GENERAL CONDITIONS
HERE'S THE ANOTHER SAMPLE OF GENERAL CONDITIONS BETWEEN ARCHITECT AND THE OWNER WITH DIFFERENT TERMS AND DEFINITION TO INFORM THE CLIENT.
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ARCHITECT
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GENERAL CONDITIONS
SECTION I : DEFINITIONS AND DOCUMENTS
ARTICLE
1 : DEFINITIONS
1.01 CONTRACT
DOCUMENTS. The Contract Documents include all additions, deletions and
modification incorporated therein before the execution of the Contract:
¨ Agreement
¨ General
Conditions
¨ Special
Provisions
¨ Specifications
¨ Drawings
1.02
OWNER: The person or entity, including his/its
duly appointed successors or authorized representatives, who orders the
implementation of a project
1.03
ARCHITECT: refers to the Architect commissioned
by the Owner
1.04
ENGINEER: The person so
named in the Contract Documents or his representative duly authorized in
writing to act for the Engineer.
1.05
PROJECT REPRESENTATIVE: The Full-time
Construction Inspector hired and duly authorized in writing by the Owner to
assist the Architect and the Engineer in the supervision of the work.
1.06
CONTRACTOR: The person,
firm or corporation whose proposal has been accepted and to whom the Contract
has been awarded.
1.07
SUB-CONTRACTOR: Anyone having a direct Contract
with the Contractor and who acts for or in behalf of the Contractor in
executing any part of the Contract. It does not include one who merely
furnishes materials without labor.
1.08
SURETY is the person, firm or corporation who
provides the guarantee for the Contractor’s Bonds.
1.09
PROPOSAL: The offer of a Bidder to perform the
work as described by the Contract Documents. This Bid is made out and submitted
on the prescribed Proposal Form, properly signed and guaranteed.
1.10 PROPOSAL
BOND: The cashier’s check or surety bond accompanying the Proposal
submitted by the Bidder as a guarantee
that the Bidder will enter into a Contract with the Owner for the construction
of the work, if and when the Contract is awarded to him
1.11 PERFORMANCE
BOND is the approved form of security furnished by the Contractor and
his Surety as a guarantee of good faith on the part of the Contractor to
execute the work in accordance with the terms and conditions of the Contract.
1.12 PAYMENT
BOND is the approved form of security furnished by the Contractor and
his Surety as a guarantee of good faith on the part of the Contractor to pay
all obligations arising from the Contract.
1.13 GUARANTEED
BOND is the approved form of security furnished by the Contractor and
is Surety as a guarantee to the quality of the materials and equipment
installed and the workmanship performed by the Contractor.
1.14 AGREEMENT
is the contract between the Owner and the Contractor undertaking the project as
described in the Contract Documents, including all supplemental agreements
thereto and all general and special provisions pertaining to the work or
materials therefor.
1.15 ADVERTISEMENT
or INVITATION TO BID: The notices published or the invitations issued
by the Owner to perspective bidders, which offer information as to the nature
of the proposed project, the conditions for the issuance of contract documents,
the date of bidding, and the estimated cost or information that would give the
Contractor a general idea of the magnitude and extent of the project.
1.16 BID
BULLETIN is any additional information on Contract Documents that is
issued to bidders before the date of bidding.
1.17 INSTRUCTIONS
TO BIDDERS: The list of instructions stipulating the manner on
how bids are to be prepared and conditions for the award of contract.
1.18 DRAWINGS
are graphical presentations of the work involved in the project. These include all supplementary details and
ship drawings.
1.19 GENERAL
CONDITIONS are printed documents stipulating the procedures and the
administrative aspects of the contract.
1.20 SPECIAL
PROVISIONS are instructions, which may be issued prior to the bidding
to supplement and/or modify Drawings, Specifications, and/or General Conditions
of the Contract.
1.21 SPECIFICATIONS
are written or printed description of work to be done, describing qualities
of material and mode of construction.
1.22 SUPPLEMENTARY
SPECIFICATIONS are additional information, which may be issued as an
addition or amendment to the provisions of the Specifications.
1.23 SCHEDULE
OF MATERIALS AND FINISHES is an outline specification enumerating the
type or trade names of materials to be used.
1.24 BREAKDOWN
OF WORK AND CORRESPONDING VALUE is an itemized listing of the different
scope of the work, indicating in each part of the work the corresponding value
in materials and labor, including an allowance for profit and overhead.
1.25
WRITTEN NOTICE: Written notice means any
information, advice or notification pertinent to the project, which may be
delivered in person or sent by registered mail to the individual, firm or
corporation
1.26 ACT
OF GOD OR FORCE MAJEURE includes earthquakes, floods, typhoons,
cyclones & other cataclysmic phenomena of nature and all misfortunes and
accidents, which human prudence could not foresee or prevent. Rain, wind, flood or other natural phenomenon
of inconsequential degree for the locality shall not be construed as an “Act of
God” or “Force Majeure” and no reparation shall be made to the Contractor for
the damages to the work resulting thereof.
1.26
TIME LIMIT. Time Limit is the duration of time for the
completion of the project as stipulated in the Contract.
1.28 LOCAL
LAWS applies to all laws, ordinances and other governmental
regulations applicable to the project and its undertaking.
1.29 WORK:
The term “work” of the Client or Sub-Contractor includes labor or materials or
both, as well as equipment, transportation, or other facilities, necessary to
commence and complete the construction called for in the Contract.
1.30 FURNISH:
The term “furnish” shall be understood to mean purchase and/or fabricate and
deliver to the job site or other location
so designated.
1.31 INSTALL:
The term “install” shall mean to build in, mount in positions, connect or apply
any object specified ready for the intended use.
1.32 PROVIDE:
The term “provide” shall be understood to mean furnish and install
1.33 REQUIRED
OR NECESSARY: The terms “required or necessary” shall mean as required
or necessary for the complete execution of that portion of the work.
1.34 APPROVED,
DIRECTED AND ACCEPTABLE: The words “approved”, “directed” and
“acceptable” shall mean approved, directed by or acceptable to the Architect,
unless otherwise stipulated in the Contract.
1.35 SINGULAR
OR PLURAL: In all cases where a device, item or part of equipment is
referred to in the singular number, it is intended that such reference shall
apply to as many such devices, items or parts as are required to complete the
work.
ARTICLE 2 : EXECUTION, CORRELATION AND INTENT OF
DOCUMENTS
2.01 SIGNATURE
ON DOCUMENTS: The Contract Documents shall be signed in five (5)
copies by the Owner and the Contractor and
duly signed by witnesses.
2.02 INTENT
OF CONTRACT DOCUMENTS: The Contract Documents are complementary; that
is, what is called for by any one shall be as binding as if called for by
all. The intent of the Drawings and the
Specifications is to prescribe the complete work to be undertaken to comply
with the Contract. The intention is to
include all labor, materials, equipment and transportation necessary for the
proper execution of the work.
2.03 CONFORMITY
TO THE CONTRACT DOCUMENTS: All work shall conform to the Contract
Documents.
2.04 CONTRACTOR
DOCUMENTS AT SITE OF WORK. The Contractor shall keep, at the site of
work, one good copy of all Drawings, Specifications, Breakdown of Work, and
Schedule of Construction Work, including all instructions and graphs available
to the Architect and his representatives.
2.05 OWNERSHIP
OF CONTRACT DOCUMENTS AND MODELS. The Drawings, Specifications
and Models, including all additional instructions, and copies thereof,
furnished for this work by the Architect are the properties of the
Architect. They are not to be used on
any other work and, with the exception of the signed contract set, are to be
returned to the Architect at the completion of the work, before Final Payment
to the Contractor is made.
ARTICLE 3 : DRAWINGS AND SPECIFICATIONS
3.01 COPIES OF DRAWINGS AND SPECIFICATIONS: The
Owner shall furnish the Contractor, free of charge, three sets of Drawings and
Specifications. Extra copies of Drawings
and Specifications as required by the Contractor will be furnished to him at
the cost of reproduction.
3.02 COORDINATION OF DRAWINGS AND SPECIFICATIONS:
All Drawings and Models are intended to cooperate with the Specifications,
to form a part thereof, and also to form a part of the Contract Documents. Where figures are given, they are to be followed
in preference to measurements by scale.
Anything shown on the Drawings, but not mentioned in the Specifications,
or vice versa, or anything not expressly set forth in either, but which is
reasonably implied, shall be furnished as though specifically shown and
mentioned in both, without any extra charge.
3.03 CLARIFICATION OF MEANING OF DRAWINGS AND
SPECIFICATIONS: The Architect shall give all directions and
explanations necessary and proper to make more definite and certain any
requirement of the Drawings (including notes thereon) or any provision of the
Specifications. The Contractor shall carefully examine, compare and verify the
data furnished by the Drawings and Specifications. Any doubt as to the meaning of the Drawings
(including notes thereon) or of the Specifications or any obscurity as to the
wording of the Specifications will be referred to the Architect for
explanation.
3.03.a Should a conflict occur between Drawings,
or a conflict between specifications and Drawings, the Contractor shall be
deemed to have estimated a more expensive way of doing work unless he shall
have asked for and obtained a decision, in writing from the Architect before
submission of proposals as to which method or materials will be required. If, after award, the less expensive work is
done, the Contractor shall credit the Owner an amount equivalent to the
difference between the more expensive and the less expensive work.
3.03.b If, in the Contractor’s opinion, any work
indicated on the Drawings, or specified
in such a manner that it will be impossible to produce a first-class work, he
shall refer this matter to the Architect for interpretation before proceeding
with work. If the Contractor fails to
make such reference, no excuse will thereafter be entertained for failure to
carry out work in the most satisfactory manner.
3.04 DISCREPANCIES AND VARIANCE : In case of
discrepancy in the figures or drawings, the matter shall be submitted
immediately to the Architect, before any adjustment shall be made by the
Contractor, save only at the latter’s own risk and expense. The decision of the Architect on the
adjustment of discrepancies so as to conform to the real intent of the drawings
and specifications shall govern and shall be followed by the Contractor.
3.04.a If
there is a variance between the Drawings and the Specifications, the provisions
of the specifications shall control. In
case of conflict between the General Conditions of the Contract or any
modification thereof and the detailed specifications requirements shall
control.
3.04.b Any discrepancy found between the Drawings or Specifications
and site conditions or any error or omission in the Drawings or Specifications
shall be immediately reported to the Architect or Engineer, who shall promptly
correct such discrepancy, error, or omission after his investigation. Any work or correction involving such
discrepancy shall be done at the Contractor’s risk.
3.05 ADEQUACY
OF THE DESIGN : The Owner shall bear the
responsibility for the adequacy of the design and for the sufficiency of the
Drawings and Specifications. The Owner, through the Architect or Engineer, or the Architect or Engineer, acting as
representative of the Owner, shall supply the Drawings and Specifications, which shall set forth the complete
requirements or the work to be performed under the Contract. The Drawings and Specifications furnished
shall be in accordance with the Contract Documents and shall be a true and
accurate development thereof.
ARTICLE 4 : DETAIL DRAWINGS AND INSTRUCTIONS
4.01
SUPPLEMENTARY DRAWINGS AND INSTRUCTIONS: Additional detail
drawings and instructions essential to the proper interpretation of the
Drawings and the proper execution of the work will further supplement these
Drawings and Specifications. The
Architect shall furnish with reasonable promptness such additional detail
drawings and instructions. All such
detail drawings and instructions shall be consistent with the Contract Documents,
true developments thereof, and reasonably inferable therefrom and are to be
considered of equal force as those which originally accompanied the
specifications. The work shall be
executed in conformity with such detail drawings and instructions, and the
Contractor shall do no work without proper drawings and instructions.
4.02
SCHEDULE FOR SUBMISSION OF DETAIL AND SHOP DRAWINGS: The Contractor
and the Architect or Engineer, if either one so requests, shall jointly prepare
a work schedule, which shall be subject
to change from time to time in accordance with the progress of the work, fixing
the dates at which the various detail drawings will be required. The Architect
shall furnish them with the required detail drawings in accordance with the
schedule. Under like conditions, a
schedule shall be prepared, fixing the dates for submission of the shop
drawings, for the beginning of manufacture, for installation of materials and
for the completion of the various parts of the work.
