Professional Documents
Culture Documents
HIGHWAYS
DAVAO CITY DISTRICT ENGINEERING OFFICE
Leon Ma. Guerrero Street, Davao City
BIDDING DOCUMENTS
FOR
5.1
5.2
5.4
No further instructions.
Bidding is restricted to eligible bidders as defined in ITB clause 5.1
The Bidder must have completed, within ten (10) years from the
submission of bids, a single contract that is similar to this project,
equivalent to at least fifty percent (50%) of the ABC
5.5
5.5
The CLC must be at least equal to ten percent (10%) of the ABC for this
project. If issued by a foreign bank, it shall be confirmed or authenticated
by a Universal of Commercial Bank. In the case of local government units
(LGUs) , the Bidder may also submit CLC from other banks certified by
the BANGKO SENTRAL NG PILIPINAS (BSP) as authorized to issue such
financial instrument.
No further Instructions
6.3
The Bidder, by the act of submitting its bid, shall be deemed to have
inspected the site and determined the general characteristics of the
contract works and conditions for this project. Unless otherwise indicated
in the BDS, failure to furnish all information or documentation required in
this Bidding Documents shall result in the rejection of the bid and the
disqualification of the Bidder.
No further instructions.
8.1
8.2
9.1
10.1
12.1(a)(i)
12.1(a)
(iii)
12.1 (a)
(iv)
12.1(b)
(ii.2)
Min. Cost of
largest Project
Handled
Project Manager
Project Engineer
Material Engineer
Safety Health Officer
Foreman
Others (Specify)
At least 50% of
the Subject
project
Min. years of
experience in
proposed
position
3 years
3 years
3 years
3 years
3 years
12.1 (b)
(ii.3)
Minimum
1
1
1
1
2
1
1
1
1
Min. amount in % of
Five percent
Proportionate to share or
with respect total
amount of
13.2
14.2
15.4
16.1
16.3
security
Form DPWH-INFR-31 shall be used for if the Bid security is an irrevocable letter
of credit, and form DPWH-INFR. 32 if it is a Bank Guarantee.
The ABC is Php 49,000,000.00 Any bid with a financial component exceeding
this amount shall not be accepted.
Bidders shall submit offers that comply with the requirements of the Bidding
Documents, including the basic technical design as indicated in the drawings
and specifications. Unless there is a value engineering clause in the BDS,
alternative bids shall not be accepted.
There is no provision for a value engineering change proposal.
Bid prices shall be fixed. Adjustable price proposals shall be treated as nonresponsive and shall be rejected .
The bid prices shall be quoted in Philippine Pesos.
Unless otherwise specified in the BDS, payment of the contract price shall be
17.1
18.1
18.2
18.5(a)
(iv)
20.1
20.1
22
23.4
21
24.1
25.1
be typed or written in indelible ink and shall be signed by the bidder or its duly
authorized representative/s. All envelopes shall:
a) Contain the name of the contract to be bid in capital letters
b) Bear the name and address of the Bidder in capital letters
c) Be addressed to the Procuring Entitys BAC identified in ITB Clause 10.1
d) Bear the specific identification of this bidding process indicated in the
Invitation to Bid; and
e) Bear a warning DO NOT OPEN BEFORE the date and time for the
opening of bids, in accordance with ITB clause 21
If bids are not sealed and marked as required, the Procuring Entity will assume
no responsibility for the misplacement or premature opening of the bid.
Any bid submitted after the deadline for submission and receipt of bids
prescribed by the Procuring Entity, pursuant to ITB Clause 21, shall be declared
LATE and shall not be accepted by the Procuring Entity
No bid may be modified after the deadline for submission of bids. No bid may
be withdrawn in the interval between the deadline for submission of bids and
the expiration of the period of bid validity specified by the Bidder on the
Financial Bid Form. Withdrawal of a bid during this interval shall result in the
forfeiture of the Bidders bid security, and the imposition of administrative,
civil, and criminal sanctions as prescribed by RA 9184 and its IRR.
The address for submission of bids is , THE BAC CHAIRMAN, DPWH,
DAVAO CITY DISTRICT ENGINEERING OFFICE, L. MA. GUERRERO
STREET, DAVAO CITY.
The deadline for submission of bids is November 29, 2013(Friday) until 2:00
P.M.
The place of bid opening is DPWH,DCDEO, Conference room, Davao City
The date and time of bid opening is November 29, 2013(Friday) until 2:00
P.M.after all bids have been received.
