UNITED ARCHITECTS OF THE PHILIPPINES

GENERAL CONDITIONS UAP DOCUMENT 301

菲律宾建筑工程合同通用条款

（菲律宾建筑师联合会301文件）

 

TABLE OF CONTENTS

SECTION 1 DEFINITIONS AND DOCUMENTS 定义与文件

ART. 1 DEFINITIONS 定义

1.01 Contract Documents 合同文件

1.02 Owner 业主

1.03 Architect 建筑师

1.04 Engineer 工程师

1.05 Project Representative 项目代表

1.06 Contractor 承包商

1.07 Sub-Contractor 分包商

1.08 Surety 保证

1.09 Proposal 投标

1.10 Proposal Bond 投标保证金

1.11 Performance Bond 履约保证金

1.12 Payment Bond 支付保证金

1.13 Guarantee Bond 担保函

1.14 Agreement 协议

1.15 Advertisement or invitation to Bid 招标广告或邀请

1.16 Bid Bulletin 招标公告

1.17 Instructions to Bidders 投标人须知

1.18 Drawings 图纸

1.19 General Conditions 一般条件

1.20 Special Provisions 专项条款

1.21 Specifications 细则

1.22 Supplementary Specifications 补遗

1.23 Schedule of Materials and Finishes 材料与竣工计划

1.24 Breakdown of Work and Corresponding Value 工程分解与相应价值

1.25 Written Notice 书面通知

1.26 Act of God or Force Majeure 不可抗力

1.27 Time Limits 时限

1.28 Work 工程

1.29 Furnish 材料供应

1.30 Install 安装

1.31 Provide 供给

1.32 Required or Necessary 要求与必须遵守的规则

1.33 Approved, Directed and Acceptable 批准、指导与接受

1.34 Singular or Plural 单数与复数

 

ART 2 EXECUTION CORRECTION AND INTENT OF DOCUMENTS 执行校正与文件主旨

              2.01 Signature on Documents 文件签署

              2.02 Intent of Contract Documents 合同文件主旨

              2.03 Conformity to Contract Documents 符合合同文件

              2.04 Contract Documents at Site of Work 工地使用的合同文件

              2.05 Ownership of Contract Documents and Models 合同文件和模具的所有权

 

       ART. 3 DRAWINGS AND SPECIFICATIONS 图纸和规范

              3.01 Copies of Drawing and Specifications 图纸和规范复印件

              3.02 Coordination of Drawings and Specifications 图纸和规范的一致性

              3.03 Clarification of Meaning of Drawings and Specifications 对图纸和规范的澄清

              3.04 Discrepancies in Drawings 图纸出现的不一致问题

 

       ART. 4 DETAIL DRAWINGS AND INSTRUCTIONS 详图和注释

              4.01 Supplementary Drawings and Instructions 补充图纸和注释

              4.02 Schedule for Submission of Detail and Shop Drawings 提交详图与施工图的计划

 

       ART. 5 SHOP DRAWINGS 施工图

              5.01 Conditions in the Preparation of Shop Drawings 施工图编制的条件

              5.02 Checking Drawings of Sub-Contractors 分包商施工图的审查

              5.03 Identification 鉴定

              5.04 Letter of Transmittal 转递函

              5.05 Corrections, Changes and Variations 修改与变更

              5.06 Responsibility for Accuracy 对准确性负责

 

SECTION II   LAWS, REGULATIONS, SITE CONDITIONS, PERMITS AND TAXES

         法律法规、现场条件、许可和税收

       ART. 6 LAWS, REGULATIONS AND SITE CONDITIONS法律法规、现场条件

              6.01 Laws and Regulations 法律法规

              6.02 Site Conditions 现场条件

 

       ART. 7 PERMITS, TAXES AND SURVEY 许可、税收和勘察

              7.01 Permits and Licenses 允许和许可证

              7.02 Taxes 税收

              7.03 Construction Stakes and Reference Mark 施工桩和基准点

              7.04 Services of Licensed Surveyor 经许可的测量员服务

              7.05 Final Certification 竣工证书

 

SECTION III  EQUIPMENT AND MATERIALS 设备和材料

       ART. 8 GENERAL 一般条件

       ART. 9 EQUIPMENT 设备

              9.01 Quality Equipment 优质设备

              9.02 Equipment Approval Data 设备验收资料

 

       ART. 10  MATERIALS, FIXTURES, APPLIANCES AND FITTINGS

                     FURNISHED BY THE CONTRACTOR

       由承包商供应的材料、固定装置、设施和配件

              10.01 Manufacturers and Dealers 制造商与分销商

              10.02 Samples of Materials 样品与材料

              10.03 Trade Name Materials and Substitutes 品名、材料和替代品

              10.04 Testing Samples of Materials 材料样品的测试

              10.05 Quality of Materials 材料质量

              10.06 Storage and Stockpiling of Materials 材料存储

              10.07 Defective Materials 次品

              10.08 Imported Materials, Fixtures and Equipment 进口的材料、装置和设备

      

ART. 11 MATERIALS, EQUIPMENT, FIXTURES, APPLIANCES AND FITTINGS

        材料、固定装置、设施和配件

       ART. 12  ROYALTIES AND PATENTS 特许和专利

       ART.13   MANUFACTURER’S DIRECTIONS 制造商的使用说明

 

SECTION IV  PREMISES AND TEMPORARY STRUCTURES 建筑物与临时构筑物

       ART.14 USE OF PREMISES 建筑物的使用

              14.01 Limitation of Use 使用限制

              14.02 Safeguard for Structure 安全措施

 