ARTICLE 5: SHOP DRAWINGS
5.01 CONDITIONS
IN THE PREPARATION OF SHOP DRAWINGS: The Contractor shall
prepare, at his own expense, two copies of all shop or setting drawings,
templates, patterns and models, as well as the schedule required for the work
of the various trades. These shall be submitted with such promptness to avoid
delay in his own work or in that of any other contractor doing work on the same
building. The Architect shall review them with reasonable promptness, making
desired corrections. The Contractor
shall apply the corrections made by the Architect, file with him two corrected
copies and furnish such other copies as may be needed.
5.02 CHECKING
DRAWINGS OF SUB-CONTRACTORS: Before submitting shop drawings for
approval, the Contractor shall check drawings of all sub-contractors for
accuracy. He shall see that all work
contiguous with and having bearing on work indicated on shop drawings is
accurately and distinctly illustrated and that work is in conformity with
Contract requirements.
5.03 IDENTIFICATION:
Shop drawings shall be numbered consecutively and represent:
5.03.a All
working and erection dimensions.
5.03.b Arrangements and sectional views.
5.03.c Necessary details, including complete information for making
connections with other work.
5.03.d Kinds of materials and finishes.
Shop drawings shall be dated
and contain (a) name of project, (b) descriptive names of equipment, materials,
and classified item numbers, (c) location at which materials or equipment are
to be installed in Work.
5.04 LETTER
OF TRANSMITTAL: Upon submission, a letter of transmittal in
duplicate shall accompany the shop drawings, which contain the name of
project, Contractor’s name, number of
drawings, titles, and other pertinent data.
5.05 CORRECTIONS,
CHANGES AND VARIATIONS: The Contractor shall submit three sets
of prints of shop drawings to the Architect
for approval. Satisfactory shop
drawings will be so identified by the Architect, dated, and one copy thereof
returned to the Contractor. Should shop
drawings be disapproved by the Architect, one set of such shop drawings will be
returned to the Contractor with necessary corrections and changes to be made as
indicated.
5.05.a The Contractor shall make the required corrections and changes
and re-submit shop drawings in duplicate until the Architect’s approval is
obtained.
5.05.b Upon
receipt of approval, the Contractor shall insert date of approval on tracings
and promptly furnish the Architect with three additional prints of approved
drawings.
5.05.c No
work called for by shop drawings shall be executed until the Architect’s
approval is given.
5.05.d If
shop drawings show variations from Contract requirements because of standard
shop practices or other reasons, the Contractor shall make specific mention of
such variations in his letter of submittal.
5.06 RESPONSIBILITY FOR ACCURACY:
Approval of shop drawings will be general.
It shall not relieve the Contractor of responsibility for accuracy of
such shop drawings, nor for proper fitting and construction of work, nor for
furnishing of materials, nor for work required by the Contract, but not
indicated on shop drawings. The
Architect’s approval of such drawings or schedule shall not relieve the
Contractor from responsibility for
deviations from drawings or specifications, unless he has called the
Architect’s attention, in writing, to
such deviations at the time of submission and secure his written approval, nor
shall it relieve him from responsibility for errors of any sort in shop
drawings or schedules.
SECTION II : LAWS, REGULATIONS, SITE
CONDITIONS, PERMITS AND TAXES
ARTICLE 6: LAWS,
REGULATIONS AND SITE CONDITIONS
6.01 LAWS AND REGULATIONS: In general, the
Contractor shall comply with all the laws, city and municipal ordinances, and
all building codes, standards, rules and regulations, in so far as they are
binding or affecting the parties hereto,
the work, or those engaged thereon. He
shall also comply with regulations of firms furnishing utilities such as water,
gas, telephone and electricity for the project.
If
the Contractor performs any work contrary to such laws, ordinances, building codes,
standards, rules and regulations without such notice to the Architect, he shall
bear all the costs arising therefrom.
6.02 SITE CONDITIONS: Before the bidding and the
awarding of the contract, the Contractor is expected to have visited the
locality of the work, and made his own estimates as to the facilities that may
be required and the difficulties that may arise upon execution of the proposed
contract. He must also consider local conditions and all other contingencies. No extra compensation and extension of time
will be given due to negligence or inadvertence of the Contractor.
ARTICLE 7: PERMITS,
TAXES AND SURVEYS:
7.01 PERMITS AND LICENSES: All construction
permits and licenses necessary for the execution of the work or of any
temporary work and easements in relation thereto should be secured, and the
corresponding required fees paid for by the Contractor. The cost of such permits and licenses may,
however, be reimbursed by the Owner to the Contractor, if specifically
stipulated in the prior instructions of the Owner or the Architect.
The
Contractor shall be solely responsible for his actions should he start the
construction before acquiring the necessary permits and licenses.
The
Contractor shall also secure the final occupancy permit, but he shall not be
responsible for the non-issuance or the delay in the issuance thereof through
no fault of the Contractor.
7.02 TAXES: Wherever the law of the
locality of the building site requires a sales, consumer, use, or other similar
tax related or pertinent only to the construction of the project, the
Contractor shall pay such tax.
7.03 CONSTRUCTION STAKES AND REFERENCE MARK: The
Owner shall be responsible for the establishment of lot lines, boundary lines,
easements, and benchmarks by a certified surveyor. The Owner may relegate this responsibility to
the Contractor, provided the Owner shall pay for the cost of said
services. All other grades, lines,
levels, and benchmarks necessary for the prosecution of the work shall be
established and maintained by the Contractor.
7.03.a The
Contractor shall verify all grades, lines, levels and dimensions as indicated
on the Drawings. He shall report any error
or inconsistency to the Architect before commencing work.
7.03.b The Contractor shall provide and maintain
well-built batter boards at all corners.
He shall establish benchmarks in not less that two widely separated
places. As work progresses, he shall
establish benchmarks at each floor giving exact levels of various floors.
7.03.c As work progresses, the Contractor shall
lay out the exact location of all partitions as a guide to all trades.
7.04 SERVICES OF LICENSED SURVEYOR: The Contractor
shall pay for services of a licensed surveyor, when so required, to confirm and
certify the location of column centers, piers, walls, pits, trenches, pipe
work, culvert work, utility lines and work of similar nature required by the
Contract. A copy of such certification
shall be furnished to the Architect. It
is the intention that the Surveyor’s Certification shall represent an
independent and disinterested verification of such layout.
7.04.a The
Contractor shall furnish certifications from licensed surveyor that all
portions of work are located in accordance with Contract requirements and at
elevations required thereby.
7.04.b The surveyor shall promptly verify and
certify the lines and levels of any portion of subdivision of work at any time
it may be deemed necessary by the Architect.
Any deviation from the Drawings shall be certified to the Architect
within 24 hours from the discovery of such deviation.
7.05 FINAL CERTIFICATION: Final certification shall
be submitted upon completion of work, or upon completion of any section of
work, if required by the Architect, before final payment is made. Any exception or deviations from the Drawings
shall be noted on final certificate. Maps, plots, notes, and the like may be
included as deemed necessary, in the opinion of the Architect, to constitute a
full and complete report.
SECTION III : EQUIPMENT
AND MATERIALS
ARTICLE 8 : GENERAL
Notwithstanding anything
herein specified or provided that may be construed to the contrary, all
materials and equipment must conform to all laws, ordinances, regulations,
building codes or standards, which may be in force and applicable during the
period of construction. The Contractor shall obtain the necessary permits and
pay the required fees to the proper authorities. The Contractor shall bear any and all damages
caused by any delay in the work arising from his failure to comply with the
provisions of this clause. However,
should any revision or amendment to such laws, ordinances, regulations and
building codes be made during the construction period that affects the cost or
time of completion of the contract, a corresponding adjustment shall be made.
ARTICLE 9: EQUIPMENT
9.01 QUALITY OF EQUIPMENT: In
order to establish standards of quality, the Architect or the Engineer may
refer to certain equipment by name and catalog number in the detailed
Specifications. This procedure, however,
is not to be construed as eliminating from competition other products of equal
or better quality and fully suitable in
design by other manufacturers.
9.01.a The Contractor shall furnish the Owner and
the Architect or Engineer with a complete list of proposed substitutions prior
to the signing of the Contract, together with such engineering and catalog
data.
9.01.b The Contractor shall abide by the
Architect’s and the Engineer’s judgments when proposed substitute items of
equipment are judged to be acceptable and shall furnish the specified item of
equipment in such case. All proposals
for substitutions shall be submitted in writing by the General Contractor and
not by individual trades or material suppliers.
The Architect and the Engineer will approve or disapprove proposed
substitutions in writing within a reasonable time. No substitute equipment shall be used unless
approved in writing.
9.02 EQUIPMENT
APPROVAL DATA: The Contractor shall furnish three copies of complete
catalog data for every manufactured item of equipment and all components to be
used in the work, including specific performance data, material description,
rating, capacity, working pressure, material gauge or thickness, brand name,
catalog number, and general type.
9.02.a This equipment data shall be compiled by
the Contractor and approved by the Architect and the Engineer before any of the
equipment is ordered.
9.02.b Each data sheet or catalog in the
submission shall be indexed according to specification section and paragraph
for easy reference.
9.02.c After written approval, this submission
shall become a part of the Contract, and may not be deviated from except upon
written approval of the Architect and Engineer.
9.02.d Catalog data for approved equipment does
not in any case supercede the Contract Documents. The approval of the Architect and the
Engineer shall not relieve the Contractor from his responsibility for
deviations from Drawings or Specifications, unless he has called their
attention, in writing, to such deviations nor shall he be relieved from
responsibility for any error in the items submitted. The Contractor shall check the work described
by the Catalog data with the Contract Documents for deviations and errors.
9.02.e It shall be the responsibility of the
Contractor to ensure that items to be furnished shall fit the space
available. He shall make necessary field
measurements to ascertain space requirements, including those for connections,
and shall order such sizes and shapes or equipment that the final installation
shall suit the true intent and meaning of the Drawings and Specifications.
9.02.f Where equipment requiring different
arrangement of connections from those shown is approved, it shall be the
responsibility of the Contractor to install equipment that will operate
properly and in harmony with the intent of the Drawings and Specifications. It
shall also be his responsibility to make all changes in the work required by
the different arrangement of connections.
ARTICLE 10 : MATERIALS,
FIXTURES, APPLIANCES, AND FITTINGS
FURNISHED BY THE
CONTRACTOR
10.01 MANUFACTURERS AND DEALERS: Names of proposed
manufacturers, materials men, and dealers who are to furnish materials,
fixtures, appliances or other fittings shall be submitted to the Architect for
approval as early as possible, to provide sufficient time for proper
investigation and checking.
10.01.a No manufacturer will be approved for any
materials to be furnished under this Contract unless he shall be of good
reputation, shall have a plant of ample capacity and adequate quality control
and shall have successfully produced similar products.
10.01.b All transactions with manufacturers or
sub-contractors shall be through the Contractor.
10.01.c In asking for prices on materials, the
Contractor shall provide the manufacturer or dealer with complete information
from the Specifications and Drawings, and shall inform the manufacturer or
dealer of all pertinent contract requirements.
10.01.d The manufacturer or dealer shall properly
code or identify all the materials, equipment, fixtures, appliances or other
fittings supplied by him in accordance with the existing standards to indicate
class grade or quality.
10.02 SAMPLES OF MATERIALS: The
Contractor shall submit samples specified or required materials
for approval, with such promptness as to cause no delay in work. Work shall be in accordance with approved
samples.
10.02.a Unless otherwise specified, three samples
of materials of adequate size, showing quality, type, color, range, finish and
texture shall be submitted.
10.02.b Each sample shall be labeled, bearing
material name and quality, the manufacturer’s name, date, project name, and
other pertinent data.
10.02.c If the specifications require the
manufacturer’s printed installation directions, such directions shall accompany
the samples submitted for approval.
10.02.d A letter of transmittal in triplicate from
the Contractor requesting approval shall accompany all sets of samples.
