Project Manual01 Final

PROJECT MANUAL

PROPOSED SIX STOREY BUILDING WITH BASEMENT TABLE OF CONTENTS

Table of contents.doc 10/27/11 Page - - 1 -

PROJECT MANUAL

TABLE OF CONTENTS

DivisionSectionHeadingPage NumberDIVISION 00BIDDING AND CONTRACT REQUIREMENTS00020Invitation to Bid..00020-1 to 200025Affidavit of Site Inspection00025-100100Instruction to Bidders00100-1 to 600300Bidders Proposal Form00300-1 to 300430Sub-contractor Listing..00430-1 00450Bid Bond Form..00450-100500Construction Contract..00500-1 to 700700General Conditions..0700-1 to 43

DIVISION 01GENERAL REQUIREMENTS01000Explanation to Specifications.01000-1 to 201010Summary of Work01010-1 to 301020Summary of Materials and Finishes.01020-1 to 3001100Items for Submission by the Contractor.01100-1 to 401200Shop Drawings.01200-1 to 301300Field Engineering.01300-101400Construction.01400-1 to 401500Materials and Equipment01500-1 to 501750Warranties and Bonds.01750-1 to 2

DIVISION 02SITEWORK02050Demolition.02050-1 to 202100Site Preparation02100-1 to 202160Excavation Support System02160-1 to 202200Earthwork..02200-1 to 902280Termite and Bukbok Proofing.02280-1 to 402400Site Drainage.02400-102500Roads and Parking02500-1 to 302520Concrete Curbs, Gutter and Paved Walks02520-1 to 7

DIVISION 02CONCRETE 03100Concrete Formwork..03100-1 to 303200Concrete Reinforcement..03200-1 to 303300Cash in Place Concrete03300-1 to 6

DIVISION 04MASONRY04100Mortar04100-1 to 204200Unit Masonry04200-1 to 2

DIVISION 05METALS05100Structural Metal Framing...05100-1 to 505200Miscellaneous Metals 05200-1 to 2

DIVISION 06WOOD AND PLASTICS06100Rough Carpentry.06100-1 to 206200 Finish Carpentry..06200-1 to 2

DIVISION 07THERMAL AND MOISTURE 07100Waterproofing..07100-1 to 207400Preformed Roofing..07200-1 to 207900Joint Sealants..07300-1 to 2

DIVISON 08DOORS AND WINDOWS08100Metal Doors and Windows.08100-1 to 808200Wood Doors..08200-1 08520Aluminum Jalousie Windows.08520-1 to 208700Hardware..08700-1 to 208800Glazing..08800-1 to 2

DIVISION 09FINISHES

09200Plaster09200-1 09300Tile..09300-1 to 209510Suspended Ceiling Systems..09510-1 to 409900Painting..09900-1 to 5

DIVISION 10SPECIAL TIES10400Identifying Devices10400-1 10800Toilet Accessories.10800-1

DIVISION 14CONVEYING SYSTEMS14310Elevators.14310-1 to 2

DIVISION 15MECHANICAL15100Air-conditioning and Ventilating System15100-1 to 515300Standpipe and Sprinkler Systems..15300-1 to 815400Basic Plumbing Materials and Methods.15400-1 to 13

DIVISION 16 ELECTRICAL16050General Requirements16050-1 to 916100Basic Electrical Materials and Methods...16100-1 to 216420Electrical Distribution System16420-1 to 216700Fire Alarm and Emergency Management System.16700-1 to 416800Pathways for Communications Systems.16800-1 to 516850Structured Cabling..16850-1 to 1216870Video Surveillance16870-1 to 23

END OF TABLE OF CONTENTS

DIVISION 00PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00020INVITATION TO BID

PROJECT : PROPOSED SIX STOREY BUILDING WITH BASEMENTLOCATION : 85 OSMENA BLVD., CEBU CITY

TO : ________________________________ DATE: ________ You are invited to participate in bidding for the above project:

The details of the bid are as follows:

1.0 QUALIFIED BIDDERS

Those invited to bid.

2.00 SECUREMENT OF CONTRACT DOCUMENTS

For invited bidders, complete Bid Documents, may be secured from:NATZ ARCHITECTURE SERVICES85 Osmena Blvd., Cebu CityMobile: 0921- 3600-023 Tel.No.: 253-1901 (Loc. 409)

3.00 PRE-BID DOCUMENTS

For further clarifications and instructions regarding the project, a Pre-bid Conference among the bidders, Owner and Architect shall be held at:

Place:

Date:Time:

Attendance at the Pre-bid conference is compulsory for the bidders or their authorized representatives.

4.00 SUBMITTAL AND PUBLIC OPENING OF BIDS Sealed proposals for the above project shall be received by the Owner or his representatives at:

Place:

Date:Time:

The Bids shall then be publicly opened and read.

5.00 RIGHT TO REJECT BIDS

The owner and the Architect reserve the right to reject any or all Proposals, waive any defects or informality therein, or to accept such bid which may be considered most advantageous.

6.00 OFFICIAL NOTIFICATION OF ARCHITECT

Invited Bidder must notify in writing or telegram the Architect of their intent to participate or not in the bidding. The notification should reach the Architects office not later than three (3) days after receipt of invitation.

Received by: _____________________________________

Date: _____________________________________

Note:Please sign in and return two (2) copies of this invitation to the office of the Architect.

END OF SECTION 00020

SECTION 00025AFFIDAVIT OF SITE INSPECTION

This is to certify that the following person/s:

representing our company:_____________________________________________________________________________

Name of Bidder

has/have visited the site for the project: PROPOSED SIX STOREY BUILDING WITH BASEMENT located at ________________________________________________ on the following date/s:

__________________________________________________________________________________________________________________________________________________________

for the purpose of investigating the nature of the site and acquainting ourselves with the circumstances found therein affecting the proposed works and our own responsibilities over the circumstances found therein of making a bid entering into a construction agreement with _______________________.

BIDDERS AUTHORIZED SIGNATORY:

__________________________________________________________ Name__________________________________________________________

Signature

ATTESTED BY:

Owners representative

Date


SECTION 00100INSTRUCTIONS TO BIDDERS


TO : ______________________________ DATE: _________________

1.0 SCOPE OF THE CONTRACT

The Contractor shall be fully responsible for all labor, materials, equipment and services necessary for the complete project construction, ready for use, as shown on the drawings and/or described in the Specifications. These shall include final connections of all utilities to existing mains. The Owner, however, reserves the right to assign other Contracts in connection with this work.

2.0 SECURING AND COMPLIANCE WITH BIDDING DOCUMENTS

Drawings, Specifications, and other supporting Bid Documents may be obtained at the time and place indicated in the invitation to bid (Section 00020) or as informed by the office of Architect Nathaniel J. Hernando. Bidders shall comply with all conditions stipulated in these bidding documents.

3.0 REQUIREMENTS BEFORE SUBMITTING PROPOSALS

The site and all structures located thereon shall be thoroughly examined in relation to all conditions which directly affect the Contract work. The proposal sum shall reflect all such affecting conditions.

4.0 INTERPRETATION OF DRAWINGS AND DOCUMENTS

Bidders are advised to carefully scrutinize the Bidding and Contract Requirements (Division 00), and particularly the Summary of Materials and Finishes (Section 01020). If any Bidder, in preparing his bid, has doubt as to the true meaning and intent of any part of the Bid Documents or find errors, discrepancies, conflicts, or omissions in them, he shall at once request interpretation or correction from the Architect.

Request of such clarification must be in the office of the Architect at least seven (7) days before the bid opening date. If the matter in question is deemed to have possible effects on the bid amount, the architect shall then promptly issue his/her response on the matter in the form of a Bid Bulletin. Verbal instruction will have no validity regardless of source.

