Section 3 (Particular Conditions Part A.) Pasig WTP TP - Final

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SECTION 3 – CONDITIONS OF CONTRACT

3.1 General Conditions of Contract


The Contract shall be governed by the General Conditions of Contract f or Plant Design and Build published
by the Federation Internationale Des Ingeneurs Conseils or International Federation of Consulting
Engineers, more commonly known as FIDIC.

FIDIC is the only copyright owner of the General Conditions of Contract (GCC). No part of the GCC may
be reproduced, translated, adapted, stored in a retrieval system or communicated in any f orm or by any
means without the express written consent of FIDIC. The English text of the GCC is the of f icial and
authentic text.

3.2 Particular Conditions of Contract


The f ollowing Particular Conditions of Contract (PCC) shall supplement the General Conditions of Contract
(GCC). Whenever there is a contradiction, the provisions herein shall prevail over those in the GCC.

Part A. Contract Data


Reference to
the General
Conditions of Description/Subject Data
Contract
Clauses
GCC 1.1.27 Def ects Notif ication Period (DNP) One (1) year
(upon issuance of Taking Over
Certif icate)

GCC 1.1.30 Employer’s name and address: Manila Water Co., Inc.
MWSS Administration Bldg.,
489 Katipunan Road, Balara,
Quezon City, 1105

GCC 1.1.35 Engineer’s name and address: During project execution up to Taking-
over: To be advised

GCC 1.1.87 Time f or Completion: 55 months


a) 6 months f or Detailed Design
b) 23 months f or Procurement and
Delivery of Process Equipment
c) 12 months f or Installation/
Supervision
d) 2 months Testing and
Commissioning
e) 12 months Process Proving
Reference to
the General
Conditions of Description/Subject Data
Contract
Clauses
GCC 1.3(a)(ii) Agreed methods of electronic (to be f illed-out during contract award)
transmission:
For the Engineer:
To be advised
For the Employer:
To be advised

GCC 1.3(d) Address of Employer f or Attn: _____________


communications:
Project Manager
Manila Water Co., Inc.
MWSS Administration Bldg.,
489 Katipunan Road, Balara,
Quezon City, 1105

GCC 1.3(d) Address of Engineer f or Attn: ____________________


communications: …………
Engineer’s Representative

GCC 1.3(d) Address of Contractor f or (to be f illed-up during contract award)


communications:
_____________
_____________

GCC 1.4 Contract shall be governed by the law of : Republic of the Philippines

GCC 1.4 Ruling languag e: English

GCC 1.4 Language f or communications: English

GCC 1.8 Number of additional paper copies of


Contractor’s Documents 2 copies

GCC 1.9 Period f or notif ication of errors, f aults or


other def ects in the Employer’s
Requirements Fourteen (14) days

GCC 1.15 Total liability of the Contractor to the


Employer under or in connection with the
Contract: Total Contract Amount (sum)

GCC 2.1 Af ter receiving the Letter of Acceptance,


the Contractor shall be given right of
access to all or part of the Site within: 7 days
Reference to
the General
Conditions of Description/Subject Data
Contract
Clauses
GCC 2.4 Employer’s financial arrang e ments : MWCI’s capital f und direct payment to
Contractor

GCC 4.2 Perf ormance Security (as percentages of


the Accepted Contract Amount in
Currencies):
10%
percent:
(local component) Philippine Peso
currency:
10%
percent:
(f oreign component) US Dollars
currency:

GCC 4.4(a) Maximum allowable accumulated value


of work subcontracted (as a percentage
of the Accepted Contract Amount): 40%

GCC 4.4(b) Parts of the Works f or which None


subcontracting is not permitted:

GCC 4.7.2 Period f or notif ication of errors in the


items of ref erence Fourteen (14) days

GCC 4.19 Period of payment f or temporary utilities Sixty (60) days

GCC 4.20 Number of additional paper copies of


progress reports Three (3)

GCC 6.5 Normal working hours on the Site Monday to Saturday; 8:00 am – 5:00 pm
(8 hours)

GCC 8.3 Number of additional paper copies of 3 copies


programmes

GCC 8.8 Delay Damages payable f or each day of 1/10 of 1% of the Accepted Contract
delay Amount

GCC 8.8 Maximum amount of Delay Damages 15% of the Accepted Contract Amount

GCC Percentage rate to be applied to


13.4(b)(ii) Provisional Sums f or overhead charges
and prof it 5%

GCC 14.2 Total amount of Advance Payment (as a


percentage of Accepted Contract
Amount) 10%
Reference to
the General
Conditions of Description/Subject Data
Contract
Clauses
GCC 14.2 Currency or currencies of Advance Local component – Philippine Peso
Payment (PHP)
Foreign component – US Dollars (USD)

