A PROPOSED THREE-STOREY MIXED-USE BUILDING WITH BASEMENT

SGT. RIVERA ST., A. BONIFACIO AVE., QUEZON CITY

SECTION 00040
GENERAL CONDITIONS

PART 1. DEFINITIONS

1.1. PROJECT shall mean A PROPOSED THREE-STOREY MIXED-USE BUILDING WITH

BASEMENT located at Sgt. Rivera St., A. Bonifacio Ave., Quezon City.

1.2. Project Manager (PM) shall mean the primary authorized representative of the
Owner and is Responsible to him. Construction Manager (CM) shall mean
who is the secondary authorized representative of the Owner to over see the
prosecution of this contract work, starting either directly or thru properly
authorized agents, such agents acting within the scope of the particular
duties assigned to them. He will be responsible to the Owner thru the Project
Manager / Architect.

1.3. Project Technical Group (PTG) shall mean the Management Group
composed of the PM, the Architects, the Engineers, and the Consultants. They
shall be responsible to the Owner.

1.4. The Contractor shall mean the person, company or firm whose proposal has
been accepted by the Owner and includes his personally authorized
representative, successors or permitted assignees. He is responsible to the
Owner thru Architect / Project Manager.

1.5. Sub-Contractor or supplier shall mean any person, firm or corporation entering
into agreement with the Contractor for the performance of the Contractor's
obligation or any part thereof under the contract. He is responsible to the
Owner thru the Architects / Project Manager.

1.6. Contract shall mean the written agreement entered into by the Owner and
the Contractor for the performance of work shown on the drawings and as
described in the Specifications including the information for bidders, the
proposal, and all bid documents issued by the Owner prior to the opening of
bids.

1.7. Specifications shall mean written or printed description of work to be done

describing qualities of materials and mode of construction.

1.8. Drawings shall mean the drawings issued together with specifications to
prospective bidders, showing the location, characteristics, extent, form and
details of the work to be done under the contract.

1.9. Approved means approval in writing including subsequent written information

of previous verbal approval. "Approval" shall also mean the same thing above
mentioned.

PART 2. INTENT OF SPECIFICATION AND DRAWINGS

2.1. It is the intent of the specifications and drawings that all materials, labor, tools,
equipment, and plant and services, supervision which are required to fully
complete the work as shown and specified therein are to be done so by the
Contractor.

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 A PROPOSED THREE-STOREY MIXED-USE BUILDING WITH BASEMENT
SGT. RIVERA ST., A. BONIFACIO AVE., QUEZON CITY

2.2. Bidders shall examine the plans very carefully, the contractor will be not be
given any extra payment in case he will discover any discrepancy on the plan
during the progress of the work.

2.3. Should anything be omitted from the drawings necessary for the proper
construction of the work herein described, it shall be the duty of the
Contractor to notify the Project Manager (PM) or (CM) before he signs the
Contract.

2.4. However, in the event the Contractor fails to give such notices, he shall make
good any defect or damages in his work called thereby by such failure
without extra charge.

PART 3. RELATIONSHIP BETWEEN THE SPECIFICATIONS AND DRAWINGS

3.1. The Specifications and drawings are mutually complementary. What is noted
in one although not shown in the others shall be considered contained in all.
In case of conflict, the Working Drawings shall prevail over the Specifications.

3.2. Should there be any discrepancy between Architectural Plans, Structural

Plans, Plumbing Plans and Electrical Plans, Architectural Plans shall govern.

PART 4. CONFORMITY WITH PLAN AND ALLOWABLE DEVIATIONS

4.1. Finished surfaces in all cases shall conform to lines, grades, dimensions and
adjustments shown on the approved plans, except as modified by written
orders. Any deviations from the plans, specifications and approved working
drawings that may be required by the extingencies of construction or
otherwise, will in all cases be determined by the Architect/Engineer and in
writing with the approval of the Owner.

PART 5. CLEANLINESS, SANITARY, CANTEEN, & FIRE PROTECTION PROVISIONS

5.1. The General Contractor shall be responsible for maintaining the general
cleanliness and sanitation of the site and shall undertake cleaning of site and
removal of construction debris throughout the entire construction period,
including incidental debris brought about by other sub-contractors in direct
contracts with the Owner.

5.2. The Contractor shall provide temporary water facilities and cost of water
consumption for the entire project including use by parties in direct contract
with the Owner shall be considered by the General Contractor in his bid.

5.3. The Contractor shall provide temporary toilet facilities. The Contractor's
employees and men shall use designated comfort rooms within the
construction site and he shall be responsible for clean up of such comfort
rooms upon leaving the place of work each day and after completion of the
project.

5.4. The Contractor shall be responsible in putting up and maintaining canteen for
his personnel.

5.5. The Contractor shall provide as many portable fire extinguishers deemed
necessary while performing the work.

5.6. The Contractor shall take extra care in the storage of flammable materials.

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 A PROPOSED THREE-STOREY MIXED-USE BUILDING WITH BASEMENT
SGT. RIVERA ST., A. BONIFACIO AVE., QUEZON CITY

5.7. There shall not be smoking, cooking nor eating allowed at the jobsite. Eating
and smoking shall only be allowed at a designated area, and the Contractor
shall be responsible for proper clean up thereafter.