Bidders shall be notified by telephone or telegram of the issuance of all Bid Bulletins, to be secured from the office of the Architect. For bidders who are distantly based, or who may be difficult to contact, it is advised that they communicate with the Architect prior to Bid Opening to inquire if ay Bid Bulletins have been issued to the Contractors.

5.0 PREPARING AND SUBMITTING BID PROPOSALS

The following shall be followed to the letter, otherwise, proposals may be declared unacceptable.

A. Bid/Tender (Section 00300) shall be submitted in triplicate; one (1) original as attached herewith, plus two (2) photocopies.B. Contractors Sub-Contractor Listing (Section 00430) including major suppliers listing shall likewise be submitted in triplicate ; one (1) original as attached herewith, plus two (2) photocopies. Bidders are required to the Specifications for guidance.C. The Bidders legal name and business address shall be stated in full.D. Erasures, changes or interlineations on the Proposals and Cost Estimate sheets shall bear the signature or initial of the Bidder.E. The Bid Price shall include all work contemplated in the Plans and Specifications (except as specifically excluded therein) plus additions, deletions or modifications required by any addenda or Bid Bulletins issued prior to the Bid Opening. Therefore the amount quoted in the Contractors Proposal will be deemed to have included all items contained in these documents, and Bidders may not choose to exclude any item or work called for or mentioned in the Bid Documents.F. No Verbal telephone or telegraphic proposals, modifications or cancellations will be considered.G. The Bidder guarantees his Bid to be good for a period of sixty (60) days after the Bid Opening.H. Signatures shall be longhand and executed by a principal duly authorized to enter into contracts.I. Bid envelopes shall contain nothing but the following:1. Bid/ Tender (Proposal), in triplicate.2. Sub-Contractor Listing and major suppliers listing, in triplicate.3. Cost estimate Sheets and Cost Estimate Guide, in triplicate.4. Cash bond, in managers check, of not less than five (5%)(5) of the Bid Price.

J. Bid envelopes shall be legal size brown envelopes bearing the Bidders name, sealed and addressed as follows:

BID FOR


K. It is the Bidders responsibility to see to it that his proposal is received at the proper time. Any proposal received after the scheduled Bid Opening time will be returned to the Bidders unopened. L. All taxes, licenses, fees adand permits imposed by the local and/or national government shall be included in the Bid price.M. No claims for extra compensation shall be entertained by the Owner and the Architect for negligence or inadvertence on the Contractors part in obtaining all necessary data and clarifications.N. The Bid amount in the Proposal shall be quoted in words as well as in figures. In case of discrepancy between prices quoted in words and those in figures, the words shall prevail.O. In case of discrepancy between the prices on the Contractors proposal shall prevail. However, accuracy of cost estimate will have a great bearing on the evaluation of the Contractors Proposal.

6.0 BID WITHDRAWALS

Prior to Bid opening, Bidders may withdraw bid by written request or by reclaiming bid envelopes before the opening of bids.

7.0 SUB-CONTRACTORS AND SUPPLIERS

The Bidders proposed sub- Contractors and suppliers shall be subject to the approval of the Owner and the Architect.

8.0 FACTORS AFFECTING AWARD OF CONTRACT

The Bidders proposed sub-contractors and major suppliers adherence to Specifications, compliance with the Instructions to Bidders, together with the amount of the Bid, shall be vital elements considered in the award of the Contract.

9.0 OPENING OF BIDS

See Item 4.00 of the Invitation to Bid. Bidders are encouraged to come early since late comers will be automatically disqualified.

10.00 AWARD OR REJECTION OF BIDS

The Owner reserves the right to accept any proposal and to reject any or all bids and to waive informality or irregularity therein.

11.00 ACCEPTANCE OF PROPOSAL

The acceptance of proposal shall be a written approval of award within sixty (60) days after the Opening of Bids. No Bidder shall consider himself under the Contract until such notice has been issued and/or the Contract has been signed.

12.00 CHANGE ORDER

All proposed changes in construction shall be made on the Standard Change Order Form, a sample copy of which is attached herewith. No changes in the Contract shall be allowed unless authorized on this form.

13.00 REQUEST FOR PAYMENT

As provided for in the General Conditions (Section 00700) of the Contract, the Contractors payment request shall be subject to the review and approval of the Owner and the Architect.

14.00 CASH BOND AND BID BOND

Each proposal shall be accompanied by a Cash Bond in the form of Managers Check issued by a reputable banking institution , made payable to _______________________, in the amount of not less than five percent (5 %) of the Bid Price. Proposal shall become NULL and VOID if Cash Bond is addressed or dat5eddated incorrectly and if the amount is less than the required percentage.

The Cash Bond will be returned to unsuccessful Bidders within three (3) days after the proposals are opened, except those that the Owner elects to hold until the successful bidder is determined. The conditionally accepted bidder may replace his Cash Bond with a bond during the sixty (60) days guarantee period. Bid Bond shall be equal to the amount of the Cash Bond and issued by a bonding company approved of the Owner.

15.00 EXECUTION OF PROPOSAL AMDAND DAMAGES FOR FAILURE TO EXECUTE

The successful Bidder shall, within ten (10) days after the Owners written approval of award, enter into Contract with the Owner and shall commence work within ten (10) days after execution of the Contract. Failure to do so shall constitute a breach of the agreement and the Bidder/Contractor shall be liable to liquidate damages. The damages for such breach will include loss from interference with the Owners Construction Program and other items whose accurate amount will be difficult or impossible to compute. The Bid Bond shall be retained by the Owner as liquidated damages.

In the event that the Bidder, whose Proposal has been accepted, fails or refuses to execute the Contract as required, the Owner may, at his option, determine that such Bidder has abandoned the Contact,Contract, and thereupon, his Proposal and the acceptance thereof shall become NULL and VOID, ant and the Owner shall be entitled to liquidate damages, for this purpose, the Bid Bond shall be forfeited in favor of the Owner.

16.00 CONTRACTS, PAYMENTS AND PERFORMANCE BONDS

The right and obligations provided in the Contract shall become effective and bonding upon the parties only upon its execution. The Contract shall be executed in six (6) copies and shall be accompanied by a Performance Bond and a Payment Bond. Both the form of the Bond and the company issuing them shall be subject to the approval of the Owner. Bonds issued by companies not approved by the Owner will not be accepted. The costs of such Bonds shall be the obligation of the Contractor.

The performance Bond shall be in sum equal to thirty (30) percent of the Contract Price, conditioned for the faithful performance of the Contractor to its tenure and shall be enforced for a period of extending at least sixty calendar days beyond the contract period.

The Payment Bond shall be in a sum equal to thirty (30) percent of the Contract Price, conditioned for the satisfaction of obligations for the materials and labor employed upon the work.

17.00 ADDITIONAL SECURITY

Should any Surety Bond for the performance of the Contract become unacceptable to the Owner, the Contractor shall promptly furnish such additional securities as may be required from time to protect the interest of the Owner and persons supplying labor and/or materials in the prosecution of the work contemplated by the Contract.

18.00 RELEASE OF THE PERFORMANCE AND PAYMENT BONDS

The Contractors Payment Bond shall be released by the Owner upon submission of a complete release of liens arising out of this Contract, all receipts, and an affidavit that the release and receipt include labor and materials.

The Performance Bond shall be released by the Owner within five (5) days after Acceptance of the work and after the Contractor shall have furnished the Owner with a Guarantee Bond equal to twenty percent (20 %) of the contract Price. The Guarantee Bond shall be for the purpose of guaranteeing the material and workmanship supplied by the contractor for a period of one (1) year. The Guarantee Bond shall be issued by a bonding company approved by the Owner.

