Contract between President of the Jewish Community and General Contractor
View interactive document pageThis is a contract agreement between the President of the Baghdadi Jewish Community and a general contractor. It contains the conditions of the contract as well as estimates for labor and supplies for various construction projects.
⟦Army...⟧ Membership in the Council General and Accounts 4 years (From October 1948 - 11/11/1952) Law and system of the Israelite community and systems of committees (1) Hospitals (2) Schools (3) Endowments (4) Churches and special instructions regarding these subjects
Secret tender for the construction of: ⟦building⟧ on the land numbered ⟦...⟧ district of ⟦Ras al-Qarya⟧ Contract Form The engineer or engineers - The engineer who shall carry out this contract on behalf of the community is the engineer Saleh Yusuf or any other engineer or engineers appointed by the community in writing in this capacity and whose names are notified to the contractor for the execution of the work stipulated in this contract. And the contractor has also agreed hereby to provide - in accordance with the terms and conditions contained herein and in the specifications, the bill of quantities, and the maps - the construction materials stipulated in the general conditions and all workers, machinery, equipment, tools, instruments, scaffolding, and ⟦guarding⟧ and everything that is necessary or may be necessary for the works and services covered by this contract and to complete them fully with the highest degree of mastery and workmanship in the execution of ⟦...⟧ The contractor has acknowledged that he has visited the work site and has fully, accurately, and precisely reviewed all maps and the work to be performed under this contract and that he has also inspected the work area and the site for storing construction materials and water installations. Signature/ Chairman of the Administrative Committee for the Presidency of the Jewish Community in Baghdad. Witness ⟦...⟧ Date ⟦...⟧ Witness ⟦...⟧ Signature / Contractor Mr. ⟦...⟧ Date ⟦...⟧
Page 3 Maintenance is at his own expense, and the securities or what remains of them shall be returned to him after deducting the amounts duly owed by him at the end of the maintenance period and after the contractor has fulfilled his obligations and the work has been finally received from him. The contractor must carry out the repairs requested of him by the Community within one week from the date of notifying him in writing. If he fails to perform the work, the Community shall withdraw the securities belonging to him if they are in the form of a bank guarantee and perform the work at his expense and deduct the amount from him. 16 - Notices The two contracting parties waive the right to address notices from one to the other through the notary <del>public</del> in matters of this contract. Every notice directed from one of the parties should either be delivered to the address of the other party or sent to it by registered mail. 17 - Labor Laws The contractor is responsible for applying the labor law regarding all labor matters and complying with them regarding official holiday and feast wages and compensations, as he is also responsible for accidents that occur to his employees at the work site and he must pay all compensations resulting therefrom since the Community is not responsible at all regarding the workers. 18 - Withdrawal of Work from the Contractor and its Consequences a - If the contractor is unable to start work quickly upon merely receiving a written notice to that effect. b - Or if he falls short in performing the execution of the works at the required speed. c - Or if he is unable to perform the execution of the works in accordance with the contract. d - Or if he is delayed in completing the works beyond the deadline specified in the contract. e - Or if he actually stops work for a period of one week without written permission from the Community unless he proves the existence of force majeure and informs the engineer and the Community of it immediately and in writing. f - Or if he is unable to supply or install machines, workers, materials, and sufficient and appropriate equipment so that he can execute the permanent work quickly and without interruption. g - Or if he commits personally or through an intermediary any violation of any of the contract provisions he is bound to implement or pursue and continued in this violation for a period of 14 days (taking into account any special condition stating a shorter period) after being warned in writing by the engineer to rectify this violation. h - Or if he abandons the work entirely.
