AI en Translation, Pages 26-50
Page 26
will be taken into consideration when studying the tender.
9 - Bidders must sign all maps attached to this tender as well as all
pages of the tender and return them within their bid.
10 - Materials
⟦line⟧
The contractor must provide all materials necessary for the work as specified in the maps and the schedule of
prices, and the contractor alone shall be responsible for all materials and tools at the work site
and shall be responsible for every theft or shortage that occurs therein, noting that all materials
at the work site are considered the property of the Presidency of the Administrative Committee for Iraqi Jews until
the completion of the work, and the contractor has no right to remove them or dispose of them except with the
written approval of the Administrative Committee.
11 - Dismissal of the Contractor's Employees
⟦line⟧
The engineer has full authority to request the contractor to dismiss or exclude any of
his employees whom the community deems undesirable or unfit to continue in the work, and the
contractor must implement those requests as soon as they are issued, and he has no right to claim any compensation
or indemnity that may result from that in any form whatsoever.
12 - Advances
⟦line⟧
The committee pays cash advances at the end of each month for the completed works and the materials
supplied at the work site after obtaining a certificate from the engineer to that effect, and that is
on the basis of 90% ninety percent of the cost of the completed works according to the contract
prices and 75% seventy-five percent of the value of the construction materials supplied
at the work site according to its local estimation. Provided that these advances
granted to the contractor are not considered as an admission of acceptance of the work by the committee, but rather
the contract terms apply to all completed work / which is to be finally handed over to the committee
13 - Final Measurement and Settlement of the Contractor's Account
⟦line⟧
After the work is completely finished in all respects as certified by the community's engineer, the
Administrative Committee shall receive the work as a provisional handover and the contractor's account shall be settled according to
Kingdom of Iraq
Ministry of Justice
Personal Status Court
for the Musawis in Baghdad
Number: ⟦...⟧
Date: ⟦...⟧
1 - ⟦...⟧ in ⟦...⟧
2 - ⟦...⟧
3 - ⟦...⟧
- ⟦...⟧
- ⟦...⟧
4 - ⟦...⟧
- ⟦...⟧
- ⟦...⟧
5 - ⟦...⟧
6 - ⟦...⟧
7 - ⟦...⟧
8 - ⟦...⟧
Page 27
p. ( 3 )
The total lump sum agreed upon in this contract after deducting all
advances paid to the contractor on account of his work, as for the deducted amount
of 10%, it shall be retained by the Administrative Committee until the end of the maintenance period and the final
acceptance of the work by the Committee.
14 - Rejection of Work
⟦line⟧
The engineer has the right to reject any materials supplied by the contractor or any work that is, in the engineer's view,
based on quality and workmanship that do not meet the required level or do not comply
with the specifications or drawings related to the contract, and the contractor must remove the rejected materials
and work and re-execute it at his own expense, including the materials present in
the rejected work.
Any work carried out without authorization in addition to the details given in
the drawings or issued instructions will not be recognized, nor will it be measured, and the value of
the materials used in the execution of such works will not be paid to the contractor.
15 - Maintenance Period
⟦line⟧
The contractor must maintain the work for a period of six months from the date the Committee receives
the work from him as a provisional acceptance, and he must repair all deficiencies or defects that
may appear during the maintenance period at his own expense, and the securities - or
what remains of them after deducting the amounts duly owed by him - shall be paid to him at the end of the maintenance period
and after the contractor has fulfilled his obligations and the work has been finally accepted from him.
- The contractor must carry out the repairs requested of him by the Committee within one week from
the date of his written notification, and in the event of his failure to perform the work, the Committee shall withdraw the securities
returned to him and perform the work at his expense and deduct the amount from him.
1-
2-
16 = Notices
⟦line⟧
The two contracting parties waive the right to issue notices from one to the other
- to be continued -
Page 28
( 4 ) p
through the notary public regarding the affairs of this contract. Every notice directed by one
of the two parties must either be delivered to the address of the other party or sent to them by registered mail.
17 - Labor Laws
⟦line⟧
The contractor is responsible for applying the labor law regarding all labor matters and observing them
concerning wages for official holidays, feasts, and compensations, as he is also responsible for accidents
that occur to his employees at the workplace and he must pay all the resulting compensations
thereof, as the Committee is not responsible at all regarding the workers.
