Quick Impact Project (QIP) under the

Comprehensive Capacity Development Project for the Bangsamoro (CCDP-B)

TABLE OF CONTENTS
Page
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.
Article 27.
Article 28.
Article 29.
Article 30.
Article 31.
Article 32.
Article 33.
Article 34.
Article 35.
Article 36.
Article 37.
Article 38.
Article 39.
Article 40.

Definition and Interpretation .................................................................................... 1

The Engineer ............................................................................................................ 4
Supervisor ................................................................................................................. 5
Subletting.................................................................................................................. 5
Custody of Drawings ................................................................................................ 5
Further Drawings and Instructions ........................................................................... 6
Drawings to be Furnished by the Engineer .............................................................. 6
Drawings to be Furnished by the Contractor ............................................................ 6
As-Built Drawings .................................................................................................... 7
Pamphlets, Diagrams and Similar Data for Equipment and Material....................... 7
Test Procedure Instructions ...................................................................................... 7
Instruction Manuals for Operation and Maintenance ............................................... 8
Submission and Review or Approval of Contractor ................................................. 8
Doubts ...................................................................................................................... 8
Inspection of Site ...................................................................................................... 9
Work to the Satisfaction of the Engineer .................................................................. 9
Program to be Furnished .......................................................................................... 9
Contractors Superintendence................................................................................. 10
Commencement, Carrying Out and Completion of Works ..................................... 10
Construction Program ............................................................................................. 10
Progress Report ...................................................................................................... 11
Progress Photographs ............................................................................................. 12
Monthly Work Schedules ....................................................................................... 12
Joint Progress Meetings .......................................................................................... 12
Percentage of Completion Chart with S Curves ................................................. 12
Contractors Employees ......................................................................................... 13
Setting Out .............................................................................................................. 13
Prevention of Damage ............................................................................................ 14
Damage to Third Party ........................................................................................... 14
General Damage ..................................................................................................... 14
Damages Caused by Force Majeure ....................................................................... 15
Insurance of the Work............................................................................................. 15
Fossils, Etc.............................................................................................................. 15
Patents, Rights and Royalties ................................................................................. 15
Interference with Traffic and Adjoining Properties ................................................ 16
Supply of Plant, Materials and Labor ..................................................................... 16
Construction Facilities for Temporary Works......................................................... 16
Temporary Buildings .............................................................................................. 17
Other Temporary Facilities ..................................................................................... 17
Mobilization and Demobilization ........................................................................... 17

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Quick Impact Project (QIP) under the

Comprehensive Capacity Development Project for the Bangsamoro (CCDP-B)

Article 41.
Article 42.
Article 43.
Article 44.
Article 45.
Article 46.
Article 47.
Article 48.
Article 49.
Article 50.
Article 51.
Article 52.
Article 53.
Article 54.
Article 55.
Article 56.
Article 57.
Article 58.
Article 59.

Boundary of the Works ........................................................................................... 18

Trespass .................................................................................................................. 18
Site to be Kept Tidy ................................................................................................ 18
Condition of the Site ............................................................................................... 18
Precautions for Safety............................................................................................. 19
Labor ...................................................................................................................... 20
Daily Report of Labor, Etc. .................................................................................... 21
Access to Site ......................................................................................................... 21
Works not in Compliance with the Contract........................................................... 21
Suspension of Work ................................................................................................ 21
Possession of Site ................................................................................................... 22
Rate of Progress ...................................................................................................... 22
Contractors Records .............................................................................................. 22
Certificate of Completion of Work and Commissioning ........................................ 22
Inspection During and On Completion of Work ..................................................... 23
Guarantee Against Defects ..................................................................................... 24
Contractor to Search ............................................................................................... 24
Alterations, Additions and Omissions .................................................................... 25
Construction Plant, Temporary Work and Materials .............................................. 25

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Quick Impact Project (QIP) under the

Comprehensive Capacity Development Project for the Bangsamoro (CCDP-B)

SECTION 4.1GENERAL CONDITIONS OF CONTRACT

ARTICLE 1. DEFINITION AND INTERPRETATION
1.1

In the Contract, the following works and expressions shall have the meanings hereby
assigned to them where the context otherwise requires:
1) Addenda A written amendment or clarification of the Tender Documents issued to
prospective Bidders prior to the date and time indicated in the Instructions to
Bidders for submission of bids.
2) Advanced Payment- The payment given by the Client to the Contractor for the
mobilization and start-up operations.
3) Award The written acceptance of the Bid.
4) Bill of Quantities A list of the specific items of the Work and their corresponding
unit prices, lump sums and provisional sums.
5) Calendar Day A period of twenty-four hours extended from midnight to midnight.
6) Client or the Procuring Entity The Japan International Cooperation Agency
(JICA) Philippine Office.
7) Commencement Date The date when the Contractor is obliged under the Contract
to commence the Work. It may be fixed or determinable from the Contract or stated in
the Notice to Proceed to the Contractor.
8) Construction Equipment or Contractors Equipment All equipment, facilities,
supplies, appliances, materials or things required for the execution and completion of
the Work and which shall not form or are not intended to form part of the Permanent
Works.
9) Construction Plant All appliances or things of whatsoever nature required in or
about the execution, completion or maintenance of the Work or Temporary Work (as
hereinafter defined) but does not include materials or things intended to form or form
part of the Permanent Work.
10) The Engineer or Procuring Entitys Representative The Engineering firm
contracted by JICA for this project.
11) Contract The Contract Agreement and the Contract Documents.
12) Contract Agreements The written agreement between JICA Philippine Office and
the Contractor setting forth the rights and obligations of the parties thereof, including
but not limited to the performance of the works, the furnishing of labor, equipment
and materials, and the basis of payment.
13) Contract Documents The Documents consisting the following:
i. Contract Agreement
ii. Performance Bond
iii. Form of Bid & BOQ of the Successful Bidder

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iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.

Conditions of Contract
Technical Specifications
Tender Drawings
Construction Methodology
Organizational Chart
Construction, Manpower & Equipment Utilization Schedules
Cash Flow and Payment Schedules
All addenda and questions and replies issued prior to the Tender
All minutes of meetings as agreed between the parties hereto before
execution of the Contract
xiii. Curriculum Vitae of Proposed Project Manager, Civil Engineer, Structural
Engineer, Architect, Project Engineer and Foreman, indicating among others the
projects where the said proposed personnel were involved, and including an
affidavit of commitment that they would be available for the Project
xiv. Instructions to Bidders and such other documents intended to form the
Contract
14) Contract Price The sum stated in the Contract as payable to the Contractor for the
timely execution and completion of the Works.
15) Contract Time The period stipulated in the Contract for completion of the Works
and any authorized extensions of such period. This period includes the passing of the
tests required under the Contract upon completing the execution of the Work.
16) Contractor The successful Bidder.
17) Construction Program A work schedule prepared and submitted by the Contractor
and approved by the Engineer prior to the commencement of the Work. This schedule
shall show the equipment schedule, manpower loading, and the Contractors cash
flow projection taking into account revenue from the Client for the Contractors
completion of certain phases of the work. It shall include estimates of work items,
quantities and costs and a PERT-CPM network of the activities contemplated in
executing the work.
18) Detour A means of access such as temporary road or bridge for the use of the
traveling public to replace the temporary use of the site.
19) Force Majeure An event which the Contractor could not have foreseen or even
though foreseen was inevitable. An event of force majeure is generally beyond the
reasonable control of the Contractor. It is synonymous with Fortuitous Event. It shall
not include (i) ordinary unfavorable weather conditions; and (ii) any other cause the
effects of which could have been avoided with the exercise of reasonable diligence by
the Contractor.
20) IRR-RA 9184 The current Implementing Rules and Regulations of Republic Act
No. 9184: Prescribing Policies, Guidelines, Rules and Regulations for Government
Procurement Reform Act of the Republic of the Philippines applicable to the
Procurement and Contract.
21) Laboratory The field testing laboratory or any other laboratory acceptable to the
Engineer.
22) Notice to Proceed A written notice issued by the Client to the Contractor
requiring the latter to begin the prosecution of the Work not later than a specified or