(Try to check where would the all risk insurance be inserted)


SECTION 00300BIDDERS PROPOSAL FORM


COMPANY/CONTRACTOR/FIRM: ________________________________________

BUSINESS ADDRESS: _________________________________________________

GENTLEMEN:

1.0 In accordance with your Invitation to Bid, for the complete construction of the above project and subject to the Plans, Specifications and other Contract Documents as prepared by the office of Architect Nathaniel J. Hernando, which in so far as they relate to this TENDER, are made part hereof, the undersigned hereby proposes to furnish all materials, labor, equipment, tools, transportation, services, licenses, fees, permits, and other items required to complete the project in the Total Bid Amount (Total Amount as shown below of ____________________________________________________________________________________________________________________________________(P __________________________)

Broken down as follows:

Bid ItemAmount

1. GENERAL REQUIREMENTSP

2. SITEWORKP

3. CONCRETE WORKS & REINFORCEMENT P

4. MASONRY WORKS P

5. METALSP

6. WOOD & PLASTICSP

7. THERMAL & MOISTURE PROTECTIONP

8. DOORS & WINDOWSP

9. FINISHES P

10. SPECIALTIESP

11. MECHANICALP

12.ELECTRICALP

Total Bid AmountP

2.0 ( I) have available, and will use the following equipment on this project at any time they are needed.

_____________________________ ___________________________ ________________________

_____________________________ ___________________________ ________________________

_____________________________ ___________________________ ________________________

3.0 For additional work not included in the Bid, we (I) agree to furnish all additional labor, materials and services required at cost, plus a fee of fifteen percent (15%) to cover overhead, Contractors tax and profit.

4.0 We (I) propose to start work within ten (10) calendar days from the date we (I) receive your letter of authority to commence work and will complete the same within a period of _______________________________________________________________________________(________________________) days including Sundays and holidays.

5.00 Cost of all export, national and local taxes, licenses and fees, building, sanitary, electrical, fencing permit, and final certificates required by the authorities, are included in the above proposal.

6.00 The undersigned agrees to furnish Performance Bond and a Payment Bond in accordance with the Instructions to Bidders.

7.00 Invitation to Bid dated _____________________________________________________________And Bid Bulletin Nos. _____________________________________________________________have been received.

8.00 We (I) have visited the site and are (am) aware and acquainted with the conditions as they exist and the facilities, difficulties, and restrictions affecting the performance of the work and that we (I) have completely examined the Plans and Specifications of the Owner and the Architect.

9.00 The complete proposal, all items required by Article 5, Section J of the Instructions to Bidders are attached herewith.

In Testimony hereof, the Bidder has hereunto set his hand this _______________day of _____________, 20___.

Respectfully submitted:

(If Bidder is an individual or Partnership)Name of Bidder / Partner : __________________________________________________Signature of Bidder / Partner: __________________________________________________Firm name: _______________________________________________________________

Address: ___________________________________________________________________PTR No.: __________________issued at _______________________on ______________Contactors License No. ______________________________ Res. Cert. No. _______________________issued at ____________________________ on ______________________Tax Identification No.:____________

Names and Addresses of Partners:

Name

Address

Name

Address

(If Bidder is a Corporation)

Name of Authorized Representative: ____________________________________________________Signature of Authorized Representative: __________________________________________________Firm Name : ________________________________________________________________________Address : ________________________________________________________________________

PTR No.: __________________issued at _______________________on ______________Contactors License No. ______________________________ Res. Cert. No. _______________________issued at ____________________________ on ______________________Tax Identification No.:____________

Names of Officers of the Corporation:

Name

Address

Name

Address


SECTION 00430SUB-CONTRACTOR LISTING


CONTRACTOR : __________________________________________ Bid Opening Date: __________

Division of WorkSub-Contractor ProposedLabor AmountMaterialsAmountTotalAmount

NOTE: Provide additional Sheet of same format if necessary.


SECTION 00450BID BOND FORM

KNOWN ALL MEN BY THESE PRESENTS:

That we _____________________________________________________________________________

of _______________________________________________________________________________, as

principal, and the _____________________________________________________________________

Corporation / Company, a corporation duly organized and existing under and by virtue of the laws of the Philippines as Surety, are held and firmly bound unto the in the sum of ___________________________

(Php __________________________________), for the payment of which sum to be truly made, we bind

ourselves, jointly and severally, by these presents.

WHEREAS, the above-bound Principal will submit a Bid on _____________ which, subject to all conditions of Contract, required of the Bidder a bond for the said Bid.

NOW, THEREFORE, the conditions of this obligation are such that if the above-bound Principal in case becomes the successful Bidder, and shall within 10 (Ten) days after receiving written Notice of Award, enter into a Contract with ______________________________________ or its duly designated representative(s) for the construction of the PROPOSED SIX STOREY BUILDING WITH BASEMENT, then this obligation shall be null and void, otherwise, it shall remain force and effect.

Designed at Cebu City Philippines this _______________ day of ___________, 20___.

_________________________________________________________________Corporation / Company

_________________________________________________________________PrincipalBy:_________________________________________________________________Surety

In the Presence of:

_________________________________________ _________________________________________

_________________________________________ _________________________________________

END OF SECTION 00450SECTION 00500CONSTRUCTION CONTRACT

KNOWN ALL MEN BY THESE PRESENTS:

This Agreement made and entered into this ________ day of _______________, 20___, by and between:

WITNESSETH:

That the parties hereto, for the consideration hereinafter named, hereby covenant and agree as follows:

ARTICLE I THE CONTRACT DOCUMENTS

That the instruction to Bidders, Contractors Proposal, General Conditions of the Contract, Technical Specifications, Plans, Bidders Bond Bulletins and/ or Addenda, as well as Drawings relating thereto on file in the office of the Architect, form the Contract and are hereby made hereto and acknowledged to be n integral part of this Contract Documents are signed by both parties.

ARTICLE II SCOPE OF WORKS

That the CONTRACTOR, in consideration of the payment to be made by the OWNER to the CONTRACTOR of the sum of money hereinafter named, shall construct/ perform and erect.

PROPOSED SIX STOREY BUILDING WITH BASEMENT- 85 OSMENA BLVD., CEBU CITY

Upon the site, in the manner and form shown on the Plans thereof and described in the Technical Specifications prepared by NATZ ARCHITECTURE SERVICES, hereinafter referred to as the ARCHITECT, and to satisfaction of the said Architect, Plans and Technical Specifications, as hereto attached and made a part thereof.

In the said construction, The CONTRACTOR, shall fully and faithfully perform all labor, furnish all tools, plants, equipment and all materials; and will do all things necessary for the proper construction and completion of all work shown and described by the Contract Documents.

ARTICLE III TIME OF COMPLETION AND SCHEDULE OF CONSTRUCTION

A. The work to be performed by the CONTRACTOR under this contract shall commence not later than _________________________________________________ and completion shall not be later than

_________________________________________________ unless an extension of time has been authorized and approved by the OWNER and the ARCHITECT in writing.

B. It is understood that time is an essential feature of this Contract and that upon failure of the CONTRACTOR to complete the work stipulated in this Contract within the time provided, the CONTRACTOR shall pay the Owner the sum of 1/10th of ONE (1) PERCENT of the Contract Price or PESOS: ____________________________________________________________________________________

________________________________________________________________ (P________________)Philippine Currency, (per diem) for each day of delay in the completion of the Contract, said payment to be made as liquefied damages, and not by way of penalty; and the OWNER may deduct form any sum due or to become due to the CONTRACTOR any accrued sum from liquidated damages as hereinafter stated, without need of any court action.

C. A preliminary punch list of any deficiencies shall be prepared by the Project Supervisor and submitted to the CONTRACTOR Ten (10) days before the date set for the completion of the work as stated in Article III A ( taking into consideration any time extension approved in writing by the OWNER and the ARCHITECT). All items in the preliminary punch list shall be completed prior to final walk-through and final punch listing.

