Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

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35. Identifying Defectsthe Contractor and to have them audited by auditors appointed by theFunding Source, if so required by the Funding Source.The Procuring Entity’s Representative shall check the Contractor’s work and notifythe Contractor of any defects that are found. Such checking shall not affect theContractor’s responsibilities. The Procuring Entity’s Representative may instruct theContractor to search uncover defects and test any work that the Procuring Entity’sRepresentative considers below standards and defective.36. Cost of RepairsLoss or damage to the Works or Materials to be incorporated in the Works betweenthe Start Date and the end of the Defects Liability Periods shall be remedied by theContractor at the Contractor’s cost if the loss or damage arises from the Contractor’sacts or omissions.37. Correction of Defects37.1. The Procuring Entity’s Representative shall give notice to the Contractor ofany defects before the end of the Defects Liability Period, which is One (1)year from project completion up to final acceptance by the ProcuringEntity’s.37.2. Every time notice of a defect is given, the Contractor shall correct thenotified defect within the length of time specified in the Procuring Entity’sRepresentative’s notice.37.3. The Contractor shall correct the defects which he notices himself before theend of the Defects Liability Period.37.4. The Procuring Entity shall certify that all defects have been corrected. If theProcuring Entity considers that correction of a defect is not essential, he canrequest the Contractor to submit a quotation for the corresponding reductionin the Contract Price. If the Procuring Entity accepts the quotation, thecorresponding change in the SCC is a Variation.38. Uncorrected Defects38.1. The Procuring Entity shall give the Contractor at least fourteen (14) daysnotice of his intention to use a third party to correct a Defect. If theContractor does not correct the Defect himself within the period, theProcuring Entity may have the Defect corrected by the third party. The costof the correction will be deducted from the Contract Price.38.2. The use of a third party to correct defects that are uncorrected by theContractor will in no way relieve the Contractor of its liabilities andwarranties under the Contract.66
39. Advance Payment39.1. The Procuring Entity shall, upon a written request of the contractor whichshall be submitted as a contract document, make an advance payment to thecontractor in an amount not exceeding fifteen percent (15%) of the totalcontract price, to be made in lump sum or, at the most two, installmentsaccording to a schedule specified in the SCC.39.2. The advance payment shall be made only upon the submission to andacceptance by the Procuring Entity of an irrevocable standby letter of creditof equivalent value from a commercial bank, a bank guarantee or a suretybond callable upon demand, issued by a surety or insurance company dulylicensed by the Insurance Commission and confirmed by the ProcuringEntity.39.3. The advance payment shall be repaid by the Contractor by an amount equalto the percentage of the total contract price used for the advance payment.39.4. The contractor may reduce his standby letter of credit or guaranteeinstrument by the amounts refunded by the Monthly Certificates in theadvance payment.39.5. The Procuring Entity will provide an Advance Payment on the ContractPrice as stipulated in the Conditions of Contract, subject to the maximumamount stated in SCC Clause 39.1.40. Progress Payments40.1. The Contractor may submit a request for payment for Work accomplished.Such request for payment shall be verified and certified by the ProcuringEntity’s Representative/Project Engineer. Except as otherwise stipulated inthe SCC, materials and equipment delivered on the site but not completelyput in place shall not be included for payment.40.2. The Procuring Entity shall deduct the following from the certified grossamounts to be paid to the contractor as progress payment:(a)(b)(c)(d)(e)Cumulative value of the work previously certified and paid for.Portion of the advance payment to be recouped for the month.Retention money in accordance with the condition of contract.Amount to cover third party liabilities.Amount to cover uncorrected discovered defects in the works.40.3. Payments shall be adjusted by deducting therefrom the amounts for advancepayments and retention. The Procuring Entity shall pay the Contractor theamounts certified by the Procuring Entity’s Representative within twentyeight (28) days from the date each certificate was issued. No payment of67
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PHILIPPINE BIDDING DOCUMENTS(As Har
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(c)(d)(e)This Preface and the footn
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Section I. Invitation to BidNotes o
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It may also be downloaded free of c
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TABLE OF CONTENTSA. GENERAL .......
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29. Dayworks.......................
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Procuring Entity, designed to estab
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Page 83 and 84: Section VII. DrawingsList of Drawin
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