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determinable date.
23) Permanent Works All permanent structures and all other project features and
facilities required to be constructed and completed in accordance with the
Contract and which shall be delivered to the Client and which shall remain at the site
after the removal of all Temporary works.
24) Plans, also known as Drawings The approved drawings, profiles, typical crosssections, working drawings and supplemental drawings or exact reproductions thereof
which show the locations, description, dimensions and details of the Work.
25) Site the project component that comprise the six (6) Packages under the QIP of
the Comprehensive Capacity Development Project for the Bangsamoro (CCDP-B).
26) Specifications The Contract Document denominated as Specifications listed
herein including any additions thereto or modifications thereof by the Engineer or
submitted by the Contractor and approved by the Engineer.
27) Subcontractor Any person or company to whom a part of the Works has been
subcontracted by the Contractor with the express approval of the Client.
28) Substantial Completion That state of completion of the Work where the remaining
work consists of punch list items, or where the Client, without canceling or rescinding
the Contract, accepts turnover of the Works as substantially completed or without
formally accepting the turnover of the Work, uses or is able to use fully the Work
according to its intended purpose, unless Article 54.1 applies. The Work is also
substantially completed when it is 95% complete.
29) Successful Bidder The Bidder to which the contract was awarded.
30) Supervisor Resident representative appointed by the JICA CPO. to perform
day-to-day construction supervision.
31) Temporary Works All temporary works of every kind (other than Construction
Equipment) required in or about the execution and completion of the Works and the
remedying of any defects therein.
32) Bid An offer (or proposal, bid, or quotation) to perform the Work under the terms
and conditions specified in the Contract.
33) Tender Documents All documents issued by the Client giving instructions to
prospective Bidders and providing them with information about the site, the project,
the form and contents of a responsive tender, and the Contract (including the Contract
Documents) to be signed by the successful Bidder.
34) Bidder A company or Corporation properly accredited and legally qualified to
submit a tender to perform the Work.
35) Work or Works The permanent Works and temporary Works to be executed by
the Contractor in accordance with the Contract including the furnishing of all labor,
materials, equipment and others incidental, necessary for the complete execution of
the Works, the passing of any test before acceptance by the Client of the Works, and
the carrying out of all duties and obligations of the Contractor imposed by the
Contract.

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36) Writing Any writing whether it is handwritten, typewritten, printed,

mimeographed or drawn. It includes a letter or facsimile transmission.
1.2

Persons or Parties - persons, partnerships, corporations or entities having legal

personality.

1.3

Singular and Plural Words stated in the singular in the Tender Documents or in the
Contract shall also signify and impart the plural and vice versa, unless a different meaning
is intended.

1.4

Date The period provided in the Contract whether it is stated in days, months or years
shall be reckoned according to the Gregorian Calendar.

1.5

Apply and/or Lay These words or any of them or the phrase containing a
combination of these words whenever used in the Tender Documents or in the Contract,
shall be deemed to include all works to be done and all expenses to be incurred by the
Contractor, all labor, materials, Construction Equipment, Plant, overhead, including taxes
and profits in performing the whole works; or in supplying or delivering to a specified
location or locations designated in the Contract Documents, or required by the nature of the
work, a particular item, article or piece of apparatus, or equipment.

1.6

Approval, Judgment or Direction Unless from the context, a different meaning is

intended, when the terms approved, subject to approval, equal to or equal, as
directed, determined, designated, or words of similar import are used, the approval,
judgment or direction shall be given by the Engineer.

1.7

The words Notice, Notify, Inform or Information shall mean notice, notification
or information in writing properly directed and delivered to the person or persons to whom
such notice, notification or information shall be given as provided in the Contract.

ARTICLE 2. THE ENGINEER

2.1

The Engineer contracted by JICA, will provide general administration of the Contract,
including performance of the functions hereinafter described.

2.2

The Engineer, personified by the Team Leader will be the Clients representative during
construction and until final payment. The Engineer will have authority to act on behalf of
the Client to the extent provided in the Agreement between the Client and the Contractor,
and as enumerated in Article 2.4 hereof, unless otherwise modified by written instrument
which will be shown to the Contractor. The Engineer will advise and consult with the
Client and all of the Clients instruction to the Contractor shall be issued through the
Engineer.

2.3

The Engineer or his representatives will attend actual field work at the sites. The engineers
representatives will be authorized by the Engineer to work in the field on behalf of the
Engineer.

2.4

The Engineer or his representatives shall act on behalf of the Client as follows:
a) Review and approval of Work Plan, shop drawings, samples and other
submissions of the Contractor.
b) Attend tests and inspections of the Equipment under this Contract.

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c) Issue certificate for the payment to the Contractor.

d) Conduct inspections to determine the date of substantial completion and final
completion.
2.5

Notices in respect to the Work between the parties shall be referred to the Engineer
provided always as follows:
a) If the Contractor shall be dissatisfied by reason of any decision of the Supervisor, he
shall be entitled to refer the matter to the Engineer or his representatives who shall
thereupon confirm, reverse or vary such decisions.

ARTICLE 3. SUPERVISOR
3.1

The Supervisor who is the staff nominated by the JICA - CPO will watch and supervise
day-to-day activities of the contractor with respect to the general progress and quality of
work and to test and examine any materials to be used or workmanship employed in
connection with the Work. It shall have no authority to relieve the Contractor from any of
its duties or obligations under the Contract or to order any work involving delay.

3.2

The Supervisor will assist to and cooperate with the Engineer or his representatives the
implementation of construction supervision work by the Engineer or his representatives as
described in Article 2.2, 2.3 and 2.4.

3.3

The Supervisor shall assist the Contractor to secure the necessary Building Permit, Sanitary
Permit, Electrical Permit, Excavation Permit and other permits deemed necessary. The cost
in securing all necessary permits for the project shall be borne by the Contractor. The
Supervisor shall also assist the Contractor in coordinating with local electric cooperatives
for installation of electrical equipment and facilities.

ARTICLE 4. SUBLETTING
4.1

The Contractor shall not sublet the whole of the Work. Except where otherwise provided by
the Contract, the Contractor shall not sublet any part of the Work without the prior written
consent of the Engineer and the Client. However, such consent, if given, shall not relieve
the Contractor from any liability or obligation under the Contract and he shall be
responsible for the acts, defaults or neglects of the Sub-Contractor, supplier, its agents,
officials or workmen. However, the provision of labor on a piecework basis shall not be
deemed to be a subletting under this Clause.