18 - Withdrawal of work from the contractor and its consequences
⟦line⟧
a - If the contractor is unable to start work promptly upon receiving a written notice
to that effect.
b - Or if he fails to carry out the execution of the works at the required speed.
c - Or if he is unable to carry out the execution of the works ⟦in accordance with the contract⟧.
d - Or if he is late in completing the works ⟦the work⟧ beyond the deadline specified in the contract.
e - Or if he ⟦actually⟧ stops for a period of one week without written permission from the Committee unless
he proves the existence of force majeure and informs the engineer and the Committee of it immediately and in writing.
f - Or if he is unable to supply or install machinery, 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 provisions of the contract
he is bound to execute or observe and continues in this violation for a period of 14 days
(taking into account any special condition providing for a shorter period) after being warned in writing by
the engineer to rectify this violation.
h - Or if he abandons the work entirely.
i - Or if the contractor becomes (whether in Iraq or abroad) bankrupt
or if he files a petition for bankruptcy or his financial insolvency is proven or he settles with his creditors
or if the contractor was a company and its liquidation took place, whether the liquidation was compulsory
- to be continued -
Page 29
p ( 5 )
or voluntary (unless the liquidation was voluntary for the purpose of reconstituting the company
on bases established in writing by the government) or if the contractor was a company and was dissolved
or if the contractor gave, promised, or offered a gift, advance, reward, or benefit of any
kind to any employee or worker of the Mosaic Community, whether independent
or having any relation to the work subject of this contract, the committee in any of these cases may: -
1 - Withdraw the execution of the remaining works from the contractor.
2 - And without withdrawing the execution of the remaining works as mentioned above, by sending a -
written notice by order of the President of the Administrative Committee for Iraqi Jews to the contractor, and it shall be
valid
this notice is effective without taking any legal or official procedures.
3 - If the contractor is granted any grace period or leniency, this shall not diminish or prejudice the rights
of the community under this article, nor shall the previous provisions affect the right of the committee
to claim the compensations established under the laws in force.
4 - In the case of withdrawing the work or part of it from the contractor as previously stated
according to any other provisions contained in the contract, the committee, according to its estimation of the cost,
may exercise one of the following rights: -
a - To carry out by itself, at the contractor's expense, the execution of all works that have not
been completed yet or any part thereof.
b - To put all or some of the works that have not been completed yet into tender again.
c - To agree with one of the contractors in a private manner to complete the work.
In all these cases, the committee shall have the right to seize all or some of the
machinery, tools, and materials brought by the contractor and to use them
in completing the work, without being responsible to the contractor or others
for these machines, tools, and materials, or for any damage or decrease
in value for any reason, and without being responsible also for paying any amount
due for them to another party or paying any rent for them to the contractor or others.
- To be continued -
Page 30
p. ( 6 )
The committee 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, as a guarantee for its rights. The contractor must pay the committee
all the expenses it incurs in this regard in excess of the contract value, and he must compensate it
for all losses incurred because of that. The committee 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.
However, if the work costs less than the contract prices, the difference shall not be returned to the contractor.
For this purpose, the committee may refrain from paying any amounts granted to him until
these expenses and losses are settled. The committee may sell the machinery, tools, or materials
brought by the contractor without being responsible for any losses incurred by him as a
result of their sale.
In the event of withdrawing the work 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 engineer of the Mosaic Community. 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, then
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 planning of the building land according to the maps,
along with preparing the ground surface by removing debris and transporting it outside (by cars if
necessary) so that it is permanently disposed of. It also includes cleaning the building and the site
after the completion of the work so that it is ready for immediate use before it is received
temporarily 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 according to the agreement if the committee so decides.
- To be continued -
Page 31
p ( 7 )
necessary for that, but if the committee prepares the materials and the work, 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 committee
and its engineer on one hand and the contractor on the other hand. If they do not agree, they may appoint arbitrators who have
experience in that, provided that the disagreement over this does not give the contractor any right to delay the work.
22 - a - The bidder must be someone who has previously performed works similar to this building in terms of
type and quantity, and must provide a statement of the mentioned works, their locations, and the names of their owners.
b - Preference is given to the bidder who owns the technical equipment necessary to complete the work, such as mixers,
vibrators ( ) and the necessary iron elevators and others ⟦line⟧
provided that the area of the formwork that the bidder can place at one time is not less than square meters
and the bidder must provide a detailed statement of the mentioned equipment.
c - If the bidder is a company, they must attach the internal regulations of the company ⟦line⟧
with the tender.
23 - The contractor undertakes to use the vibrator ( ) for concrete works.
24 - The bars used for reinforcement shall be of the blue iron type, and it is not permitted to use rusted
bars.
25 - The gravel shall be of the clean, washed river type.
Page 32
Special conditions attached to the agreement
Fencing of the cemetery and its annexes
1) Earthworks:
a - Excavations according to the depths shown in the maps, and the removal and transport of debris outside the work site to the locations
specified by the Secretariat of the Capital.
b - Backfilling and compacting with soil free of salt flats, organic materials, and dirt.
c - Squaring with rock bricks at a thickness of 10 cm under the foundations and floors with compacting.
2) Concrete works:
a - Reinforced concrete for columns and walls, with reinforcement according to the maps and details, using a concrete ratio of 1:2:4
and vibrators must be used during pouring.
b - Plain unreinforced concrete for foundations 1:3:6 for foundations with a thickness of 30 cm.
3) Construction shall be with cement and sand mortar at a ratio of 1:4. Rock bricks must be soaked in water according to the instructions of
the engineer, with no use of chipped bricks. The courses must be regular and the joints equal, according to the requirements
of good bonding.