10.02.e Transportation charges to the Architect’s
office must be prepaid on all samples forwarded.
10.02.f Materials shall not be ordered until a
written approval is received from the Architect. All materials that shall be furnished must be
substantially equal in every respect to the approved samples.
10.03 TRADE NAME MATERIAL S AND SUBSTITUTES:
10.03.a Whenever an item or class of material is
specified exclusively by trade name, by manufacturer’s name or by catalogue
reference, only such item shall be used except as provided for in paragraph (b)
hereof.
10.03.b No substitution shall be made for any
material, article, or process required under Contract unless approved, in
writing, by the Architect.
10.03.c Materials and articles installed or used
without such approval shall be at the risk of subsequent rejections.
10.03.d Samples of materials for use in reinforced
concrete work such as steel bars, cement, aggregate and their certificates of
origin are to be approved by the Architect.
10.04 TESTING SAMPLES OF MATERIALS:
The Contractor shall submit to the Architect as many samples as may be needed
for purposes of testing. Testing of all
samples shall comply with the Specifications and government standards and shall
be performed by a competent entity or testing laboratory approved by the
Architect. All costs for shipment,
delivery, handling, and testing of samples are to be paid by the Contractor.
10.05 QUALITY OF MATERIALS:
Unless otherwise specified, all materials shall be new and of the best
quality. The work shall be performed in
the best and most acceptable manner in strict accordance with the requirements
of the Drawings and Specifications.
The decision of the Architect
as to quality and quantity of work and materials shall be final and precedent
to the Contractor’s right to receive any money hereunder.
10.06 STORAGE AND STOCKPILING OF
MATERIALS:
10.06.a The Contractor shall allot suitable space
to sub-contractors for storage of their materials and for erection of their
sheds and tool houses.
10.06.b All cement, lime, and other materials
affected by moisture shall be stored on platforms and protected from
weather. Materials shall be properly
stored, ensuring the preservation of their quality and fitness for the work,
shall be so located as to facilitate
prompt inspection.
10.06.c Should it be necessary, the Contractor
shall move materials, sheds, or storage
platforms at his own expense.
10.07 DEFECTIVE MATERIALS: All
materials not conforming to the requirements of these Specifications shall be
considered as defective. No defective
materials nor those whose defects have been subsequently corrected, shall be
used until approval has been given.
Failure on the part of the Contractor to comply, the architect shall
have authority to remove and replace defective materials and to deduct the cost
of removal and replacement from any money due to the Contractor.
10.07.a The apparent silence of the Specifications,
Drawings, Special Provisions and Supplementary Specifications on any detail or
description concerning any point shall be regarded as meaning that only the
best general practice is to prevail and that only materials and workmanship of
first class quality are to be used.
10.07.b Failure or neglect on the part of the
Architect, or any of his agents, to condemn or reject bad or inferior materials
shall not be construed to imply an acceptance of the materials, if said bad or
inferior materials are discovered at any time prior to the final acceptance of
the work by the Owner and the release of the Contractor.
10.08 IMPORTED MATERIALS, FIXTURES AND
EQUIPMENT: The Contractor shall take cognizance of the time element of
the Contract. He shall make early
arrangements for the purchase and delivery of all specified imported materials,
fixtures, appliances and equipment in order to avoid delay in the completion of
the work.
No extension of time or
substitution of materials shall be allowed due to negligence or inadvertence of
the Contractor.
ARTICLE 11: MATERIALS,
EQUIPMENT, FIXTURES, APPLIANCES AND FITTINGS
FURNISHED BY THE
OWNER
Materials,
equipment, fixtures, appliances and fittings, specifically indicated, may be
furnished by the Owner in accordance with schedule of delivery agreed upon
between the Owner and the Contractor.
The fact that the Owner is to furnish materials is conclusive evidence
of its acceptability for the purpose intended, and the Contractor may continue
to use it until otherwise directed. If
the Contractor discovers any defect in the materials furnished by Owner, he
shall immediately notify the Architect.
The Contractor shall be responsible for any material loss or damage
after receipt of any material, equipment, fixture, appliance or fitting, unless
the same has been installed and accepted for safe keeping by the Owner or his
representative.
ARTICLE 12: ROYALTIES
AND PATENTS
The Contractor shall pay
all royalties and license fees on all patented materials and processes
furnished by him. He shall defend all
suits or claims corresponding thereto for infringement of any patent rights and
shall save the Owner from loss on account thereof.
ARTICLE 13:
MANUFACTURER’S DIRECTIONS
All manufactured
articles, materials, equipment appliances, fixtures and fittings shall be
applied, installed, connected, erected, used, cleaned, and conditioned, in
accordance with manufacturer’s printed directions, unless herein specified to
the contrary. If reference is made to
manufacturer’s directions, the Contractor shall submit specified number of
copies of such directions to the Architect.
SECTION IV: PREMISES AND TEMPORARY STRUCTURES
ARTICLE 14:
USE OF PREMISES
14.01 LIMITATION
OF USE: The contractor shall confine his equipment and apparatus, the
storage of materials, and the operations of his workmen to limits indicated by
the law, ordinances, permits, or directions of the Architect and shall not
unreasonably encumber the premises with his materials.
14.02 SAFEGUARD
FOR STRUCTURE. The Contractor shall not load nor permit any part of the
structure to be loaded with a weight that will endanger its safety. The
Contractor shall enforce the Architect’s instructions regarding signs,
advertisements, fires and smoking.
ARTICLE 15:
TEMPORARY STRUCTURES AND FACILITIES
15.01 TEMPORARY
OFFICE AND CONTRACTOR’S BUILDING: The Contractor shall at all times
provide and maintain an adequate and weather-tight temporary office with water,
light, telephone, and toilet facilities for the use of the Architect, resident
engineers, inspectors, contractor, and sub-contractors. This office shall be provided with wooden
floor raised above the ground, windows, doors with locks, tables, closet,
blackboard, tackboard, benches and racks for drawings. One room of approximately 12 square meters
shall be provided for the Architect’s use.
15.02 TEMPORARY
HOUSING FOR WORKERS: The temporary buildings for housing men, or
the erection of tents or other forms of protection will be permitted only at
such places as the Owner or Architect shall designate. The sanitary condition
of the grounds in or about such structures shall at all times be maintained in
a manner satisfactory to the Owner and the Architect. Nobody shall be allowed to sleep or cook
within the building line of the project under construction.
15.03 TEMPORARY
SANITARY FACILITIES AND FIRST AID STATION: The Contractor shall
provide, construct and maintain for the duration of the contract, ample
sanitary toilet accommodation and other necessary conveniences, including water
connections for the use of personnel and laborers on the work. Such temporary
sanitary facilities must be properly secluded form public observation and shall
be approved by the Architect. The use of
these facilities shall be strictly enforced.
He shall keep such places clean and free from flies, remove all
connections and appliances connected therewith prior to the completion of the
contract and leave the premises perfectly clean.
15.04 TEMPORARY
BARRICADES AND GUARD LIGHTS: The Contractor shall furnish and put up
all temporary barricades and guard lights necessary for the proper execution
and completion of work. The guard lights
at the top of the falsework tower, barricades, railings, etc., shall be provided
and maintained by the Contractor throughout in the prosecution of the project.
15.05 TEMPORARY
WATER, POWER AND TELEPHONE FACILITIES: The Contractor shall make
all necessary arrangements with the local utility companies to provide
temporary facilities for water, power, and telephone until the work has been
completed. All expenses incurred in
connections therewith shall be paid by the Contractor.
15.06 TEMPORARY
SIGNS: No signs or advertisements will be displayed without the
Architect’s approval. The Contractor may
erect one painted sign as approved by the Architect, giving names and addresses
of the Architect, Contractor and various sub-contractors. The Architect shall approve the size, color,
lettering, and sign location.
15.07 TEMPORARY
ROADWAYS: The Contractors shall construct and properly maintain
temporary roadways within and adjacent to site in order to provide proper
access to the building. Such temporary
roadways must be able to adequately sustain loads to be carried on them and
must be so constructed as not to endanger existing or newly installed
underground structures.
15.08 TEMPORARY
STAIRS, LADDERS, RAMPS, RUNWAYS: The Contractor shall furnish and
maintain all equipment such as temporary stairs, ladders, ramps, scaffolds,
runways, derricks, chutes, and the like, as required for proper execution of
work b all trades. All such apparatus,
equipment, and construction must meet all requirements of local laws applicable
thereto.
15.09 TEMPORARY
ELEVATORS AND HOISTS: The Contractor shall install and operate an
adequate number of hoists and elevators.
No hoists shall be constructed on locations that will interfere with or
affect construction of floor arches (or work of other Contractors). They may be located at exterior sides of
structure and extend upward adjacent to line of window openings. They must be located at a sufficient distance
from exterior walls and be so protected as to prevent damage, staining, or
marring the permanent work.
15.10 TEMPORARY
ENCLOSURES: The Contractor shall provide temporary weather tight
enclosure for all exterior openings as soon as walls and roof are built so as
to protect all work from weather. All
exterior doors shall be equipped with self-closing hardware and padlocks. All exterior windows shall be provided with
temporary sash frames securely fastened in place but removable when
required. Such sash frames shall be
covered in approved manner.
15.11 TEMPORARY
OR TRIAL USAGE: Temporary or trial usage by the Owner of any mechanical
device, machinery, apparatus, equipment, or any work or materials supplied
under Contract before final completion and before written acceptance by the
Architect shall not be construed as evidence of the Architect’s acceptance of
same.
The
Owner shall have the privilege of such temporary or trial usage, for such
reasonable length of time as the Architect shall deem to be proper. No claim for damage shall be made by the
Contractor for injury to or breaking of any parts of such work, which may be
caused by weakness or inaccuracy of structural parts or by defective material
or workmanship.
If
the Contractor so elects, he may, at his own expense, place persons
satisfactory to the Architect to make such trial usage.
15.12 REMOVAL
OF TEMPORARY STRUCTURES: The Contractor shall remove all temporary work
form premises, which have been erected by him, and shall clean the premises as
a condition for completing the work and before acceptance of the work by the
Owner.
SECTION V: PROTECTION OF WORK AND PROPERTY
ARTICLE 16: PROTECTION OF WORK AND OWNER’S PROPERTY
16.01 SAFEGUARD MEASURES: The Contractor shall put up
safety measures and continuously maintain adequate protection of all his work
from damage. He shall protect the Owner’s property, as well as all materials
furnished and delivered to him by the Owner.
He shall make good any such damage, injury or loss, except such as may
caused by agents or employees of the Owner, or due to causes considered as Act
of God.
16.01.a The
Contractor shall provide reliable and competent watchmen to guard the site and
premises, from the commencement of operations until the building is fully
completed. All doorways must be provided
with locks, and the Contractor shall lock doors at the close of each day’s
work. In the event that the Architect,
at any time, deems watchmen service inadequate or incompetent, the Contractor
shall increase or change the watchmen personnel to the Architect’s
satisfaction.
16.01.b Smoking on premises shall be prohibited
except in designated places, where signs to this effect shall be posted
conspicuously. Fires shall not be built
on premises except by express consent of the Architect.
16.01.c The Contractor shall provide and maintain
barrels of water and fire buckets on premises for fire protection. Such equipment shall not be used for any
other purpose.
16.01.d The Contractor shall provide and maintain in
good working order an adequate number of fire extinguishers.
16.02 OLD MATERIALS: All old
materials of value found by the Contractor at the site of the work
shall be carefully piled and stored at a place designated by Owner or
the Architect, and the Contractor shall be responsible for the same until final
acceptance of the work.
16.03 TREES AND OTHER PLANTS: Existing trees, plants,
shrubs, etc., which are to remain shall be boxed and otherwise protected from
damage. No trees within site or located
outside building lines shall be cut or removed without specific approval from
the Owner and the Architect.
16.03.a All
trees and other plants that need to be transplanted elsewhere within fifty (50)
meters from the building lines shall be done by the Contractor at his own
expense in accordance with instructions from the Architect or from the
authorities concerned.