Page 5 The community shall have the right in any case to seize all or some of the machinery, tools, and materials even after the completion of the work, in order to guarantee its rights. The contractor must pay the community all expenses incurred in this regard in excess of the contract value, and must compensate it for all losses incurred as a result. The community may deduct the value of the expenses and losses referred to from the insurance amount, from the contractor's claims, or from any money belonging to him. If the work costs less than the contract prices, the difference shall not be returned to the contractor. For this purpose, the community may refrain from paying any amounts that have been granted to him until these expenses and losses are settled. The community may sell the machinery, tools, or materials that the contractor brought without being responsible for any losses incurred by him as a result of selling them. In the event that the work is withdrawn from the contractor, an inventory report shall be organized for the works, buildings, tools, equipment, and materials at the work site, and for the work that has been completed in a satisfactory condition, by the responsible community engineer. This inventory shall take place in the presence of the contractor, who must be officially notified to attend, either himself or his representative. If the contractor does not attend or does not send a representative, the inventory shall be conducted in his absence. This inventory shall be established by a report signed by the community engineer and the contractor or his representative. If any dispute or conflict arises regarding the condition of the existing work, this dispute or conflict and its nature must be recorded in the aforementioned report. 19- The prices to be set by the contractor include the layout of the building land according to the maps, along with preparing the surface of the ground <del>and that</del> by removing debris and transporting it outside (by cars if required) so that it is disposed of permanently. It also includes cleaning the building and the site after completing the work so that it is fit for immediate use before its temporary handover by the community or the supervising engineer. 20- The community has the right to carry out any item at its own responsibility by providing materials and labor or materials only, and the contractor performs the work, and the fee shall be as agreed upon if the community deems it necessary. If the community provides the materials and labor, it shall be at the expense of the contractor. 21- If new items are introduced that are not mentioned in the contract, they shall be agreed upon by the community and its engineer on one hand and the contractor on the other. If they do not agree, they may appoint an arbitrator with experience in that regard, provided that the dispute over that does not give the contractor any right to delay the work.
Page 6 Schedule of Works and Prices For the construction contract of: On the land numbered: District: Period | Details of Works | Quantity and Unit | Price | Amount 1 | Earth excavations for foundations Excavations shall be as indicated in the drawings and shall be vertical, with straight edges and sides, and the bottom of the excavation level and weighed. Resulting soil from the excavation shall be removed outside the construction site. If the contractor exceeds the works marked in the plan without the written approval of the engineer, the contractor must backfill the excess excavations with 1:3:6 concrete at their own expense. | ⟦360⟧ m3 | 500/- | ⟦180,000⟧ Dinars 2 | Paving works with broken bricks Broken bricks shall be of the solid overburnt type with a thickness of 12 cm. The price includes the process of hammering with iron rammers well, water spraying, and grouting with cement mortar at a ratio of 1-10. | ⟦375⟧ m2 | 200/- | ⟦75,000⟧ Dinars 3 | Plain concrete works for foundations The concrete ratio shall be 1:3:6 of cement, Habbaniyah sand, and washed river gravel graded in size 1 1/2 inches and below. The sand must be from Habbaniyah Lake sources, and river sand must not be used at all for any construction purpose except with the approval of the engineer. | ⟦20⟧ m3 | 7.750 | ⟦155,000⟧ Dinars 4 | Brickwork and cement Bricks shall be of the overburnt type, and construction shall be with cement mortar and Habbaniyah sand at a ratio of 1:4. The use of broken or used bricks is not permitted | ⟦477⟧ m3 | 5.250 | ⟦2,504,250⟧ ⟦illegible⟧ ⟦signature⟧ ⟦2,914,250⟧