Members of the BAC, including its staff and personnel, as well as its
secretariat and TWG, are prohibited from making or accepting any kind of
communication with any bidder regarding the evaluation of their bids until the
issuance of Notice of Award, unless otherwise allowed in the BDS or in the
case of ITB Clause 26.
27.5
28.2 (b)
28.2(d)
31.4(g)
33.2
1.16
1.21
1.22
1.23
1.27
1.30
2.2
5.1
GCC Clause
6.5
The contractor shall employ the following key personnel:
1. Project Manager
2. Project Engineer
3. Materials Quality Control Engineer
4. Safety Health Officer
5. Construction Foreman
6. First Aider
7.1
Unless otherwise specified in the SCC within ten (10) calendar days from receipt of
the Notice of award from the procuring entity but in no case later than the signing of
the contract by both parties, the contractor shall furnish the performance security in
any the forms prescribed in ITB clause 32.2
7.4(c)
8.1
9.1
10
12.5
13
21.2
21.3
34.3
37.1
40.1
No further instruction
Unless otherwise indicated in the SCC, the contractor cannot subcontract works
more than the percentage specified in ITB Clause 8.1.
The applicable liquidated damages is at least one tenth (1/10) of one percent (1%) of
the cost of the unperformed portion for every day of delay.The maximum deduction
shall be ten (10%) percent of the amount of the contract, the procuring entity shall
rescind the contract, without prejudice to other courses of action and remedies open
to it.
The site investigation report is Affidavit of Site Inspection submitted by the
Participating bidders.
Warranty Security, In case of permanent structures, such as buildings of types 4 and
5 as classified under the National Building Code of the Philippines and other
structures made of steel, iron, or concrete which comply with relevant structural
codes (e.g. DPWH Standard Specifications) such as, but not limited to, steel/concrete
bridges, flyovers, aircraft movement areas, ports, dams, tunnels, filtration and
treatment plants, sewerage systems, power plants, transmission and communication
towers, railway systems and other similar permanent structures: Fifteen (15) years.In
case of semi-permanent structures, such as buildings of types 1, 2 and 3 as classified
under the National Building Code of the Philippines concrete/asphalt roads, concrete
river control, drainage, irrigation lined canals, river landing, deep wells, rock
causeway, pedestrian overpass, and other similar semi-permanent structures: Five
(5) yearsIn case of other structures, such as Bailey and wooden bridges, shallow
well, spring developments, and other similar structures: Two (2) years
No additional provision
The Arbiter is: Construction Industry Arbitration Commission
Any and all disputes arising from the implementation of this Contract covered by R.A.
9184 and its IRR shall be submitted to arbitration in the Philippines according to the
provisions of Republic Act No. 876, otherwise known as the Arbitration Law and
Republic Act 9285, otherwise known as the Alternative Dispute Resolution Act of
2004: Provided, however, that are within the competence of the Construction
Industry Arbitration Commission to resolve shall be referred thereto. The process of
arbitration shall be incorporated as a provision in this contract that will be executed
pursuant to the provisions of the Act and its IRR: Provided, further, that, by mutual
agreement, the parties may agree in writing to resort to other alternative modes of
dispute resolution. Additional instructions on resolution of disputes, if any, shall be
indicated in the SCC
The funding source is the Government of the Philippines
The Procuring Entitys Representative shall give notice to the contractor of any
defects before the end of the defects liability period, which begins at the completion
date up to final acceptance by the procuring entitys unless otherwise specified in the
SCC. The Defects liability period shall be extended for as long as defects remain to be
corrected.
No further instructions
The Contractor may submit a request for payment for work accomplished. Such
request for payment shall be verified and certified by the Procuring Entitys
Representative/Project Engineer. Except otherwise stipulated in the SCC, materials
and equipment delivered on the site but not completely put in place shall not be
included for payment
No further instructions
A. DPWH Standards
The DPWH standard specifications for Public works and highways (Blue Book)
shall be the basis for the Standard codes to be met by the goods and
materials furnished and work performed or tested for the contract. In
particular, Volume II (2004 edition ) of these specifications shall be used if the
contract pertains to Highways, Bridges and Airports. Volume III (1995 edition)
shall be used if the contract pertains to Buildings, Flood Control and Drainage
and Water supply.
B. Modifications of the Standards:
b.1 Modifications of standard and codes as stated in the DPWH Standard
Specifications for Public Works and Highways, Volume, if any included in the
enclosed supplemental specifications, which is part of the Bidding
documents.
b.2 Entries in the Supplemental Specifications are numbered to coincide with
the item numbering in the DWH Standards Specifications for Public Works
and Highways.