16.03.b Undue damage to trees, plants, shrubs,
streets, sidewalks, etc., resulting from and in connection with the
construction work shall be made good and/or replaced by the Contractor at his
own expense to the satisfaction of the Owner and the Architect.
16.04 DRAINAGE: If it is
necessary in the prosecution of the work to interrupt or obstruct the natural
flow of rivers or streams, the drainage of the surface, or the flow of
artificial drains, the Contractor shall
provide for the same during the progress of the work in such a way that no
damage shall result to either public or private interests. He shall solely be
held liable for all damages, which may result from any neglect to provide for
other natural or artificial drainage, which he may have interrupted.
ARTICLE 17: PROTECTION
OF ADJACENT PROPERTY AND EXISTING UTILITIES
17.01 CONTRACTOR’S SOLE RESPONSIBILITY: The
Contractor shall adequately protect adjacent property as provided by law and
the Contract Documents. The construction
building or work, in addition to any neighboring property or building, which
may be jeopardized in any manner, must be thoroughly and substantially braced
against winds, floods, setting, falling, or like similar occurrences, and when
necessary, covered and protected from sun and rain at the Contractor’s
expense. The Contractor shall solely be
liable and pay for all damages occasioned in any manner by his acts or neglect,
or of his agents, employees, or workmen.
17.02 EXISTING UTILITIES: Existing utilities, which
have been damaged due to the negligence or fault of the Contractor, shall be
repaired by the Contractor at his expense.
ARTICLE 18 : PROTECTION
OF LIFE, WORK AND PROPERTY DURING AN EMERGENCY
18.01 AUTHORIZATION TO CONTRACTOR: In an emergency affecting the safety of life,
of the work or of the adjoining property, the Contractor, without special
instructions or authorization from the Architect or Owner, is hereby permitted
to act, at his discretion, to prevent
such threatened loss or injury and he shall so act, without appeal, if so
instructed or authorized. Any
compensation claimed by the Contractor on account of emergency work, shall be
determined by agreement of arbitration.
SECTION VI : LABOR,
WORK AND PAYMENTS
ARTICLE 19:
LABOR
19.01 CHARACTER
OR WORKMEN: The Contractor shall employ only competent and efficient
engineers, superintendents, foremen, mechanics, laborers, or artisans. Whenever, in the opinion of the Architect,
any employee is careless, incompetent or obstructive in the progress of the
work or acts contrary to instructions or conducts himself improperly, the Contractor shall, upon written request of the
Architect, discharge or otherwise remove him from the work and not employ him
again upon it.
Should
the Contractor fail to remove unsatisfactory workmen or fail to furnish
suitable and sufficient personnel for the proper prosecution of the work, the
Architect may withhold payment which are or may become due, or may suspend the
work until such orders are compiled with.
19.02 SUPERINTENDENCE
AND SUPERVISION: The Contractor, if he supervises the work personally,
must be a licensed engineer or architect; otherwise, he must have in his employ
a licensed engineer or architect acceptable to the Architect who will supervise
the work personally and inspect it at least once a week.
The
Contractor shall keep in his project site, during the work’s progress, a
competent Project Engineer or Superintendent and any necessary assistant, who
is satisfactory to the Architect.
The
Project Engineer or Superintendent shall represent the Contractor in his
absence and all directions given to him shall be as binding as if given to the
Contractor. He shall have full authority
to execute the orders or directions of the Architect without delay and to
promptly supply such materials, tools, plants, equipment, and labor as may be
required.
ARTICLE 20:
WORK
20.01 METHODS AND APPLIANCES: The Contractor shall
use such methods and appliances for the performance of all the operations
connected with the work embraced under this Contracts that will produce a
satisfactory quality of work and rate of progress which, in the opinion of the
Architect, will ensure the completion of the work within the contract time.
20.01.a If, at any time before the commencement or
during the progress of the work, such methods or appliances appear to the
Architect to be inefficient or inappropriate for producing the quality of work
required, or insuring the required rate of progress, the Architect may order
the Contractor to increase the rate of their efficiency, or to improve their
system of operation. The Contractor must
comply with such order. Failure, however,
of the Architect to demand such increase of efficiency or improvement of
character of methods and appliances shall not relieve the Contractor from his
obligation to turn out such quality of work and rate of progress as called for
in this Contract.
20.01.b The Contractor shall, if required, furnish
to the Architect for approval full information and satisfactory evidence as to
the name of the manufacturer of machinery, mechanical or other equipment, which
he contemplates using, together with the performance capacities and other
pertinent information.
20.02 LAYING OUT THE WORK: The Contractor shall lay
out the lines and grades of the work as per conditions set forth under Article
7.03 (Construction Stakes and Reference Mark) of the General Conditions.
All
stakes, benchmarks, etc., placed by the Contractor in laying out the work, as
approved by the Architect, shall be carefully guarded and preserved by the
Contractor. In case such stakes or marks
are displaced or rendered useless through the carelessness or neglect of the
Contractor or of his agents, employees, or workmen, they should be replaced by
the Contractor at his own expense.
20.03 INSPECTOR OF WORK: The Owner, the Architect and
their representatives shall at all times have access to the work, whether it is
in preparation or progress, and the Contractor shall provide proper facilities
for such access and for inspection.
20.03.a If the Specifications, the Architect’s
instructions, laws, ordinances or any public authority require any work to be
specifically tested or approved, the Contractor shall give the Architect and
other parties, who are required to make
the inspection, timely notice of its readiness for inspection If any work should be covered up without
approval or consent of the Architect, it must, if required by the Architect, be
uncovered for examination at the Contractor’s expense.
20.03.b The Architect may order the re-examination
of work, and the Contractor, for his part, must uncover the questioned work. If
such work be found not in accordance with the Contract Documents, the
Contractor shall pay the cost.
20.03.c The Contractor shall furnish promptly and
without additional charge all reasonable facilities, labor, and materials
necessary for the safe and convenient inspection and tests that may be required
by the inspectors. All inspection and
tests shall be performed in such manner that will not unnecessarily delay the
work.
20.03.d If there are indications that the work done
are not in accordance with the plans and specifications, the Architect may, at
any time before the final acceptance of the entire work, make an examination of
the work already completed. By removing
or tearing out the same, the Contractor shall, upon request, promptly furnish
all necessary facilities, labor, and materials.
If such work is found to be defective in any material respect due to
fault of the Contractor or his subcontractors, he shall defray all the expenses
of such examination and of satisfactory reconstruction. If, however, such work is found to meet the
requirements of the Contract, the actual cost of labor and materials
necessarily involved in the examination and replacement plus 15 percent, shall
be allowed the Contractor and he shall, in addition, be granted a suitable
extension of time if completion of the work has been delayed on account of the
additional work involved.
20.04 DEFECTIVE WORK: Defective work may be condemned
by the Architect at any time before the final acceptance of the work and, when
such work has been condemned, it shall be taken out immediately by the
Contractor and rebuilt in accordance with the Drawings and Specifications. Failure or neglect on the part of the
Architect or any of his agents to condemn or reject bad or inferior work shall not be construed to imply an acceptance
of the work of the same if such bad or inferior work is discovered at any time
prior to the final acceptance of the work by the Owner and the release of the
Contractor.
20.05 WORK DURING AN EMERGENCY: The Contractor shall
perform any work and shall furnish and install all materials and equipment
necessary during an emergency endangering life or property. In such cases, he shall notify the Architect
and the Engineer of the emergency as soon as practicable, but he shall not wait
for instructions before proceeding to properly protect both life and property.
20.06 INCREASED
OR DECREASED QUANTITIES OF WORK: Adjustments of Drawings to suit field
conditions, which cannot be foreseen at the time of calling for bids, may be necessary during construction. It is the essence of the Contract to
recognize such changes in Drawings as constituting a normal and expected margin
of adjustment, and not involving nor permitting change or modification of
Contract Prices, provided only, that resulting overruns or underruns form the
quantities in the Proposal do not exceed five percent. In case of discrepancy, the matter shall be
submitted immediately to the Architect, before any adjustment shall be made by
the Contractor, otherwise it shall be at his own risk and expense.
20.07 CHANGES IN THE WORK
20.07.a CHANGES ORDERED BY OWNER: The Owner
may at any time, without invalidating the Contract and without notice to the
sureties, order extra work or make changes by altering, adding to or deducting
from the work, as covered by the Drawings and Specifications of this Contract
and within the general scope thereof.
Such changes shall be ordered by the Owner in writing, and no change or
omission from the Drawings and Specifications shall be considered to have been
authorized without written instructions signed by the Owner.
20.07.b CHANGE OF SUB-SURFACE CONDITIONS: If,
during the progress of the work, sub-surface conditions at the site are
found or discovered to be materially
different from those shown on the Drawings or indicated in the Specifications,
the attention of the Architect shall be called immediately to such conditions
before they are disturbed. The Architect
shall thereupon promptly investigate the conditions, and if he finds that they
materially differ from those shown on the Drawings or indicated in the
Specifications, he shall, at once and with the approval of the owner, make such
changes in the Drawings and Specifications as he may find necessary.
20.07.c ADJUSTMENT OF CONTRACT: All work
shall be executed under the conditions of the original contract. If
changes cause an increase or decrease in the amount due under this
Contract, or in the time required for its performance, an equitable adjustment
shall be made and the contract should be modified in writing accordingly. The express consent of the sureties shall be
obtained in writing. In the event that the
work involved is increased by such changes, the Contractor shall furnish proportionate
additional performance bond.
20.07.d VALUE OF EXTRA WORK: The value of
extra work or change shall be determined in any one or more of the following
ways:
1) By estimate and acceptance in a lump sum.
2) By unit prices
stipulated in the Contract or subsequently agreed upon, provided the extra or
credit does not exceed twenty-five percent (25%) of original contract of the
particular work involved.
3) By actual direct
cost plus fifteen percent (15%) for contractor’s profit, overhead and
contractor’s tax.
Under case (3), he shall keep
and present in such form as the Architect may direct, a correct account of the
cost, together with vouchers. In any
case, the Architect shall certify to the amount including the fifteen percent
allowance for overhead and profit due the Contractor.
20.07.e PERIOD FOR WHICH CLAIM FOR ADJUSTMENT
HAS TO BE ASSERTED: Any claim for adjustment involving questions of fact
must be asserted within fifteen (15) days from the date the change is ordered
unless the Architect shall, for proper cause, extend such time. Except as otherwise specifically provided in
this Contract, all disputes concerning questions of fact arising under this
Contract shall be decided by the Architect or his duly authorized
representative. Nothing, however, as
provided for in Article 20.07, shall excuse the Contractor from proceeding with
the prosecution of the work so changed.
20.07.f CHANGES ORDERED BY THE ARCHITECT: In
giving instructions, the Architect shall have the authority to make minor
changes in the work, not involving extra cost, and not inconsistent with the
design concept of the building.
20.07.g AWARD OF EXTRA WORK TO OTHER CONTRACTORS:
In case any extra work shall be required in the proper performance of the work
contemplated under this Contract, it is understood that, if the Contractor and
the Owner fail to arrive at any agreement as to the price of such extra work,
the Owner reserves the right to have such extra work done by any other person,
firm, or corporation than said Contractor.
20.08 CLAIMS FOR EXTRA COST: If the Contractor claims
that any instruction by drawings or otherwise involve extra cost under this
Contract, he shall give the Architect written notice thereof within fifteen
(15) days after the receipt of such instruction, before proceeding to execute
the work, except in emergency endangering life or property, as provided for in
Article 20.05 (Work During and Emergency) of the General Conditions. No such claim shall be valid unless so made.
In
like manner, if the Contractor incurs a delay in the mobilization and/or in the
progress of his work for reasons attributable to the Owner, e.g.,
Owner-supplied materials not arriving on time, movements or work executed by
the Owner which interfere with the progress of the Contractor’s work, delayed
decisions and other matters related thereto, he shall give the Architect
written notice thereof within fifteen (15) days after recognition of such delay
and proceed to claim for extra cost that may arise from such delays. No claim shall be valid unless such written
notice has been executed.
