Professional Documents
Culture Documents
UAP DOC 301 - General Conditions
UAP DOC 301 - General Conditions
CONDITIONS
1
ADVERTISEMENT/ INVITATION TO BID – notice or invitation issued to
bidders giving information of the magnitude and extent of the project, nature, etc.
BID BULLETIN – additional information on contract documents
INSTRUCTION TO BIDDERS – list of instructions on preparation &
conditions for award of contract
DRAWINGS – graphical representation of work
GENERAL CONDITIONS – printed documents stipulating procedural and
administrative aspects of the contract
SPECIAL PROVISIONS – instructions that supplement or modify
drawings, specs, & general conditions of the contract.
SPECIFICATIONS – written or printed description of work describing
qualities of materials and mode of construction
SUPPLEMENTARY SPECS – addt’l info issued as an addition or
amendment to provisions of specs.
SCHEDULE OF MATERIALS AND FINISHES – outline specs
enumerating type and trade names of materials used
BREAKDOWN OF WORK AND CORRESPONDING VALUES – list of
work and corresponding value in materials & labor including profit and overhead
allowance.
WRITTEN NOTICE – info, advice or notification pertinent to the project
ACT OF GOD/ FORCE MAJEURE – catastrophes, phenomena of nature,
misfortunes and accidents which human prudence cannot foresee or prevent.
TIME LIMITS – duration of time allowed by the contract for project
completion
LOCAL LAWS – laws, ordinances, and government regulations applicable
to the project
WORK – includes labor and materials, equipment, transportation, faculties
necessary for completion of the project
FURNISH - “purchase and/or fabricate and deliver to the jobsite”
INSTALL – build in, mount in positions, connect or apply
PROVIDE – “furnish and install”
2
Contractor shall keep a copy of all drawings, specs, breakdown of work,
and schedule of constructions work, instructions at the site.
Drawings, specs, and models are property of the architect and are to be
returned at completion of work and before final payment to the contractor is
made
.
3
Contractor shall submit 3 sets of prints of shop drawings to the architect
for approval. 1 copy shall be returned to the contractor with necessary
corrections.
1. Contractor shall make corrections and resubmit until approved by
the architect.
2. Contractor shall insert date of approval on tracings and furnish the
architect with 3 additional prints of approved drawings.
3. No work be done without architect’s approval.
4. Contractor shall mention specific variations of shop drawings from
contract documents in his letter of submittal.
Contractor is responsible for accuracy of shop drawings.
5
Quality of materials used shall be of best grade and new otherwise
specified.
Contractor shall provide space for subcontractors’ storage and work force.
All materials affected by moisture shall be stored and protected from the
weather.
Moving materials will be done at the contractor’s expense.
Defective materials or materials not conforming to specs shall be used
upon approval. The architect shall have the authority to remove or replace such
deducting the cost from the contractor.
Contractor shall pay for royalties and license fees on patented materials
furnished by him.
All materials shall be applied and installed following the manufacturer’s
directions.
7
· Stakes, benchmarks placed by contractor shall be gradually preserved and
maintained by the Contractor. If such are displaced or damage due to neglect,
the contractor must replace them at his own expense.
· The owner, architect and representatives shall have access to work for
inspection. Contractor shall provide proper facilities for access and inspection.
1. The contractor shall give the architect and party a notice of its readiness for
inspection. If work should be covered up without approval, the architect may
uncover it for examination at contractor’s expense.
2. Re-examination of work may be ordered by the architect and uncovered by the
contractor. If work is found not in accordance with the contract, the contractor
shall pay for the cost.
3. Contractor shall furnish promptly without additional charge all facilities, labor,
and materials necessary for safe inspection without delaying schedule of work.
4. The architect may examine work already completed before final acceptance. If
work is found defective due to contractor’s fault, he shall defray all the expenses
of such examination and satisfactory reconstruction. If work is found to be
satisfactory, actual cost of labor and materials in examination plus 15% shall
be allowed the contractor and granted extension time on account of additional
work.
Contractor shall perform any work during an emergency. He may inform
the architect and engineer of the emergency as soon as practicable.
Adjustment of drawings to suit field conditions may be necessary during
construction. The contract recognizes the essence of this as long as resulting
overruns and underruns do not exceed 5%. Discrepancies shall be submitted
immediately to the architect before adjustments.
The owner may at any time change or alter by adding or deducting from
work without invalidating the contract by stating the changes to be made in
writing.
If sub-surface conditions that are different from that on the drawings are
discovered, the architect must be informed immediately. He must investigate and
make the necessary changes in the drawings and specs.
If changes in work ma cause an increase or decrease in the amount due,
the contract shall be modified in writing and the contractor shall furnish
proportionate additional performance bond.
Value of extra work shall be determined by the following:
1. Estimate and acceptance in lump sum
2. Unit prices stipulated in contract provided that the extra does not
exceed 20% of the original contract details.
3. Actual direct cost plus 15% for contractor’s profit, overhead and
contractor’s tax. Contractor shall present a correct account of costs with
vouchers. The architect will certify the 15% allowance for overhead and
profit of the contractor.