It is not permitted to walk on the walls during construction; rather, special scaffolding must be used for construction.
4) Gravel: It must be clean and its size must not exceed half a knot.
5) Sand: It must be clean and free of salts and other organic materials. River sand may not be used at all,
except for Habbaniyah or Najaf sand.
6) Concrete pouring: The method of pouring concrete for the fence must be between the joints shown in the map; it is not permitted
to pour concrete at a height of less than one and a half meters for the entire joint.
7) Formwork: Formwork may not be removed until 24 hours have passed since the completion of the concrete pouring.
8) Concrete mixing method: A mixer must be used to mix the concrete, and manual mixing is absolutely prohibited.
9) Spraying concrete with water: Concrete must be sprayed with water intermittently for a period of no less than three days.
10) The face of the fence overlooking the outside must have a smooth finish (fair-face) and be free of any cracks, while the second
face shall be made from clean wooden formwork.
11) Prices: The contractor must submit his price for completing the fence per linear meter according to the dimensions mentioned in the map, which
is considered part of the contract. The price includes the supply of all required materials, formwork, labor, water, and everything the
work needs for completion according to the conditions listed above and the mentioned map.
12) Settlement of the contractor's account: The committee pays an advance of (10 percent) of the value of the works actually completed at the end of each month,
and after the completion of the work, the final account is settled according to the price list.
13) There are bricks in the work yard resulting from the demolition of the old fence. The quantity of bricks is calculated for the contractor for the purpose of being used
by the contractor in building the new fence, and priced for him according to local market prices for such bricks, and deducted from the amount
of the original contract.
14) A house for the guard and the surrounding fence shall be built according to the detailed maps for that house. Those plans are considered an integral part
of the contract and according to the conditions mentioned in those maps.
Page 33
Method of calculating prices
( 1 ) Building over old fences: A reinforced concrete bridge (tie beam) is made over the old fences
according to the maps and the engineer's instructions, and a reinforced concrete wall is built over it according to the maps and the engineer's instructions
The concrete shall be in a ratio of 1 : 2 : 4 with the use of vibrators during pouring, and the molds shall be of good wood
and the cement mortar shall not leak through them. Given per linear meter.
( 2 ) Building foundations up to the concrete tie beam:
a - Foundations are excavated according to the depths shown in the map and according to the specifications and the engineer's guidance.
b - Squaring for foundations with rock bricks with a thickness of 8 cm, well-tamped.
c - Building with rock bricks at the height and width shown in the map.
These items are given as a total per linear meter.
3 - Doors: Supply of doors by the employer, and the item includes installation only (total)
4 - The contractor shall be responsible for obtaining a building permit for the fence, the guard's house, and the sanitary facilities from the Secretariat of the Capital
(Item 4 of the price schedule)
Page 35
The Arabized version
Number ⟦...⟧
Mr. ⟦...⟧ respected
The attached contract terms have been audited and after
observation and focus, it was decided to retain ⟦...⟧ some amendments
on adding some materials as we saw necessary, and in the profit section
in placing it for the same purpose and the rest of its price.
10/29
1968
The terms contained in the attached contract are complete if ⟦...⟧
⟦...⟧ and adding it
⟦...⟧ completion of the work
Adding a condition to purchase the bricks located in ⟦...⟧
⟦...⟧ and how to use it
⟦...⟧ gravel ⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
⟦...⟧
Mr. Secretary
The first paragraph ⟦...⟧ item (8) of the contract
As for paragraphs 3 and 2 from the date that ⟦...⟧ technical specifications ⟦...⟧ is completed
⟦...⟧ (4)
10/29
Page 36
Secret tender for the construction of ⟦line⟧ on the land numbered ⟦line⟧ District ⟦line⟧
Contracting Form
⟦line⟧
This contract was concluded between the Presidency of the Administrative Committee for Iraqi Jews in Baghdad
(hereinafter known as the Committee) ⟦line⟧
and ⟦line⟧ hereinafter known as the Contractor who stated
for the purpose of this contract that he has a place of business in ⟦line⟧ and by this address
any registered letters sent to him or warnings and orders delivered to him by hand
and instructions shall be considered correct guidance and delivery.
The engineer or engineers. - The engineer who executes this contract
on behalf of the Committee is the engineer <del>Saleh Yusuf Oray</del> or other engineer or engineers
⟦who⟧ the Committee appoints in writing in this capacity, and the Contractor shall be notified of their names to execute the work stipulated
in this contract. The Contractor has also agreed hereby to provide - in accordance with -
the provisions and conditions contained therein and in the specifications, bill of quantities, and maps - the construction
materials stipulated in the general conditions and all workers, machinery, equipment, tools, instruments,
tools, scaffolds, guards and everything that is necessary or may be necessary for the works
and services covered by this contract and completing them fully to the highest degree of perfection
and workmanship in the execution of ( ⟦line⟧ )
The contractor acknowledged that he had visited the work site and had fully and accurately and precisely examined
all the drawings and the work to be performed under this contract
as well as that he had inspected the work area, the construction materials storage site, and the water installations.
