TNAG-0426-FCO40-472-Construction-of-an-underground-railway-system-in-Hong-Kong-1973 — Page 85

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Government's Requirement

2.

Japanese

Present Indications (as at 5th December 1973)

Anglo-Italian

II.

Contractual Arrangements

No

(a)

The consortium's members must have

joint and several liability for one another's performance as well as for overall performance under the contract.

Yes

H.K. Metro Construction

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

(b) The consortium must be prepared to post a Yes

bond of 10% of the final contract price

to protect the client against the consortium's inability to complete the contract.

(c) The consortium must be prepared to agree Yes

to liquidated damages in respect of

(a)

(e)

timing and of the specific performance of E & M plant (e.g. performance to specified efficiency criteria)

The consortium must give a guarantee of the compatibility of all the component parts of the system (ie. that they will work together as a satisfactory whole in fulfilment of the performance speci- fication), and may be required to post a bond in fulfilment of this guarantee.

The consortium must undertake to repair, replace or modify at their cost, for a period of 12 months from the date on which the client takes over the relevant part of the system, any defects in the system arising from defects in workman- ship, materials used, manaufacture, etc.

(f) The contract price, once agreed, must be

subject to a ceiling.

Yes

Yes

Yes

0003160 G.F. 316

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Yes

Yes but see under III

Yes but see under III