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GENERAL CONDITIONS 1, CHANGE ORDERS A change order may be issued by the proved by the appropriate official if the the former's authority to approve original contracts an plementing official after the same has been ap- ymount of the change order is within the limits of id under the following conditions. 8) Where the aggregate cost of change orders is limited to 25% of the original contracts cost excluding the effects of price escalation and provided that no major pay item (20% of estimated cost) shall be increased by more than 100% of its original cost. jon of work items of the project. ¢) Where there is a reclassification of an existing item, like earth excavation to solid rock excavation, due to latent conditions which were not known at the time of bidding. d) Where there is damage to structure and/or destruction of finished work in any section of the project due to force majeure as causes beyond the control of man. (This in- cludes an earthquake, floor, typhoon, cyclone and other cataclysmic phenomena of nature and all misfortunes and accidents which human prudence could not foresee or prevent. Rain, wind, flood of inconsequential degree is shall not be construed 8 an act of God. b) Where there is a decrease in work due to dele! 2, ADVANCE PAYMENT ‘The Owners, shall upon the request of the Contractor in an amount equivalent to the average operating expenses for two months or fifteen percent (15%) of the total contract price, to be made in lump sum or by installment. The advance payment shall be made only upon the submission of an irrevocable standby letter of credit of equivalent value from a bank acceptable to the Owner. The advance payment shall be repaid by the contractor by deducting from his monthly progress of payments beginning when the work executed exceeds 20 percent. 3. PROGRESS PAYMENT Periodically, but not more than once each month, the contractor may submit a request for payment for work accomplished. Such request payment shall be verified and certified by the project Architect/Engineer. Except as otherwise stipulated in the Instructions to Bid- ers, materials and equipment delivered on the site but not completely put in place shalt not be included for payment. 4. RETENTION MONEY Progress payments are subject to retention of ten (10%) percent referred to as the “reten- sion money”. Such retention shall be based on the total amount due the contractor prior to any deduction and shall be retained from every progress payment until fifty (50%) percent of the value of works, are completed. If, after fifty (50%) percent of the value of works, are completed. If, after fifty percent (50%) completion, the work is satisfactorily done and on schedule, no additional retention shall be made. 5. LIQUIDATED DAMAGES Where the contractor refuses or fails to satisfactorily complete the work within the specified contract time, plus any time extension duly granted and is hereby in default under the contract, the contractor shall pay the owner for liquidated damages, and not by way of penalty, an amount equal to one tenth of one percent or of any amount stipulated 378 in the contract agreement, minus the value of the completed portions of the contract cer- tified by the Architect/Project Manager concerned as usable as of the expiration of the contract time. . CONTRACT PRICE ESCALATION ESCALATION CLAUSE — a clause in a contract providing for increases or decreases in wages, prices, etc. based on fluctuation in the cost of living, production, costs, etc. ‘a. Payments for price escalation on a project may be made without need of requesting special allotments therefore if provision has been made in the project funding for escalation provision up the extent of twelve (12%) per annum escalation rate of the total value of work accomplishment at original contract unit prices. Parametric formula is used to compensate for fluctuation of prices of construction materials and supplies, equipment and labor which would bring about during the period under consideration an increase or decrease of more than five (5%) percent