D. The Contractors Ten Percent (10%) retention shall be retained by the OWNER until all items on the final Punch list are satisfactorily completed. If the CONTRACTOR shall refuse or fail to complete the final punch list within the time fixed by a written notice, the OWNER shall then have the right to use the Contractors ten percent (10%) retention amount to complete the same, and the balance, if any, shall be returned to the CONTRACTOR.

ARTICLE IV SCOPE OF WORKS

The OWNER, for and in consideration of the fulfillment of this Contract by the CONTRACTOR, in accordance with the provisions of the Contract Documents and subject to the additions and deductions provided therein, shall pay to the CONTRACTOR, to wit:

LUMP SUM: PESOS: __________________________________________________________________

____________________________________________________________ (P_____________________)Where the quantities originally contemplated are so changed during the progress of the construction, that application of agreed current unit prices to the quantity of the work performed is shown to create a hardship to the OWNER or the CONTRACTOR, there shall be equitable adjustment of the Contract to prevent such a hardship.

ARTICLE V PAYMENTS

The OWNER shall make payment on account of this Contract (not more than once a month ) based on the value of work accomplished less ten percent (10%) retention (regardless of the percentage of completion of the contract) and Expanded Withholding Tax (One Percent of the amount due), for the duration of the Contract.

As required by Philippine law, the Contractors Expanded Withholding Tax withheld from each payment to the CONTRACTOR shall be transmitted by the OWNER to the Bureau of Internal Revenue in favor of the CONTRACTORS Tax Account NO. ____________________________.

No payment shall be made unless Payment requests are on the prescribed form and bear the approval of the Architect.

The full and final payment, together with the Ten percent (10%) retention shall be paid to the CONTRACTOR as provided for and upon compliance of all requisites under Article 22, 11 of the General Conditions.

ARTICLE VI LABOR AND MATERIALS COST INCREASE

Increase in the cost of labor and/or materials due to government action or to any other factor shall be for the sole account of, and charged to the CONTRACTOR.

On the other hand, any decrease in the cost of labor and/or materials shall not affect the Contract Sum herein.

ARTICLE VII GUARANTEE

Unless otherwise specified under the individual specification headings, the CONTRACTOR hereby guarantees the work stipulated in this Contract, and shall make good any defect in materials and workmanship which makes itself evident within ONE (1) year after Final Acceptance of the work without prejudice to the provisions of Article 1723 of the Civil Code. The CONTRACTOR shall leave the work in perfect order upon completion and present the Final Certificates to the ARCHIOTECTARCHITECT promptly.

If in the opinion of the OWNER and the ARCHITECT, the CONTRACTOR has failed to act promptly in rectifying any defect in the work that appear within the period mentioned above, the OWNER and the ARCHITECT may, at their own discretion, using the Guarantee Bond amount for corrections, have the work done by another Contractor at the expense of the CONTRACTOR or his Bondsmen.

However, nothing in this section shall in any way affect or relieve the CONTRACTOR of his responsibility to the OWNER.

ARTICLE VII PERFORMANCE, PAYMENT, AND GUARANTEE BONDS

The CONTRACTOR shall, in accordance with section 16 of the Instruction to Bidders of the Contract Documents for this Project, furnish a Performance Bond in the form of a Surety Bond issued by any Insurance Company approved by the OWNER, in the amount of THIRTY Percent (30%) of the Contract Price or PESOS: ____________________________________________________________________________________

(__________________________) conditioned for the faithful performance and compliance with all the terms and conditions of this agreement as well as the Plans, Technical Specifications, General Conditions and other Contract Documents relating thereto, including payment of liquidated damages stipulated in paragraph B of Article III of this Contract. The CONTRACTOR shall also furnish Payment Bond in the form of a Surety Bond acceptable to the OWNER in the amount of THIRTY percent (30%) approved of the Contract price of PESOS: ____________________________________________________________________________________

_________________________________ ( P __________________________ ) to guarantee the payment of the wages of the laborers as required by the Labor Code and its implementing laws and regulations, and the settlement of all outstanding indebtedness for materials used, taxes, and all unpaid accounts in connection with this Contract.

Upon completion and sign-off of the final punch list work, the CONTRACTOR shall provide the OWNER with the Certificate of Final Completion issued by the ARCHITECT and shall simultaneously furnish a Guarantee Bond executed by the OWNERS approved Surety Company, in the amount of TWENTY percent (20%) or PESOS: ____________________________________________________________________________________

(P_____________________) conditioned upon the faithful compliance by the CONTRACTOR of the Guarantee stipulated under Article VII of this agreement.

Upon OWNERS receipt of the Guarantee Bond, the OWNER shall notify the respective bonding companies of the project completion and request cancellation of the Performance and Payment Bonds for this Project.

Should any Surety bonds for the performance of the Contract become unacceptable become unacceptable to the OWNER, the CONTRACTOR shall promptly furnish such additional securities as may be required from time to time to protect the interest of the OWNER and of persons supplying labor and/or materials in the prosecution of the work contemplated by the Contract.

ARTICLE IX INSURANCE OF THE WORK

The CONTRACTOR shall have the project insured for the full insurable value thereof against loss by fire, tornado, earthquake, tidal wave, typhoons, and like occurrences. (All risk insurance). The insurance policy shall be issued by an insurance company approved by the OWNER and shall be on file at the OWNERS office within TEN (10) days after signing the Contract. The insurance policy shall be made payable to the OWNER.

ARTICLE X VALIDITY OF THE CONTRACT DOCUMENTS

The validity, interpretation and construction of this Contract, with the exception of the Plans, Specifications, and General Conditions, shall be governed by the laws of the Republic of the Philippines. The decision of the ARCHITECT ofand the OWNER, NATZ ARCHITECTURE SERVICES, upon all matters affecting the works, and his interpretation of the Plans and Specifications, shall be binding upon both parties.

ARTICLE XI ADDITIONAL CONDITIONS

In addition to the foregoing terms and conditions, it is further agreed that:

A. The OWNER, ARCHITECT, and any persons authorized by them shall at all reasonable time have access to the building site, workshops of the CONTRACTOR, or other places where work is being prepared for the building for the purpose of checking the materials and equipment used on the project.

B.The CONTRACTOR shall furnish to the ARCHITECT all submittals for the latters approval. Said submittals, once approved, shall become the standard selection for building.

C. The CONTRACTOR shall submit to the ARCHITECT three (3) copies of his proposed Construction Schedule in Network Analysis System (PERT-CPM) within ten (10) days after signing of the Contract. The OWNER and the ARCHITECT shall have the right to evaluate the schedule and make necessary corrections or changes as needed.

D.If at any time, the CONTRACTOR exceeds the percentage weight of items in his Bid Proposal, the OWNER reserves the right, without need of court action, to cancel this Contract and complete this work on a Negotiable Contract basis with a Contractor of his choice.

E.UAP Documents 301 (General Conditions) is acknowledged to be part of this Contract. All the Conditions therein, in so far as they are not in conflict with any provisions mentioned in any of the foregoing or elsewhere in the Contract Documents as judged by the ARCHITECT, shall be complied with.

ARTICLE XII FINAL PAYMENT

Following the successful completion and Acceptance of the Contract Work by the OWNER, a final progress payment statement covering the balance of the amount due under the Contract shall be sent to the ARCHITECT for signature who shall in turn forward the certified final progress payment of the OWNER. The OWNROWNER shall then verify the statement and make any corrections or adjustments necessary to reflect liquidated damages or uncompleted work, if there be any, on the project. Final payment shall then be made by the OWNER on the above statements or amendments.

ARTICLE XIII CONTRACT COPIES

This contract shall be made and executed in six (6) copies.