The contractor agrees to carry out the construction of the mentioned building according to the specialized drawings
issued and which may be issued by the supervising engineer in the future and the schedule of works
and prices, general conditions and technical specifications complete in all respects, in accordance with
measurements and in accordance with the prices set by the candidate contractor.
The contractor also undertakes to complete this work within a period of ⟦line⟧ days starting
from the date of signing the contract.
Page 37
- 1 -
Secret tender for construction ⟦on the land numbered⟧
at the locality of
General Conditions
⟦line⟧
1 - The bidder must provide cash security amounting to 5% five percent, and it is permissible to provide
this security in the form of a letter of guarantee from one of the recognized banks to
the Chairman of the Administrative Committee for Iraqi Jews in Baghdad, and checks are absolutely not accepted.
2 - The bidder must submit the contract documents in a sealed envelope at or before 12:00 noon
on the day corresponding to / / 196 to the Presidency of the Mosaic Community in Baghdad
provided that (Secret tender for construction ⟦line⟧) is written on the envelope.
3 - The committee reserves the right not to accept the lowest priced tenders and has the right to reject any
tender without giving reasons for that.
4 - Any tender not submitted at the time specified in paragraph (2) above or not accompanied
by the prescribed security will be subject to neglect.
5 - The supervising engineer has the right to change the maps and quantities as he deems appropriate
and the contractor has no right to object to that, and the excess or deficient quantities shall be priced
according to the contractor's price in the bill of quantities and prices, as the quantities present
in this contract are approximate quantities subject to increase or decrease.
6 - If the contractor delays in completing the work within the period specified by him, he must
pay five dinars (5/- dinars) daily to the Administrative Committee in Baghdad, and
any objection submitted by the contractor for his delay in work will be rejected, and these
compensations shall be deducted from his entitlements or his security.
7 - When the quality of any material present in the bill of quantities is not mentioned, the supervising
engineer alone shall be responsible for choosing it as he deems appropriate, and the contractor has
no right to object to that at all.
8 - The contractor must state the period he needs to complete the work, and this period
- to be continued -
Verified on September 14, 17
⟦illegible⟧
Legal Certificate
Based on the request submitted to us by ⟦illegible⟧ including a request for a judicial ruling on the death of his wife
named ⟦illegible⟧ who died in ⟦illegible⟧ 17 and the limitation of her legal inheritance to him and her children
from him, who are ⟦illegible⟧ (adults) and the two daughters ⟦illegible⟧ and ⟦illegible⟧ (minors),
we brought ⟦illegible⟧ and ⟦illegible⟧, and after their legal identification, they testified for the sake of God Almighty
that the aforementioned deceased died on the mentioned date and her legal inheritance is limited to her mentioned
husband and her children mentioned above, with no heirs other than them. Since their testimony
conforms to the claim and fulfills the legal conditions, we have ruled accordingly on the death of the aforementioned
deceased and the limitation of her legal inheritance to her husband and children mentioned above. Her estate
shall be divided among them after deducting what legally precedes inheritance, such as funeral and burial expenses, payment
of debts, and execution of wills if any, into ⟦illegible⟧ shares, of which ⟦illegible⟧ shares are for the husband,
and ⟦illegible⟧ shares for each of the sons, and ⟦illegible⟧ shares for each of the daughters
according to the legal obligation. Since the two daughters ⟦illegible⟧ and ⟦illegible⟧ are minors,
we have appointed their father ⟦illegible⟧ as their guardian to receive their share of the inheritance,
spend it on their legal interests, and manage all their affairs ⟦illegible⟧.
Written on ⟦illegible⟧
Sharia Judge of Baghdad
⟦line⟧
Certificate received
⟦illegible⟧
Page 38
will be taken into consideration when studying the tender.
9 - Bidders must sign all the maps attached to this tender as well as all
the pages of the tender and return them within their bid.
10 - Materials
⟦line⟧
The contractor must provide all materials necessary for the work and fixed in the maps and the schedule of
prices, and the contractor alone shall be responsible for all materials and tools at the work site
and shall be responsible for every theft or shortage that occurs therein, noting that all materials
at the work site are considered the property of the Presidency of the Administrative Committee for Iraqi Jews until
the completion of the work, and the contractor has no right to remove them or dispose of them except with the
written approval of the Administrative Committee.
11 - Dismissal of the contractor's employees
⟦line⟧
The engineer has full authority to request the contractor to dismiss or exclude any of
his employees whom the community deems undesirable or unfit to continue in the work, and the
contractor must implement those requests as soon as they are issued, and he has no right to claim any compensation
or indemnity that may result from that in any form whatsoever.