of the original contract unit price of items of work. 0 of The fluctuation factor, K, is the coefficient representing the increase or dec ‘the unit price as a result of price fluctuation. The value of K varies for each item of work and is represented by the following: K=a+b where a — is the 0.15 fixed coefficient representing contractor's profit and other non~ adjustable items. b,c, d and n — are the coefficient representing the proportionate value of each pay item to the total. If you add a + b +c + nit must total 0.8. Xv¥i, 2, — Nj are the current price indices representing costs of labor materials and other contract items (6) months after bidding. XoYor 20 — No are the price indices representing costs of labor, materials and other contract items at the date of the bidding. Example: For reinforced concrete structure fluctuation factor Kd would be: Kd = for a daywork labor, plant and equipment Kg = 0.15 + 0.85 for carpentry works fluctuation factor Ke = 0.15 + 0.16 + 0.14 + 0.56 Price escelation for the month under consideration shall be used and calculated monthly. Where K is 1.05 P = Po (Kk - 0.08) Where K is 0.95 P = Po ik + 0.05) P is the original bid/unit price K is the fluctuation factor 379 7. PAYMENTS (DOWN OF CONTRACT AMOUNT * Blcontincesee where Unit prices form te besa fr payment under the Contract, the Contractor shall, within fifteen (15) days from the receipt of Notice to Proceed, sub mit a complete Breakdown of Work and Corresponding Value ‘of the Contract mount showing the value assigned to each part of the work, including the stiowance for pro: fit and overheed. Upon approval of the Breakdown of Work and Corresponding Value by’ the Architect, it shall be used asthe basis for all Requests for Payment (see page: 383) b) REQUESTS FOR PAYMENT: The Contractor may submit periodically but not more than once each month a Request for Payment for work done. The Contractor shall fur- ing the necessary infor- shall be computed from the work completed on all it ‘Work and Corresponding Value, less the 10% retention unless otherwise agreed upon and less previous payments. When 50% of the Contract has been accomplished, no further retention shall be made on the balance of the Contract. ‘8. In general, no payment shall be made for materials or items not incorporated in the work. However, exception to this condition may be made in the case of materials or items which may require immediate acquisition and compensation due to short- ages or import or transportation difficulties. In the event of such exceptions, pay- ‘ment shall be conditioned upon the submission by the Contractor of bills of sale or such other procedures as will establish the Owner's title to such material or item or otherwise adequately protect the Owner's interest. ) PROGRESS PHOTOGRAPHS TO ACCOMPANY REQUEST FOR PAYMENT: The Contractor at his own expense shall furnish the Architect progress photographs which shall be taken monthly, starting when the work begins and conti- uing so long as the work is in progress, on the outside of the building, from station + points designated by the Architect. ‘a. The photograph shall be 6’ x 8”’. At each period four exposures shall be taken one on each side of the building. Eight (8) prints dull finish, (2 copies for each e: posure) shall be delivered to the Architect and all negatives shall bear the date of exposures and name of work. b. No partial payment shall be considered for approval without the above mentioned prints accompanying the Request for Payment. d) ARCHITECTS ACTION ON A REQUEST FOR PAYMENT Within fifteen days after receipt of any Request for Payment by the Contractor, the Architect shall either issue a Certificate of Payment or withhold the Request for Pay- ‘ment, he shall inform the Contractor in writing the reasons for withholding it. The Certificate of Payment shall include the value of work accomplished by the Con- tractor during the period covered by the certificate and recommendation to the Owner for payment in an amount the Architect decides to be properly due. ¢) APPROVAL WITHHELD: The Architect may recommend withholding of