IN WITNESS THEREOF the parties to this Contract have on this day in the first above given, hereunto set

their hands and seals at the bottom of this page and on the left hand margin of all other pages of this agreement.

OWNER CONTRACTOR

By: ___________________________________By: ________________________________

Signed in the presence of:

_________________________________________________________________________

A C K N O W L E D G M E N T

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF _______________)

CITY OF ____________________ )

Personally appeared before me:

Name:________________________________________________________________

Res. Cert. No.:________________________________________________________________

Issued on :________________________________________________________________

And

Name:________________________________________________________________

Res. Cert. No.:________________________________________________________________

Issued on :________________________________________________________________

Known to me to be the same persons who executed the foregoing Construction Contract, consisting of SEVEN (7) pages including this page, wherein this acknowledgment is written, signed by the parties and their instrumental witnesses on each and every page thereof and they acknowledge to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL at ____________________, Philippines, this _________day of ___________________________, 20___.


Countercheck stipulations for Site demolitions and relocation

SECTION 00700GENERAL CONDITONS

1.0DEFINITIONS

1.0CONTRACT DOCUMENTS

The Contract consists of the following documents, including all additions, deletions, and modifications, incorporated therein before the execution of the Contract.A.Agreement Section 00500 in its final/signed formB.General ConditionsSection 00700 including all referralsC.Specifications Division 00 to 16 of Project Manual D.DrawingsIncluding all revisions

1.02OWNER ____________________________, the company ordering the project execution, including duly appointed successors, or authorized representatives.

1.03ARCHITECT

Natz Architecture Services, a firm commissioned by the Owner acting personally or through assistants duly authorized in writing by the Architect to act on his behalf.

1.04ENGINEER

The person so named in the Contract Documents or his representative duly authorized in writing to act for an Engineer.

1.05PROJECT REPRESENTATIVEThe Full-time Construction Inspector if one should be so hired by the Owner duly authorized in writing to assist the Architect and Engineer in the supervision of the work.

1.06CONTRACTOR

The person or firm whose proposal has been accepted and to whom the Contract was awarded.

1.07SUB-CONTRACTORAnyone having a direct contract with the contractor who acts for or on behalf of the Contractor in executing any part of the Contract, not including one who merely furnishes materials without labor.

1.08SURETY

The person, firm or corporation who provides the guarantee for the Contractors Bonds.

1.10PROPOSAL BONDThe Cashiers 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 the Contract is awarded to him.

1.11PERFORMANCE BOND

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 of the Contract.

1.12PAYMENT BOND

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.

1.13GUARANTEE BOND

The approved form of security furnished by the Contractor and his surety as a guarantee to the quality of the materials and equipment installed and the workmanship performed by the Contractor.

1.14AGREEMENT

The contract between the Owner and the Contractor undertaking the project described in the Contract Documents including all supplemental agreements thereto and all special provisions pertaining to the work or materials therefore.

1.15ADVERTISEMENT or INVITATION TO BID

The notice published by the Owner or the invitations issued to prospective Bidders, giving information as to the nature of the Proposed Project, conditions for the issuance of contract documents, date of bidding, and estimated cost or information that would give the Contractor a general idea of the magnitude and extent of the project.

1.16BID BULLETIN

The additional information on Contract Documents issued to bidders before date of bidding.

1.17INTRUCTIONS TO BIDDERS

The list of instructions stipulating the manner on how bids are to be prepared and conditions for the award of contract.

1.18DRAWINGSThe graphical presentations of the work involved in the project. They include all supplementary details and shop drawings.

1.19GENERAL CONDITIONS

The printed documents stipulating the procedural and administrative aspects of the contract.

1.20SPECIAL PROVISIONS

The instructions which may be issued prior to the bidding to supplementary and/or modify Drawings, Specifications, and/or General Conditions of the Contract.

1.21SPECIFICATIONS

The written or printed descriptions of work to be done describing qualities of materials and mode of construction.

1.22SUPPLEMNENTARYSUPPLEMENTARY SPECIFICATIONS

The additional information which may be issued as an addition or amendment to the provisions of the Specifications.

1.23SCHEDULE OF MATERIALS AND FINISHESAn outline specification enumerating the type or trade names of materials to be used.

1.24BREAKDOWN OF WORK AND CORRESPONDING VALUE

A listing of the different parts of the work indicating in each part the corresponding value in materials and labor, including an allowance for profit and overhead.

1.25WRITTEN NOTICE

Written Notice means information, advice, or notification pertinent to the project delivered in person or sent by registered mail to the individual, form or corporation at the last known business address of such individual, firm or corporation.

1.26ACT OF GOD or FORCE MAJEURE

Includes an earthquake, flood, typhoon, cyclone and other cataclysmic phenomena of nature and all misfortune and accidents which human prudence can not foresee or prevent. Rain, wind, flood or other natural phenomena or 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 work resulting there form.from.

1.27TIME LIMITS

The duration of time allowed by the Contractor for the completion of the Project in any stipulated portions thereof.

1.28LOCAL LAWS

Pertains to all laws, ordinances and other government regulations applicable to the project and its undertaking.1.29 WORK

Includes labor or material, or both, as well as equipment, transportation, or other facilities of the Contractor or Sub-contractor necessary to commence and complete the construction called for in the Contract.

1.30FURNISH

The word furnish shall be understood to mean Purchase and/or fabricate and deliver to the jobsite or other location when so designated.

1.31INSTALL

The word install shall mean to build in, mount in positions, connect or apply any object specified ready for the intended use.

1.32PROVIDE

The words provide shall be understood to mean furnish and install.

1.33REQUIRED OR NECESSARY

The word require and/or necessary shall mean as required or necessary for the complete execution of that portion of the work.

1.34APPROVED, DIRECTED AND ACCEPTABLE

The words approved, directed, and acceptable, or words of like import shall mean approved, directed by or acceptable to the Architect unless otherwise stipulated in the Contract.

1.35SINGULAR 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 devices, items, or parts as are required to complete the work.

2.0 EXECUTION, CORRELATION AND INTENT OF DOCUMENTS

2.01SIGNATURE ON DOCUMENTS

The Contract Documents shall be signed in quintuplicate by the Owner and the Contractor duly witnessed.

2.02INTENT OF CONTRACT DOCUMENTS

The Contract Documents are complementary, and 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 a complete work that the Contract is to undertake to comply with the Contract. The intention of the Documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work.2.03CONFORMITY TO CONTRACT DOCUMENTS

All work shall conform to the Contract Documents.

a.If there would be 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 modifications thereof and the detailed Specifications requirements, the detailed Specifications requirements shall control.

b.Any discrepancies found between the Drawings and Specifications and the site conditions or any errors or omissions in the Drawings or Specifications shall be immediately reported to the Architect or Engineer, who shall promptly correct such discrepancies, errors, or omissions after his discovery. Any work involving such discrepancies shall be done at the Contractors Account.

c.Responsibility for adequacy of the design and for sufficiency of the Drawings and Specificationsshall be borne by the Owner. The complete requirements of the work to be performed under the Contract shall be set forth in the Drawings and Specifications to be supplied by the Owner through the Architect or Engineer or by Architect or Engineer as representative of the Owner. Drawings and Specifications furnished shall be in accordance with the Contract Documents and shall be the true accurate development thereof.

d.The Architect or Engineer shall furnish from time to time all additional detail drawings and instructions essential to the proper execution of the work. The Architect or Engineer shall furnish with reasonable promptness such additional detail drawings and instructions. All the additional drawings and instructions shall be consistent with Contract Documents, true development thereof, and reasonably inferable there from. All such additional drawings and instructions are to be considered of equal force as those which originally accompany the Specifications.

e.The Contractor and the Architect or the Engineer, if either one so requests, shall jointly prepare a schedule, subject to change from time to time in accordance with the progress of the work, fixing dates at which the various detail drawings will be required and the Architect or Engineer shall furnish them in accordance with that schedule. Under like conditions, a schedule shall be prepared, fixing the dates for the submission of shop drawings, for the beginning of manufacture and installation of material, and for the completion of the various parts of the work.