C. Safety & Health Program
SPECIFICATIONS
GCC
Clause
26.1
40.1
40.3
34.3
37.1
40.1
No further instructions
BID FORM
To: (Name and address of PROCURING ENTITY)
Address: ( insert address)
We, the undersigned , declare that:
(a) We have examined and have no reservation to the Bidding Documents,
including Addenda, for the Contract (insert name of contract);
(b) We offer to execute the Works for this Contract in accordance with the Bid
and Data Sheet, General and Special Conditions of contract accompanying
this Bid;
The total price of our Bid, excluding any discounts offered in item (d) below
is: (insert information);
The discounts offered and the methodology for their application are: (insert
information)
(c) Our Bid shall be valid for a period of (insert number) days from the date fixed
for the Bid submission deadline in accordance with the Bidding Documents,
and it shall remain binding upon us and may be accepted at any time before
expiration of that period;
(d) If our Bid is accepted, we commit to obtain a Performance Security in the
amount of (insert percentage) percent of the contract price for the due of the
contract;
(e) Our firm, including any subcontractors or suppliers for any part of the
contract, have nationalities from the following eligible countries; (Insert
information);
(f) We are not participating, as Bidders, in more than one Bid in this Bidding
process, other that alternative offers in accordance with the Bidding
documents;
(g) Our firm, its affiliates or subsidiaries, including any subcontractors or
suppliers for any part of the Contract, has not been declared ineligible by the
funding source;
(h) We understand that this Bid, together with your written acceptance thereof
included in your notification of award, shall constitute a binding contract
between us, until a formal contract is prepared and executed; and
(i) We understand that you are not bound to accept the Lowest Evaluated Bid or
any other Bid that you may receive.
Name : ______________________________________
In the capacity: _______________________________
Signed:
Duly authorized to sign the Bid for and on behalf of : _____________________
Date: _____________________________________
17.2
18
1.24
1.26
2.2
5.1
10
6.5
21.1
30.1
32.1
47.2c
51.1
51.2
15.1
15
14.2 & 14.4
17.2
18
21.1
44
2008.
26
25
Part F
404a
404b
405(1)a
405(1)b
PART G
500(1)a
500(1)b
500(1)c
502(1)a
502(1)b
502(4)a
502(4)b
504(1)a
Concrete Works
Reinforcing Steel (RCBC)
Reinforcing Steel (Open Canal Support)
Structural Concrete (RCBC)
Structural Concrete (Open Canal Support)
Drainage Structure & Slope Protection
Pipe culverts, 910mm (36 ) Class IV
Pipe culverts, 1220mm (48 ) Class IV
Pipe culverts, 1830mm (72 ) Class IV
Manhole (1220mm RCPC, CHB)
Manhole (1820mm RCPC)
Concrete Covers (Pre-cast 4.5 x 0.5 x 0.14)
Concrete Covers (Pre-cast 1.5 x 0.5 x 0.14)
Removing, Cleaning, Stockpiling Salvaged
Culvert Pipe (36 dia)
DPWH-INFR-47-101005
Page 1 of 2
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
Description
Unit
Quant
ity
Unit Price
(Pesos)
Amount
(Pesos)
(2)
Facilities for the
Engineer
Camphouse w/ 2 CR for
Female and Male
(3)
(4)
(5)
(6)
36.00
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
Sq.m
.
A.1.2
PART
B
SPL-1
SPL 2
Other General
Requirements
Construction Safety &
Health
Project Billboard
mont
h
days
each
4.50
155.00
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
2.00
Submitted by
_________________________
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 1 of 12
Contract ID No.
:
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
Description
Unit
Quant
ity
Unit Price
(Pesos)
Amount
(Pesos)
(2)
(3)
(4)
(5)
(6)
In Words:
In Words: Pesos
Pesos
SPL-3
Mobilization
&Demobilization
L.S
1.00
SPL-4
Traffic Management
L.S
1.00
B.4(1)
Part C
101(2)
Earthworks
Removal of Stone
Masonry Lined Drainage
Structures
K.m
1.343
167.00
cu.m
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
Submitted by
_________________________
(Name & Signature of Bidders Representative)
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 2 of 12
605(2)
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
101(3)b
102(2)a
103(1)a
Description
Unit
Quant
ity
(2)
(3)
(4)
Removal of Existing
Concrete Slab
Removal of Existing
PCCP and Flare
Roadway Excavation
(Surplus Common)
sq.m
Sq.
m.