ARTICLE 5. CUSTODY OF DRAWINGS

5.1

The Drawings shall remain in the sole custody of the Engineer or his representatives but
two copies thereof shall be furnished to the Contractor free of cost. The Contractor shall
provide and make at its own expense any further copies required by him. At the completion
of the Contract the Contractor shall return to the Engineer or his representatives all
drawings provided under the Contract.

5.2

The Contractor shall give adequate notice in writing to the Engineer of any further drawing
or specification that may be required for the execution of the Work under the Contract.

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5.3

One copy of the Drawings furnished to the Contractor as aforesaid shall be kept by the
Contractor on the Site and the same shall at all reasonable times be available for inspection
and use by the Engineer and Supervisor.

ARTICLE 6. FURTHER DRAWINGS AND INSTRUCTIONS

6.1

The Engineer shall have full authority to supply the Contractor from time to time during the
progress of the Work such further drawings and instructions as shall be necessary forthe
purpose of the proper and adequate execution and maintenance of the Work and the
Contractor shall carry out and be bound by the same.

ARTICLE 7.

DRAWINGS TO BE FURNISHED BY THE ENGINEER

7.1

The Drawings attached to the Tender Documents which subsequently become the Contract
Drawings are for proposal preparation purposes only. Provided that after the Contract
Agreement is concluded, the Contractor may use the Contract Drawings as the basis for
placing preliminary orders for materials and for preparing the working drawings. The
Contract Drawings shall not be used directly as basis for fabrication and/or construction
works.

7.2

The Contractor shall check the Contract Drawings carefully and advise the Engineer or his
representatives in writing of all discrepancies, errors or omissions, if any. Instructions from
the Engineer or his representatives will be furnished to the Contractor should any
discrepancy, error, and omission be found. The Contractor shall be required to perform the
Works in accordance with the further issues of the Drawings.

7.3

Although the Drawings are prepared to scale, work shall be based upon dimensions
indicated on the Drawings and not on dimensions scaled from the Drawings.

ARTICLE 8. DRAWINGS TO BE FURNISHED BY THE CONTRACTOR

8.1

All the various types of drawings prepared by the Contractor shall be made in a form
approved by the Engineer or his representatives and shall be submitted in advance to give
the Engineer or his representatives sufficient time to review without causing any delay to
the field works. These drawings shall include but are not limited to the following types;
however, it should be noted that the names given to the drawings are only to provide a
general description and can be changed as the Engineer or his representatives or the Client
deems necessary.
1) Working Drawings
As mentioned in Sub-clause ARTICLE 7 above, the Contractor will use the Contract
Drawings as the basis for preparing the working drawings. Working drawings will be
made for all items of permanent works and where applicable will show, amongst others,
concrete outlines, bending, cutting schedules and layout of reinforcing steel bars, types
of material to be used, grades, stations, exact dimensions and any other details which
may be required. All working drawings shall be reviewed and duly approved by the
Engineer or his representatives prior to the execution of the works.

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2) Shop Drawings
Shop drawings will be prepared by the Contractor or by the Contractors
materials/equipment supplier on behalf of the Contractor to show the outline,
dimensions, type of material, and all other necessary data and information. Shop
drawings shall be submitted to the Engineer or his representatives for his review and
subsequent approval by the Client.
3) Layout Drawings for Temporary Works
Within two (2) weeks calculated from the date of the signing of the Contract, the
Contactor shall submit to the Engineer or his representatives for review and comments
three (3) sets of drawings that show the layout of the Temporary Works. These drawings
shall show the location and other pertinent details of the principal components of the
construction plant, offices, storage buildings, housing facilities, storage area, etc.,which
the Contractor proposes to construct at the site or other authorized areas. In addition,
the drawings shall show the unloading facilities for the site materials and equipment
which the Contractor proposes to bring to the site, and the capacity of each major plant.
ARTICLE 9. AS-BUILT DRAWINGS
9.1

Within thirty (30) calendar days after the receipt of the Certificate of Completion, the
Contractor shall furnish to both the Client and the JICA -CPO one set each of all approved
drawings and documents which have been clearly revised and brought up to date to show
the permanent construction actually made in such a manner that the set of drawings and
documents shall be of high quality reproducible polyester transparent Mylar film (or
similar material) from which clear copies can be made; whereas, the set of drawings for the
Engineer or his representatives shall be reduced into A3. Also, two bound sets each of AsBuilt approved blueprinted drawings shall be submitted to both the Engineer and JICA
CPO.

ARTICLE 10. PAMPHLETS, DIAGRAMS AND SIMILAR DATA FOR EQUIPMENT

AND MATERIAL

10.1 The Contractor shall submit to the Engineer or his representatives for approval three (3)
sets of applicable catalogs, pamphlets, manufacturers specifications, diagrams, calculation
sheet, drawings, or other descriptive data for all materials and equipment to be furnished
under the Contract and those which the Contractor proposes to use, within seven (7)
calendar days after the signing of the Contract. The approval by the Engineer or his
representatives of such descriptive data shall not relieve the Contractor of any of his
responsibilities under the Contract.
ARTICLE 11. TEST PROCEDURE INSTRUCTIONS
11.1 The Contractor shall submit to the Engineer or his representatives for approval, during or
immediately following the submission of drawings, tests procedure instructions describing
tests that may be required during manufacture and/or tests which have to be performed on
completion.

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11.2 Such instructions shall define the sequence of tests, equipment preparation, operation
procedures to be followed and the detailed procedures for conducting the tests. Further
details mentioned in the Technical Specifications which pertain to test procedure
instructions and types of tests to be performed shall be followed.
ARTICLE 12. INSTRUCTION MANUALS FOR OPERATION AND MAINTENANCE
12.1 The Contractor shall provide the Engineer or his representatives, and Supervisor an
Operation and Maintenance Manual which should include easily readable diagrammatic
drawings of the structures and equipment upon completion of the Work. The Contractor
shall, in preparing the instruction manuals, take into account the lack of experience and
non-familiarity of the operation and maintenance personnel on the type of equipment.
12.2 In this regard, the Engineer shall fully cooperate with and assist the Contractor in
establishing an operation and maintenance (O&M) program.
ARTICLE 13. SUBMISSION AND REVIEW OR APPROVAL OF CONTRACTOR
13.1 The Contractor shall, except as specifically noted elsewhere in the Contract or directed by
the Engineer or his representatives, submit his drawings and documents to the Engineer or
his representatives for his review and subsequent approval, at least seven (7) calendar days
prior to the execution of the work concerned in the said drawings and documents.
13.2 The Engineer or his representatives shall reserve the right to make general changes to the
procedure during the course of the works when he deems the changes to be necessary.
13.3 No concrete or permanent work shall be executed until the applicable drawings and
documents have been approved by the Engineer or his representatives. Prior to execution, a
joint inspection shall be undertaken by the Engineer or his representatives and the
Contractor, or their respective authorized representatives, to ensure that the approved
drawing(s) and documents and the appropriate specifications have been fully complied
with. All discrepancies or deficiencies that may be discovered shall be corrected before
execution.
13.4 All works done prior to the Engineers or his representatives approval of applicable
drawings and/or documents shall be at the Contractors risk.
13.5 Approval by the Engineer or his representatives, on the Contractors drawings and/or
documents shall not relieve the Contractor of his obligations such as the responsibility for
complying with all the requirements of the specifications, the correctness of his drawings
and documents, for adequacy, of the method of construction and others.
ARTICLE 14. DOUBTS
14.1 The Contractor shall promptly notify the Engineer or his representatives in any of the
following cases:
a) If the Contractor discovers any indication in the Drawings or Specification which is not
clear and definite, any discrepancy between the Drawings and Specifications, or any
error or omission in the Drawings or Specifications;