12 - Advances
⟦line⟧
The committee pays cash advances at the end of each month for the completed works and the materials
provided at the work site after obtaining a certificate from the engineer to that effect, and that is
on the basis of 90% ninety percent of the cost of the completed works according to the contract prices
(and 75% seventy-five percent of the value of the construction materials provided
at the work site according to their local estimation), provided that these advances
granted to the contractor are not considered as an acknowledgment of acceptance of the work by the committee, but rather the
contract terms apply to all completed/or uncompleted work until it is finally handed over to the committee.
13 - Final measurement and settlement of the contractor's account
⟦line⟧
After the work is completely finished in all respects with the certificate of the community's engineer, the
Administrative Committee shall receive the work as a provisional handover and the contractor's account shall be settled according to
⟦illegible⟧
Ministry of ⟦Justice⟧
⟦Sharia Court⟧ in Baghdad
Number ⟦...⟧
Subject ⟦...⟧
⟦...⟧ Article ⟦...⟧ of Law ⟦...⟧ for the year ⟦...⟧
⟦...⟧ Sharia Court in Baghdad ⟦...⟧
⟦...⟧ Article ⟦...⟧ of Law ⟦...⟧ for the year ⟦...⟧
⟦...⟧ Sharia Court in Baghdad ⟦...⟧
⟦...⟧ Article ⟦...⟧ of Law ⟦...⟧ for the year ⟦...⟧
⟦...⟧ Sharia Court in Baghdad ⟦...⟧
⟦...⟧ Article ⟦...⟧ of Law ⟦...⟧ for the year ⟦...⟧
⟦...⟧ Sharia Court in Baghdad ⟦...⟧
⟦...⟧ Article ⟦...⟧ of Law ⟦...⟧ for the year ⟦...⟧
⟦...⟧ Sharia Court in Baghdad ⟦...⟧
⟦...⟧ Article ⟦...⟧ of Law ⟦...⟧ for the year ⟦...⟧
⟦...⟧ Sharia Court in Baghdad ⟦...⟧
⟦...⟧ Article ⟦...⟧ of Law ⟦...⟧ for the year ⟦...⟧
⟦...⟧ Sharia Court in Baghdad ⟦...⟧
⟦...⟧ Article ⟦...⟧ of Law ⟦...⟧ for the year ⟦...⟧
⟦...⟧ Sharia Court in Baghdad ⟦...⟧
⟦...⟧ Article ⟦...⟧ of Law ⟦...⟧ for the year ⟦...⟧
⟦...⟧ Sharia Court in Baghdad ⟦...⟧
⟦...⟧
Page 39
p. ( 3 )
The total lump sum agreed upon in this contract after deducting all
advances paid to the contractor according to his work, as for the deducted amount
of 10%, it shall be retained by the Administrative Committee until the end of the maintenance period and the final
acceptance of the work by the Committee ⟦. As for the cash securities submitted with the bid⟧
⟦they are considered part of the security amounts mentioned above and paid to the contractor upon completion⟧
14 - Rejection of Work
⟦line⟧
The engineer has the right to reject any materials provided by the contractor or any work that is, in the engineer's view,
based on quality and workmanship that do not meet the required level or do not comply
with the specifications or drawings related to the contract, and the contractor must remove the materials and the
rejected work and re-execute it at his own expense, including the materials present in
the rejected work.
Any work carried out without authorization in addition to the details given in
the drawings or the issued instructions will not be recognized, nor will it be measured, nor will the
value of the materials used in the execution of such works be paid to the contractor.
15 - Maintenance Period
⟦line⟧
The contractor must maintain the work for a period of six months from the date the Committee receives
the work from him as a provisional acceptance, and he must repair all deficiencies or defects that
may appear during the maintenance period at his own expense, and the securities - or
what remains of them after deducting the amounts due from him properly - shall be returned to him at the end of the maintenance period
and after the contractor has fulfilled his obligations and the work has been finally accepted from him.
- The contractor must carry out the repairs requested by the Committee within one week from
the date of being notified in writing, and in the event of his failure to perform the work, the Committee shall withdraw the securities
belonging to him and perform the work at his expense and deduct the amount from him.
16 - Notices
⟦line⟧
The two contracting parties waive the right to issue notices from one to the other
- to be continued -
Page 40
p ( 4 )
through the notary public regarding the affairs of this contract. Every notice directed by one
of the two parties must either be delivered to the address of the other party or sent to them by registered mail.