Claim of adjustment must be asserted within 15 days from date of the
order of change unless architect will extend the time.
Architect shall have the authority to make minor changes in the work not
involving extra cost.
Owner reserves to right to employ other persons to perform the extra work.
If any instructions in drawings involve extra cost, the contractor will inform
the architect through written notice within 15 days after the receipt of such
instruction. If delays incur in mobilization of work, the contractor must give the
8
architect a written notice within 15 days after recognition of delay and proceed
to claim the extra cost.
Contractor shall keep the premises free of waste materials from the
accumulation of work. After the work is completed, he shall remove all his
rubbish, scaffolding, surplus materials and turn over the work to the occupants
with:
1. All dirt, stains from floors, walls, ceiling, etc. removed.
2. All woodwork, hardware and metalwork cleaned and polished.
3. All glazing, marble and tile work washed and polished.
The owner has the right to use the completed portions of the work
regardless of the time of completion of work.
Upon notice of completion of work from the contractor, the architect shall
immediately inspect the project. If the work is substantially complete (not less
than 98% is finished), the architect shall issue a certificate of completion of
work in respect to the work.
Prior to the issuance of the certification of completion, the contractor must
execute a written undertaking to finish any work during the period of Making
Good of Known Defects or Faults (period of not more than 60 days).
The contractor shall execute at his own expense all work necessary for
making good of known defects within the period of 60 days after the issuance
of the certificate of completion or within 15 days after its expiration as a
result of the inspection by the architect. If the owner is responsible for the defect,
the value of work will be regarded and paid for as additional work.
The contractor shall search for cause of any defects and faults in the
project. If the cause of the defect is something the contractor is not liable for, the
owner will pay for the cost of work carried out by the contractor. But if the cause
binds the contractor liable, the cost of searching, repair, rectification and make
good of such defect shall be borne by him.
ARTICLE 21: TIME OF COMPLETION OF WORK
Written notice to proceed work shall be given to the contractor following
the execution of the contract agreement.
Contractor shall complete all the work contracted in the time stated.
Computation of the contract time shall commence on the 7th day from receipt of
the notice to proceed.
Contractor shall submit the schedule of work in CPM form or any form
acceptable to the architect, indicating the approximate dates each item will be
started and completed, for approval.
Contractor will be allowed an extension based on the following reasons:
1. Delay due to the employees of the owner and the owner himself, act of god or
force majeure, delay by the architect pending arbitration, the contractor
shall within 15 days from the occurrence of such delay file the necessary
request of extension for the approval of the architect. No extension of time shall
be granted for failure of owner to furnish materials unless they be required for
proper execution of work or contractor shall have made request for them 10 days
before they are actually needed.
2. Written consent of bondsmen must be attached to any request for extension
and submitted to the owner.
3. If there is increase in work and the contract time is unreasonably short, the time
allowance for extension and increases shall be agreed upon in writing.
9
4. If no schedule or agreement stating upon which drawings shall be furnished is
made, then no claim for delay shall be allowed on the account of failure to furnish
drawings until 2 weeks after demands for such drawings.
5. If work is interrupted for any reason, it must be resumed on the removal of the
cause of delay.
6. Contractor shall submit written notice to the architect at least 10 days prior to
beginning, suspending or resuming the work to the end that the architect may
make preparations for inspection without delaying the work. All delays resulting
from failure of the contractor are the contractor’s risk. All extra costs due to such
delay will be deducted from the final payment.
If failure to complete work at the said contract time, the contractor will pay
the owner the liquidated damages in the amount stipulated in the contract
agreement.
ARTICLE 22: PAYMENTS
The contractor shall, within 15 days from receipt of notice to proceed,
submit a complete breakdown of work and corresponding value for approval and
will be used as basis for all requests for payment.
The contractor shall submit a request for payment for work done, not more
than once each month. Each request shall be computed from the work completed
on all items listed in the breakdown of work, less 10% retention. When 50% of
the contract has been accomplished, no retention shall be made.
The contractor, at his own expense, shall furnish the architect progress
photographs which shall be taken monthly.
1. Photograph size shall be 6” by 8”. Four exposures shall be taken (2
copies for each exposure = 8), a total of 8 prints to be delivered to the
architect, and all negatives bearing the date of exposure and name of
work.
2. No partial payment may be considered for approval without the
pictures accompanying request for payment.
15 days upon receipt of the request for payment, the architect shall
either issue a certificate of payment or withhold the request and inform the
contractor in writing the reasons for withholding it. The certificate of payment
shall include the value of work accomplished during the period of time covered by
the certificate.
The architect may recommend withholding of payment on any of the
following:
1. Defective work not remedied.
2. Reasonable evidence indicating probable filing of claims.
3. Failure of contractor to make payments to sub-contractors or for
material and labor.
4. Reasonable doubt that the contract can be completed for the
balance then unpaid.
5. Damage to another contractor.
The architect shall estimate the value of work using the breakdown of work
and corresponding values as a basis. Estimates of the architect are considered
final and conclusive evidence of the amount of work performed and shall be
basis for the full measure of the compensation of the contractor, but bear in mind
that the estimates are approximate only.