20.09 CLEANING UP AT COMPLETION OF WORK: The
Contractor shall at all times keep the premises free from accumulations of
waste materials or rubbish caused by his employees or work. At the completion of the work, he shall
remove all his rubbish from and about the building and all his tools,
scaffolding and surplus materials and turn over the work for occupancy.
20.09.a All dirt, stains and the like on all
finishing of floors, walls, ceiling, decorative work, finishing hardware and
fixtures must be removed.
20.09.b All woodwork, finishing hardware and all
metal works must be cleaned and
polished.
20.09.c All glazing, marble and tile work must be
washed and polished. The Contractor
shall so clean the building site as shown in the Drawings and all areas that
the Contractor used in the operation of the project.
At no time shall any rubbish be
thrown from windows or other parts of the building without the use of rubbish
chutes.
20.10 USE OF COMPLETED PORTIONS OF WORK: The owner
shall have the right to take possession of and use any completed or partially
completed portions of the work, notwithstanding that the time for completing
the entire work or such portions may not have expired. Such taking possession
and use shall not be deemed an acceptance of any work not completed in
accordance with the Contract Documents
nor shall it be deemed a waiver
by the Owner of the rights to claim for damages due to delays in the completion
of the work. If such prior use increase
the cost of or delays the completion of uncompleted work, the Contractor shall
be entitled to such extra compensation, or extension of time or both, as agreed
upon prior to the occupancy.
20.11 CERTIFICATE OF COMPLETION OF WORK: Upon due
notice from the Contractor that he has substantially completed the work, the Architect shall make an inspection of the
project. Substantial completion shall
mean that the value of the work completed shall not be less than ninety-eight
percent (98%) of the contract amount and that the remaining unfinished work
shall be of a minor nature only. If the
contract covers the furnishing and/or installation of equipment, fixtures and
utilities, said equipment, fixtures and utilities shall be fully tested and
test-run in order that the work can be considered as substantially completed.
However, should the Contractor, through no fault of his be unable to test run
the equipment at the time of substantial completion , he shall be given the
necessary time extension for that portion of the work. As soon as, in the opinion of the Architect,
the work shall have been substantially completed and shall have satisfactorily
passed any final test of materials that may be prescribed by the Contract, the
Architect shall issue a Certificate of Completion with respect to the
work. Even before the completion of the
whole work, upon written application of the Contractor, the Architect may likewise
issue such a Certificate of Completion with respect to any substantial part of
the work that has been completed to the satisfaction of the Architect and
occupied or used by the Owner.
In
all cases, prior to the issue of said Certificate of Completion, the Contractor
shall execute a written undertaking to finish any outstanding work during the Period
of Making Good of Known Defects or Faults as defined in Article 20.12
hereof.
20.12 PERIOD OF MAKING GOOD OF KNOWN DEFECTS OR FAULTS:
The expression “Period of Making Good of Known Defects or Faults” shall mean a
period of not more than sixty (60) calendar days, unless otherwise expressly
named in the contract, calculated from the date of issue of the Certificate of
Completion of the whole work or of any part thereof, in accordance with Article
20.11.
20.13
MAKING GOOD OF KNOWN DEFECTS OR FAULTS: The Contractor
shall execute at his own expense all work necessary for making good of known
defect, imperfections or faults (fair, wear and tear expected) within the
period of sixty (60) days after the issuance of Certificate of Completion or
within fifteen (15) days after its expiration as a result of an inspection made
by or on behalf of the Architect prior to its expiration.
If,
in the opinion of the Architect, the defect or fault is due to the Owner or
Owner’s representative, the value of such work shall be ascertained and paid
for as it were additional work.
If
the Contractor shall fail to do any such work as aforesaid, the Owner shall
upon written notice to the contractor be entitled to carry out such work by his
own workmen or by other contractors, and if such work which the Contractor
should have carried out is at the Contractor’s cost, the Owner shall be
entitled to recover from the Contractor the cost thereof, or may deduct the
same from any amount due or may become due to the Contractor.
20.14 SEARCH FOR CAUSES OF DEFECTS OR FAULTS: The
Contractor shall, upon a written request of the Architect, search for the cause
of any defect, imperfection or fault. If such defect, imperfection of fault
shall be one for which the Contractor is not liable under the Contract, the
cost of the work carried out by the Contractor in searching for said defect
shall be borne by the Owner. But, if
such defect, imperfection or fault shall be one for which the Contractor is
liable, the costs of the work carried out in searching said defects shall be
borne by the Contractor and he shall, in such case, repair, rectify and make
good such defect, imperfection or fault at his own expense, in accordance with
the provisions of Article 20.13 hereof.
ARTICLE 21:
TIME OF COMPLETION OF WORK
21.01 NOTICE
TO PROCEED: Following the execution of the Contract Agreement by the
Owner, a written Notice to Proceed with the work shall be given to the
contractor. The Contractor shall begin
and shall prosecute the work regularly and uninterruptedly thereafter (unless
otherwise directed in writing by the owner) to ensure the completion of the
work within the time stated in the contract.
If the Contractor undertakes actual construction on the proposed work,
including the delivery of equipment or materials (in the case for furnishing
materials) or the performance of any other kind of work whatsoever before he
receives a copy of the duly executed Contract or Notice to Proceed, he does so
at his own risk.
21.02 CONTRACT
TIME: The Contractor shall complete, in an acceptable manner,
all of the work contracted for in the time stated in the Contract. Computation of Contract Time shall commence
on the seventh (7th) day from receipt of the Notice to Proceed,
unless otherwise stipulated in the contract, and every calendar day following,
shall be counted as a working day.
21.03 SCHEDULE
OF COMPLETION: The Contractor shall submit, for approval, the Schedule
of Construction Work in Critical Path Method form or any other form acceptable to the Architect,
indicating the approximate date each item will be started and completed, the
equipment to be used and number of men to be employed to complete it, in
accordance with his schedule. The
progress of the work shall be at a rate sufficient to complete the Contract in
an acceptable manner within the period of time specified. If it appears that the rate of progress is
such that the Contract will not be completed within the time limit, the
Architect may order the Contractor to take such steps as he considers necessary
to complete the Contract within the period provided.
21.04 EXTENSION
OF TIME: The Contractor will be allowed an extension of time based on
the following conditions:
21.04.a Should the Contractor be obstructed or delayed in the
prosecution or completion of the work by the act, neglect, delay, or default of
the Owner or any other contractor employed by the Owner, by strikes or
lockouts, by an Act of god or Force Majeure as defined in Article 1.26, or by
delay authorized by the Architect pending arbitration, then the Contractor shall file the necessary request for
extension within fifteen (15) days from the occurrence of such delay. The Architect may grant the request for
extension for such period of time as he considers reasonable.
However,
no such extension of time shall be granted for any alleged failure of the Owner
to furnish materials or information unless they be required in the proper
prosecution of the work in the order prescribed by the Architect and unless the
Contractor shall have made written request for them at ten (10) days before
they are actually needed.
21.04.b The WRITTEN CONSENT OF THE BONDSMEN must be attached to any
request of the Contractor for an extension of time and submitted to the Owner
for consideration.
21.04.c If the satisfactory fulfillment of the Contract shall require
the performance of work in greater quantities than those set forth in the
Contract, the time allowed for performance shall be increased in the same ratio
as that of the total cost of work actually performed to the total cost in the
Contract. However, if in the opinion of
the Architect, the nature of the increased work is such that the new Contract
Time as computed above is unreasonably short, the time allowance for any
extension and increases shall be as agreed upon in writing.
21.04.d If no schedule or agreement stating the dates upon which drawings
shall be furnished is made, then no claim for delay shall be allowed on account
of failure to furnish drawings until two (2) weeks after demand for such
drawings and unless such claim be reasonable.
21.04.e If the work is interrupted for any reason, it must be promptly
resumed upon the removal or cessation of the cause of delay.
21.04.f The Contractor shall give written notice to the Architect at
least ten (10) days prior to beginning, suspending (except in case of
accident), or resuming the work to enable the Architect to make the necessary
preparations for inspection without delaying the work. All delays or losses resulting from failure
of the Contractor to give such notice will be at the Contractor’s risk, and all
extra costs to the Owner for such delay (said costs to be determined by the
Architect) shall be deducted from the Final Payment.
21.05 LIQUIDATED
DAMAGES: It is understood that time is an essential feature of this
Contract, and that upon failure to complete the said Contract within the
contract time, the Contractor shall be required to pay the Owner the liquidated
damages in the amount stipulated in the Contract Agreement. The said payment to
be made as liquidated damages, and not by way of penalty. The Owner may deduct from any sum due or to
become due to the Contractor any sum accruing for liquidated damages as herein
stated. For purposes of calculating, the
actual completion date shall be the date certified by the Architect under
Article 20.11 hereof.
ARTICLE 22:
PAYMENTS
22.01 DETAILED BREAKDOWN OF CONTRACT AMOUNT: Except
in cases where unit prices form the basis for payment under the Contract, the
Contractor shall, within (15) days from the receipt of Notice to Proceed,
submit a complete Breakdown of Work and Corresponding Value of the Contract
Amount showing the value assigned to each part of the work, including the
allowance for profit and overhead. Upon
approval of the Breakdown of Work and Corresponding Value by the Architect, it
shall be used as the basis for all Requests for Payment.
22.02 REQUESTS FOR PAYMENT: The Contractor may submit
periodically, but not more than once each month, a Request for Payment for work
done. The Contractor shall furnish the
Architect all reasonable facilities required for obtaining the necessary
information relative to the progress and execution of the work. Each Request for Payment shall be computed
from the work completed on all items listed in the Breakdown of Work and
Corresponding Value, less the 10% retention, unless otherwise agreed upon, and
less previous payments. When 50% of the
Contract has been accomplished, no further retention shall be made on the
balance of the Contract.
22.02.a In general, no payment shall be made for
materials or items not incorporated in the work. However, exception to this condition may be
made in the case of materials or items, which may require immediate acquisition
and compensation due to shortages or import or transportation
difficulties. In the event of such
exceptions, payment shall be conditioned upon the submission by the Contractor
of bills of sale or such other procedures as will establish the Owner’s title
to such material or item or otherwise adequately protect the Owner’s interest.
22.03 PROGRESS PHOTOGRAPHS TO ACCOMPANY REQUEST FOR PAYMENT:
The Contractor at his own expense shall furnish the Architect progress
photographs which shall be taken monthly, starting when the work begins and
continuing so long as the work is in progress, on the outside of the building
and from station points designated by the Architect.
22.03.a. The photographs shall be 6” x 8”. At each period four exposures shall be taken,
one on each side of the building. Eight
(8) prints dull finish, (2 copies for each exposure) shall be delivered to the
Architect and all negatives shall bear the date of exposure and name of the
work.
22.03.b No partial payment shall be considered for
approval without the above mentioned prints accompanying the Request for
Payment.
22.04 ARCHITECT’S ACTION ON A REQUEST FOR PAYMENT:
Within fifteen (15) days after receipt
of any Request for Payment by the Contractor, the Architect shall either issue
a Certificate of Payment or withhold the Request for Payment. When the Architect decides to withhold the
Request for Payment, he shall inform the contractor, in writing, the reasons
for withholding it. If the Contractor
and Architect cannot agree on a revised amount, the Architect will issue a
certificate of payment for the amount for which he is able to make
representation to the owner.
The
Certificate of Payment shall include the value of work accomplished by the
Contractor during the period covered by the certificate and recommendation to
the Owner for payment in an amount the Architect decides to be property due.
22.05 APPROVAL WITHHELD: The Architect may recommend
withholding of payment in whole or in part on any approved Request for Payment
on account of any of the following
reasons:
22.05.a Defective work not remedied
22.05.b Claims filed or reasonable evidence
indicating probable filing of claims.
22.05.c Failure of the Contractor to make payments
properly to sub-contractors for material or labor.
22.05.d A reasonable doubt that the Contract can be
completed for the balance then unpaid.
22.05.e Damage to another Contractor.
When the above grounds are
removed, payments shall be made for amounts withheld.