17 - Labor Laws
The contractor is responsible for applying the labor law regarding all labor matters and observing them
concerning ⟦wages⟧ wages for official holidays, feasts, and compensations, as he is also responsible for accidents
that occur to his employees at the workplace and he must pay all the resulting compensations
for that, as the committee is not responsible at all regarding the workers ⟦and compensation⟧
⟦for labor law obligations and social security⟧
⟦And the contractor must provide proof of his compliance with the labor law and social security⟧
18 - Withdrawal of work from the contractor and its consequences
a - If the contractor fails to start work promptly upon receiving a written notice
to that effect.
b - Or if he falls short in executing the works with the required speed.
c - Or if he fails to execute the works ⟦in accordance with the contract⟧.
d - Or if he delays in completing the works beyond the deadline specified in the contract.
e - Or if he actually stops ⟦the work⟧ for a period of one week without written permission from the committee unless
he proves the existence of force majeure and informs the engineer and the committee of it immediately and in writing.
f - Or if he fails to supply or install sufficient and appropriate machinery, workers, materials, and 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
which he is bound to execute or observe and continues in this violation for a period of 14 days
(taking into account any special condition providing for a shorter period) after being warned in writing by
the engineer to rectify this violation.
h - Or if he abandons the work entirely.
i - Or if the contractor becomes (whether in Iraq or abroad) bankrupt
or if he filed a petition for bankruptcy or his financial insolvency was proven or he reached a settlement with his creditor
or if the contractor was a company and its liquidation took place, whether the liquidation was compulsory
- to be continued -
Page 41
( 5 ) p
voluntary (unless the liquidation is voluntary for the purpose of reorganizing the company
on bases established in writing by the government) or if the contractor is a company and it has been dissolved
or if the contractor gives, promises, or offers a gift, advance, reward, or benefit of any
kind to any employee or worker of the Jewish Community employees, whether independent
or having any relation to the work subject of this contract, the committee may in any of these cases: -
1 - Withdraw the execution of the remaining works from the contractor.
2 - The withdrawal of the execution of the remaining works shall be in accordance with what was mentioned above by sending a written
notice by order of the President of the Administrative Committee for Iraqi Jews to the contractor, and
this notice shall be effective without taking any legal or official procedures.
3 - If the contractor is granted any extension or leniency, this shall not diminish or prejudice the rights
of the committee <del>the community</del> under this article, and the previous provisions do not affect the right of the committee
to claim the damages prescribed under the laws in force.
4 - In the event of withdrawing the work or part of it from the contractor in accordance with what was previously stated
and according to any other provisions contained in the contract, the committee may, according to its estimation of the cost,
exercise one of the following rights: -
a - To carry out by itself, at the contractor's expense, the execution of all the works that have not
been completed yet or any part thereof.
b - To put all or some of the works that have not been completed yet into a new tender.
c - To agree with one of the contractors in a private manner to complete the work.
In all these cases, the committee shall have the right to seize all or some of
the machinery, tools, and materials brought by the contractor and to use them
in completing the work, without being responsible to the contractor or others
for these machines, tools, and materials, or for any damage or decrease
in value for any reason, and without being responsible also for paying any amount
due for them to another party or paying any rent for them to the contractor or others.
- To be continued -
Page 42
p. ( 6 )
The committee 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, as a guarantee for its rights. The contractor must pay the committee
all the expenses it incurs in this regard in excess of the contract value, and he must compensate it
for all losses incurred because of that. The committee 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.
However, if the work costs less than the contract prices, the difference shall not be returned to the contractor.
For this purpose, the committee may refrain from paying any amounts granted to him until
these expenses and losses are settled. The committee may sell the machinery, tools, or materials
brought by the contractor without being responsible for any losses incurred by him as a
result of their sale.
In the event of withdrawing the work 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 ⟦engineer⟧ of the Mosaic community. 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 documented by a report signed by the community's ⟦supervising⟧ engineer and the contractor
or his representative. If any dispute or conflict arises regarding the condition of the existing work, then
this dispute or conflict and its nature must be documented 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 ground surface by removing debris and transporting it outside (by cars if
necessary) so that it is permanently disposed of. It also includes cleaning the building and the site
after the completion of the work so that it is ready for immediate use before its
provisional 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 shall perform the work, and the fee shall be according to the agreement if the committee so decides.
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Page 43
( 7 ) p
necessary for that, but if the committee prepares the materials and the work, 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 committee
and its engineer on one hand and the contractor on the other. If they do not agree, they may appoint arbitrators who have
experience in that, provided that the disagreement over this does not give the contractor any right to delay the work.
22 - a - The bidder must be someone who has previously performed works similar to this building in terms of
type and quantity, and must submit a statement of the mentioned works, their locations, and the names of their owners.
b - Preference is given to the bidder who owns the technical equipment necessary to complete the work, such as mixers,
vibrators ( ) and the necessary iron elevators and others
provided that the area of the mold that the bidder can place at one time is not less than square meters
and the bidder must submit a detailed statement of the mentioned equipment.
c - If the bidder has a company, he must attach the internal regulations of the company
with the tender.
23 - The contractor undertakes to use the vibrator ( ) for concrete works.
24 - The bars used for reinforcement shall be of the blue iron type, and it is not permissible to use
rusted bars.
25 - The gravel shall be of the clean, washed river type.
26 - The prices submitted by the contractor in his bid regarding the details of the work being bid upon shall be
inclusive of providing materials, the cost of labor, and the profit intended by the contractor.
27 - The supervising engineer has the right to verify the materials provided to complete the work at any time he wishes
and in the manner he deems appropriate, including requesting an inspection of the supply lists and prices.