5.8. The General Contractor shall hire professional janitorial cleaning services prior
to turnover of the project. However, he shall do his own in-house cleaning
everyday including removal of debris.
5.9. Proper cleaning methods shall be observed such as avoiding acidic cleaning
solutions in contact with glass, mirrors, aluminums and stainless steels and other
acid-sensitive materials.

5.10. The General Contractor shall be responsible for the loss, damage, and/or
discoloration of any materials due to improper cleaning.

PART 6. SOIL INVESTIGATION

6.1. It is the duty and responsibility of the Contractor to conduct soil investigation
of least two holes 25 m. deep on the existing site for the approval of Structural
Engineer prior to the start of construction.

PART 7. REFERENCE LINES AND ELEVATIONS

7.1. The Contractor shall engage a registered surveyor at his own expense to set
out the building line and grade and relocate boundary corners. The Architect
shall be furnished with three (3) copies of the survey plan duly certified by the
Surveyor.

7.2. The Contractor shall prepare actual site drawings for approval by the
Architect. If there is any discrepancy between the plan and actual site
condition, the Contractor shall immediately call the attention of the Architect
to this matter. The Contractor shall be responsible for the correct setting-out of
the building.

7.3. The Elevation of the building will be subject to change ± 0.50m according to
the actual site condition. Elevation reference shall be approved by the
architect prior to start of construction.

7.4. The Contractor shall establish stakes, making lines and elevations required for
constructions work, referred from reference points and elevations pointed out
by Engineer / Architect. The Contractor shall be responsible for maintaining
the correct alignment and position of these stakes as required by the Engineer
throughout the life of the Contract. The Contractor shall use surveyor transit in
determining all control lines and elevations required for the construction work.

PART 8. MATERIALS AND EQUIPMENT INCORPORATED IN THE WORK

8.1. All materials and equipment to be incorporated in the work shall be new, of
current manufacture and conforming to the requirements of the drawings
and the specifications. The Project Manager may require presentation by the
Contractor of the manufacturer certificate prior to its incorporation into the
work.

8.2. Mere Inspection, acceptance and certification for payment of any

equipment or materials as part of the work which are found defective or non-

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 A PROPOSED THREE-STOREY MIXED-USE BUILDING WITH BASEMENT
SGT. RIVERA ST., A. BONIFACIO AVE., QUEZON CITY

comply after inspection does not release the Contractor from the
responsibility of replacing or repairing it at his own expense.

PART 9. SUPERINTENDENCE AND SUPERVISION

9.1. The Contractor shall assign a competent Project Engineer and necessary
assistance satisfactory to the Project Manager / Construction Manager and
Project Technical Group. The Superintendent shall represent the Contractor
at his absence, and all directions given to him by the Project Manager /
Construction Manager shall be as binding as if given to the Contractor.

9.2. The supervising engineer shall also include in his work the duties of concrete
inspector as required by the local authorities.

9.3. For this purpose, the Contractor shall, before award of the Contract, submit a
list of his recommended Sub-Contractors / Engineers / Architects for the
Architect’s approval.

PART 10. AS-BUILT DRAWINGS

10.1. The Contractor shall maintain at the job site two sets of full sized contract
drawings showing any deviation which have been made from the contract
drawings, including buried or concealed construction and utility features
which are revealed during the course of construction. Special attention shall
be given to recording the horizontal and vertical location of all buried utilities
that differ from the contract drawings. These drawings shall be available for
review by the Project Manager / Construction Manager at all times. Upon
completion of the work the marked prints are not kept current, and request for
final payment will not be approved until the marked prints are delivered to the
Project Manager / Construction Manager.

PART 11. CONTRACTOR'S RESPONSIBILITY OF CONTRACT WORK

11.1. The Contractor shall visit the site of the work and examine the premises so as
to fully understand all existing conditions relative to the work. No increase in
cost or extension or performance time will be considered for failure to know its
condition

11.2. The Contractor shall be responsible for the complete work or portion thereof
until that it is wholly turned-over and accepted by the Owner through the
Project Manager or CM. He shall repair or restore and rebuild at his own
expense any damage thereto due to his faults and action of elements, or
other causes except damages due to unforeseeable or cataclysmic natural
phenomena.

11.3. For Accidents:

11.3.1. The Contractor shall bear all losses or damages from accidents, which
may occur to a person or persons on account of the prosecution of
work until possession is taken over by the Owner.

11.3.2. The Contractor shall hold himself solely responsible for all liabilities
under the existing compensation laws regarding injuries and/or death
of workmen connected with this work.

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 A PROPOSED THREE-STOREY MIXED-USE BUILDING WITH BASEMENT
SGT. RIVERA ST., A. BONIFACIO AVE., QUEZON CITY

PART 12. LAWS, RULES AND REGULATIONS

12.1. The Contractor shall comply with all national and local laws, rules and
regulations regarding the health and safety of workmen, wages, labor codes,
tax laws, buildings and construction rules and regulations and shall save the
Owner, Architects, Engineers and the Project Manager or CM harmless in
connection with the third party claims and liabilities resulting from Contractor's
non-compliance therewith.