2.04CONTRACT DOCUMENTS AT SITE OF WORK The Contractor shall keep at the site of the work, in good order, one copy of all Drawings, Specifications, Breakdown of Work, Schedule of Construction of Work and including all instructions and graphs to be available to the Architect and his representative.

2.05OWNERSHIP OF CONTRACT DOCUMENTS

The Drawings, Specifications, and Models, including all additional instructions and copies thereof, furnished for this work by the Architect are the property 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 the Final Payment to the Contractor is made.

3.0DRAWINGS AND SPECIFICATIONS

3.01COPIES OF DRAWINGS AND SPECIFICATIONS

The Architect shall furnish the contractor free of change, five sets of drawings and Specifications necessary for the securance of building permits as required by the building official.

In addition, 2 sets of drawings labeled For Construction and 1 Set labeled For Modification shall likewise be furnished to the Contractor. One of the two (2) sets designated For Construction and the one designated For Modification shall be kept at the site at all times, preserved and protected from handling, damage and other hazards which may disfigure the documents. The set designated For Modification shall generally act as notations sheets for the immediate recording of any deviation in the plan or detail as they may necessarily occur in the course of the work. This set shall be the basis for the As-built plans and shall be returned to the Architect after the completion d the Work. All other copies of Drawings and Specifications as required by the Contractor will be furnished to him by the Architect at cost.

3.02COORDINATION OF DRAWINGS AND SPECIFICATIONS

All drawings are intended to be coordinated with the Specifications to from 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 shall be understood as though specially shown in both, without any extra charge.

3.03CLARIFICATION OF MEANING OF DRAWING AND 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, will be explained, and all directions and explanations necessary and proper to make more definite and certain any requirements of the Drawings (including notes thereon) or of the provisions of the Specifications and give them due effect, will be given by the Architect.

a.Should a conflict occur in or between Drawings and Specifications, the Contractor shall be deemed to have estimated the more expensive way of doing work unless he shall ask for and obtain a decision in writing from the Architect, before submission of proposals, as to which method or materials will be required. If, afterward, 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.b.If, in the Contractors opinion, any work indicate in the Drawings is specified in such manner as will make it impossible to produce a first class work, he shall refer the same to the Architect for interpretation before proceeding with the work. If the Contractor fails to make such reference, no excuse will thereafter be entertained for failure to carry out the most satisfactory manner.

3.04DISCREPANCIES IN DRAWINGS

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 latters 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.

4.0DETAIL DRAWINGS AND INSTRUCTIONS

See Section 01200: Detail and Shop drawings.

5.0SHOP DRAWINGS

See Section 01200: Detail and Shop Drawings.

6.0LAWS, REGULATIONS AND SITE CONDITIONS

6.01LAWS AND REGULATIONS

In general, the Contractor shall comply with all the laws, city or municipal ordinances, and all Building Codes, rules and regulations, in so far as they are binding upon or affect 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, rules regulations, and without such notice to the Architect, he shall bear arising there from.

6.02SITE 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 of the facilities and difficulties attending to the execution of the proposed contract, including local conditions and all other contingencies. Short of sub-surface exploration, the Contractor shall be responsible for identifying, verifying and measuring actual site dimensions, contour, natural grade, areas for demolition and clearing, and all other matters in so far as they may affect the scope of the work, and to consider such when he prepares his proposal. No extra compensation and extension of time will be given due to negligence or inadvertence of the Contractor.

7.0PERMITS, TAXES AND SURVEYS

7.01PERMITS 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 Contractor if specifically stipulated in the prior instructions of the Owner or the Architect.

The Contractor shall be solely responsible for the actions taken by him should be the construction is started 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.

7.02TAXES

Whenever the law of the place of building requires sales, consumer, use, or other similar tax related or pertinent only to the construction of the project, the Contractor shall pay such tax.

7.03CONSTRUCTION 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 pay for the cost of said services. All other grade, lines, levels, and benchmarks necessary for the prosecution of the work shall be established and maintained by the Contractor.

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.

b.The Contractor shall provide and maintain well-built batter boards at all corners. He shall establish benchmarks in not less than two widely separated places. As work progresses, he shall establish benchmarks at each floor giving exact levels of various floors.

c.As work progresses, the Contractor shall lay out exact location of all partitions as a guide to all trades.

7.04SERVICES OF LICENSED SURVEYOR

See Section 01300: Field Engineering

7.05FINAL CERTIFICATION

Final certification shall be submitted upon completion of work, or upon completion of any section of work, if required by the Architect, and before final payment is made. Any exception or deviations from the Drawings shall be noted on final certificate, and there shall be included maps, plots, notes, and the like necessary in the opinion of the Architect to constitute a full and complete report.

8.0EQUIPMENT AND MATERIALS

8.01GENERAL

All materials and equipment must conform to all laws, ordinances, regulations and building codes now or hereafter may be in force and applicable during the period of construction and the Contractor shall obtain the necessary permits and pay the required fees therefore to the proper authorities. The Contractor shall bear all damages by reason of any delay in the work arising from his failure to comply with the provisions of this clause.

9.0EQUIPMENT

9.01QUALITY OF EQUIPMENT

In order to establish the standards of quality, the Architect and the Engineer may have, in the detailed specifications, referred to certain equipment by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers with fully suitable design.a.The Contractor shall furnish the complete list of proposed substitutions prior to the signing of the contract, together with such engineering and catalog data as the Architect and Engineer may require.

b.The Contractor shall abide by the Architects and Engineers 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 furnished in writing by the General Contractor and not by individual trades or materials suppliers. The Architects and Engineer will approve or disapprove proposed substitutions in writing within a reasonable time. No substitute equipment shall be used unless approved in writing.

10.0MATERIALS, FIXTURES, APPLIANCES

10.01 MANUFACTURERS AND DEALERS

Names of proposed ,manufacturers, material men, and dealers who are to furnish materials, fixtures, appliances or other fittings, if not mentioned in the specifications shall be submitted to the Architect for approval as early as possible, to afford proper investigation and checking.

10.02SAMPLES OF MATERIALS

The Contractor shall promptly furnish for approval, samples as specified or specified or required. Work shall be in accordance with approved samples.a.Unless otherwise specified, three samples shall be submitted, and of adequate sizes as to show quality, type, color, range, finish and texture of the material.

b.Each sample shall be labeled, bearing the material name, date, project name, and other pertinent data.

c.A letter of transmittal in triplicate, from the Contractor requesting approval shall accompany all sets of samples.

d.Materials shall not be ordered until approval is received from the Architect.

10.03TRADE NAME MATERIALS AND SUBSTITUTEa.Whenever items or class of materials is specified exclusively by trade name, by manufacturers name or by catalog reference, only such items shall be used.

b.No substitution shall be made for any material, article or process required under the contract unless approved in writing by the Architect.

c.Material and articles installed or used without such approval shall be at the risk of subsequent rejections.

d.Samples of materials for use in reinforced concrete work such as steel bars, cement and aggregates and their certificates of origin are to be approved by the Architect.

10.04TESTING OF MATERIALS

The Contractor shall submit to the Architect as many samples as may be needed for purpose of testing. Testing of all samples shall comply with Specifications and government standards shall be performed by a competent entity or testing laboratory approved by the Architect. All costs for shipment, delivery, handling and tagging of samples are to be paid by the Contractor.