payment in whole or in part on any approved Request for Payment on account of any of the following reasons: a. Defective work not remedied. b. Claims filed or reasonable evidence indic: ing probable filing of claims. ©. Failure of the Contractor to make payments properly to sub-contractors or for material or labor. A i) 4. A reasonable doubt that the Contract can be completed for the balance then unpaid. fe. Damage to When the above ground: CONDITIONS RELATIVE TO CERTIFICATES OF PAYMENTS: a. The Architect shall estimate the value of work accomplished by the Contractor us ing a8 a basis the schedule stipulated in the Breakdown of Work and Correspon- ding Value. Such estimates of the Architect shall be final and conclusive evidence of the amount of work performed, and shall be taken as the basis for the full measure of compensation to be received at the time by the Contractor. Such preliminary estimates of amount and quantity shall not be required to be made by strict measurement or with exactness, but they may, at the option of the Ar- chitect, be approximate ony. OWNER’S ACTION ON AN APPROVED REQUEST FOR PAYMENT OR CERTIFICATE OF PAYMENT: Within fifteen days from the date of approval of a Request for Payment or of issuance of a Certificate of Payment by the Architect, the Owner shall pay the amount as certified by the Architect or pay such other amount as he shall decid due the Contractor, informing the Contractor and the Architect in writing of his reasons for paying the amended amount. ‘Owner's failure to pay the amount involved would be subject to payment of interest based on banking loan rates prevailing at the time of the signing of the Contract. PAYMENT OF CONTRACTOR'S OBLIGATIONS: The Contractor shall pay punctually all workmen employed by him on his project at such rates as provided by existing laws. He shall also pay promptly all materials and equipment used by him on his pro- ject, and all taxes due from the salaries or wages of his employees or workm If required he shall furnish the Owner with a statement sworn to before an officer duly authorized to administer oath that all persons who have done work or fur- ished materials under this Contract have been duly paid. If such written evidence is not furnished before the final payment under the Contract falls due, said Owner may ‘after due notice to and clearance by the Contractor pay such lawful claims in whole or in part of any person firm, or corporation claiming the same, and charge the amount thus paid to said Contractor, who will accept the same as payment from the amount due to the Contract. PAYMENTS OVER 65 PERCENT: No payment shall be made on contracts in excess of sixty five percent (65%) of the Contract Price, unless a statement sworn to before an officer duly authorized to administer oath is submitted by the Contractor to the effect that all bills for labor, other than current wages, and all bills for materials have been duly peid by the Contractor and his Sub-contractor, if any, excepting only such bills a8 may be enumerated in such sworn statement. Provided, however, that should such surern statement turn out false, the Owner and the work covered thereby shall not be Table for any claim or lien arising from the failure to pay and other causes, provided for in this clause. The Contractor does hereby bind itself solely answerable for any such lien should the same arise. (see page 387) CORRECTION OF WORK BEFORE FINAL PAYMENT: The Contractor shall promptly remove from the premises all work condemned by the Architect as failing to conform to the Contract, whether incorporated or not, and the Contractor shall promptly replace and reexecute his own work in accordance with the Contract and without e pense to the Owner and shall bear the expense of making good all work of other con- tractors destroyed or damaged by such removal or replacement. 