Cu.
m.
Structure Excavation
2,168.
44
359.45
5,475.
00
858.13
cu.m
.
Unit Price
(Pesos)
Amount
(Pesos)
(5)
(6)
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
Submitted by
_________________________
(Name & Signature of Bidders Representative)
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 3 of 12
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
103(6)
104(1)
105(1)
Description
Unit
Quant
ity
Unit Price
(Pesos)
Amount
(Pesos)
(2)
(3)
(4)
(5)
(6)
23.90
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
Foundation FiIl
Embankment from
Roadway Excavation
Subgrade Preparation
(Common Excavation)
cu.m
cu.m
cu.m
.
sq.m
2,435.
00
27.00
7,052.
76
Submitted by
_________________________
(Name & Signature of Bidders Representative)
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 4 of 12
Contract ID No.
:
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
Description
(1)
PART
D
200
(2)
Sub-Base & Base
Course
Aggregate Subbase
Course
Part E
311(1)a
311(1)b
Surface Courses
PCC Pavement (plain)
(ready mixed concrete
7 day conc. 3500psi)
300mm thk.
Unit
Quant
ity
Unit Price
(Pesos)
Amount
(Pesos)
(3)
(4)
(5)
(6)
cu.m
2,468.
46
sq.m
sq.m
7,052.
76
450.40
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
Submitted by
_________________________
(Name & Signature of Bidders Representative)
_______________________
Position
DPWH-INFR-47-101005
Page 5 of 12
________________
Date
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
404b
405(1)a
405(1)b
Description
(2)
Concrete Works
Reinforcing Steel
(RCBC)
Structural Concrete
(RCBC)
Structural Concrete
(Open Canal Support)
Submitted by
Unit
Quanti
ty
Unit Price
(Pesos)
Amount
(Pesos)
(3)
(4)
(5)
(6)
kgs
kgs
Cu.
m.
Cu.
m.
7,047.2
0
23,390.
86
52.20
118.05
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
_________________________
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 6 of 12
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
500(1)b
500(1)c
Description
Unit
Quant
ity
Unit Price
(Pesos)
Amount
(Pesos)
(2)
Drainage Structure
& Slope Protection
Pipe culverts, 910mm
(36 ) Class IV
(3)
(4)
(5)
(6)
Pipe culverts,
1220mm (48 )
Class IV
Pipe culverts,
1830mm (72 )
Class IV
Submitted by
L.M
L.M
L.M
9.00
441.00
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
90.00
_________________________
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 7 of 12
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
502(1)b
502(4)a
Description
Unit
Quant
ity
(2)
(3)
(4)
Manhole (1220mm
RCPC, CHB)
Manhole (1820mm
RCPC)
each
each
21.00
17.00
each
756.00
Amount
(Pesos)
(6)
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
Submitted by
_________________________
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 8 of 12
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
504(1)a
Description
Unit
Quant
ity
Unit Price
(Pesos)
Amount
(Pesos)
(2)
(3)
(4)
(5)
(6)
Removing, Cleaning,
Stockpiling Salvaged
Culvert Pipe (36 dia)
each
378.00
LM
70.00
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
504(1)b
504(3)a
Removing, Cleaning,
Stockpiling Salvaged
Culvert Pipe (72 dia)
1820 mm
LM
LM
13.00
46.00
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
Submitted by
_________________________
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 9 of 12
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
Description
Unit
Quant
ity
Unit Price
(Pesos)
Amount
(Pesos)
(1)
(2)
(3)
(4)
(5)
(6)
504(3)b
LM
150.00
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
504(3)c
504(3)d
506
Stone Masonry
LM
58.00
LM
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures: Php
In figures: Php
238.00
Cu.
m.
32.00
Submitted by
_________________________
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 10 of 12
Contract ID No.
:
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
Description
Unit
Quantit
y
Unit Price
(Pesos)
Amount
(Pesos)
(2)
(3)
(4)
(5)
(6)
SPL
Desilting/Declogging/Cl
eaning of Existing Open
Lined Canal
Part
H
600(6)
601
Miscellaneous
Structures
Concrete Curb and
Gutter (Pre-Cast)
605(2)
Cu.
m.
398.97
pcs
In Words:
Pesos
In Words: Pesos
In figures:
Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures:
Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures:
Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures:
Php
In figures: Php
3,832.0
0
Sq.
m.
each
2,002.5
7
3.00
Submitted by
_________________________
(Name & Signature of Bidders Representative)
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 11 of 12
Contract ID No.