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b) If the Contractor deems it inappropriate to execute the Work in accordance with the
Drawings, Specifications or instructions of the Engineer or his representatives;
c) If the Contractor discovers any difference between the conditions of execution
indicated in the Contract and the actual circumstances;
d) If any unforeseeable condition is found at the Site of the Work, which gives
construction an obstacle to the execution of the Work.
14.2 Upon receipt of the notification mentioned in the preceding paragraph 14.1, or upon
discovery by himself of the facts enumerated in any of the items of the preceding paragraph
14.1, the Engineer or his representatives shall promptly give instructions appropriate to the
Contractor.
ARTICLE 15. INSPECTION OF SITE
15.1 The Contractor shall be deemed to have relied upon its own examination of the Site and to
have informed himself fully and its own expense as to all data, matters and things, local or
otherwise, requisite to the fulfillment of the Contract.
15.2 Failure to acquaint himself fully with all available information concerning conditions
affecting the Work will not relieve the Contractor of its responsibility for estimating the
difficulties and costs of satisfactory performing the Work.
ARTICLE 16. WORK TO THE SATISFACTION OF THE ENGINEER
16.1 Save in so far as it is legally or physically impossible, the Contractor shall execute,
complete and maintain the Work in strict accordance with the Contract to the satisfaction of
the Engineer and shall comply with and adhere strictly to the directions made by the
Engineer or his representatives.
ARTICLE 17. PROGRAM TO BE FURNISHED
17.1 The Contractor shall submit to the Engineer or his representatives, for his approval a
detailed construction schedule and a program within seven (7) calendar days after signing
of the Contract showing the order of procedure and method in which he proposes to carry
out the Work. Whenever required by the Engineer or his representatives, the Contractor
shall furnish for its information particulars in writing of the Contractors arrangements for
carrying out the Work and of the Construction Plant and Temporary Work which the
Contractor intends to supply, use or construct as the case may be.
17.2 The submission to and approval by the Engineer or his representatives of such program or
the furnishing of such particulars shall not relieve the Contractor of any of its duties or
responsibilities under the Contract.

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ARTICLE 18. CONTRACTORS SUPERINTENDENCE

18.1 The Contractor shall give or provide all necessary superintendence during the execution of
the Work and as long thereafter as the Engineer or his representatives may consider
necessary for the proper fulfillment of the Contractors obligations under the Contract. The
Contractor or a competent and authorized agent or representative approved in writing by
the Engineer or his representatives is to be constantly on the Work and shall give its whole
time to the superintendence of the same. Such authorized agent or representative shall
receive, on behalf of the Contractor, directions and instructions from the Engineer or his
representatives.
18.2 If such approval shall be withdrawn by the Engineer or his representatives, the Contractor
shall, as soon as practicable (having regard to the requirement of replacing him as
hereinafter mentioned) after receiving written notice of such withdrawal, remove the agent
from the Site and shall replace him by other agent approved by the Engineer or his
representatives.
ARTICLE 19. COMMENCEMENT, CARRYING OUT AND COMPLETION OF WORKS
19.1 The execution of the works under the Contract shall commence not later than the
commencement date stated in the Notice to Proceed issued to the Contractor or the Contract
Agreement or the Tender Documents.
19.2 The Contractor shall commence the Works under the Contract and shall complete the
Works within the specified contract time and in accordance with the approved construction
program.
ARTICLE 20. CONSTRUCTION PROGRAM
20.1 The Contractor shall submit a detailed Construction Program, or revision of the same, to
the Engineer for approval.
20.2 A construction program showing in full detail the Works to be carried out under the
Contract shall be submitted by the Contractor within seven (7) calendar days after the
signing of the Contract. The construction program shall be submitted in conjunction with
the schedule in network and bar chart forms for each work item.
20.3 Whenever the Contractor proposes to modify or revise the Construction Program, the
Contractor shall immediately notify the Engineer or his representatives in writing for the
approval of the modification or revision.
20.4 When requested by the Engineer or his representatives, the Contractor shall promptly
furnish a detailed sub- program of the Construction Program for particular sections of the
Permanent Works.

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ARTICLE 21. PROGRESS REPORT

21.1 The Contractor shall, before the tenth (10th) day of each month, submit two (2) sets of
monthly progress report in a format acceptable to the Engineer, detailing the progress of the
work accomplished during the preceding month. The reports shall contain but are not
limited to the following:
a) A general description of the work performed during the reporting period on each main
activity, including all notable problems encountered.
b) The total overall percentages of the project works completed as well as scheduled by
the CPM Network as of the end of the reporting period, with appropriate comments in
writing to explain differences, if any, certified copies of a complete Bill of Materials
(BM) to accomplish the Contract on a Material Status Report (MSR).
c) The percentages of each main work activity completed as well as scheduled during the
month, with appropriate comments in writing to explain differences, if any.
d) A list of all activities scheduled progress or actual progress during the reporting period
including Contractors actual or forecast start date versus scheduled start date, and the
actual or forecast completion date versus scheduled completion date of each activity,
with appropriate remarks in writing to explain differences, if any.
e) A list of local manpower (by grade classification) employed and schedule during the
reporting period.
f) A list of expatriate personnel (by position) employed during the reporting period.
g) A list of the Contractors owned equipment and materials presently located at the site.
h) Photographs of the type called for in Clause ARTICLE 22 hereinafter.
i)

Main items of Temporary Works performed during the reporting period.

j)

A statement detailing the status of progress on the overall project and how to regain any
lost time or setbacks, which may have occurred.

k) A general description of the weather, maximum and minimum temperatures for each
day throughout the month.
l)

A list of stopped (inoperative) equipment, action being taken to bring it back in

operation and the estimated date for the repairs to be completed.

m) A statement concerning operation, maintenance and repair of the construction plants

and equipment.

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ARTICLE 22. PROGRESS PHOTOGRAPHS

22.1 The Contractor shall, throughout the contract period, submit to the Engineer or his
representatives color progress photographs, which clearly show the work progress being
made. The photographs shall be taken at the start, during and at the completion of each
major component of the work and at other times and places as directed by the Engineer or
his representatives. The photographs shall be attached to the progress report specified in
Clause ARTICLE 21 above. Copy in CD should also be submitted to JICA.
22.2 The Contractor shall submit two (2) sets of color photographs adequately edited and in a
booklet form showing the entire sequence of the work from start to finish.
ARTICLE 23. MONTHLY WORK SCHEDULES
23.1 The Contractor shall, at the end of each month, submit two (2) copies of a monthly bar
chart type of schedule to show the work, which is proposed to be accomplished during the
succeeding month. This schedule will show, by means of bars, the days within the month
when each main activity will be worked on. The schedule shall be submitted to the
Engineer or his representatives by the first day of each month for his review and comments.
ARTICLE 24. JOINT PROGRESS MEETINGS
24.1 Regular meetings between the key personnel of the Engineer, JICA - CPO and those of the
Contractor shall be held once a month at a time agreed upon. The purpose of these meetings
will be to discuss the progress being made, the work proposed for the forthcoming week,
and any problem having a direct bearing on the immediate to near term work activities.
ARTICLE 25. PERCENTAGE OF COMPLETION CHART WITH S CURVES
25.1 The Contractor shall prepare Percentage of Completion Chart with S Curves in a format
agreed to by the Engineer or his representatives and submit it for approval within seven (7)
calendar days after the Contract has been signed.
25.2 In preparing the chart, the Contractor shall estimate and list down the proposed percentage
for completing each sub-activity of a main activity, with the total percentages of the subactivities adding up to 100% for a particular main activity. In addition, the Contractor shall
estimate and list down the proposed percentages for mobilization and demobilization, with
the total percentages for the main activities, mobilization and demobilization adding up to
100% of the entire project.
25.3 The Contractor shall, by the third day of each month, determine the percentage of work
completed during the preceding month. Based thereon, the Contractor will then plot the
actual percentage of completions S curves against the proposed percentage of
completions S curves and submit the chart in five (5) copies to the Engineer or his
representatives for review, along with comments in writing to explain differences between
the actual and the proposed percentages.