Within 15 days from the date of approval of a request for payment
and issuance of certificate of payment, the owner shall pay the amount as
10
certified, or such other amount he deems is due the contractor informing both the
contractor and architect in writing his reasons for paying the amended amount.
The contractor shall pay promptly his workmen, materials and equipment
used, taxes and remit all amount withheld from salaries and wages of his
employees. If required by the owner, the contractor shall swear before an officer
duly authorized to administer oath that all persons who have done work and all
materials furnished have been paid for.
No payments shall be made in excess of 65% of the contract
price unless a notarized statement is submitted by the contractor to the effect
that all bills for labor, other than current wages, and bills for materials have been
paid.
The contractor shall promptly remove from the premises all work
condemned by the architect as failing to conform to the contract. He shall replace
and re-execute his own work in accordance to the contract documents at his own
expense.
The contractor shall submit the following before final payment is made:
1. Certificate of final building occupancy
2. Certificate of final inspection of utilities
3. Original and 3 sets of prints of “as-built-drawings” of electrical,
sanitary, gas, telephone and mechanical works.
4. 3 copies of directory of panel boards and list of circuits.
5. 3 copies of instructions and manual for operating fixtures and
equipment.
6. 3 copies of keying schedule.
7. Guarantee bond equivalent to 30% of the contract price
covering a period of 1 year after the final acceptance of the work.
The architect shall proceed to verify the work, make final estimates, certify
the completion of work and accept the same.
1. The owner shall then pay the contractor the remainder of the fee
provided that the final payment of the contract shall not be made until the
contractor has submitted a sworn statement showing that all taxes due
from him, all materials and labor have been duly paid.
2. The making and acceptance of the final payment shall constitute a
waiver of all claims by the contractor.
The final certificate of payment nor any provisions may relieve the
contractor of responsibility for faulty materials. He shall remedy defects and
pay for the damage, which will appear within a year’s period from date of
acceptance of work by the owner.
No provision may limit the contractor’s liability to defects.
The owner shall give notice of observed defects with reasonable
promptness. All questions shall be decided by the architect whose decision shall
be subject to arbitration.
The amount retained by the owner shall be released 3 months after the
date of the final payment.
SECTION 7: CONTRACTOR-SEPARATE
CONTRACTOR-SUB-CONTRACTOR RELATIONSHIP
ARTICLE 23: SEPARATE CONTRACTS TO OTHER CONTRACTORS
11
Owner reserves the right to let other contractors in connection to the work.
ARTICLE 24: CONTRACTOR-SEPARATE CONTRACTORS RELATION
The contractor shall provide other contractors the opportunity for
introduction and storage of materials and shall properly connect and coordinate
his work with theirs.
The contractor shall do the cutting, patching and fitting required of his work
and must be fit to be received by work of other contractors.
Any cost caused by defective work shall be born by the party responsible.
The contractor shall not endanger any work by cutting, etc. or cut and alter any
work done by the sub-contractor without the architect’s consent.
The contractor shall promptly inform the architect of any defects done by
the sub-contractors. His failure to inspect and report shall constitute an
acceptance of proper execution of work by the sub-contractor.
Should the contractor cause any damage of the work done by the sub-
contractors, both parties will settle as such by an agreement and relieve the
owner of any liability, which may arise there from.
ARTICLE 25: SUB-CONTRACTS
At least 15 days prior to the date of bidding, the contractor shall seek the
architect’s clarification as to which particular areas for which the competence of
the sub-contractor shall be subject to evaluation by the architect where after, the
contractor may submit a list of prospective sub-contractors for the architect’s
approval.
The contractor is responsible for the acts of his sub-contractors and
persons directly employed by them.
ARTICLE 26: CONTRACTOR-SUB-CONTRACTORS RELATIONS
The contractor agrees:
1. To be bound to the sub-contractor by all the obligations assumed by
the owner to the contractor under the contract documents.
2. To pay the sub-contractor, upon the payment of certificates.
3. To pay the sub-contractor, to such extent as may be provided by the
contract documents.
4. 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.
5. To pay the sub-contractor adjust share of any fire insurance money
received by the contractor.
6. To make no demand to the sub-contractor for liquidated damages or
penalty for delay in any sum in excess of the amount stated in the sub-
contract.
7. To give the sub-contractor an opportunity to be present and to
submit any evidence in any arbitration involving his rights.
The sub-contractor agrees:
1. To be bound to the contractor by the terms of agreement in the contract
documents and to assume toward him all obligations assumed to him by the
owner.
2. To submit to the contractor application for payment in such reasonable time as
to enable the contractor to apply for payment.
3. To make all claims for extensions, extras, and for damages for delays to the
contractor.
12
The contractor and sub-contractor agree that their rights and obligations
and all procedure shall be analogous to those set forth in the contract.
13
1. Total daily liquidated damages until the date the owner takes over
work.
2. Excess cost incurred by owner in completion of the project over the
contract price, which includes administrative services, supervision and
inspection.
15