:
13LB-0117
Contract Name
:
Location of the
Contract
:
Davao City
ABC
:
49,000,000.00
BILL OF QUANTITIES
Part No.___________________
Description
Unit
Quantit
y
Unit Price
(Pesos)
Amount
(Pesos)
(2)
(3)
(4)
(5)
(6)
(1)
612(1)
SPL 5
Reflectorized
Thermoplastic
Pavement Marking
(white)
Removal and
Reinstallation of Inground sensor
Sq.
m.
LS
887.41
1.00
In Words:
Pesos
In Words: Pesos
In figures:
Php
In figures: Php
In Words:
Pesos
In Words: Pesos
In figures:
Php
In figures: Php
TOTAL
Submitted by
_________________________
(Name & Signature of Bidders Representative)
________________
Date
_______________________
Position
DPWH-INFR-47-101005
Page 12 of 12
The Arbiter is the person appointed jointly by the Procuring Entity and
the Contractor to resolve disputes in the first instance, as provided for
in GCC Clause.
.1.2.
Bill of Quantities refers to a list of the specific items of the Work and
their corresponding unit prices, lump sums, and/or provisional sums.
.1.3.
.1.4.
The Contract is the contract between the Procuring Entity and the
Contractor to execute, complete, and maintain the Works.
.1.5.
The Contract Price is the price stated in the Letter of Acceptance and
thereafter to be paid by the Procuring Entity to the Contractor for the
execution of the Works in accordance with this Contract.
.1.6.
.1.7.
.1.8.
.1.9.
.1.10. Dayworks are varied work inputs subject to payment on a time basis
for the Contractors employees and Equipment, in addition to
payments for associated Materials and Plant.
.1.11. A Defect is any part of the Works not completed in accordance with
the Contract.
.1.12. The Defects Liability Certificate is the certificate issued by
Procuring Entitys Representative upon correction of defects by the
Contractor.
.1.13. The Defects Liability Period is the one year period between project
completion and final acceptance within which the Contractor assumes
the responsibility to undertake the repair of any damage to the Works
at his own expense.
.1.14. Drawings are graphical presentations of the Works. They include all
supplementary details, shop drawings, calculations, and other
information provided or approved for the execution of this Contract.
.1.15. Equipment refers to all facilities, supplies, appliances, materials or
things required for the execution and completion of the Work provided
by the Contractor and which shall not form or are not intended to form
part of the Permanent Works.
.1.16. The Intended Completion Date refers to the date specified in the
SCC when the Contractor is expected to have completed the Works.
The Intended Completion Date may be revised only by the Procuring
Entitys Representative by issuing an extension of time or an
acceleration order.
.1.17. Materials are all supplies, including consumables, used by the
Contractor for incorporation in the Works.
.1.18. The Notice to Proceed is a written notice issued by the Procuring
Entity or the Procuring Entitys Representative to the Contractor
requiring the latter to begin the commencement of the work not later
than a specified or determinable date.
.1.19. Permanent Works all permanent structures and all other project
features and facilities required to be constructed and completed in
accordance with this Contract which shall be delivered to the Procuring
Entity and which shall remain at the Site after the removal of all
Temporary Works.
.1.20. Plant refers to the machinery, apparatus, and the like intended to
form an integral part of the Permanent Works.
.1.21. The Procuring Entity is the party who employs the Contractor to
carry out the Works stated in the SCC.
.1.27. The Start Date, as specified in the SCC, is the date when the
Contractor is obliged to commence execution of the Works. It does not
necessarily coincide with any of the Site Possession Dates.
Interpretation
In interpreting the Conditions of Contract, singular also means plural,
male also means female or neuter, and the other way around.
Headings have no significance. Words have their normal meaning
under the language of this Contract unless specifically defined. The
Procuring Entitys Representative will provide instructions clarifying
queries about the Conditions of Contract.
1.3.
Communications
Communications between parties that are referred to in the Conditions shall
be effective only when in writing. A notice shall be effective only when it is
received by the concerned party.
1.4.
Possession of Site
On the date specified in the SCC, the Procuring Entity shall grant the
Contractor possession of so much of the Site as may be required to
enable it to proceed with the execution of the Works. If the Contractor
suffers delay or incurs cost from failure on the part of the Procuring
Entity to give possession in accordance with the terms of this clause,
the Procuring Entitys Representative shall give the Contractor a
Contract Time Extension and certify such sum as fair to cover the cost
incurred, which sum shall be paid by Procuring Entity.