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ARTICLE 26. CONTRACTORS EMPLOYEES

26.1 The Contractor shall provide and employ at least 50% of his local workforce on the Site in
connection with the execution and maintenance of the Work:
a) only such technical assistants who are skilled and experienced in their respective
callings, and such sub-agents, foremen and leading hands who are competent to give
proper supervision to the work they are required to supervise, and
b) such skilled, semi-skilled and unskilled labor necessary for the proper and timely
execution and maintenance of the Work.
26.2 The Contractor shall assume the responsibility of the Engineer or his representatives
provided for in the laws, ordinances and regulations concerning labor and laborers as in
force in the Philippines.
26.3 No person shall be employed by the Contractor in the Project unless he is duly registered
with the Social Security System. The Contractors employees contributions to the Social
Security System and Medicare shall be promptly remitted to the appropriate office. The
Contractor shall be responsible for requiring his Subcontractor to comply with this
provision.
26.4 The Engineer or his representatives shall be at liberty to object to and require the
Contractor to remove forthwith from the Work any person employed by the Contractor in or
about the execution or maintenance of the Work who in the opinion of the Engineer or his
representatives, misconducts himself or is incompetent or negligent in the proper
performance of his duties or whose employment is otherwise considered by the Engineer or
his representatives to be undesirable. Such person shall not be employed again in the Work
without the written permission of the Engineer or his representatives. Any person so
removed from the Work shall be replaced as soon as possible by a competent substitute
approved by the Engineer or his representatives.
ARTICLE 27. SETTING OUT
27.1 The Engineer or his representatives had established reference survey marks on the Site that
are for reference purpose only. The Contractor shall carry out a check survey thereon before
using any of these marks for setting out the Works and shall satisfy himself as to their
accuracy. The Contractor may establish additional temporary bench marks for its own
convenience, but each temporary bench mark so established shall be of a design and in a
location approved by the Engineer or his representatives, and shall be accurately related to
the bench marks. The Contractor shall cooperate with the Engineer or his representatives in
checking the setting out or in performing surveys and measurements for inspection
purposes.
27.2 The Contractor shall be responsible for the true and proper setting-out of the Work in
relation to original points, lines and levels of reference given by the Engineer or his
representatives, and for the correctness (subject as above mentioned) of the position, levels,
dimensions and alignment of all parts of the Work and for the provision of all necessary
instruments, appliances and labor in connection therewith.

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27.3 If, at any time during the progress of the Work, any error shall appear or arise in the
position, levels, dimensions or alignment of any part of the Work, the Contractor, on being
required to do so by the Engineer, shall rectify such error to the satisfaction of the Engineer
or his representatives.
27.4 The checking of any setting-out or of any line or level by the Engineer or his
representatives shall not in any way relieve the Contractor of its responsibility for the
correctness thereof and bench- marks, site-rails, pegs and other things used in setting out
the Work.
ARTICLE 28. PREVENTION OF DAMAGE
28.1 The Contractor shall, at his own expense, take necessary measures appropriate to the Work
and its surroundings, in accordance with the Contract Documents and relevant laws,
ordinances and regulations, in order to prevent damage to the Work, construction materials,
adjacent structures or a third party, until the final completion and delivery of the Work.
28.2 The Contractor shall, whenever he considers it especially necessary to do so for the
prevention of accidents, take appropriate measures, asking in advance for the opinion of the
Engineer; provided, however, that in case of urgency, the Contractor shall, after taking such
measures, notify the Engineer or his representatives, thereof.
28.3 Whenever the Engineer or his representatives consider it necessary to take measures
appropriate for the prevention of accidents and has requested the Contractor to do so, the
Contractor shall promptly comply therewith.
ARTICLE 29. DAMAGE TO THIRD PARTY
29.1 If, during the execution of the Work, any injury or loss of life has been caused to a third
party, or if any damage has been caused to its property, or if any other dispute has arisen
with the third party, the Contractor shall be fully responsible to compensate the third party
for such loss and damage.
29.2 The Contractor shall take out and maintain insurance against any loss and damage on the
third party under the name of the Contractor.
ARTICLE 30. GENERAL DAMAGE
30.1 If any damage for which the Contractor is responsible has been caused to any part of the
Work, or approved construction materials or equipment for the execution of the Work,
before the delivery of the Work, the Contractor shall make the necessary corrective measure
of such damage.
30.2 The Engineer shall be liable for those arising from any of the following cases, and the
Contractor shall be entitled to an extension of time for Completion of the Work.
a) When the Contractor has been unable to commence the Work by the date of
commencement due to the Clients convenience, or when the Client/ the Engineer has
postponed or suspended the Work, or

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b) When such damages have been caused by any person for whom the Client or Engineer
is responsible.
ARTICLE 31. DAMAGES CAUSED BY FORCE MAJEURE
31.1 If any damage has been caused to any work done or to approved construction materials or
equipment for the Work due to Force Majeure such as war, epidemic quarantine restriction,
earthquake, flood, fire, strike, insurrection and any other natural disaster or unusual event
or any other cause beyond the control of the parties, the Contractor shall notify the
Engineer and the Client promptly after such occurrence.
ARTICLE 32. INSURANCE OF THE WORK
32.1 During the execution of the Work, the Contractor shall take out and maintain insurance
against any loss or damage, other than the damages caused by Force Majeure stipulatedin
the preceding ARTICLE 31, on the Work and the Construction materials and
equipment for the Work as follows:
1) The Work for the time being executed at its estimated current contract value thereof,
together with the materials for incorporation in the Work at their replacement value.
2) The construction materials and equipment for the Work brought to the Site by the
Contractor at the replacement value of such construction materials and equipment.
32.2 The Contractor shall, whenever required, submit to the Engineer the policy or policies of
insurance and the receipts for payment of the current premiums.
ARTICLE 33. FOSSILS, ETC.
33.1 All fossils, coins, articles of value or antiques and structures and other remains or things of
geological or archaeological interest discovered on the site of the Work shall be deemed to
be the absolute property of the Client. The Contractor shall take reasonable precautions to
prevent its workman or any other persons from removing or damaging any such article or
thing and shall immediately upon discovery thereof and before removal acquaint the
Engineer of such discovery and carry out the Engineers orders as to the disposal of the
same.
ARTICLE 34. PATENTS, RIGHTS AND ROYALTIES
34.1 The Contractor shall save harmless and indemnify the Client from and against all claims
and proceedings for or on account of infringement of any patents, rights, design, trademark
or name or other protected rights in respect of any Construction Plant, machine, work or
material used for or in connection with the Work or Temporary Work or any of them and
from and against all claims, demands, proceedings, damages, costs, charges and expenses
whatsoever in respect thereof or in relation thereto.
34.2 Except where otherwise specified the Contractor shall pay all tonnage and other royalties,
rent and other payments or compensation for extracting stone, sand, gravel, clay or other
materials required for the Work or Temporary Work or any of them.

