Contract for Construction Project, Administrative Committee for Iraqi Jews
View interactive document pageThis is a contract between the Administrative Committee for Iraqi Jews and engineers concerning a construction project. It discusses the materials to be used, contract conditions, payment arrangements, including advancements and final payment, time frame, and cost estimates for each phase of construction.
p. ( 23 ) Carried over from the previous page ⟦line⟧ Fils | Dinar 900 | 45657 180 | 72844 720 | 21782 A 15 % discount is applied to all prices (if the bidder so desires) ⟦Only twenty-one thousand seven hundred and eighty-two Dinars⟧ A 5 % reserve amount is added, which may or may not be spent by order of the Administrative Committee ( Contingoncies ) . ⟦illegible signature⟧ Grand Total
- 1 - Secret tender for the construction of a building on land numbered ⟦166⟧ in the neighborhood of ⟦Al-Senak⟧ General Conditions ⟦line⟧ 1 - The bidder must provide a cash deposit of 5% (five percent), and it is permissible to provide this security in the form of a letter of guarantee from one of the banks recognized by the Head of the Administrative Committee for Iraqi Jews in Baghdad; checks are strictly not accepted. 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 the envelope is marked (Secret tender for the construction of ⟦a building⟧ ⟦Land deed and Wattawin⟧). 3 - The committee reserves the right not to accept the lowest priced tender and may reject any tender without giving reasons for doing so. 4 - Any tender not submitted at the time specified in paragraph (2) above or not accompanied by the specified security will be neglected. 5 - The supervising engineer has the right to change the blueprints and quantities as he sees fit, and the contractor has no right to object to this. Excess or deficit quantities shall be priced according to the contractor's rate 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 is delayed 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 regarding the work delay will be rejected. These compensations shall be deducted from his entitlements or his security deposit. 7 - When the quality of any material listed in the bill of quantities is not mentioned, the supervising engineer alone will be responsible for selecting it as he sees fit, and the contractor has no right to object to this at all. 8 - The contractor must state the period he requires to complete the work, and this period - to be continued -
p. (3) ⟦Measurements and Prices⟧ The total lump sum amount agreed upon in this contract after deducting all advances paid to the contractor on account of his work; as for the deducted amounts at a rate of 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. 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 are not compliant 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, its measurement will not be performed, 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 of the Committee's provisional acceptance of the work from him, 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 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 of him by the Committee within one week from the date of being notified in writing, and upon 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 formal notices from one to the other. - Continued -
Page (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 it with respect to wages for official holidays, feasts, and compensations, and he is also responsible for accidents that occur to his employees at the workplace, and he must pay all resulting compensations therefrom, as the Committee is not responsible at all regarding the workers. 18 - Withdrawal of Work from the Contractor and its Consequences a - If the contractor fails to start the work promptly upon receiving a written notice to that effect. b - Or if he falls short in executing the works at 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 machinery, labor, materials, and sufficient and appropriate equipment so that he can execute the permanent work promptly and without interruption. g - Or if he commits, personally or through an intermediary, any violation of any of the contract's provisions that he is bound to implement or observe, and continues in this violation for a period of 14 days (while observing any special condition stipulating 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 (whether in Iraq or abroad) becomes 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 it was liquidated, whether the liquidation was compulsory - to be continued - ⟦initials⟧
p ( 6 ) 115 21 In any case, the committee shall have the right to seize all or some of the machinery, tools, and materials even after the completion of the work, to guarantee its rights. The contractor must pay the committee all the expenses it incurs in this regard in excess of the contract value, and must compensate it for all losses incurred as a result. The committee may deduct the value of the expenses and losses referred to from the amount of security deposits, 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 that may have been 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 that the work is withdrawn from the contractor, an inventory report shall be prepared for the works, buildings, tools, equipment, and materials at the work site, and for the work that has been completed in a satisfactory condition, under the knowledge of the responsible engineer of the Mosaic Community. This inventory takes place in the presence of the contractor, who must be officially notified to attend in person or through his representative. If the contractor does not attend or does not send a representative, the inventory shall be conducted in his absence. This inventory is 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, it must be recorded along with the nature of the dispute in the aforementioned report. 19 - The prices to be set by the contractor include the surveying of the building land according to the maps along with the preparation of the ground surface by removing debris and transporting it outside (by vehicles if necessary) so that it is disposed of permanently. It also includes cleaning the building and the site after completion of the work so that it is suitable for immediate use before its provisional receipt by the community or the supervising engineer. 20 - The community has the right to undertake any item at its own responsibility by supplying materials and labor or materials only, and the contractor performs the work, and the fee shall be as agreed upon if the committee so decides. - To be continued -
P (9) 212/000 ⟦with an area of⟧ 250 Item | Work Details | Quantity and Unit | Price | Amount | | | | Fils Dinars 4 | Construction with brick and cement The bricks shall be of the hard-burned type and construction is carried out with cement mortar and Habaniya sand in a ratio of 1 = 4. It is not permitted to use broken or used bricks. The hard-burned bricks must be submerged in water before construction for a sufficient period of no less than six hours, and all vertical and horizontal joints must be filled with cement mortar. The process of spraying the walls with water shall continue for a period of no less than seven days. The price includes all of the above in an accurate and good manner. (The Sect's engineer has the right to reject any part of the construction that he does not see as complying with technical conditions or due to it containing salts). | ⟦925,000⟧ | 1/250 | 1157/250 5 | Damp-proof concrete with Silocrete 3 inches thick for walls. ⟦line⟧ The mixing ratio shall be 1 = 2 = 4 of cement, Habaniya sand, and washed river gravel graded in size from 3/4" and below. The ratio of Silocrete shall be 1 - 10 of the amount of water required to make the concrete. The price includes the necessary wooden formwork. | | | 6 | Damp-proof plaster with Silocrete 1" thick for walls. ⟦line⟧ The mixture ratio shall be 1 - 3 of cement and Habaniya sand, and the ratio of Silocrete shall be 1 - 8 of the amount of water required for the mixture | | | 45/- 1582/250