Agreement No. 056: Panama Canal Authority & Grupo Unidos por el Canal, Slides of Design

Download Agreement No. 056: Panama Canal Authority & Grupo Unidos por el Canal and more Slides Design in PDF only on Docsity! PANAMA CANAL AUTHORITY VAR IATION PAGE 1 OF 4 1. REQUEST FOR PROPOSAL No.: 2. CONTRACT No.: 3. DATE: December 4, 2012 RFP-76161 CMC·22 1427 4. VARIATION No.: 056 5. ISSUED BY. PANAMA CANAL AUTHORITY Employer's Representative Locks Project Management Division Building 740, Corozal Panama, Republic of Panama 6. NAME AND ADDRESS OF CONTRACTOR (INCLUDE PHYSICAL & POSTAL ADDRESS) Grupo Unidos por el Canal, SA Building 22B, Brujas Road Cocoli , Republic of Panama 9. VARIATION: 7. CONTRACTOR'S TELEPHONE NUMBER: 507-316·9900 8. CONTRACTOR'S FACSIMILE NUMBER: [8J The conlract referred to in item No.2 is hereby varied as set forth in item 10, entitled ~OESCR IPTION OF VARIATIOW. 18] YES. D NO. The contractor shall send a copy, duly signed, of Ihis Varia ti on to the Employer's Representative/Con tracting Officer. 9 A. THIS VARIATION IS EXECUTED ON THE BASIS OF: (Specify /he legal authority). THE VARIATION DESCRIBED IN ITEM 10 IS HEREBY INCORPORATED AND MADE A PART OF THE CONTRACT. 98. THE CONTRACT REFERRED TO IN ITEM NO.2, IS VARIED TO INCORPORATE ADMINISTRATIVE CHANGES (such as the paying office, account numbers, etc.). 9 C. THIS BILATERAL AGREEMENT IS SIGNED AND INCORPORATED INTO THE CONTRACT REFERRED TO IN ITEM X NO.2 OF THIS FORM, ON THE BASIS OF: (Specify file legal authority) Volume III , Conci itions of Contract I Sub- Clause 1.16 {Entire Agreement] 9 D. OTHER. (Specify manner and the legal authority). 9 E. ACCOUNT NUMBER (If required) : 10. DESCRIPTION OF THE VARIATION (List In accordance I'IIf/I the order of file Contract. If addlflonal space IS reqUired, use blank sheets). See Variation Agreement enclosed Except for the variation(s) herein specified, a ll other terms and conditions of the Contract remain unchanged. 11. NAME AND TITLE OF THE PERSON AUTHORIZED 12. NAME AND TITLE OF THE EMPLOYER'S TO SIGN (Type or print) REPRESENTATIVEfCONTRACTING OFFICER(Type or print) rdia, Employer's Representative 14. DATE: 16. DATE: -4 12/9.01 --+---------~~- Officer's signature) Variation No. 056 December 4, 2012 2 of 4 Design and Construction of the Third Set of Locks This Variation Agreement Number 056, is dated as of the 4th day of December 201 2 and made Between: Autoridad del Canal de Panama, Building 740, Corozal Oeste, Panama, Republic of Panama (hereinafter ca lled the "Employer") on the one part, and Whereas: Grupo Unidos pOl' el Canal, SA, Building 22B, Brujas Road, Cocoli, Panama, Republic of Panama, a corporation organized under the laws of the Republic of Panama, registered under microjacket number 682266, document number 1683284 of the Mercantile Section of the Public Registry Office of the Republic of Panama (hereinafter ca lled the "Contractor" and together with Employer, the "Parties") on the other part. (a) The Employer and the Contractor are party to Contract CMC-221427 for the Design and Construction of the Third Set of Locks, dated August 11 , 2009 (as the same has or may be varied, amended, modified or supplemented, the "Contract") . (b) The Parties entered into Variation Agreement No. 048 relating to the Plant and Material Security, in which the Parties agreed that the Plant and Material Security would be delivered by the Contractor by no later than September 30, 201 2. (c) The Contractor did not comply with this requirement of the Contract. (d) The Contractor requested through RFV 0148, dated 111h October 201 2 that the Employer agree, inter alia, to a 45 day extension to such delivery requirement, and permit the Contractor to instead deliver the Plant and Material Security by no later than November 15,201 2. (e) For the reasons stated in Variation Agreel11ent No. 048 and in RFV 0148, and based upon the representations and statel11ents made by the Contractor concerning its fin ancial position and ability to obtain funding, in order to assist the cash flow of the Contractor and for no other reason, the Employer agreed, through Variation Agreement No. 052, to 1110dify the Contract to permit the Contractor to deliver the Plant and Materi al Security by no later than November 15, 2012. (I) The Contractor also did not cOl11ply with thi s modified requirel11ent of the Contract. (g) The Contractor has now requested through RFV 0157, dated November 191h, 201 2 that the Employer agree, inler alia, to a further 30 day extension to such delivery requirement, and permit the Contractor to instead deliver the Plant and Material Security by no later than December 15, 201 2. (h) The Contractor also has inforl11ed the Employer, as stated in numerous foregoing Variation Orders, Requests for Vari ation correspondence and l11eetings, of its ongoing financial and cash flow difficulties, wh ich th Contractor affirms rel11 ain in existence as of the date of this Variation Order No. 056.