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ARTICLE 35. INTERFERENCE WITH TRAFFIC AND ADJOINING PROPERTIES

35.1 All operations necessary for the execution of the Work and for the construction of any
Temporary Work shall as far as compliance with the requirements of the Contract permits,
be carried out so as not to interfere unnecessarily or improperly with the public
convenience or the access to use and occupation of public or private roads and footpaths or
to or of properties whether in the possession of the Client or any other person.
35.2 The Contractor shall save harmless and indemnify the Client in respect of all claims,
demands, proceedings, damages, costs, charges and expenses whatsoever arising out of or
in relation to any such matters in so far as the Contractor is responsible therefore.
ARTICLE 36. SUPPLY OF PLANT, MATERIALS AND LABOR
36.1 Except where otherwise specified the Contractor shall, at its own expense, supply and
provide all the Construction Plant, Temporary Work, materials both for temporary and for
permanent works, labor (including the supervision thereof), transport to or from thesite and
in and about the work and other things of every kind required for the construction,
completion and maintenance of the Work.
36.2 The Contractor shall use construction materials that have passed the test required in the
Contract. If the Engineer or his representatives considers the construction materials as
improper, he may require the Contractor to replace it.
36.3 Expenses incurred for the tests mentioned above in the preceding paragraph 36.2 shall be
borne by the Contractor.
36.4 The Contractor shall remove rejected materials as instructed by the Engineer or his
representatives.
ARTICLE 37. CONSTRUCTION FACILITIES FOR TEMPORARY WORKS
37.1 As mentioned in Sub-clause ARTICLE 8, the Contractor shall submit drawings of
temporary works for review and approval by the Engineer or his representatives before
constructing such works. The Contractor shall also obtain all necessary approvals from the
Engineer or his representatives or other government authorities before commencing
construction. Such work shall not be started without prior approval of the Engineer or his
representatives.
37.2 The Contractor shall be responsible for safeguarding and lighting the works and for the
control of traffic and shall comply with the requirements of the Engineer or his
representatives, and the competent authority in these matters.
37.3 On completion of the Works, all Temporary Works constructed by the Contractor, unless
otherwise specified or directed by the Engineer or his representatives, shall be removed
from the Site. The Contractor shall make safe all areas affected by the Temporary Works
and reinstate natural drainage. The Contractor shall finish, reinstate, clean and relinquish
parts of the Site at the end of the Period of Maintenance of such earlier times as directed by
the Engineer or his representatives.

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ARTICLE 38. TEMPORARY BUILDINGS

38.1 The Contractor shall provide, maintain and subsequently remove temporary buildings such
as the Contractors offices, laboratory, workshops, quarters, labor camps and other
buildings necessary for execution of the Works with the exception of facilities that may be
retained on order of the Engineer or his representatives. The Contractor shall submit site
plans and general particulars of the temporary buildings to the Engineer or his
representatives for approval. The construction of the temporary buildings shall not be
started without such prior approval.
38.2 The Contractor shall make his own arrangement for all yards, stores, workshops, offices,
and for all services in connection therewith and shall be agreed beforehand with the
Engineer as such to avoid obstruction and nuisance to public.
38.3 The temporary toilet facilities shall meet the requirements of the government health
authorities. The location of those facilities and their construction shall be as approved.
38.4 Sewage from temporary facilities shall be disposed of in a hygienic manner as
approved.Separate payment will not be made for the sewerage and all costs shall be
deemed to be included in the unit and lump sum prices in the Bill of Quantities.
ARTICLE 39. OTHER TEMPORARY FACILITIES
39.1 Other temporary facilities such as scaffolding, work platform, carriage way, work space and
storage, etc., for the execution of the Works shall be designed, constructed,
operated,maintained and subsequently removed by the Contractor at his own
expense.
TheContractor shall submit to the Engineer or his representatives, for
approval the details of such temporary facilities.
ARTICLE 40. MOBILIZATION AND DEMOBILIZATION
40.1 The Contractor shall mobilize and move into the Site, in accordance with his approved
construction program and equipment moving-in and utilization schedule, the required
construction equipment needed for the successful completion of the Work immediately
after receipt of the approved construction program.
40.2 The Engineer or his Representatives shall check and verify the number, type and actual
condition of the equipment moved into the Site. The Engineer reserves the right to order the
removal of such equipment that is not in good working condition from the Site.
40.3 Demobilization shall include dismantlement and removal from the Site of Contractors
construction plant, materials and equipment and all temporary facilities with the exception
of some offices, which the Engineer or his Representatives will decide to use for operation
and maintenance activities of the facilities. Demobilization shall also include clean up of
the site after completion of the contract work as approved by the Engineer or his
representatives and moving out of the Contractors employees from the Site. The offices
decided to be retained by the Engineer shall be handed over in a fully operational condition.

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ARTICLE 41. BOUNDARY OF THE WORKS

41.1 The Supervisor will be responsible for making available the Site upon which the Works are
to be constructed.
41.2 The Contractor shall not exceed the limits of the Site as directed by the Engineer and/or the
Supervisor except in exceptional circumstances with prior approval of the Engineer and the
Supervisor.
41.3 The Contractor shall pay all costs, expenses, rentals, compensation or other disbursements,
which may be incurred by him in negotiations with occupier or any third party and during
the subsequent use by him of such private land or roads for these purposes. No
reimbursement will be made to the Contractor in this respect.
41.4 The Contractor shall be responsible for all, which he may do, to land or property lying
outside the Site as defined above.
ARTICLE 42. TRESPASS
42.1 In carrying out the Works due regard shall be paid to the amenities of adjacent property and
to the interests of land, tenants, and occupiers. The Contractors shall take adequate steps to
prevent trespass by his employee and the employees of his sub-contractors, and shall be
wholly responsible for any loss or damage caused by such trespass.
ARTICLE 43. SITE TO BE KEPT TIDY
43.1 Throughout the progress of the Works, the Contractor shall keep the Site and all working
areas in a tidy and workmanlike condition and free from rubbish and waste materials. Any
temporary works, Construction plant, materials or other things, which for the time being are
not required for use by the Contractor may, with the consent of the Engineer, be removed
from the Site but otherwise shall be dispersed about the Site in an orderlyfashion and shall
be properly and securely stored thereon. The Contractor shall make safe and reinstate all
areas affected by the Works.
ARTICLE 44. CONDITION OF THE SITE
44.1 Before carrying out any work, the Contractor shall inspect the Site in conjunction with the
Engineer and the Supervisor to establish its general condition which shall be agreed and
recorded in writing, and where, in the opinion of the Engineer and the Supervisor, it is
deemed necessary, by means of photography.
44.2 Details recorded shall include the location of all boundary and survey marks, the conditions
of existing facilities and other information relating to the Site and elsewhere which may be
affected by the Contractors operation.
44.3 The boundary of the land acquired for the construction of the Works will be defined by the
Supervisor. The Contractor shall maintain them from commencement to final completion of
all works.