28 - The contractor may not give the work wholly or partially to a second contractor except after prior written approval
from the administrative committee, noting that the contractor remains responsible to the administrative committee
for the second contractor with full responsibility.
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Special conditions attached to the agreement
Fencing the cemetery and its annexes
1) Earthworks:
a - Excavations according to the depths shown in the maps, and removing debris and transporting it outside the work site to the locations
specified by the Secretariat of the Capital.
b - Backfilling and compaction with soil free of salt flats, organic materials, and dirt.
c - Squaring with rock bricks 10 cm thick under foundations and floors with compaction.
2) Concrete works:
a - Reinforced concrete for columns and beams, and the reinforcement shall be according to the maps and details with concrete in a ratio of 1:2:4
and vibrators shall be used during pouring.
b - Plain and unreinforced concrete for foundations 1:3:6 for foundations and with a thickness of 20 cm.
3) Construction shall be with cement and sand mortar in a ratio of 1:4, and the rock bricks must be soaked in water according to the instructions of
the engineer, and broken bricks must not be used. The courses must be regular and the joints equal and according to the requirements
of good masonry.
It is not permissible to walk on the walls during construction; rather, special scaffolding must be used for construction.
4) Gravel: It must be clean and its size must not exceed half a knot.
5) Sand: It must be clean and free of salts and other organic materials, and river sand may not be used at all
except for Habbaniyah or Najaf sand.
6) Concrete maintenance: The method of pouring concrete for the fence must be between the joints shown in the map: and it is not permissible
to maintain concrete at a height of less than one and a half meters and for the entire joint.
7) Formwork: Formwork may not be removed until 24 hours have passed since the completion of concrete pouring.
8) Concrete mixing method: A mixer must be used to mix the concrete, and manual mixing is absolutely not permitted.
9) Spraying concrete with water: Concrete must be sprayed with water continuously for a period of no less than three days.
10) The facade of the fence overlooking the outside must have a smooth face (fair-face) and be free of any cracks, while the second
face shall be made from a clean wooden mold.
11) Prices: The contractor must submit his price for completing the fence per linear meter according to the dimensions mentioned in the map, which
is considered part of the contract. The price includes the supply of all required materials, molds, labor, finishing, and everything the
work needs for its completion according to the conditions listed above and the mentioned map.
12) Payment of the contractor's account: The contractor shall be paid an advance of (90 percent) of the value of the work actually completed at the end of each month,
and upon completion of the work, the final account shall be settled according to the price list.
13) There are bricks in the work yard resulting from the demolition of the old fence. The quantity of bricks shall be calculated for the contractor for the purpose of being used
by the contractor in building the new fence, and it shall be priced for him according to the local market prices for such bricks and deducted from the amount
of the original contract.
14) A house for the guard and the fence surrounding it shall be built according to the detailed maps for that house, and those plans are considered an integral part
of the contract and according to the conditions mentioned in those maps.
Page 45
Method of calculating prices
1) Building over old fences: A reinforced concrete beam (tie beam) is constructed over the old fences
according to the maps and the engineer's instructions, and a reinforced concrete wall is built over it according to the maps and the engineer's instructions.
The concrete shall be in a ratio of 1:2:4 with the use of vibrators during pouring, and the molds shall be of good wood
and the cement mortar shall not leak through them. Given per linear meter.
(2) Building foundations up to the concrete tie beam:
a - Foundations are excavated according to the depths shown in the map and according to specifications and the engineer's guidance.
b - Squaring the foundations with rock bricks with a thickness of 8 cm, well-tamped.
c - Building with rock bricks at the height and width shown in the map.
These items are given as a total per linear meter.
3 - Doors: Supply of doors by the employer, and the item includes installation only (lump sum).
4 - The contractor shall be responsible for obtaining a building permit for the fence, the guard's house, and the sanitary facilities from the Secretariat of the Capital.
(Item 4 of the price schedule)
Page 48
- 1 -
Secret tender for the construction of on the land numbered
in the district of
General Conditions
⟦line⟧
1 - The bidder must provide cash insurance amounting to 5% five percent, and it is permissible to provide
this insurance in the form of a letter of guarantee from one of the banks recognized by
the Chairman of the Administrative Committee for Iraqi Jews in Baghdad, and checks are not accepted at all.
2 - The bidder must submit the contract documents in a sealed envelope at or before 12:00 PM
on the day corresponding to / / 196 to the Presidency of the Mosaic Community in Baghdad
provided that (Secret tender for the construction of ____________________) is written on the envelope.
3 - The committee reserves the right not to accept the lowest priced tenders and has the right to reject any
tender without giving reasons for that.
4 - Any tender not submitted at the time specified in paragraph (2) above or not accompanied
by the stipulated insurance will be subject to neglect.
5 - The supervising engineer has the right to change the maps and quantities as he deems appropriate
and the contractor has no right to object to that, and the surplus and deficient quantities are priced
according to the contractor's price in the schedule of quantities and prices, as the quantities present
in this contract are approximate quantities subject to increase and decrease.