381 382 1) ACCEPTANCE AND FINAL PAYMENT: Whenever this If the Contractor does not remove such condemned work within reasonable time, fixed by written notice, the Owner may remove them and may store the material at the ‘expense of the Contractor. If the Contractor does not pay the expenses of such removal within days’ time thereafter, the Owner may, upon ten days’ written notice, sell such materials at} suction or st private salejandshall acount for the net proceeds thereof, afte deducting all the costs and expenses that should have been borne by the Contractor. k) OTHER REQUIREMENTS BEFORE FINAL PAYMENT: ‘The Contractor shall submit (aside from those provided in the Contract Document) the following before final payment is made. 1. Certificate of Final Building Occupancy unless such certificate can not be obtained through no fault of the Contractor. 2. Certificate of Final Inspection of electrical, telephone, sanitary, mechanical, water, gas, safety and other utilities unless such certificate cannot be obtained through no fault of the Contractor. 3. Original and three (3) sets of prints of “As-Built Drawings” of Electrical, Sanitary, Gas, Telephone and Mechanical works, if such work are within the scope of cor tract. ““As-Built Drawings are the working drawings showing the system and a tual locations of outlets, fixtures, services and equipment that were installed. 4. Three (3) copies of Directory of Panel Boards and List of circuits. 5. Three (3) copies of Instructions and Manual for operating and maintaining of fix- tures and equipment. 6. Three (3) copies of Keying Schedule. 7. Guarantee Bond equivalent to 30% of the Contract Price covering a period of one year after the Final Acceptance of the work which guarantee the quality of the Contract work and materials installed. The Guarantee Bond shall be in the form of securities as approved by the Owner. The Guarantee Bond will be required only if the Owner, upon acceptance of the Building releases to the Contractor the Perfor- mance Bond and Payment Bond. Contract, in the opinion of the Architect, shall be completely performed on the part of the Contractor, the Architect shall proceed to verify the work, shall make the final estimates, shall certify as to the completion of the work, and accept the same. 1. The Owner shall then, excepting for causes herein specified, pay to the contractor promptly after the execution of said certificate, the remsinder which shall be found due, excepting therefrom such sum or sums as may be lawfully retained under any of the provisions of this Contract; PROVIDED THAT FINAL PAYMENT ON THE CONTRACT SHALL NOT BE MADE UNTIL THE CONTRACTOR HAS SUB- MITTED A STATEMENT SWORN TO BEFORE AN OFFICER DULY AUTHORIZED TO ADMINISTER OATH, SHOWING THAT ALL TAXES DUE FROM HIM, AND ALL OBLIGATIONS FOR MATERIALS USED AND LABOR EMPLOYED IN CONNECTION WITH THIS CONTRACT HAVE BEEN DULY PAID; AND PROVIDED, FURTHER thet nothing herein contained shall be construed to waive the right of the Architect hereby reserved to reject the whole or any portion of the aforesaid work, should the same be found to have been constructed in violation of the drawings and Specifications or of any of the conditions or covenants of this Contract within the guarentee period. m) CORRECTION OF WORK AFTER FINAL PAYMENT: 1 Donarone on Certificate nor payment nor any provision in the Contract workeanae thal teeve the Contractor of responsiblity for teulty materials or Sexkeranship and, he shall remedy any defects due thereto and pay for any ‘one year fi work resulting therefrom, which shall appear within @ period of from the date of acceptance of work by the Owner. Ne ' leither the foregoing nor any provision in the Contract documents, nor any jablity for defects and damages and the fight of the Owner under the provisions of the New Civil Coda, and all laws, peasiations and ordinances applicable to the plans and construction of the 3. The Owner shail give notice of observed defects with reasonable promptness. All ‘questions arising under this article shall be decided by the Architect whose deci- sion shall be subject to arbitration. n) RELEASE OF RETENTION: The amount retained by the Owner under he provision of the “ontract shall be released within three months after the date of final payment. SAMPLE OF AN APPLICATION FOR PAYMENT: (ABC MANUFACTURING CORP. NAGUILIAN ROAD BAGUIO