22.06 CONDITIONS RELATIVE TO CERTIFICATES OF PAYMENTS:
22.06.a The
Architect shall estimate the value of work accomplished by the Contractor
using, as a basis, the schedule stipulated in the Breakdown of Work and
Corresponding Value. Such estimates of
the Architect shall be final and conclusive evidence of the amount of work
performed and shall be taken as the basis for the full measure of compensation
to be received at the time by the Contractor.
Such Preliminary estimates of amount and quantity shall not be required
to be made by strict measurement or with exactness, but they may, at the option
of the Architect, be approximate only.
22.07 OWNER’S ACTION ON AN APPROVED REQUEST FOR PAYMENT OR
CERTIFICATE OF PAYMENT: Within fifteen (15) days from the date of
approval of a Request for Payment or of issuance of a Certificate of Payment by
the Architect, the Owner shall pay the amount as certified by the Architect or
pay such other amount as he shall decide is due the Contractor, informing the
Contractor and the Architect, in writing, of his reasons for paying the amended
amount.
Owner’s
failure to pay the amount involved would be subject to payment of interest
based on banking loan rates prevailing at the time of the signing of the
Contract.
22.08 PAYMENT OF CONTRACTOR’S
OBLIGATIONS: The Contractor shall pay punctually all workmen employed
by him on his project at such rates as are provided by existing laws. He shall also pay promptly all materials and
equipment used by him on his project, and all taxes due from him. He shall remit as required by law all amount
withheld from the salaries or wages of his employees or workmen.
If
required, he shall furnish the Owner with a statement sworn to before an
officer duly authorized to administer oath that all persons who have done work
or furnished materials under this Contractor have been duly paid. If such written evidence is not furnished
before the final payment under the Contract falls due, said Owner may after due
notice to and clearance by the Contractor, pay such lawful claims in whole or
in part to any person, firm, or corporation claiming the same, and charge the
amount thus paid to said Contractor, who will accept the same as payment from
the amount due on the Contract.
22.09 PAYMENTS OVER 65 PERCENT: Non payment shall be
made on contracts in excess of sixty five percent (65%) of the Contract Price,
unless a statement sworn before an officer duly authorized to administer oath
is submitted by the Contractor to the effect that all bills for labor, other
than current wages, and all bills for materials have been duly paid for by the Contractor
and his Sub-contractor. However, should
such sworn statement turn out false, the Owner and the work covered thereby
shall not be liable for any claim or lien arising from the failure of the
Contractor to pay . The Contractor does
hereby bind itself solely answerable for any such lien should the same arise.
22.10 CORRECTION OF WORK BEFORE FINAL PAYMENT: The
Contractor shall promptly remove from the premises all work condemned by the
Architect as failing to conform to the Contract, whether incorporated or not,
and the Contractor shall promptly replace and re-execute his own work in
accordance with the Contract and without expense to the Owner and shall bear
the expenses of making good all work of other contractors destroyed or damaged
by such removal or replacement.
If
the Contractor does not remove such condemned work within a reasonable time,
fixed by written notice, the Owner may remove them and may store the material
at the expense of the Contractor. If the
Contractor does not pay the expenses of
such removal within ten days’ time thereafter, the Owner may, upon ten days’
written notice, sell such materials at auction or at private sale and shall
account for the net proceeds thereof, after deducting all the costs and
expenses that should have been borne by the Contractor.
22.11 OTHER REQUIREMENTS BEFORE FINAL PAYMENT: The
contractor shall submit (aside from those provided in the Contract Document)
the following before final payment if made.
22.11.a Certificate of Final Building Occupancy unless
such certificate cannot be obtained through no fault of the Contractor.
22.11.b Certificate of Final Inspection of
electrical, telephone, sanitary, mechanical, water, gas, safety and other
utilities unless such certificate cannot be obtained through no fault of the
Contractor.
22.11.c Original and three (3) sets of prints of
“As-Built Drawings” of Electrical, Sanitary, Gas, Telephone and Mechanical
works, if such works are within the scope of the contract. “As-Built Drawings” are the working drawings
showing the system and actual locations of outlets, fixtures, services and
equipment that were installed.
22.11.d Three (3) copies of Directory of Panel
Boards and list of circuits.
22.11.e Three (3) copies of Instructions and Manual
for operating and maintaining of fixtures and equipment.
22.11.f Three (3) copies of keying Schedule.
22.11.g A Guarantee Bond, equivalent to thirty
percent (30%) of the Contract Price covering a period of one year after the
Final Acceptance of the work which guarantee the quality of the contract work
and materials installed, may be required if the Owner, upon acceptance of the
building, releases to the Contractor the Performance Bond and Payment Bond. The
Guaranteed Bond shall be in the form of
securities as approved by the Owner.
22.12 ACCEPTANCE AND FINAL PAYMENT: Whenever this
Contract, in the opinion of the Architect, has been completely performed on the
part of the Contractor, the Architect shall proceed to verify the work, shall
make the final estimates, shall certify as to the completion of the work, and
shall accept the same.
22.12.a The Owner shall then, except for causes
herein specified, pay to the Contractor promptly, after the execution of said
certificate, the remainder of the sum due to the Contractor, excepting
therefrom such sum or sums as may be lawfully retained under any of the
provision of the Contract; PROVIDED THAT FINAL PAYMENT ON THE CONTRACT SHALL
NOT BE MADE UNTIL THE CONTRACTOR HAS SUBMITTED A STATEMENT SWORN TO BEFORE AN
OFFICER DULY AUTHORIZED TO ADMINISTER OATH, SHOWING THAT ALL TAXES DUE FROM
HIM, AND ALL OBLIG-ATIONS FOR MATERIALS USED AND LABOR EMPLOYED IN CON-NECTION
WITH THIS CONTRACT HAVE BEEN DULY PAID; AND PROVIDED, FURTHER that nothing here
in contained shall be construed to waive the right of the Architect to reject
the whole or any portion of the aforesaid work, should the same be found to
have been constructed in violation of the Drawings and Specifications or of any
of the conditions or covenants of this Contract within the guarantee period.
22.12.b The making and acceptance of the final
payment shall constitute a waiver of all claims by the Contractor.
22.13 CORRECTION
OF WORK AFTER
FINAL PAYMENT:
22.13.a Neither the final certificate nor payment
nor any provision in the Contract Documents shall relieve the Contractor of
responsibility for faulty materials or workmanship and, he shall remedy any
defects due thereto and pay for any damage to other work resulting therefrom,
which shall appear within a period of one year from the date of acceptance of
work by the Owner.
22.13.b Neither foregoing nor any provision in the
contract documents, nor any special-guarantee limit, shall be held to limit the
Contractor’s liability for defects and damages and the right of the Owner under
the provisions of the New Civil Code, and all laws, regulations and ordinances
applicable to the plans and construction of the building.
22.13.c The Owner shall give notice of observed
defects with reasonable promptness. All
questions arising under this article shall be decided by the Architect whose
decision shall be subject to arbitration.
22.14 RELEASE OF RETENTION: The amount retained by
the Owner under the provision of the Contract shall be released within three
(3) months after the date of final payment.
SECTION VII : CONTRACTOR-SEPARATE
CONTRACTOR-
SUB-CONTRACTORS
RELATIONS
ARTICLE 23:
SEPARATE CONTRACTS TO OTHER CONTRACTORS
23.01 OWNER’S
RIGHT TO LET OTHER CONTRACTS: The Owner reserves to right to let other
contracts in connection with this work.
ARTICLE 24:
CONTRACTOR-SEPARATE CONTRACTORS RELATIONS
24.01 STORAGE OF MATERIALS AND WORK COORDINATION: The
Contractor under this Contract shall afford other contractors reasonable
opportunity for the introduction and storage of their materials and the
execution of their work, and shall property connect and coordinate his work
with theirs so as to minimize interference or obstruction in the progress of
the work.
24.02 CUTTING, PATCHING AND DIGGING: The Contractor
shall do all cutting, fitting or patching of his work that may be required to
make its several parts come together properly and fit it to receive or be
received by work of other contractors shown upon, or reasonably implied by, the
Drawings and Specifications for the completed structure, and he shall make good
after them as the Architect may direct.
Any
cost caused by defective or ill-timed work shall be borne by the party
responsible therefor.
The
Contractor shall not endanger any work by cutting, digging or otherwise and shall
not cut or alter the work of any other contractor, except with the consent to
the Architect.
24.03 DEFECTIVE WORK BY SEPARATE CONTRACTORS: If any
part of the Contractor’s work depends upon the work of any other contractor for
proper execution or results, he shall inspect and promptly report to the
Architect any defect in such work that renders it unsuitable for such proper
execution and result. His failure to
inspect and report shall constitute an acceptance of the other contractor’s
work as fit and proper for the reception of his work, except as to defects
which may develop in the other contractor’s work after the execution of his
work.
To
ensure the proper execution of his subsequent work, the Contractor shall verify
work already in place and shall at once report to the Architect any discrepancy
between the executed work and the drawings.
24.04 DAMAGE CAUSED BY CONTRACTOR TO SEPARATE CONTRAC-TORS: Should the Contractor cause damage to any
separate contractor on the work, the Contractor agrees, upon due notice, to
settle with such contractor by agreement or arbitration and to relieve the
Owner of any liability which may arise therefrom.
ARTICLE 25:
SUB-CONTRACTS
25.01 GENERAL: It is understood and agreed that the entire
work called for by this Contract shall not be sublet or sub-contracted. However, any part thereof or any specialty
work therein, may be sublet or sub-contracted, subject to the provision of
Article 25.02. Nothing contained in the
Contract Documents shall create any contractual relation between any
sub-contractor and the Owner.
25.02 COMPETENCY OF SUB-CONTRACTOR: At least
fifteen (15) days prior to the date of
bidding, the Contractor shall seek the Architect’s clarification as to
the particular areas or parts of the work for which the competence of the
sub-contractor shall be subject to evaluation by the Architect. Immediately thereafter, the Contractor shall
submit to the Architect a list of his prospective sub-contractors for approval.
25.03 CONTRACTOR’S RESPONSIBILITY: The Contractor
agrees that he is as fully responsible to the Owner for the acts and omission
of his sub-contractors and the persons either directly or indirectly employed
by them, as he is for the acts and omissions of persons directly employed by
him.
ARTICLE 26:
CONTRACTOR-SUB-CONTRACTORS RELATIONS
26.01 THE CONTRACTOR
AGREES:
26.01.a To
be bound to the Sub-contractor by all the obligations that the Owner assumes to
the Contractor under the Agreement, General Conditions, the Drawings and
Specifications, and by all the provisions thereof affording remedies and
redress to the Contractor from the Owner.
26.01.b To pay the Sub-contractor, upon the payment of certificates,
under the schedule of values as described in Article 22 (Payments) of the
General Conditions, the amount allowed to the Contractor on account of
sub-contractor’s work to the extent of the Sub-contractor’s interest therein.
26.01.c To pay the Sub-contractor, to such extent as may be provided by
the Contract Documents or the sub-contract.
26.01.d To pay the Sub-contractor on demand for his work or materials, as
far as executed and fixed in place, less the retained percentage, at the time
the certificate should be issued, even though the Architect fails to issue it
through no fault of the Sub-contractor.
26.01.e To pay the Sub-contractor a just share of any fire insurance
money received by him, the Contractor, under Article 31 (Contractor’s Insurance
and Bonds) of the General Conditions.
26.01.f To make no demands on the Sub-contractor for liquidated damages
or penalty for delay in any sum in excess of such amount as may be specifically
named in the sub-contract.
26.01.g To give the Sub-contractor an opportunity to be present and to
submit evidence in any arbitration involving his rights.
26.02 THE SUB-CONTRACTOR AGREES:
26.02.a To
be bound to the Contractor by the Terms of Agreement, General Conditions of the
Contract, the Drawings and Specifications, and to assume toward him all the
obligations and responsibility that he, by those documents, assumes toward the
Owner.
26.02.b To submit to the Contractor application for payment in such
reasonable time as to enable the Contractor to apply for payment under Article
22 (Payments) of the General Conditions.