Page 9 Item | Details of Works | Quantity and Unit | Price | Amount | Continued from Item (10) period of 48 hours after pouring and for a period of ten days for horizontal pours. The strength and durability of the formwork must be ensured, as the contractor is solely responsible for that. And if the resulting pours are not in accordance with the drawings or engineering art and construction principles, the contractor at that point is responsible for repairing them or removing them and pouring them again as necessity dictates. ⟦This item includes pouring the concrete⟧ ⟦illegible⟧ | | | 2029.650 11 | Roofing and Insulation works a) First, a layer of bitumen not less than 3/8" thick is placed directly on the roof, extending to the parapet walls to a height of 8 inches, provided that the bitumen is of the best types of local bitumen and that an amount of 15 percent of liquid bitumen is added during the burning of the bitumen. And it is not permitted to use black oil at all in the bitumen, noting the overlapping of the bitumen sheets on the surfaces by 4 cm at least over each other. b) Insulating the roofs with fine soil whose fineness matches Habariya sand, otherwise the supervising engineer may reject it. The insulation works are carried out by placing the soil in layers not exceeding 5 cm, moistened slightly with water and compacted with hand rammers, provided that the average insulation thickness is 10 cm in the middle and 15 cm near the parapets. c) Covering the surfaces again with a layer not less than 3/8" thick, noting what was mentioned in the above paragraph. | | -/860 | 120/400 2160.050 ⟦signature⟧
Page 14 Paragraph | Details of Works | Quantity and Unit | Price | Amount | Continued from paragraph (23) | | | 2629.220 | A - Hidden point with unslotted pipes with teeth. | | | | B - Visible point | | | | Note | | | | A two-way point is considered as one and a half points and considering | | | | the block, whatever its type, as half a point. | | | 24 | Ceilings | 350 m2 | 3.000 | ⟦1050.000 Dinars⟧ | To be in reinforced concrete according to the maps | | | | provided by the engineer in terms of thickness and reinforcement | | | | and the mixing ratio shall be 1 = 2 = 4. | | | | A unit price is requested to be set as follows to be followed in case | | | | the community decides to change the type of ceilings. | | | | A - Ceilings of the concrete Siporex type. | | 2.250 | | B - If the ceilings are of Akada (vaulted) type, knowing | | 2.500 | | that the steel beams (I-beams) used | | | | 6" x 3" placed at a distance of 75 cm from center | | | | to center and the price includes the I-beam as well as | | | | being painted with two coats of anti-rust paint. | | | | Note | | | | Ceilings are measured in all cases from inside the rooms | | | | i.e., the net area, while the part resting on the masonry | | | | is considered part of the brickwork construction, so the contractor must | | | | take that into account. | | | 25 | Construction with brick and gypsum for whitening | 500 m2 | 1.000 | 500.000 | See brick construction specifications mentioned in item (8). | | | 26 | Staircase railing | 25 L.M. | 6.000 | ⟦150.000 Dinars⟧ | And it shall be established with the best workmanship and quality in terms of | | | 4907.220
Page 15 Amount | Price | Quantity and Unit | Details of Work | Item | | | Continuation of item (26) | | | | Work and materials, and as for heights, design and measurements | | | | they can be viewed from the attached maps or at | | | | the sect's engineer or in the sect's offices. | | | | Tiling with glossy tiles for bathrooms | 27 | | | And the tile shall be in the color, type and shape chosen by | | | | the specialist engineer and be of the English type and the paving | | | | to the highest degree of perfection and its back must be coated | | | | with Sealocrete Mechanikey material | | | | keying liquid | | | | according to the manufacturer's specifications to prevent it from | | | | falling after application. | | | | Digging a cesspool with a depth of about 3.00 m. And the diameter from | 28 | | | the bottom is not less than 2.00 m and the construction shall be | | | | in a good manner with clean bricks and equipped with an English cover | | | | size 18 x 18 by 18. | Note When building the septic tank, its items are calculated individually according to the prices set in the bill of quantities in terms of excavation, construction, and cement plastering etc.... ⟦illegible⟧ 20,000 15,000 ⟦illegible⟧ 2,915,22 ⟦illegible⟧
Page 18 Item | Details of Work | Quantity and Unit | Price | Amount Continuation of item (z) Floor of each manhole with cement mortar and Habbaniya sand To direct and drain waste water properly. The inner faces of the walls shall be plastered with cement and sand mortar in a ratio of 1 = 3. The contractor shall supply and install these tools and sanitary installations, provided they are of the best types available in the markets, and the work shall be performed according to the highest technical methods. The price includes all necessary installations and pipes for fresh water and waste water, and necessary elbows, traps, tees, gully traps, valves, and 3-inch diameter vent pipes for toilets, provided that the contractor takes into account that his price also includes connecting and extending fresh water pipes to the roof and to the ground and first floors. It also includes extending waste water pipes (cast iron 4-inch diameter) to the waste water tanks. 5027.220 20. ⟦illegible⟧ 49.500 21. ⟦illegible⟧ 15.000 75.000 Total 5151.720 5151.720 Add 4% contingency expenses that the community may spend or may not spend (contingencies) 206.069 Final Total 5357.789 ⟦markings⟧