CITY ACCOMPLISHMENT REPORT NO. 15 APPLICATION DATE January 3__ 1986 PAGE 1. OF 3 CONTRACT NO. 10-85. STARTING DATE 8 June, 1985_ PROJECT TITLE: ABC Main Building and Kitchen — COMPLETION DATE: 29 March, 1986 Mess Hall. CONTRACT COST P4,370,000.00 LOCATION: Naguilian Road Baguio Cit EXTRA COST None. CONTRACTOR: GROUND PACERS LTD. ITEM VALUE “pecomecisHment | COMPLETED To DATE | Ne Ww tast | tus | To pencent | pesos | rerorr | report | oate| in% | INPESOS 19,228.00 | 100% 0 | 100% | o.aoo% | 19,228.00 EARTHWORK ‘SOIL POISONING ~ CONCRETE WORKS, ‘SURFACE FINISHES WATERPROOFING AND | L___DAMPROOFING som | 5.85000 =F 526 9.0013 $0 0.0013 x 4.370.000 = 5,681.00 value 2S an explanation, in sll poisoning, 3234 of 0.13% = wo a2 + 0.13% = 0.0816% 0.0816% = 0.000416 thus 0.000416 x $,370,000.00 = 1,817.82 363 0.9. 0.088% = 00081 4.370,00 = (asonav TEx Timm [aw pee 7m [mew | ee zeens i THLEWORK asim | 376700 fom | 0% , O% | O% = CARPENTRY sae] secs [om | tom | 0% | Oomns | 34660 DOORS AND JAMBS oem | sezrioo | 0% | 12% STEEL WINDOWS tas] eneeso0 | ow | 2% ‘CAULKING 0.21% ‘317700 | 0% om GLASS AND GLAZNG ome | zaman | om | om BUILDERS HARDWARE via% | 4899800 | 0% o% ‘MISCELLANEOUS METAL | Works orn | 700000 | o» | om | om | - | - FIELD PAINTING “476% | 20801200 | 0% o% | om = 1. & PLUMBING za0% | iaaaioan | 7% [ae | we | eccoom | aszazm | ELECTRICAL WORK aa0% | 0,000 | vam | ee | 16% | Osmom | 17x60 osm | sese700 | om | om | om | — = [_ 1.20% ‘52,440.00 0% 0% 0" - = isc. auiLownG sPeciaciTies | aon | 2.2600 | oO» | _o% = = 1M KITCHEN AND MESS HALL (97.90%) Tors [EaaTaWORK aK [tewemo [ox [os | sm | omen | oom | 31 POISONING ‘o0ox | ze | 1% | ow | 1% | Oomew | mz CONCRETE WORKS 3mm | Teaco | Ses | ow | om | 1amen | zn | ‘SURFACE FINISHES 1.00% | 43,700.00 | 0% om | o% = =] DAMPROOFING ] WATERPROOFING osm | rare | 1m | om | 1m | oooerm | sas) [__ MASONRY (050% | 21,860.00 | 30% om | sm | orsoo% | 65500 THLEWORK a0 [1700 [ox | oe | ot - | - | vinye 005% | 2ta500 | ow | ow | om | — =] CARPENTRY 210% | 91700 | 1% | ow | 1% | oo2ow smn | Gil ROOFING cai | se 7000 | ow | om | om | =| wooo DOORS ane% | 70600 | om | om | om | — = STEEL WINDOWS osx | Zaaosa [ox [ow | ow | - [ cauuKine 2,620 | 0% 0% 0% = = JALOUSIES aenoo| om [om | om | —4 GLASS AND GLAZING 1573200 | 0% | 0% | 0% = ‘BUILDER'S HARDWARE oai% | 17,917.00 | 0% = = MISCELLANEOUS | ~ METAL WORKS. osew | 25a600 | o% | o% | om | - - MISC. BUILOING — T SPECIALITIES 1.22% 0% 0% . | [reo pawmns [a0 om [om | | PLUMBING 0.84% 0% ro “TNTERIOR ELECTL 072% 2% 3% | oozes | saa Tr weenanicat ow fel - .- 384 NW pneranaTion ‘ acon | roiereco] scow | on | wor | sezoon | rar2reco V_ Access ROAD . - PARKING Y.2101 ‘neces nonD ‘| aww | wmonooo| ow | on | ow =| ARDSTANO 20x | viz ow [os | ow» | - | PARKING iain | srana| ow | ow [ow | =] Wi OUTSIDE WATER { DISTRIBUTION 100% | ssorne| ow | om | om | - = vir DRAINAGE = 1 125% | ensesco| am | 7a |ar7am | come | 306000 | | 2 " | a : — | ELECTRICAL amw | rear] ow | os | os | - - [ix EQUIPMENT RENTAL = na : - , | wosiuzaTion scan | zrsir00| scom | ow | wom | aszoom | 2st co 4 X OUTSIDE SEWER 62% | 27.05400[ 0% o% | ow ~ = — TOTAL TO DATE |_36.615% | 1,600,075.50 os rorat | 100% ‘See pages 387.68 |24.6900% | 1.9241%| 68,083.17 less 10% = 75,675.00, Last jrerort | THis EPORT| 1 A. TOTAL COST OF CONTRACT THROUGH CHANGE _______ —___|_ P4,370,000.00 |. PERCENTAGE COMPLETED TO DATE —————_________ C. COST OF WORK ACCOMPLISHED TO DATE —_—————$__$_$_$_?_?__— y P_160,007.55 36.615% oc ann » P1,600,075.50 D, 10% RETENTION OF . AMOUNT “C"* LESS “D° ———$£_$ $ P1,440,068.00 F. TOTAL AMOUNT OF PREVIOUS COLLECTION ______ °1,364.393.07 (See page 388) 385 ee ae ene NED TID p_75,675.00 G. AMOUNT “E" Less “R*__———————————_— H. LIQUIDATED DAMAGES m Days a PNONE ____ 675.00 | p_75,675. 1. AMOUNT DUE CONTRACTOR (’"G” LESS “*H!") CONCURRED IN: _ PROJECT SUPERVISOR CONSTRUCTION MANAGER FO! ARCHT/ENGR. OF CONTRACTOR APPROVED FOR PAYMENT: RECOMMEND PAYMENT: _ ‘ARCHITECT PROJECT MANAGER PART OF A CERTIFICATE OF PAYMENT/OR APPLICATION ‘THE PRESENT STATUS OF THE ABOVE CONTRACT 1S ————___________ ORIGINAL CONTRACT SUM..... P. CHANGE ORDERS APPROVED IN PREVIOUS MONTHS CHANGE ORDER NO.