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44.4 In the event of any boundary or survey marks being disturbed or displaced as a result of the
Contractors operations, the Contractor shall forthwith, at his own expense, replace the
survey marks. The Contractor shall employ the services of a qualified surveyor for this
purpose if the boundary or survey beacon disturbed or displaced was established for the
purpose of land title deeds.
ARTICLE 45. PRECAUTIONS FOR SAFETY
45.1 The Contractor shall take all necessary precautions against risks of loss of life or of injury
to any person employed on the Works, or to employees of the Engineer and of the
Supervisor or of others, or to visitors or persons having good and sufficient reasons to be
around the Works. To this end, the Contractor shall provide safeguards in the Works to the
satisfaction of the Engineer and the Supervisor. The Contractor shall, furthermore, take all
necessary precautions against damage to the property of the Supervisor or of others located
at or adjacent to the Site.
45.2 The Contractor shall at all times comply with all accident prevention regulations and all
safety regulations peculiar to the various trades employed on the Works.
45.3 The Implementing Rules and Regulation provisions on performance security shall form
part of these General Conditions, but in case of conflict between these General Conditions
on performance security and the IRR-RA 9184 provisions on the same project, the IRR-RA
9184 shall prevail.
45.4 The Contractor shall report promptly to the Engineer and/or Supervisor all accidents
involving the death of or serious injury to any persons, on the Site or resulting from the
Contractors operations.
45.5 The Contractor shall provide all necessary signs for the Works. These shall include but not
be limited to the following:
a)
b)
c)
d)
e)
f)

Standard road traffic signs

Warning signs
Danger signs
Control signs
Safety signs
Direction signs

45.6 Wording on all signs shall be in English and Filipino languages. The size, color, lettering
and location of all signs shall be subject to approval of the Engineer and the Supervisor and
special attention shall be paid to the international system of signs.
45.7 The Contractor shall maintain all signs so placed as well as those placed by the Supervisor.
The Contractor shall pay particular attention to the traffic control on public roads where his
equipment or vehicle frequently passes. In addition to road signs, he shall post flagmen at
critical places on such roads to maintain the smooth flow of traffic.

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45.8 The Contractor shall, within twenty-four (24) hours of the occurrence of any accident at or
about the Site or in connection with the execution of the Works, reports such accident to the
Engineer. The Contractor shall also report such accident to the appropriate authorities when
it is required by law. The Contractor shall be required to furnish monthly reports of all
accidents to staff, workmen, equipment or plant involving loss of time, giving such
information as may be prescribed by the Engineer and the Supervisor.
45.9 Safety instructions shall deal with all safety measures including but not limited to the
following:
a)
b)
c)
d)
e)
f)
g)

Regular maintenance of construction equipment;

Protective clothing, helmet and footwear
Use of lifting equipment
Existing, temporary and proposed electric facilities;
Welding;
Routine procedure in case of accidents, fires, etc.; and
Watchmen, warning notices and barriers

ARTICLE 46. LABOR

46.1 Supply of Water
The Contractor shall in so far as in reasonably practicable having regard to local conditions,
provide on the Site to the satisfaction of the Engineer an adequate supply of potable water
for the use of the Contractors staff and work people.
46.2 Alcoholic Liquor or Drugs
The Contractor shall not, in accordance with the Statutes, Ordinances and Government
Regulations or Orders for the time being in force, import, sell, give, barter or dispose of any
alcoholic liquor or drugs or permit or offer any such importation, sale, gift, barter or dispose
by its sub-contractors agents or employees.
46.3 Arms and Ammunition
The Contractor shall not give, barter or dispose of to any person or persons any arms and
ammunition, of any kind, or permit or offer the same as aforesaid.
46.4 Festivals and Religious Customs
The Contractor shall in all dealings with labor in its employ, have due regard to all
recognized festivals, days of rest and religious or other customs.
46.5 Epidemics
In the event of any outbreak of illness of an epidemic nature, the Contractor shall comply
with and carry out such regulations, orders and requirements as may be made by the
Government or the local medical or sanitary authorities for the purpose of dealing with and
overcoming the same.
46.6 Disorderly Conduct, etc.
The Contractor shall at all times take all responsible precautions to prevent any unlawful

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riotous or disorderly conduct by or amongst its employees and for the preservation of peace
and protection of persons and property in the neighborhood of the Work against the same.
ARTICLE 47. DAILY REPORT OF LABOR, ETC.
47.1 The Contractor shall, if required by the Engineer, deliver to the Engineer or at its office a
daily report in such form and at such intervals as the Engineer may prescribe showing the
supervisory staff and the numbers of the several classes of labor from time to time
employed by the Contractor on the Site and such information with respect to Construction
Plant.
ARTICLE 48. ACCESS TO SITE
48.1 The Engineer and the Supervisor or any person authorized by them shall at all times have
access to the Work and to the Site and to all workshops and places where work is being
prepared or whence materials, manufactured articles or machinery are being obtained for
the Work and the Contractor shall afford every facility for and every assistance in obtaining
the right to such access.
ARTICLE 49. WORKS NOT IN COMPLIANCE WITH THE CONTRACT
49.1 Any part of the Work found to be in noncompliance with the Contract shall be
reconstructed by the Contractor in accordance with the instruction of the Engineer.
ARTICLE 50. SUSPENSION OF WORK
50.1 The Contractor shall, on the written order of the Engineer, suspend the progress of the
Work or any part thereof for such time or times and in such manner as the Engineer may
consider necessary and shall during such suspension properly protect and secure the Work
so far as is necessary in the opinion of the Engineer.
50.2 On the written order of the Engineer, the progress of the Work or any part thereof shall be
suspended for a period or consecutive periods amounting in all to sixty (60) days. Or the
Engineer having previously issued a Suspension Order for a period which has lasted less
than sixty (60) days shall, within less than sixty (60) days from the expiration of that period
of suspension, issue a further Suspension Order either in respect of the whole of the Work
or (where the previous Suspension Order has affected only a part) affecting or include that
part then. And in any such case the Contractor may serve a written notice to the Engineer
requiring permission within twenty-eight (28) days from the receipt thereof to proceed with
the work or that part thereof in regard to which progress is suspended. And if such
permission is not granted within that time, the Contractor by a further written notice so
served may (but is not bound to) elect to treat the suspension where it affects part only of
the Work as an omission of such part under Article of Alteration, Addition and Omission
hereof or where it affects the whole work as an abandonment of the Contract by the Client.

