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The
developer of the Tagbilaran Business Center, to rise
in the former Agora Public Market has breached its contract
with the city government.
City
Administrator Architect Walter Toston said in an interview
with the Chronicle yesterday that a stoppage order was
already due after J.L. Apostol Enterprises, the contractor
of the unfinished Agora rehabilitation has repeatedly
ignored the city's building requirements.
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The
city government, according to Toston, has to comply with strict
Commission on Audit (COA) requisites which in turn has to
be complied by J.L. Apostol.
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As
early as March 2007, Toston has already asked the contractor
to "fast track the construction works and the submission
of pre-construction documents."
Despite
several verbal requests for compliance, the contractor
did not abide with the conditions stipulated in the
rehabilitate-operate-transfer (ROT) contract between
J.L. Apostol and the city government.
Toston
cited critical deficiencies on the part of the contractor
in pursuing the rehabilitation works.
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The
city's urban planner noted that J.L Apostol do not even have
an on-site project engineer. The construction workers are
reportedly all taking their orders from Juan Apostol, the
owner of J.L. Apostol Enterprises.
The
project engineer is responsible in coordinating with the project
management office (PMO), headed by Toston.
Moreover,
the contractor did not consult the city government in employing
another private firm to undertake the civil works of the Agora
rehabilitation.
Acquiring
the services of private firms can be done by the contractor,
however, the sub-contracted firm must likewise undergo a pre-qualification
process to be approved by the PMO, Toston explained.
All
construction activities at the former Agora seized when Toston
issued the stoppage order last October 11.
J.L.
Apostol likewise did not submit a verified survey data duly
checked and authorized by the city government certifying the
veracity of the approved detailed engineering plans, structural
design and analysis, architectural details, approved construction
drawings, approved technical specifications and mutually agree
cost estimates, contracting firm's project organizational
structure, bar chart, manpower and equipment schedules, monthly
cash flow and an environmental compliance certificate (ECC).
J.L
Apostol went ahead with its construction works "without
observing protocols," the stoppage order stated.
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