___ APPROVED 19, CHANGE ORDER NO. ‘APPROVED 19___ CHANGE ORDER NO.__ APPROVED ___19___ CHANGE ORDER NO. APPROVED __19_ TOTALS. TOTAL ADDITIONS P SUBTOTAL DEDUCTIONS TOTAL ADDITIONS SUBTOTAL TOTAL DEDUCTIONS SUB TOTAL TOTAL AMOUNT OF CONTRACT TO DATE WORK STILL TO FINISH (THIS DATE LESS 10% RETAINING TOTAL TO BE DRAWN (TO DATE) CERTIFICATES PREVIOUSLY ISSUED THIS CERTIFICATION weeee vette 386 OO THIS IS TO CERTIFY T CORDANGE WITH Tit AT THE WORK AS LISTED ABOVE HAS BEEN COMPLETED IN AC- CONTRACT DOCUMENTS LABOR, MATERIALS, ETC. COVE! SERTIFICATES FOR PAYMENT HAVE , a RED BY PREVIOUS CERTIFICATES FOR PAYMENT HAVE SEEN PAID AND THAT A PAYMENT 18 ROM Bubs hoe cea oF ) FROM WHICH Ri DOCUMENTS HAS BEEN ME ICH RETAINAGE OF 10% AS SET OUT IN THE CONTRACT CONTRACTOR DATE: EXPLANATIONS AND NOTES {f an advance payment of say 20% was given, #4,370,000.00 or x 0.20 = #874,000.00. This amount shall be deducted in equal installments or 20% of the P874,000.00 every progress payments when the total executed work exceeds 20 percent in this exemple collection No. 15 exceeds it. Deduct cor- responding percentage of work to the downpayment. For liquidation of the amount of downpay- ment. Since the last report #14 is not shown, let us see how much was given: | Staging 100% of .44% ~ —_——ae 0.44000 IV Main Bldg. Earthwork 86% of .56 (.86 x .56) 0.48160 Soil poisoning 27% of .13 (27.13) 0.35100 Concrete works 75% of 28.00 4.75 x 28) 21.00000 Waterproofing 29% of 1.50 (.29 x 1.50) 0.43500 Masonry 31% of 2.35 |.31 x 2.38) 0.72800 Plumbing 17% of 3.30 (.17 x 3.30) ~ 0.56100 Electrical 14% of 2.20(.14 x 2.20) ~ 0.30800 {Il Kitchen & Mess Hall Earthwork 56% of .37 (.56 x .37) 0.20720 Soil poisoning 1% of .06 (01 x .08 = 0.00060 Concrete Works 34% of 3.72 (34 « 3.72) 1.26480 Damproofing 1% of 41 (.01x.41) 0.0081 Masonry 30% of .50 (.30 x .50) 0.15000 Carpentry 1% of 2.10.01 x 2.10 0.02100 Plumbing 1% of .84(.01 x .84) —~ 0.00840, Electrical 1% of 72 (.01 x .72) —~ 0.00720 IV Site Preparation 100% of 3.02 ~ 3.02000 V None VI None VII None 7 m VI Drainage Syster 0277 42% of 1.85 (.42 x 1.88) ~ 387 IX None X Equipment Rental & Mobilization 100% of 4.93 (1.00 x 4.93) ~ Total Percentage ~ So 36.615% to Date less 34.6909% last report gives Last report P1,515,992.30 34,6909 |.346909 x 4,370,000) 151,599.23 leoe0% P 1,364,393.07 4.93 - 34.69090 1s 1.9241% this report Assume this was Given in the Collection No. 14 this must be shown es to amounts of deductions when works W share ofé chienge orders, .d labor or amount to be added if the are deleted or changed to lesser costs of materials an« change orders will make the contract item of work increase. FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That 85 Principal, hereinafter called Contractor, and 88 Obligee, hereinafter called Owner, in the amount of (100% of Base Bid) PESOS (P. ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, ad- ministrators, successors and assigns, jointly and severally, firmly by those presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part thereof, and is hereinafter referred to as the Con tract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall Promptly and faithfully perform said contract, as it may be altered, modified or extended, and shall fully complete all of the work herein described, then this obligation shall be null and void: otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or modification of said contract or extension of time for performance thereof which may be granted by the owner, consents thereto, and agrees that no such alteration, modification or extension will exonerate, release or discharge the Surety. Whenever Contractor shall be, and be declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or, 388 2, Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, as it may have been altered or modified, and upon deter- mination by Owner and Surety of the Lowest Responsible Bidder, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be @ default or « succession of defauits under the contract or contracts of