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ARTICLE 51. POSSESSION OF SITE

51.1 Save in so far as the Contract may prescribe the extent of portions of the Site to which the
Contractor is to be given possession from time to time, and the order in which such
portions shall be made available to him and subject to any requirement in the Contract as to
the order in which the Work shall be executed, the Engineer and/or Supervisor will give to
the Contractor possession of so much of the Site as may be required to enable the
Contractor to commence and proceed with the construction of the Work in accordance with
the program referred to in ARTICLE 17 of Program to be finished hereof (if any) and
otherwise in accordance with such reasonable proposals of the Contractor as he shall, by
notice in writing to the Engineer, make and will from time to time as the Work proceed
given to the Contractor possession of such further portions of the Site as may be required to
enable the Contractor to proceed with the construction of the Work with due dispatch in
accordance with the said program or proposal (as the case may be).
ARTICLE 52. RATE OF PROGRESS
52.1 The whole of the materials, plant and labor to be provided by the Contractor and the mode,
manner and speed of execution and maintenance of the Work are to be of a kind and
conducted in a manner to the satisfaction of the Engineer.
52.2 Should the rate of progress of the Work or any part thereof be, at any time in the opinion of
the Supervisor, too slow to ensure the completion of the Work by the prescribed time or
extended time for completion, the Engineer shall so notify the Contractor in writing and
Contractor shall thereupon take such steps as the Contractor may think necessary and the
Engineer may approve to expedite progress so as to complete the Work by the prescribed
time or extended time for completion.
ARTICLE 53. CONTRACTORS RECORDS
53.1 The Contractor will cooperate with the Engineer in keeping records relating to the
performance of the Work.
53.2 The Contractors records shall remain on site or at a place designated by the Engineer and
shall be made readily available to the Engineer at all times.
53.3 The Contractor shall provide the Engineer with such copies of all records as he may require
without unreasonable delay.
53.4 The Contractor shall keep all the records safe at all times from theft and fire or loss from
any other cause.
ARTICLE 54. CERTIFICATE OF COMPLETION OF WORK AND COMMISSIONING
54.1 As soon as, in the opinion of the Engineer, the Work shall have been substantially
completed and shall have satisfactorily passed any final test that may be prescribed by the
Contract, the Engineer shall issue a Certificate of Completion in respect of the Work,
Acceptance of Testing, Certificate of Commissioning and a Certificate for the final
payment for approval by the Client. The Period of Guarantee of the Work shall commence
from the date on which the Engineer shall issue a Certificate of Completion.

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ARTICLE 55. INSPECTION DURING AND ON COMPLETION OF WORK

55.1 All works to be performed and plant to be supplied under the Contract shall at all times be
subjected to inspection by the Engineer and the Supervisor or its authorized representatives
or its appointed inspectors.
55.2 The Contractor shall provide every facility as required by the Engineer or any one of the
said inspectors for examination, inspection and test said work and plant.
55.3 The Contractor shall notify the Engineer before beginning any operation or before
resuming an operation, which may have been previously suspended for any reason, so as to
enable him to arrange for the necessary inspection.
55.4 All work and plant condemned by the Engineer shall be made good, or replacement or
repair of defective work of plant, as required by the Engineer, up to the time of the final
acceptance by the JICA -CPO of all work performed under the Contract.
55.5 All work and other property, which is disturbed, injured, damaged or destroyed in the
course of removal of the condemned work shall be promptly repaired and made good to the
Engineers satisfaction.
55.6 If the Specifications, the Engineers instructions, laws, ordinances or any public authority
require any work to be tested or approved, the Contractor shall give the Engineer and
Supervisor adequate notice of its readiness for inspection and if the inspection is by any
authority other than the Engineer/Supervisor, of the data and time for such inspection.
55.7 Inspection by the Engineer and Supervisor will be promptly made. If any such work should
be covered up, or otherwise made inaccessible, without the approval or consent of the
Engineer, it shall, if required by the Engineer, be uncovered and made accessible for
examination. Restoration of any cover as required in the finished work shall be made to the
Engineers satisfaction.
Where required, the Contractor shall furnish a complete written statement of the origin,
composition and manufacture of all materials to be supplied and shall furnish samples
thereof, for testing examination and approval purposes. The materials actually used in the
Work shall be in accordance with approved samples.
55.8 The Contractor may change the source of supply of materials subject to written approval of
the Engineer.
The inspection herein provided for shall in no way relieve the Contractor of full
responsibility for the quality, character and proper operation and performance of the
completed Work or any part thereof.
55.9 If the Engineer shall waive the right of inspecting and testing as herein provided, it shall in
no way relieve the Contractor of full liability for the quality, character, proper operation and
performance of the completed work, and every part of it, nor shall it prejudice or affect the
rights of the Client set forth in the Contract.

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Quick Impact Project (QIP) under the

Comprehensive Capacity Development Project for the Bangsamoro (CCDP-B)

ARTICLE 56. GUARANTEE AGAINST DEFECTS

56.1 The Period of Guarantee against any defects except fair wear and tear in the Work shall be
twelve (12) months from the issuance date of the Certificate of Completion issued by the
Engineer.
56.2 The Contractor shall not be liable for defects in furniture or other similar items of the Work,
unless the Engineer requires the Contractor to repair or replace such defective work
promptly after its inspection at the time of delivery.
56.3 Provided, however, that the Contractor shall, for a period of twelve (12) months from the
date of the Certificate of Completion issued by the Engineer, be liable for making
corrective measures of any latent defects due to the use of materials or workmanship not in
accordance with the Contract, or to neglect or failure on the part of the Contractor to
comply with any obligation, expressed or implied, on the Contractors part under the
Contract.
56.4 If the latent defects mentioned in the preceding paragraph appear, the Client may require
the Contractor to remedy such defects within a reasonable period of time fixed by the
Client.
56.5 In case the Contractor fails to do work so ordered, the Client may have the work done and
charge the cost thereof against monies retained as provided for in the Contract and, if said
retained monies is not sufficient to pay for such work, the Contractor and his sureties agree
to pay to the Client the cost of such work.
56.6 The Contractor shall in case of work performed by the subcontractors and where guarantees
are requires secure warranties from said subcontractors and deliver copies of the same to
the Client upon completion of work.
56.7 The Contractor shall not be liable for defects, which arise from any of the causes mentioned
in paragraph of ARTICLE 50 Suspension of Work. However, in cases specified under
paragraph of ARTICLE 50 Suspension of Work, the Contractor shall not be relieved from
the responsibility for such defects. The provisions of the preceding paragraph of this Article
shall apply with necessary modifications to any loss or damage to the Work caused by
defects.
ARTICLE 57. CONTRACTOR TO SEARCH
57.1 The Contractor shall, if required by the Engineer in writing, search for the cause of any
defect, imperfection or fault under the directions of the Engineer. Unless such defect,
imperfection or fault shall be one for which the Contractor is liable under the Contract, the
cost of the work carried out by the Contractor in searching as aforesaid shall be borne by
the Client.
57.2 But if such defect, imperfection or fault shall be one for which the Contractor is liable as
aforesaid, the cost of the work carried out in searching as aforesaid shall be borne by the
Contractor and he shall in such case repair, rectify and make good such defect, imperfection
or fault at its own expense.

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Quick Impact Project (QIP) under the

Comprehensive Capacity Development Project for the Bangsamoro (CCDP-B)

ARTICLE 58. ALTERATIONS, ADDITIONS AND OMISSIONS

58.1 No Variation/Change Orders shall be made by the Contractor.
ARTICLE 59. CONSTRUCTION PLANT, TEMPORARY WORK AND MATERIALS
59.1 All Construction Plant, Temporary Work and materials provided by the Contractor when
brought to the Site shall be deemed to be exclusively intended for the construction and
completion of the Work. The Contractor shall not remove the same or any part thereof (save
for the purpose of moving it from one part of the Site to another) without the consent in
writing of the Engineer which shall not be unreasonably withheld.
59.2 Upon completion of the Work, the Contractor shall remove from the Site all the said
Construction Plant and Temporary Works, remaining with the exemption of some facilities
which the Engineer shall order to remain thereon and any unused materialsprovided by the
Contractor. The Engineer shall not at any time be liable for the loss of or damage to any of
the said Construction Plant, Temporary Work or materials.

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