <strong>of</strong> original Work items in thecontract.43.3. An Extra Work Order may be issued by the implementing <strong>of</strong>ficial tocover the introduction <strong>of</strong> new work necessary for the completion,improvement or protection <strong>of</strong> the project which were not included asitems <strong>of</strong> Work in the original contract, such as, where there aresubsurface or latent physical conditions at the site differing materiallyfrom those indicated in the contract, or where there are duly unknownphysical conditions at the site <strong>of</strong> an unusual nature differing materiallyfrom those ordinarily encountered and generally recognized as inherentin the Work or character provided for in the contract.43.4. Any cumulative Variation Order beyond ten percent (10%) shall besubject <strong>of</strong> another contract to be bid out if the works are separablefrom the original contract. In exceptional cases where it is urgentlynecessary to complete the original scope <strong>of</strong> work, the Head <strong>of</strong> theProcuring Entity may authorize a positive Variation Order go beyondten percent (10%) but not more than twenty percent (20%) <strong>of</strong> theoriginal contract price, subject to the guidelines to be determined bythe GPPB: Provided, however, That appropriate sanctions shall beimposed on the designer, consultant or <strong>of</strong>ficial responsible for theoriginal detailed engineering design which failed to consider theVariation Order beyond ten percent (10%).43.5. In claiming for any Variation Order, the Contractor shall, within seven(7) calendar days after such work has been commenced or after thecircumstances leading to such condition(s) leading to the extra cost,and within twenty-eight (28) calendar days deliver a writtencommunication giving full and detailed particulars <strong>of</strong> any extra cost inorder that it may be investigated at that time. Failure to provide either<strong>of</strong> such notices in the time stipulated shall constitute a waiver by thecontractor for any claim. The preparation and submission <strong>of</strong> VariationOrders are as follows:71<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)