Completion arranged under this paragaph) sufficient funds to pay the cost of comple- tion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, a8 used in this paragraph, shall mean the total ble by Owner to Contractor under the Contract and any amendments thereto, less the amount previously paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action shall accrue on this bond or for the use of any person or corporation other than the Owner named therein or the heirs, executors, administrators, suc ‘cessors, or assigns of Owner. IN THE PRESENCE OF: (Sea) ( (Principal) t ( Titiey (Seal) (Surety) Date Sn Title) PERFORMANCE BOND 389 BULLETIN OF INSTRUCTION NO. 3 CHANGE ORDER NO. 2 TO: Consolidated Construction Company You are hereby authorized to effect the following changes in our construction contract when ‘approved below. Dete _ 4-2-7 ‘Owner __Universal Housing Authority ttem No. 1 — Dryer Receptacle Requested by: Housing Authority. Reason: Provide alternate utility if required. Detailed description of change: Add electric dryer power receptacle at wall behind dryer location. Receptacle to be flush mounted, 3 wire, 3 contract, 30 amp, 125/250 volt, single phase rating, black Leviton No. 207. Typical all units. ADDP 240.00 ORIGINAL CONTRACT PRICE P 88,500.00 AMOUNT OF THIS CHANGE ORDER P__ 240.00 CURRENT CONTRACT PRICE P 88,740.00 ORIGINAL CONTRACT TIME 300 calendar days VARIATIONS THIS CHANGE ORDER add 3 days ADJUSTED CONTRACT TIME 303 calendar days APPROVED. Date. ‘Owner APPROVED. a Contractor ‘APPROVED. Date Architect APPROVED Date Housing Authority 390 8. SHOP DRAWINGS ‘The Contractor all prepare at his own expense and submit with such sxpense and sut promptness 2s to Feige, ne Celay in his own work or in that of any contractor doing work on the same building, two copies ofall shop or setting drawings, templates, patterns end models wun ts schedule required forthe work of the various trades and the Architect shall pass 'em with reasonable promptness, making desired corrections. ‘Shop drawings shall be numbered consecutively ond represent: All working and erection dimensions Arrangements and sectional views Necessary details, including complete information for making connections with other F hall be dated and contain a) Name of project b) descriptive names of ‘equipment, materials, and classified item numbers c) location at which materiais or equip ‘ment are to be installed in work. ‘Submission of shop drawings shall be accompanied by @ Letter of Transmittal in duplicate containing nme of project. Contrecor’sname, numberof erawings, ties and other perti- nent data. 9. PERMITS AND LICENSES: All construction permits and License necessary for the execution of the work or of any ‘temporary work and easements in relation thereto should be secured, and the correspon ding required fees paid for by the Contractor. The Contractor shall be solely responsible for the actions taken by him should the Construction be started before acquiring the necessary permits and Licenses. ‘The Contractor shall also secure the final occupancy permit but he shail not be responsible for the non-issuance thereof through no fault of the contractor. 10, CONSTRUCTION STAKES AND REFERENCE MARK: 11. ‘The Owner shall be responsible for the establishment of Lot line, boundary lines, ‘easements, and bench marks by a certified surveyor. The Owner may relegate this respon- sibility to the Contractor provided the Owner shell py for the cost of said services. All other grade, lines, levels and benchmarks necessary for the protection of the work shall be establish and maintained by the contractor. TEMPORARY STRUCTURES AND FACILITIES USE OF PREMISES ‘a, LIMITATION OF USE: The Contractor shall confine his apparatus, the storage of materials, and the operations of his workmen to limits indicated by the law. oF- vermits, or directions of the Architect and shall not unreasonably encumber with his materials. b. SAFEGUARD FOR STRUCTURE: The Contractor shall not load or permit any part of the structure to be loaded with @ weight that will endanger its safety. The Contractor shall enforce the Architect's instructions regarding signs, sdver- tisements, fires and smoking. 