10.05QUALITY OF MATERIALS

Unless otherwise specified, all materials shall be new. The quality shall be of the best grade of their respective kinds for the purpose. 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 Contractors right to receive any payment hereunder.

10.06STORAGE AND STOCKPILING OF MATERIALS

All materials not conforming to the requirements of these specifications shall be considered as defective. Defective materials shall be removed from the field of work and from the site promptly. No defective materials, the defects of which have been subsequently corrected, shall be used until approval has been granted. Upon failure of the Contractor to remove the condemned material form site promptly, the Architect shall have the authority to cause their removal and replacement and to deduct the costs of such removal and replacement from any money due to the Contractor.

a.The apparent silence of the Specifications, Drawings, Special Provisions and Supplementary Specifications, as to any detailed description of quality shall be taken to mean that only the best general practice is to prevail and that only materials and workmanship of the best quality are to be used.

b.Failure or neglect on the part of the Architect to reject bad or inferior materials shall not be construed to imply acceptance of such materials if are discovered at any time prior to final acceptance of such materials are discovered at any time prior to final acceptance of the work by the Owner.

10.08MATERIALS REQUIRING LEAD TIME

The Contractor shall take cognizance of the time element of the Contract. He shall make early arrangements for the purchase and delivery of all materials that require lead time in order to avoid delay of the work. No extension of time or substitution of materials shall be allowed due to negligence or inadvertence of the Contractor to allow for lead time in the procurement of materials.

11.0OWNER SUPPLIED MATERIALS

12.0ROYALTIES AND PATENTS

The Contractor shall pay for all royalties and license fees on all patented materials and processes. He shall defend the Owner against all suits or claims for infringement of any patent and trademark rights and shall save the Owner from losses on account thereof.

13.0MANUFACTURERS DIRECTIONS

All manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used cleaned, and conditioned in accordance with the manufacturers printed directions, unless herein specified to the contrary. Where reference is made to the manufacturers directions, the Contractor shall submit a copy of such directions to the Architect.

14.0USE OF PREMISES

The Contractor shall confine his apparatus, storage of materials, and the operations of his workmen to the limits indicated by law, ordinances, permits or directions of the Architect and shall not unreasonably encumber the premises with his materials.

The Contractor shall not use permanent driveway for the transportation of construction material nor allow heavy equipment and trucks to pass over imbedded or underground pipes and utilities. Curbs and gutters, side permanent pavements and all permanent structures, shall be protected from damage.

The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety.

The Contractor shall not allow workmen or any other person not involved in the construction operations to stay, loiter or sleep on site.

15.0TEMPORARY STRUCTURES AND FACILITIES

15.01TEMPORARY OFFICES

The Contractor shall at all times provide and maintain adequate watertight temporary offices with water, light, telephone, and toilet facilities for the use of the Architect, resident engineers, inspectors, contractor and sub-contractors. These offices shall be provide with a wooden floor raised above the ground, windows, doors, and locks, tables, blackboard, tack board, benches and racks for drawings. One room of approximately 12m2 shall be provided with adequate air-conditioning for the Architects use.

15.02TEMPORARY WORKERS HOUSING

The temporary buildings for housing men or other forms of protection will be permitted only at such places as the Owner or Architect shall designate, and the sanitary condition of the premises and the grounds in or about such structures shall at all times be maintained. Cooking, sleeping or smoking within the building line shall be strictly prohibited.

15.03TEMPORARY SANITARY FACILITIES

The Contractor shall provide, construct and maintain for the duration of the Contract, ample sanitary toilets including adequate water connections for the use of the personnel and laborers. These facilities shall be provided with adequate devices for privacy and located at such points on site as to be convenient for use but out of the way of the work. The use of these sanitary at all times and, together with its connections, is removed prior to the completion of the project.

15.04TEMPORARY BARRICADES AND GUARD LIGHTS

The Contractor shall furnish and put up all temporary barricades and guard lights necessary for the safety and protection of workers on site. Guard lights at the top of false work towers, barricades, railings and other such safety devices shall be maintained by the Contractor throughout the duration of construction.

15.05TEMPORARY WATER, POWER AND TELEPHONE FACILITIES

The Contractor shall make all necessary arrangements with the local utility companies in order that temporary facilities for water, power, and telephone are sufficiently provided till the completion of work. All expenses in connection therewith and all expenses for consumption be paid by the Contractor.

15.06TEMPORARY SIGNS

No signs or advertisements will be put up on site without the Architects approval. The Contractor shall erect a billboard giving names and addresses of the Architect and his Design Engineers, the Contractors, and the various sub-contractors, the text, design, size, colors, lettering and location of which shall be approved by the Architect.

15.07TEMPORARY STAIRS, LADDERS, RAMPS, AND RUNWAYSThe Contractor shall furnish and maintain equipment such as temporary stairs, ladders, ramps, scaffolds, runways, derricks, chutes and the like, as required for the proper execution of the works by all trades. All such apparatus shall meet the safety standards and all requirements of the Labor Law and all other Laws applicable thereto.

15.08TEMPORARY ENCLOSURES

The Contractor shall provide temporary weather tight enclosures for all exterior openings as soon as walls and roof are built so as to protect all work from weather.

15.09REMOVAL OF TEMPORARY STRUCTURES

The Contractor shall remove all temporary work from the premises, and shall clean the premises as a condition for completing the work before acceptance by the Owner.

16.0PROTECTION OF WORK AND PROPERTY

16.01PROTECTION OF WORK AND OWNERS PROPERTYThe Contractor shall put up and continuously maintain adequate protection for all his work from damage and shall protect the Owners property, as well as all materials furnished and delivered to him by the Owner from damage or loss. He shall make good any such damage or loss except such as may be caused by agents or employees of the Owner due or those that may be considered as Acts of God.

a.The Contractor shall provide competent and reliable watchmen to guard the site and premises for the duration of the Construction until turn over. The Contractor shall provide locking devices on doors and openings as soon as the structure is ready to accept such devices and shall keep these under his control. In the event that the Architect deems the security arrangements inadequate or incompetent, the Contractor shall immediately address such inadequacy to the Architects satisfaction.

b.Smoking and open fires on site shall be strictly prohibited except in clearly designated areas, and signs to these effects shall be posted conspicuously.

c.The Contractor shall provide and maintain barrels of water and fire buckets on site for fire protection, which shall not be used for any other purpose.

d.The Contractor shall provide and maintain in good working condition an adequate number of the extinguishers.

16.01OLD MATERIALS

All old materials of value found by the Contractor on site, including old salvageable material from the demolition of existing structures on site shall be carefully stock piled by the Contractor. The Contractor shall be responsible for these materials until they shall have been removed from the site by the Owner or until final acceptance of the Work.

16.02TREES AND OTHER PLANTS

Existing trees, plants, shrubs, etc. which are to remain shall be boxed and otherwise protected from damage. No trees within the site or located outside the building lines shall be cut or removed without specific approval from the Architect.

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.

b.Damage to trees, plants, shrubs, streets, sidewalks, etc. resulting from construction work shall be made good by the Contractor at his own expense to the satisfaction of the Architect.

17.01PROTECTION OF ADJACENT PROPERTY AND EXISTING UTILITIES

17.01ADJACENT PROPERTY

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, shall be thoroughly and substantially braced against winds, floods, settling, falling, or like damage and when necessary, covered and protected from whether at the Contractors expense. The Contractor shall be liable and shall pay for all such damages caused by his work and by the acts or neglect of his agents, employees or workmen.

17.02EXISTING UTILITIES

Existing utilities if manageddamaged in the course of the work shall be restored by the Contractor at his own expense.

18.01PROTECTION OF LIFE, WORK AND PROPERT DURING CONSTRUCTION

The Contractor shall employ all means and devices to protect life and property during construction. For this purpose, he shall provide his workmen adequate safety equipment and shall institute a safety program to inform and instruct his workmen regarding standard safety procedures and practices and the use of safety equipment.