6 - If the contractor delays in completing the work within the period specified by him, he must
pay five dinars (5/- dinars) daily to the Administrative Committee in Baghdad, and
any objection submitted by the contractor for his delay in work will be rejected, and these
compensations will be deducted from his entitlements or insurance.
7 - When the quality of any material present in the schedule of quantities is not mentioned, the engineer
the supervisor alone will be responsible for choosing it as he deems appropriate, and the contractor has no right
to object to that at all.
8 - The contractor must state the period he needs to complete the work, and this period
- To be continued -
Copy
Date ⟦...⟧ 1938
⟦...⟧
Based on ⟦...⟧
⟦...⟧
In view of ⟦...⟧ and based on ⟦...⟧
⟦...⟧ the contractor ⟦...⟧
⟦...⟧
Article One - ⟦...⟧
Article Two - ⟦...⟧
Article Three - ⟦...⟧
Article Four - ⟦...⟧
Article Five - ⟦...⟧
Article Six - ⟦...⟧
Article Seven - ⟦...⟧
Article Eight - ⟦...⟧
Article Nine - ⟦...⟧
Article Ten - ⟦...⟧
Article Eleven - ⟦...⟧
Article Twelve - ⟦...⟧
Article Thirteen - ⟦...⟧
Article Fourteen - ⟦...⟧
Article Fifteen - ⟦...⟧
The Contractor
⟦...⟧
On behalf of the community
⟦...⟧
⟦...⟧
Page 49
will be taken into consideration when studying the tender.
9 - Bidders must sign all maps attached to this tender as well as all
pages of the tender and return them within their bid.
10 - Materials
⟦line⟧
The contractor must provide all materials necessary for the work and fixed in the maps and the schedule of
prices, and the contractor alone shall be responsible for all materials and tools at the work site
and shall be responsible for every theft or shortage that occurs therein, noting that all materials
at the work site are considered the property of the Presidency of the Administrative Committee for Iraqi Jews until
the completion of the work, and the contractor has no right to remove them or dispose of them except with the written
approval of the Administrative Committee.
11 - Dismissal of Contractor's Employees
⟦line⟧
The engineer has full authority to request the contractor to dismiss, fire, or exclude any of
his employees as the community sees fit if the engineer or the committee sees the undesirability and unsuitability of their continuation in the work, and the
contractor must implement those requests immediately upon their issuance, and he has no right to claim any compensation
or indemnity that may result from that in any form whatsoever.
12 - Advances
⟦line⟧
The committee pays cash advances at the end of each month for the completed works and materials
supplied at the work site after obtaining a certificate from the engineer to that effect, and that is
on the basis of 90% ninety percent of the cost of the completed works according to the contract
prices and 75% seventy-five percent of the value of the construction materials supplied
at the work site according to its local estimation. Provided that these advances
granted to the contractor are not considered as an acknowledgment of acceptance of the work by the committee, but rather the
contract conditions apply to all completed and uncompleted work until it is finally handed over to the committee.
13 - Final Measurement and Settlement of the Contractor's Account
⟦line⟧
After the work is completely finished in all respects with the certificate of the community's supervising engineer, the
Administrative Committee shall receive the work as a provisional handover and the contractor's account shall be settled within according to
Page 50
p ( 3 )
The total lump sum agreed upon in this contract after deducting all
advances paid to the contractor according to his work, as for the deducted amounts
amounting to 10%, they shall be retained by the Administrative Committee until the end of the maintenance period and the final
acceptance of the work by the Committee ⟦as for the 5% insurance and the plan fee, the court⟧
⟦released between the club to the contractor upon final joy and temporary handover or upon the end of the maintenance period and handover of the work⟧
14 - Rejection of work ⟦the work finally from amounts⟧
⟦line⟧
The engineer has the right to reject any materials supplied by the contractor or any work that is, in the engineer's view,
based on quality and workmanship that do not meet the required level or are not compliant
with the specifications or plans related to the contract, and the contractor must remove the materials and the
rejected work and re-execute it at his own expense, including the materials present in
the rejected work.
Any work carried out without authorization in addition to the details given in
the plans or issued instructions will not be recognized, nor will its measurements be taken, nor will the
value of the materials used in the execution of such works be paid to the contractor.
15 - Maintenance Period
⟦line⟧
The contractor must maintain the work for a period of six months from the date the Committee receives
the work from him as a temporary handover, and he must repair all deficiencies or defects that
may appear during the maintenance period at his own expense, and the insurance or
what remains of it shall be returned to him after deducting the amounts owed by him properly 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 by the Committee within one week from
the date of his written notification, and if he fails to carry out the work, the Committee shall withdraw the insurance
belonging to him and carry out the work at his expense and deduct the amount from him.
16 - Notices
⟦line⟧
The two contracting parties waive the right to issue notices from one to the other
- To be continued -