26.02.c To make all claims for extras, for extensions of time, for
damages, for delays or otherwise, to the Contractor in the manner provided in
the General Conditions of the Contract for like claims by the Contractor upon
the Owner, except that the time for making claims for extra cost is one week.
26.03 THE
CONTRACTOR AND THE SUB-CONTRACTOR AGREE THAT: In the matter
arbitration, their rights and obligations and all procedure shall be analogous
to those set forth in the contract; provided, however, that a decision by the
Architect shall not be a condition precedent to arbitration.
SECTION VIII : SUSPENSION OF WORK AND
TERMINATION OF CONTRACT
ARTICLE
27: CONTRACTOR’S RIGHT TO
SUSPEND WORK OR TERMINATE CONTRACT:
The Contractor may suspend work
or terminate Contract upon fifteen (15) days’ written notice to the Owner and
the Architect for any of the following reasons:
27.a If
an order of any court or other public authority caused the work to be stopped
or suspended for a period of ninety (90) days through no act or fault of the
Contractor or his employees.
27.b If the Architect should fail to act
upon any Request for Payment within fifteen (15) days after it is presented in
accordance with the General Condition of the Contract.
27.c If the Owner should fail to act upon
any Request for payment or certificate of payment within (15) days after its
certification by the Architect.
27.d If the Owner should fail to pay the
Contractor any sum within thirty (30) days after its award by arbitration.
If the Contractor is compelled
to suspend work due to hardships or difficulties under b, c, and d above, then
the contract sum shall be increased by the amount of the contractor’s
reasonable costs of shutdown delay and start up, which shall be effected by
appropriate change order.
ARTICLE 28:
OWNER’S RIGHT TO TERMINATE CONTRACT
The Owner, upon
the certification of the Architect that sufficient cause exists to justify his
action, may without prejudice to any other right or remedy and after giving the
Contractor and his surety, if any, fifteen (15) days’ written notice, terminate
the contract with the Contractor and take possession of the premises and of all
materials, tools and appliances thereon and finish work by whatever method he
may deem expedient. Sufficient cause to
justify termination of the Contract shall deem to exist whenever the Contractor
does any of the following:
28.a Declare
bankruptcy, become insolvent or assign his assets for the benefit of his
creditors.
28.b Disregard or violate provisions of the
Contract Documents or Architect’s instructions, or fail to prosecute the work
according to the agreed Schedule of Completion, including extensions thereof.
28.c Fail to provide a qualified
superintendent, competent workmen or sub-contractors, or proper materials.
28.d Fail to make prompt payment to
sub-contractors, workmen or material dealers.
ARTICLE 29: OWNER’S RIGHT TO PROCEED WORK AFTER TAKEOVER FROM CONTRACTOR
29.01 USE
OF MATERIALS AND EQUIPMENT AT SITE: The Contractor, upon receiving
notice of the termination of contract, shall vacate possession and deliver the
said work, or the parts thereof specified in said notice, peaceable to the
Owner. All materials, plant, appliances
and other essential equipment as may be needed by the construction of the
project shall, at the option of the Architect, remain on the work until
completed, at such rental as may be considered reasonable.
In
case such materials and/or equipment do not belong to the Contractor, then the
Architect shall have the option to retain them for use in the project at the
cost of the failing Contractor, or pay reasonable rent for the use, chargeable against the Contractor.
29.02 OWNER
TO COMPLETE WORK: The Owner shall then take over the work and proceed
to complete the same by administration or otherwise, and use such tools,
appliances and materials of every description as may be found upon the line of
said work, or at point where materials are built or framed for the work and
also procure such other tools and materials for the completion of the work as
may be required.
29.03 EVALUATION
OF COST OF WORK: It is agreed and understood that, upon such
termination of this Contract, the Architect will ascertain and fix the value of
the work completed by the Contractor and not paid for by the Owner and of all
usable materials on the line of the work taken over by the Owner at the time of said termination.
29.03.a In the event that the total expenditures of
the Owner upon completion of the work, including all charges against the
project prior to termination of the Contract and compensation for additional
architectural managerial and administrative services, are not in excess of the
Contract Price, then the difference between the said total expenditures of the
Owner and Contract Price may be applied to settle claims filed, and the
balance, if any, may be paid to the Contractor.
29.03.b No amount in excess of the combined value of the unpaid
completed work, retained percentage and usable materials taken over by the
Owner at the time of the Termination of the Contract shall be paid, nor shall
any claim for prospective profits on the work done after termination of the
Contract be considered or allowed.
29.03.c In case of suspension of work, all unpaid work executed,
including expenses incurred during suspension, shall be evaluated by the
Architect and charged to the Owner.
29.04 OWNER’S
RIGHT TO RECOVER LIQUIDATED DAMAGES: Neither the taking over by the
Owner of the work for completion by administration nor the re-letting of the
same to another Contractor shall be construed as a waiver of the Owner’s rights
to recover damages against the original Contractor and/or his sureties for the
failure to complete the work as stipulated.
In
such case, the full extent of the damages for which the Contractor and/or his
sureties shall be liable shall be:
29.04.a The
total daily liquidated damages up to and including the day immediately before
the date the Owner effectively takes over the work.
29.04.b The excess cost incurred by the Owner in the completion of the
project over the Contract Price. This
excess cost includes cost of architectural managerial and administrative
services, supervision and inspection from the time the Owner effectively took
over the work by administration or by re-letting same.
SECTION IX : RESPONSIBILITIES AND
LIABILITIES OF CONTRACTOR AND THE OWNER
ARTICLE 30: CONTRACTOR’S
RESPONSIBILITY FOR ACCIDENTS AND DAMAGES
30.01 SAFETY MEASURES TO BE UNDERTAKEN BY CONTRACTOR:
The Contractor shall take all necessary precautions for the safety of employees
and workmen on the work, and shall comply with all applicable provisions of
city, municipal and national safety laws and building codes and all government
rules and regulations, to prevent injury to persons on about or adjacent to the
premises where work being performed. The
Contractor shall erect and properly maintain at all times, as required by the
conditions and progress of the work, such barriers, shoring, supports, braces,
lights, danger signs and necessary safeguards that will protect workmen and the
public and that will effectually prevent any accident and damage to property in
consequence of his work.
The
Contractor shall designate a responsible member of his organization on the
work, whose duty shall be the prevention of accidents and damage to the Owner’s
property and adjoining property. The
name and position of the person so designated shall be reported to the Architect
by the Contractor.
30.02 CONTRACTOR’S RESPONSIBILITY:
The Owner shall not be responsible for the death, any disease contracted, or
injury received by the Contractor or any of his employees or laborers. All damages shall be the responsibility of
the Contractor.
30.03 INDEMNITY: The Contractor shall
indemnify and exempt the Owner from all losses and all claims, demands,
payments, suits, actions, recoveries, and judgment of every nature and
description brought or recovered against him, by reason of any act or omission
of said Contractor, his agents or employees, in the execution of the work or
the guarding of it.
Claims
for payment and repairs for damages shall be settled by the Contractor at his
own expense and to the satisfaction of the Architect and the parties
concerned. In the event of failure of
the Contractor to repair at once such damages, and pay other claims, the Owner
may repair the same and pay the claims, and deduct the entire cost of such
repairs and claims from the payments due the Contractor.
ARTICLE 31:
CONTRACTOR’S INSURANCE AND BONDS
31.01 CONTRACTOR’S LIABILITY INSURANCE: The
Contractor shall secure and maintain such insurance from an insurance company
acceptable to the Owner as will protect himself, his sub-contractors, and the
Owner from claims for bodily injury, death or property damage which may arise
from operations under this Contract. The
Contractor shall not commence work under the Contract until he has obtained all
insurance required under this section and shall have filed the certificate of
insurance or the certified copy of the insurance policy with the Owner. Such insurance policy shall contain a clause
providing that it shall not be cancelled by the insurance company without ten
(10) days’ written notice to the Owner of the intention to cancel. The amounts
of such insurance shall be as agreed upon.
31.02 CONTRACTOR’S FIRE INSURANCE: In addition to
such Fire Insurance as the Contractor elects to carry for his work protection,
he shall secure and maintain in the name of the Owner policies upon such structures and materials
and in such amount as shall be designated.
These policies shall be secured from a company, which is satisfactory to
the Owner and delivered to the Owner.
31.03 CONTRACTOR’S PERFORMANCE AND PAYMENT BONDS: The
Contractor, prior to signing the Contract, shall furnish a Performance Bond
equal to fifteen percent (15%) of the Contract amount for the faithful
performance of his work and fifteen percent (15%) Payment Bond covering payments
and obligations arising from his Contract.
Such bonds shall be in the forms of sureties as approved by the
Owner. Such bonds shall remain in effect
until replaced by the Contractor’s Guarantee Bond.
31.04 CONTRACTOR’S GUARANTEE BOND: The Performance
and Payment Bonds will be released by the Owner after the expiration of two (2)
months from the final acceptance of the work and only after the Contractor has
furnished the Owner a Guarantee Bond in the amount of thirty percent (30%) of
the Total Contract cost. The Guarantee
Bond shall be for a period of one (1) year commencing from the date of
acceptance as a guarantee that all materials and workmanship installed under
Contract are of good quality.
31.05 CONTRACTOR’S
GUARANTY-WARRANTY:
31.05.a The
Contractor shall, in case of work performed by his sub-contractors and where
guarantees are required, secure warranties from said sub-contractors and
deliver copies of same to the Owner upon completion of work.
31.05.b The Contractor shall and thereby warrants
all work performed by him directly and for which guarantee are required.
31.05.c The Contractor shall and thereby warrant
and/or guarantee for a period of one year, or for longer periods where so
provided in Specifications, as evidenced by date of final certificate issued by
the Architect, that all materials and workmanship installed under Contract to
be of good quality in every respect and to remain so for periods described
herein.
31.05.d Should any defects develop in aforesaid
work, within the specified periods, due to faults in material and/or
workmanship, the Contractor thereby agrees to make all repairs and do all
necessary work to correct defective work to the Architect’s satisfaction. Such repairs and corrective works shall be
done without cost to the Owner and at entire cost and expense of the Contractor
within five (5) days after written notice to the Contractor by the Owner.
31.05.e In case the Contractor fails to do the
work, so ordered, the Owner may have the work done and charge the cost thereof
against any amount retained as provided for in the Agreement and, if said
retained monies shall be insufficient to pay such cost, or if no money is
available, the Contractor and his sureties agree to pay to the Owner the cost
of such work.
31.05.f All the foregoing are without prejudice to
the right of the Owner under the New Civil Code, and other laws now or
hereafter that may be applicable.
ARTICLE 32:
OWNER’S RESPONSIBILITIES AND
LIABILITIES
32.01 PROTECTION
OF EMPLOYEES AND PROFESSIONALS PER-FORMING SERVICES FOR THE OWNER: The
Owner shall be responsible for and shall maintain such insurance as will
protect him for personal injury including disease and death of persons under
his employ or services, temporary or permanent in status, that are assigned for
the project.
Prior
to the start of the construction, the Owner and the Architect shall give a list
of personnel assigned to the project who need to be covered by insurance and
with the corresponding amount of coverage.
32.02 OWNER’S
OPTIONAL INSURANCE: The Owner, at his option, may maintain such
insurance that will protect him from his contingent liability for damages, for
personal injury, including death, which may arise from the operations under this
Contract, and any other liability for damages, which the Contractor is required
to insure under any provision of this Contract.
ARTICLE 33:
LIENS, DISPUTES AND ARBITRATION
33.01 LIENS: Neither the final payment nor any
part of the retained percentage shall become due until the Contractor, if
required, shall deliver to the Owner a complete release of all liens arising
out of this Contract, or receipts in full in lieu thereof and, if required in
either case, an affidavit that, so far as he has knowledge or information, the
releases and receipts include all the labor and materials for which a lien
could be filed. The Contractor may, if any sub-contractor refuses to furnish a
release or receipt in full, furnish a bond satisfactory to the Owner, to indemnify
him against any lien. If any lien remain
unsatisfied after all payments are made, the Contractor shall refund to the
Owner all monies that the latter may be completed to pay in discharging such
lien, including all costs and a reasonable attorney’s fee.