In an emergency affecting the safety of life or of the work or of adjoining property, the Contractor, without special instruction or authorization from the Architect or Owner is hereby permitted to act at his best discretion, to prevent such loss injury or damage, 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 or arbitration.

19.0LABOR

19.01CHARACTER OF WORKMEN

The Contractor shall employ only competent and efficient engineers, superintendents, foremen, mechanics, laborers, or artisans. Whenever, in the opinion of the Architect or the Owner, any employee is careless or incompetent, or obstructs 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 and not employ him in the work again.

Should the Contractor fail to remove unsatisfactory workmen or fail to furnish suitable and sufficient equipment or 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 complied with.

19.02SUPERINTENDENCE 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 at least once a week.

The Contractor shall keep in the project site, at all times during the works progress, a competent Project Engineer or Superintendent and any necessary assistants, all 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 prompt supply such materials, tools, plant, equipment, and labor as may be required.

20.0WORK

20.01METHODS AND APPLIANCES

The Contractor shall use such methods and appliances for the performance of all the operations connected with the work embedded under this Contract as will produce 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.

a.If, at any time before 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 orof their efficiency or improvement or character of methods and rate of progress as are called for in this Contract.

b.The Contractor shall, if required, furnish to the Architect for approval full information and satisfactory evidence as to name of the manufacturer or machinery, mechanical or other pertinent information.

20.0LAYING 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, bench marks, etc. placed by the Contractor inlaying out the work, 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 shall be replaced by the Contractor at his own expense.

20.03INSPECTION OF WORK

The Owner, Architect and their representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and for inspection.

a.If the Technical Specifications, the Architects 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 required to make the inspection, timely notice of its readiness for inspection, and the date fixed for such inspection. Inspections by Architect shall be promptly made and where practicable, at the source of supply. 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 Contractors expense.

b.Re-examination of questioned work may be ordered by the Architect and if so ordered, the work must be uncovered by the Contractor. If such work be found not in accordance with the Contract Documents, the Contractor shall pay the cost of removal, repair and corrective reconstruction.

c.The Contractor shall furnish promptly 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 inspections and tests shall be performed in such manner as not to unnecessarily delay the work.

d.If there are indications that the work done are not in accordance with Plans and Specifications, the Architect may at any time before final acceptance of the entire work make an examination of the work already completed. By removing or tearing out same, the Contractor shall on 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 sub-contractors, the Contractor shall defray all the expense 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, if completion of the work has been delayed thereby, be granted a suitable extension of time on account of the additional work involved.

20.04DEFECTIVE WORK

Defective work may be condemned by the Architect at any time before the final acceptance o the work, and when such work has been condemned, it shall be taken out immediately by the Contractor and rebuilt in accordance with 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 acceptance of the work of the same if such bad or inferior work is discovered at any time prior to final acceptance of the work by the Owner and the release of the Contractor.

20.05WORKS 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 all cases he shall notify the Architect and the Engineer of the emergency as soon as practicable, but he shall not wait instructions before proceeding to properly protect both life and property.

20.06INCREASED 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 the resulting overruns or under runs from 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.

20.07CHANGES IN THE WORK

a.CHANGES ORDERED BY OWNER: The Owner or Architect matmay at any time, without invalidating the Contract and without notice to 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 thero0f.therof. Such changes shall be ordered by the Owner or Architect 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.

b.CHANGE OF SUB-SURFACE CIONDITIONS:CONDITIONS: If during the progress of work, sub-surface conditions at the site are materially different from those shown on the Drawings or indicated in the Specifications are discovered or encountered, 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, at the approval of the Owner , make such changes in the Drawings and Specifications as he may find necessary.

c.ADJUSTMENT OF CONTRACT: All such changes shall be executed under the conditions of the original contract. If such changes cause an increase or decrease in the amount due under the Contract, or in the time required for its performance, an equitable adjustment shall be made and the Contract shall be modified in writing accordingly. The express consent of the sureties shall be obtained in writing. In the event that the work involved was increased by such changes, the Contractor shall furnish proportionate additional bond.

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 25 % of original Contract of the particular work involved.3.By actual direct cost plus fifteen percent (15%) for Contractors profit, overhead and Contractors 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 (15%) allowance of overhead and profit, due the Contractor.

e.PERIOD FOR WHICH CLAIM FOR ADJUSTMENT HAS TO BE ASSERTED: Any claimed for adjustment involving questions of fact must be asserted within fifteen days from the date the change is ordered unless the Architect shall for proper cause extend such time. Except as otherwise specially 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. Noting, however, as provided for in Article 20.07, shall excuse the Contractor from proceeding with the prosecution of the work so changed.

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.

g.AWARD OF EXTRA WORK TO OTHER CONTRACTOR: 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 any other person, firm, or corporation than said Contractor.

20.08CLAIMS FOR EXTRA COST

If the Contractor claims that any instructions by Drawings or otherwise involve extra cost under this Contract, he shall give the Architect written notice thereof within fifteen days after the receipt of such instruction and in any event, before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided for in Article 20.05 (Work During an 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 Contractors work, delayed decisions and other matters related thereto, he shall give the Architect written notice thereof within fifteen 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.

20.09CLEANING UP AT COMPLETION WORK

The Contractor shall at all times, keep the premises free from accumulation of waste materials or rubbish caused by his employees or his works. At the completion of the work, he shall remove all such rubbish from and about the building, and all his tools, scaffolding and surplus materials, and turn over the work for occupancy with.

a.All dirt, stains, and the like on all finishing of floors, walls, and ceiling, decorative work, finishing hardware and fixtures, removed;

b.All woodwork, finishing hardware and all metal works, cleaned and polished;

c.All glazing, marble and tile work, washed and polished.

d.All toilet fixtures washed and cleaned.

The Contractor shall also clean the building site and all areas which the Contractor shall have used in the construction of the project. At no time shall any rubbish by thrown from windows or other parts of the building without the use of rubbish chutes.

20.10USE 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; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. Neither 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 increases the cost of or delays the completion of uncompleted work or causes refinishing of completed work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as agreed upon prior to the occupancy.

20.11CERTIFICATE 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. 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 in the Contract, the Architect shall issue a Certificate of Completion for 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 satisfaction of the Architect sndand occupied or used by the Owner. In all cases, prior to the issue of the 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 of Faults are defined in Article 20.12 hereof.

20.12PERIOD OF MAKING GOOD OF KNOWN DEFECTS OF FAULTS

The expression Period of Making Good of Known Defects or Faults shall mean period of not more than sixty (60) calendar days, unless otherwise expressly stated in the Contract, calculated from the date of issue of the Certificate of Completion of the whole or any apart thereof, in accordance with Article 20.11.

20.13MAKING GOOD OF KNOWN DEFECTS OR FAULTS

The Contractor shall execute at his expense all works necessary for making good of known defects, imperfections or faults within the period of sixty (60) days after the issuance of the Certificate of Completion or within fifteen (15) days after 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 Owners representative in their occupancy of the structure or parts of it, the value of such work shall be ascertained and paid for as if it were additional work.

If the Contractor shall fail to do any such work aforesaid, the Owner shall upon written notice to the Contractor be entitled to carry out such by his own workmen or by other contractors, and if such work which the Contract should have carried out is at the Contractors cost, the Owner shall be entitled to recover from the Contractor the cost thereof, or may deduct the same from any monies due or may become due to the Contractor.

20.14SEARCH FOR CAUSES OF DEFECTS OF FAULTS

Project Manual01 Final

Documents

summary of materials

basic electrical materials

end of table

concrete curbs

concrete formwork

concrete reinforcement

wood doors

construction contract