391 392 FACILITIES eee ano c ING: The Contractor shall at all " BUILDI 2, TEMPORARY OFFICE AND CONTRACTOR'S BUI contrat Wotar, baht imes provide an: i ate weathertight temporary 4 times provide and maintain edequate w I oct spec telophone, and toilet feito fr the use of he Archiver’ “TTT en wooden tore, contactors, tors. This 0 Hee aeeeror. tre ground, windows, doors and locks, tables, cect: Osta, Fee aee eee sae rocks Tor drawings. One room of approximerely 12 square meters shall be provided for the Architect's use- b. TEMPORARY HOUSING FOR WORKERS: The temporary buildings for Howse et Ae Fa eee eens of protection will be permitted onty at such places as the i nd the sanitary condition of the grounds in or Owner or Architect shall designate: and the seritary condi Or Ter tothe ‘about uch structures shall at all times be maintei to ‘Qwiner snd the Architest, Nobody shall be allowed to slegp or cook within the building of the project under construction. ‘The Contractor shall ¢. TEMPORARY SANITARY FACILITIES AND FIRST AID STATION: Tho & ran provide, construct and maintain for the duration of the contract, ample sanitary foto ac conveniences including water connections for the Ute of personnel sndtaborereon tne work, propery secluded from public observation, in such manner and at such points as shall be approved by the Architect, and their use shall be strictly enforced. He shall keep such places and clean and free from flies: remove all connections and appliances connected therewith prior to the completion of the contract; and leave the premises perfectly clean. d. TEMPORARY BARRICADES AND GUARD LIGHTS: The Contractor shall furnish and put up all temporary barticades and guard lights necessary for the protection, proper prosecution and completion of work. The guard lights at the top of the falsework ‘tower, barricades, railings, etc., shall be provided and maintained by the Contractor throughout the prosecution of the project. fe. TEMPORARY WATER, POWER AND TELEPHONE FACILITIES: The Contractor shall make all necessary arrangements with the local utility companies in order that tem- porary facilities for water, power, and telephone are sufficiently provided till the com- pletion of the work. All expense incurred in connection therewith shall be paid by the Contractor. ‘TEMPORARY SIGNS: No signs or advertisements will be allowed to be displayed without the Architect’s approval. The Contractor may erect one painted sign as ap- proved by the Architect, Contractor, and various sub-contractors. The Architect shall approve size, color, lettering, and sign location g. TEMPORARY ROADWAYS: The Contractor shall construct and properly maintain temporary roadways within and adjacent to site in order to provide proper access to the building. Temporary roadways shall adequately sustain loads to be carried on them and so constructed as not to endanger existing or newly installed underground structures. h. TEMPORARY STAIRS LADDERS, RAMPS, RUNWAYS: The Contractor shall furnish ‘and maintain all equipment such es temporary stairs, ladder, ramps, scaffolds, run- ways, derricks, chutes, and the like, as required for proper execution of work by all trades. All such apparatus, equipment, and construction shall meet all requirements ‘of Labor Law and other local laws applicable thereto, " i, TEMPORARY ELEVATORS AND HOISTS: The Contractor shall install and operate an adequate nuniber of hoists and elevators. No hoists shall be constructed at euch loce- tions as will interfere with or affect construction of floor arches lor work of other Con. tractors). They may be located at exterior sides of structure and extend Upward die 14, INSPECTION OF WORK: sani tne i Cent to line of wind: nd Be no eninGs, They shall be located at a autficient distance from tected as to prevent damage, staining, or marring the per~ Torah cE CSURES: The Contractor shall provide temporary weathertioht IT Work from weer Cbeninas as soon as walls and root are built so as to protect and padiocka, aise, exterior doors shall be equipped with salt-