33.02 ASSIGNMENT:
33.02.a This
Contract shall not be assigned in whole or in part by the contractor nor shall
any part of the work be sublet by the Contractor without the prior written
consent of the Owner and such consent shall not relieve the Contractor from
full responsibility for the work hereunder and for the due performance of all
the terms and conditions of the Contract.
33.02.b The Owner’s consent to any subletting of
work hereunder shall not be granted in any event until the Contractor has
furnished the Owner with satisfactory evidence that the sub-contractor is
carrying ample insurance to the same extent and in the same manner as is herein
provided to be furnished by the Contractors.
33.02.c If the Contract is assigned or any part
thereof is sublet, the Contractor shall
exonerate, indemnify and exempt the Owner from and against any and all loss or
expense caused thereby.
33.02.d In case of any such transfer without the
previous written consent of the Owner, the Owner may refuse to carry out the
Contract either with the transferor or transferee; but all rights of action for
any breach of this Contract by the Contractor shall be reserved to and remain
within said Owner.
33.03 DAMAGES: Should either
party to this Contract suffer damages because of any wrongful act or neglect of
the other party or of anyone employed by him, claim shall be made in writing to
the party liable within a reasonable time of the first observance of such
damage and not later than the final payment, except as expressly
stipulated otherwise in the case of
faulty work or materials, and shall be adjusted by agreement or arbitration.
33.04 DISPUTES:
33.04.a The
Architect shall, within a reasonable time, make decisions on all claims of the
Owner or Contractor and on all matters relating to the execution and progress
of the work or the interpretation of the Contract Documents.
33.04.b Except as otherwise specifically provided
in the Contract, all disputes concerning questions of fact arising under the
Contract shall be decided by the Architect, whose decision shall be final and
conclusive upon the parties thereto.
33.04.c The Architect’s decisions shall be final,
if within the terms of the Contract Documents.
33.04.d If, however, the Architect fails to render a
decision within fifteen (15) days after
the parties have presented their evidence, either party may then demand
arbitration. If the Architect renders a
decision after arbitration proceedings have been initiated, such decision may
be entered as evidence, but shall not disturb or interrupt such proceedings,
except where such decision is acceptable to the parties concerned.
33.05 ARBITRATION: All
disputes, claims or questions subject to arbitration under this Contract shall
be settled in accordance with the provision of this article.
33.05.a Notice
of the demand for arbitration of a dispute shall be filed in duplicate, one
copy with the other party to the Contract and another copy filed with the
Architect. The demand for arbitration
shall be made within a reasonable time after the dispute has arisen. In no case, however, shall the demand be made
later than the time of final payment, except as otherwise expressly stipulated
in the contract.
33.05.b When formal arbitration is requested, a
Board of Arbitration shall be formed in the following manner. The Owner and the Contractor shall each
appoint one member of this board and these members shall appoint a third member,
who shall act as chairman. No one with a
financial interest in the subject under arbitration will be permitted to serve
on this board. This board may engage
experts to act in an advisory capacity.
Minutes shall be kept of all meetings and signed by all members of this
board. Decisions of the board shall
require only a simple majority and all interested parties shall be informed
thereof. Expenses of the Board shall be
paid in accordance with the agreement set forth before the proceedings of the board.
33.05.c It is mutually agreed that the decision of
the arbitrators shall be a condition precedent to any right of legal action
that either party may have against the other.
The Contractor shall not cause a delay of the work during any
arbitration proceedings, except by agreement with the Owner.
SECTION X : AUTHORITY OF ARCHITECT,
ENGINEERS AND PROJECT REPRESENTATIVES
ARTICLE 34 : ARCHITECT’S STATUS
34.a The Architect shall be the Owner’s representative during
the construction period and he shall observe the work in progress in behalf of
the Owner. He shall have authority to
act in behalf of the Owner, only to the extent expressly provided in the
Contract Documents. He shall have
authority to stop the work whenever such stoppage may be necessary, in his
reasonable opinion, to ensure the proper execution of the Contract. The Architect’s failure to stop the work does
not relieve the Contractor from his responsibility of complying with the
Contract Documents and from the sole responsibility of protecting persons on,
about, or adjacent to the premises against injury and death, where work is
being performed. It does not relieve him also of his responsibility of
protecting the Owner’s property and adjoining property against damage.
34.b The Architect shall decide any and all questions that may
arise as to the quality and acceptability of materials furnished, the work
performed, the manner of performance and the rate of progress of work. He shall
decide all questions that may arise as to the interpretation of the Drawings
and Specifications, and all questions as to the acceptable fulfillment of the
terms of the Contract.
34.c As the Architect is, in the first instance, the interpreter
of the conditions of the Contract and the judge of its performance, he shall
side neither with the Owner nor with the Contractor, but shall use his powers,
under the Contract, to enforce its faithful performance by both.
34.d In case of the termination of the employment of the
Architect, the Owner shall appoint a capable and reputable Architect, whose
status under the Contract shall be as that of the former Architect. Any dispute
in connection with such appointment shall be subject to arbitration.
ARTICLE
35: AUTHORITY AND
RESPONSIBILITIES OF THE ENGINEERS
35.a The Engineers shall be solely responsible for their
respective designs, computations and other professional services they rendered
in connection with the preparation of Drawings and Specifications. They shall assist the Architect in the
general supervision and direction of that particular portion of the work where
their professional services are concerned.
35.b The Engineers shall inspect the work for conformance with
the approved Drawings and Specifications and shall report to the Architect any
discrepancy between such work and said Drawings and Specifications. They shall make recommendations when
necessary and as required consistent with the ethics of the profession.
35.c The Engineers shall perform any professional service
necessary for he accomplishment of the work subject to the terms and conditions
of the inter-professional agreement between the Architect and the Engineers or
any existing contract affecting or relative to the project.
ARTICLE 36 : AUTHORITY
AND DUTIES OF THE PROJECT REPRESENTATIVES , RESIDENT ARCHITECTS, RESIDENT
ENGINEERS OR CONSTRUCTION INSPECTORS
36.01 EMPLOYED
BY THE OWNER: Technically qualified men, referred to as Project
Representatives, Resident Architects, Resident Engineers or Construction
Inspectors, who have been recommended by the Architect and employed by the
Owner, may be stationed on the Project to assist the Architect and the Engineer
in the general supervision and direction of the Work.
36.02 DUTIES:
The duties of the Project Representatives, Resident Architects, Resident
Engineers and Construction Inspectors are stipulated in the Special Provision
of the Contract.
36.03 DISPUTES:
In case of any dispute arising between the Project Representative, Resident
Architect, Resident Engineer, or Construction Inspector, and the Contractor,
they shall have authority to reject materials or suspend the work until the
question at issue can be referred to and decide by the Architect.
Nothing
in the provision of this article will relieve the Contractor from the
responsibility of performing the work in accordance with the Drawings,
Specifications and other Contract Documents.
SECTION XI : SCHEDULE
OF TIME LIMITS
The
Contractor performs his work subject to certain Time Limits. This indexed section, as based on the entire
General Conditions, is provided for in order to facilitate the execution of his
work.
ITEM NO.
|
TITLE
|
TIME LIMIT
|
REFERENCE
ARTICLE NO.
|
1
|
CONTRACT TIME
|
1.1
|
Contract Time Reckoning
|
To
commence on the 7th day from receipt of “Notice to Proceed”
|
21.02
|
1.2
|
Request for Time Extension
|
To
be filed within 15 days from occurrence of delay
|
21.04 a
|
1.3
|
Beginning, Suspending or
Resuming of Work
|
Written
notice to be given to Architect at least 10 days prior to beginning,
suspending (except in case of accident), or resuming the work
|
21.04 f
|
1.4
|
Other Related Matters:
a) Request for supply of Owner-furnished materials
|
Written
request to be made 10 days before they are actually needed
|
21.04 a
|
|
b) Claim for Delay
|
No
claim for delay shall be allowed on account of failure to furnish drawings
until two weeks after demand for such drawings
|
21.04 d
|
2
|
CONTRACT SUM
|
2.1
|
Contract Sum Breakdown
|
To
be submitted within 15 days from the receipt of “Notice to Proceed”
|
22.01
|
2.2
|
Claim for Extra Cost
|
Notice
to be given to Architect within 15 days:
1)
after
receipt of instruction involving extra cost, or
2)
after recognition of delay due to Owner’s
fault
|
20.08
|
3
|
PROGRESS PAYMENT
|
3.1
|
Architect’s Action on Payment
|
To
be made within 15 days after receipt of request for payment
|
22.04
|
3.2
|
Owner’s Action on Payment
Request
|
To
act within 15 days from date of Architect’s approval of the Payment Request
|
22.07
|
3.3
|
Release of Retention
|
To
be released within 3 months after date of final payment
|
22.14
|
4
|
CORRECTION OF
WORK
|
4.1
|
Correction Before Final Payment
|
Contractors to promptly remove from the
premises all work condemned by Architect as failing to conform to the
Contract, whether incorporated or not, and promptly replace and re-execute
his own work in accordance with the Contract without expense to the Owner.
If
Contractor fails to remove condemned work within a reasonable time
from notice, Owner may remove and store the same at Contractor’s expense.
Contractor must pay expenses within 10
days from removal by the Owner. In default thereof, the Owner may sell the
materials after 10 days, from written notice of intent to sell.
|
22.10
|
4.2
|
Correction After Final Payment
|
Contractor
should remedy any defect due to fault materials or workmanship, which may
appear within a period of one year from date of acceptance of work by Owner
|
22.13 a
|
Repairs
and corrective work at the expense of Contractor should be done within 5 days
after written notice by Owner.
|
31.05 d
|
5
|
SUB-CONTRACTOR’S CLAIM
FOR EXTRA COST
|
|
Sub-contractor’s Claim for
Extra Cost
|
Sub-contractor
may make all claims for extras, for extension of time , for damages, for
delays or otherwise from the Contractor in the manner provided for in the
General Conditions of the Contract for like claims by the Contractor upon the
Owner, except that the time for making such claims for extra cost is one
week.
|
26.02 c
|
6
|
CONTRACTOR’S RIGHT
TO SUSPEND WORK
OR TERMINATE CONTRACT
|
|
Contractor’s Right to Suspend
Work or Terminate Contract
|
Contractor
may suspend work or terminate Contract upon 15 days written notice to Owner
and Architect, due to any of the following reasons:
1) If any court or public
authority orders work to be stopped or suspended for 90 days through no fault
of the Contractor or his employees.
2) If Architect fails to act upon
request for payment within 15 days after presentation
3) If Owner fails to act upon
request for payment within 15 days after Architect’s certification
4) If Owner fails to pay
Contractor the agreed sum within 30 days after its reward by arbitrators
|
27
|
7
|
OWNER’S RIGHT
TO TERMINATE CONTRACT
|
|
Owner’s Right to Terminate
Contract
|
The Owner may terminate
Contract after giving 15 days written notice to the Contractor or his
Surety if Contractor should:
1) Declare bankruptcy, become
insolvent or assign his assets for the benefit of his creditors
2) Disregard or violate provisions
of the Contract Documents or Architect’s
instructions
3) Fail to provide superintendent,
workmen, sub-contractors, or proper materials
4) Fail to make prompt payment to
sub-contractors, workmen or material dealers
|
28
|
8
|
DISPUTES
|
|
Disputes
|
If
Architect fails to render a decision within 15 days after parties have presented
their evidence, either party may demand arbitration.
|
33.04 d
|
9
|
BONDS AND
INSURANCES
|
|
Cancellation
|
Insurance
policy shall not be cancelled by insurance company without 10 days written
notice to Owner of intention to cancel
|
31.01
|
9.2
|
Contractor’s Performance and
Payment Bond
|
Such
bonds shall remain in effect until replaced by the Contractor’s Guarantee
Bond
|
31.03
|
9.3
|
Contractor’s Guarantee Bond
|
To
be furnished to the Owner after expiration of Performance and Payment Bonds
and shall be effective for a period of one year commencing from the date of
acceptance as a guarantee that all materials and workmanship installed are of
good quality
|
31.04
|