PART 13. AUTHORITY OF THE PROJECT MANAGER/CONSTRUCTION MANAGER

13.1. The Project Manager / Construction Manager shall decide on any and all
questions, which may arise as to the quality and acceptability of materials
furnished and work performed and as to the manner of performance and rate
of progress of work, and shall decide on all questions which may arise as to
the acceptable fulfillment of the terms of the Contract.

PART 14. INSPECTION

14.1. The Project Manager / Construction Manager shall be allowed access to all
parts of the work at all times and shall be furnished such information and
assistance by the Contractor as may be required to make a complete and
detailed inspection.

PART 15. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK

15.1. Any defective work whether the result of poor workmanship of defective
materials, damages through carelessness, or of other cause, found to exist
prior to acceptance of or final payment for the work, shall be removed
immediately, replaced by work and materials conforming to the
specifications, or shall be remedied otherwise in an acceptable manner.

15.2. Work done contrary to or regardless of the instructions of the Project Manager
or Construction Manager work done beyond the lines shown on the plans or
as given, except as therein provided, or extra work done without authority will
be considered as unauthorized and will not paid for. All correction work of any
description and removal and replacement of unsatisfactory materials shall be
done at the Contractor's expense.

PART 16. ADJUSTMENTS OF DISPUTES

16.1. Claims for adjustments of disputed must be made and submitted in writing by
the Contractor within ten (10) calendar days after the date of issue of the
order dealing therewith, and any disagreement with the interpretation of the
plans and/or the specifications, made by the Engineer/Architect, must
likewise be asserted and submitted in writing by the Contractor within ten (10)
days from the date of such interpretation.

PART 17. PROGRESS SCHEDULES

The Contractor shall, before award of the Contract, submit for approval a
PERT-CPM Construction Schedule reflecting therein, among others, the ff:

17.1. The Contractor shall submit progress schedules showing the order of his
proposed work sequences complete with the dates within which such work
sequences will be started and completed. Such schedules shall be submitted

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SGT. RIVERA ST., A. BONIFACIO AVE., QUEZON CITY

within seven (7) calendar days after receipt of Notice Award / To Proceed
and subject to the approval of the Project Manager or CM and Owner. The
Contractor shall also submit their S-curve for the project. This should follow the
prescribed form.

17.2. All activities needed to complete the project, their sequence and duration.

17.3. The point in time when the reinforced concrete structural works will be
completed.

17.4. The point in time when the building under construction will be rendered
completely water tight to allow interior finishing works to commence without
risk of damage from the natural elements.

17.5. Sufficient time for proper execution of both exterior and interior finishing works.

17.6. Sufficient time for the securing of building permits and Final Certificate of
Occupancy.

PART 18. PAYMENTS

18.1. The Contractor shall be paid on partial amount(s) based on actual

percentage of accomplishment accepted by the Owner.

18.2. All billing shall be submitted to the Project Manager / Construction Manager
once a month at specified date.

18.3. Payments shall be made by the Owner fifteen (15) days after evaluation of
the billings by the Project Manager / Construction Manager and
recommended for payment by the Project Technical Group of the Owner.

PART 19. FINAL INSPECTION

19.1. Upon due notice from the Contractor of presumptive completion of the entire
project, the Project Manager or Construction Manager shall make a semi-final
inspection, and if all construction contemplated by the Contract is found

19.2. Completed to his satisfaction, such inspection shall constitute final

acceptance and the Contractor shall be notified of such acceptance in
writing ten (10) days or as soon as thereafter as practicable.

19.3. If, however, at any semi-final inspection, any work in whole or in part is found
unsatisfactory, the Project Manager or Construction Manager shall give the
Contractor instructions, which he shall forthwith comply with and execute.
Another inspection shall be made which shall constitute the final inspection if
the work has been found to be completed satisfactorily.

PART 20. INDEMNITY

20.1. The Contractor shall indemnify and save harmless the Owner from and against
all losses and all claims, demands, payments, suits, actions, recoveries and
judgments of every nature and description brought or recovered against him,
by reason or any act of omission of said contract, his agents or employees, in
the execution of the work or the guarding of it.

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 A PROPOSED THREE-STOREY MIXED-USE BUILDING WITH BASEMENT
SGT. RIVERA ST., A. BONIFACIO AVE., QUEZON CITY

PART 21. WARRANTY

21.1. The Contractor guaranteed the workmanship and the materials supplied by
him for a period of one (1) year counted from date of completion and
acceptance by the Owner of all works.

21.2. Any defect to work contemplated in this Contract which may arise during the
one (1) year warranty period shall be for the account of the Contractor.

PART 22. UAP DOCUMENT 301

22.1. All applicable articles and clauses of the general conditions, which are not in
conflict with the conditions therein stated, shall form part of this document.

END OF SECTION

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