GCC 14.2.3 Percentage deductions f or the


repayment of the Advance Payment 10%

GCC 14.3 Period of payment Twice a month f or a period of 14 days

GCC 14.3(b) Number of additional paper copies of Three (3) copies


Statements

GCC 14.3(iii) Percentage of retention 10%

GCC 14.3(iii) Limit of Retention Money (as a


percentage of Accepted Contract
Amount) 10%

GCC Plant and Materials f or payment when Per Section 2 Bidding Forms,
14.5(b)(i) shipped
Price Schedule, Preamble

GCC 14.5(c)(i) Plant and Materials f or payment when Per Section 2 Bidding Forms,
delivered to the Site
……………………………………………… Price Schedule, Preamble
…………..

GCC 14.6.2 Minimum amount of Interim Payment


Certif icate (IPC) 2 Million PHP

GCC 14.7(a) Period f or payment of Advance Payment


to the Contractor Forty two (42) days

GCC Period f or the Employer to make interim


14.7(b)(i) payments to the Contractor under Sub -
Clause 14.6 [Interim Payment] Fif ty six (56) days

GCC Period f or the Employer to make interim


14.7(b)(ii) payments to the Contractor under Sub -
Clause 14.13 [Final Payment] Twenty eight (28) days

GCC 14.7(c) Period f or the Employer to make f inal


payment to the Contractor Twenty eight (28) days

GCC 14.8 Financing charges f or delayed payment


(percentage points above the average
bank short–term lending rate as ref erred
to under sub-paragraph (a)) 0%
Reference to
the General
Conditions of Description/Subject Data
Contract
Clauses
GCC Number of additional paper copies of
14.11.1(b) draf t Final Statement Three (3)

GCC 14.15 Currencies f or payment of Contract For Local component – Philippine Peso
Price: (PHP)
For Foreign component – US Dollars
(USD)

GCC Proportions or amounts of Local and


14.15(a)(i) Foreign Currencies are:
Local
Foreign Per the Bidder’s proposal

GCC 14.15(c) Currencies and proportions f or payment Not Applicable


of Delay Damages

GCC 14.15(g) Rates of exchange As published by the Central Bank of the


Philippines, 28 days bef ore the bid
submission deadline

GCC 17.2(d) Forces of nature, the risks of which are Flooding


allocated to the Contractor
Landslides & Sinkholes

GCC 19.1 Permitted deductible limits: Ref er to the attached CARI Prof orma
insurance required f or the Works
insurance required f or Goods
insurance required f or liability f or
breach of prof essional duty
insurance required against liability
f or f itness f or purpose (if any is
required)
insurance required f or injury to
persons and damage to property
Insurance required f or injury to
employees
Other insurances required by Laws and
by local practice:
______________________
______________________
______________________
Reference to
the General
Conditions of Description/Subject Data
Contract
Clauses
GCC Additional amount to be insured (as a
19.2(1)(b) percentage of the replacement value, if
less or more than 15%) 20%

GCC List of Exceptional Risks which shall not Ref er to the attached CARI Prof orma
19.2(1)(iv) be excluded f rom the insurance cover f or
the Works.

GCC 19.2.2 Extent of insurance required f or Goods All equipment that will be part of the
permanent works

Amount of insurance required f or Goods 100% of the value of the equipment

GCC 19.2.3(a) Amount of insurance required f or liability


f or breach of prof essional duty 20% of the Accepted Contract Amount

GCC 19.2.3 Period of insurance required f or liability From Commencement Date and
f or breach of prof essional duty extending to additional 6 years coverage
af ter the issuance of Perf ormance
Certif icate

GCC 19.2.4 Amount of insurance required f or injury


to persons and damage to property Ref er to the attached CARI Prof orma

GCC 19.2.6 Other insurances required by Laws and Contractors’ Vehicles Comprehensive
by local practice (give details) Insurance

GCC 21.1 Time f or appointment of DAAB As may be mutually agreed between the
Employer and the Contractor, which in no
case shall exceed eighty- f our (84) days
otherwise the provisions of Sub - clause
21.2 shall apply.

GCC 21.1 The DAAB shall comprise Sole member

GCC 21.1 List of proposed members of DAAB


- Proposed by Employer 1. ___________
……………………………
2. ___________
3. ___________

1. ___________
- Proposed by Contractor
2. ___________
………………………….
3. ___________
Reference to
the General
Conditions of Description/Subject Data
Contract
Clauses

GCC 21.2 Appointing entity (of f icial) f or DAAB Construction Industry Authority of the
members Philippines

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