If possession of a portion is not given by the date stated in the SCC
Clause , the Procuring Entity will be deemed to have delayed the start
of the relevant activities. The resulting adjustments in contact time to
address such delay shall be in accordance with GCC Clause.
The Contractor shall bear all costs and charges for special or
temporary right-of-way required by it in connection with access to the
Site. The Contractor shall also provide at his own cost any additional
facilities outside the Site required by it for purposes of the Works.
The Contractor shall allow the Procuring Entitys Representative and
any person authorized by the Procuring Entitys Representative access
to the Site and to any place where work in connection with this
Contract is being carried out or is intended to be carried out.
1.5.
The Contractor shall be responsible for the safety of all activities on the
Site.
The Contractor shall carry out all instructions of the Procuring Entitys
Representative that comply with the applicable laws where the Site is
located.
The Contractor shall employ the key personnel named in the Schedule
of Key Personnel, as referred to in the SCC, to carry out the
supervision of the Works. The Procuring Entity will approve any
proposed replacement of key personnel only if their relevant
qualifications and abilities are equal to or better than those of the
personnel listed in the Schedule.
If the Procuring Entitys Representative asks the Contractor to remove
a member of the Contractors staff or work force, for justifiable cause,
the Contractor shall ensure that the person leaves the Site within
seven (7) days and has no further connection with the Work in this
Contract.
During Contract implementation, the Contractor and his subcontractors
shall abide at all times by all labor laws, including child labor related
enactments, and other relevant rules.
The Contractor shall submit to the Procuring Entity for consent the
name and particulars of the person authorized to receive instructions
on behalf of the Contractor.
The Contractor shall cooperate and share the Site with other
contractors, public authorities, utilities, and the Procuring Entity
between the dates given in the schedule of other contractors
particularly when they shall require access to the Site. The Contractor
shall also provide facilities and services for them during this period.
The Procuring Entity may modify the schedule of other contractors,
and shall notify the Contractor of any such modification thereto.
Should anything of historical or other interest or of significant value be
unexpectedly discovered on the Site, it shall be the property of the
Procuring Entity. The Contractor shall notify the Procuring Entitys
Representative of such discoveries and carry out the Procuring Entitys
Representatives instructions in dealing with them.
1.6.
Performance Security
Unless otherwise specified in the SCC, within ten (10) calendar days
from receipt of the Notice of Award from the Procuring Entity but in no
case later than the signing of the contract by both parties, the
Contractor shall furnish the performance security in any the forms
prescribed in ITB Clause.
The performance security posted in favor of the Procuring Entity shall
be forfeited in the event it is established that the Contractor is in
default in any of its obligations under the Contract.
The performance security shall remain valid until issuance by the
Procuring Entity of the Certificate of Final Acceptance.
The performance security may be released by the Procuring Entity and
returned to the Contractor after the issuance of the Certificate of Final
Acceptance subject to the following conditions:
There are no pending claims against the Contractor or the surety
company filed by the Procuring Entity;
The Contractor has no pending claims for labor and materials
filed against it; and
1.7.
Subcontracting
Unless otherwise indicated in the SCC, the Contractor cannot
subcontract Works more than the percentage specified in ITB Clause.
Subcontracting of any portion of the Works does not relieve the
Contractor of any liability or obligation under this Contract. The
Contractor will be responsible for the acts, defaults, and negligence of
any subcontractor, its agents, servants or workmen as fully as if these
were the Contractors own acts, defaults, or negligence, or those of its
agents, servants or workmen.
Subcontractors disclosed and identified during the bidding may be
changed during the implementation of this Contract, subject to
compliance with the required qualifications and the approval of the
Procuring Entity.
1.8.
Liquidated Damages
The Contractor shall pay liquidated damages to the Procuring Entity at
the rate per day stated in the SCC for each day that the Completion
Date is later than the Intended Completion Date. The total amount of
liquidated damages shall not exceed the amount defined in the SCC.
The Procuring Entity may deduct liquidated damages from payments
due to the Contractor. Payment of liquidated damages shall not affect
the Contractor. Once the cumulative amount of liquidated damages
reaches ten percent (10%) of the amount of this Contract, the
Procuring Entity shall rescind this Contract, without prejudice to other
courses of action and remedies open to it.
If the Intended Completion Date is extended after liquidated damages
have been paid, the Engineer of the Procuring Entity shall correct any
overpayment of liquidated damages by the Contractor by adjusting the
The
project
owners
representative(s), project manager, construction manager, and