       ART.15 TEMPORARY STRUCTURES AND FACILITIES 临时构筑物和设施

              15.01 Temporary Office and Contractor’s Building 临时性的办公室和承包商建筑

              15.02 Temporary Housing for Workers 临时性工舍

              15.03 Temporary Sanitary Facilities and First Aid Station 临时性卫生设施和医护站

              15.04 Temporary Barricades and Light Guards 临时性围栏与照明

              15.05 Temporary Water, Power and Telephone Facilities 临时性的供水、供电设施

              15.06 Temporary Signs 临时性指示牌

              15.07 Temporary Roadways 临时性道路

              15.08 Temporary Stairs, Ladders, Ramps, Runaways 临时性梯道、梯子、斜坡和通道

              15.09 Temporary Elevators and Hoists 临时性升降机

              15.10 Temporary Enclosures 临时性占地

              15.11 Temporary or Trial Usage 临时性实验使用

              15.12 Removal of Temporary Structures 临时建筑的移除

 

SECTION V   PROTECTION OF WORK AND PROPERTY 对工程和财产的照护

       ART.16   PROTECTION OF WORK AND PROPERTY对工程和财产的照护

              16.01 Safeguard Measures 警卫措施

              16.02 Old Materials 陈旧材料

              16.03 Trees and Other Plants 树木和其他植物

              16.04 Drainage 排水

 

       ART.17   PROTECTION OF ADJACENT PROPERTY AND EXISTING UTILITIES    

           相邻财产和公用设施的保护

              17.01 Contractor’s Sole Responsibility 承包商责任

              17.02 Existing Utilities 公用设施

 

       ART.18   PROTECTION OF LIFE, WORK, AND PROPERTY DURING EMERGENCY

           紧急情况下对人身和财产的保护

              18.01 Authorization to Contractor 对承包商的授权

 

SECTION VI  LABOR, WORK AND PAYMENTS 劳工、工作与报酬

       ART.19   LABOR 劳工

              19.01 Character of Workmen 工人

              19.02 Superintendence and Supervision 主管与监督

 

       ART. 20  WORK 工程

              20.01 Methods and Appliances 方法与器械

              20.02 Laying Out the Work 工程放线

              20.03 Inspection of Work 工程的检查

              20.04 Defective Work 瑕疵工程

              20.05 Work During an Emergency 紧急情况下的工程

              20.06 Increased or Decreased Quantities of Work 工程量的增减

              20.07 Changes in the Work 工程变更

              20.08 Claims for Extra Cost 额外费用的请求

              20.09 Cleaning up at Completion of Work 工程竣工后的清理

              20.10 Use of Completed Portions of Work 对竣工部分的使用

              20.11 Certificate of Completion of Work 工程竣工证书

              20.12 Period of Making Good of Known Defects or Faults

对已知的瑕疵和质量问题的修整期

              20.13 Making Good of Known Defects or Faults 对已知的瑕疵和质量问题的修整

              20.14 Search for Causes of Defects or Faults 找出瑕疵和质量问题的原因

 

       ART.21   TIME OF COMPLETION OF WORK 工程竣工时间

              21.01 Notice to Proceed 开工通知

              21.02 Contract Time 合同期间

              21.03 Schedule of Completion 竣工计划

              21.04 Extension of Time 延展工期

              21.05 Liquidated Damages 索赔

 

       ART.22   PAYMENTS 费用支付

              22.01 Detailed Breakdown of Contract Amount 合同价款的项目分解

              22.02 Requests for Payment 付款请求

              22.03 Progress Photographs to Accompany Request for Payment

付款请求随附的进度表

              22.04 Architect’s Action on a Request for Payment 建筑师对付款请求的处理

              22.05 Approval Withheld 暂不批准

              22.06 Conditions Relative to Certificates of Payments 支付证书的相关条件

              22.07 Owner’s Action on an Approved Request for Payment or Certificates of Payments

               业主对已经批准的支付请求或支付证书的处理

              22.08 Payment of Contractor’s Obligations 对承包商义务的费用支付

              22.09 Payments Over 65 Percent  费用超过65 % 的支付

              22.10 Correction of Work Before Final Payment 在最后一次付款前对工程的检修

              22.11 Other Requirements Before Final Payment 最后一次付款前的其他要求

              22.12 Acceptance of Final Payment 最后一次付款的收据

              22.13 Correction of Work After Final Payment 在最终付款后的工程修整

              22.14 Release of Retention 保留金的支付

 

SECTION VII       CONTRACTOR-SEPARATE

CONTRACTORS-SUB-CONTRACTORS RELATIONS

承包商 - 独立承包商和承包商 - 分包商的关系

       ART. 23 SEPARATE CONTRACTS TO OTHER CONTRACTORS

独立承包商与其他承包商的关系

              23.01 Owner’s Right to Let Other Contracts 业主允许其他承包商工作的权利

 

       ART.24   CONTRACTOR-SEPARATE CONTRACTORS RELATONS

承包商与独立承包商的关系

              24.01 Storage of Material and Work Coordination 材料保管与工作协调

              24.02 Cutting, Patching and Digging 切割、修补和挖掘

              24.03 Defective Work by Separate Contractors 独立承包商的瑕疵工程

              24.04 Damage Caused by Contractor to Separate Contractors

承包商对独立承包商造成的损害

 

       ART.25   SUB-CONTRACTS 工程分包

              25.01 General 一般条件

              25.02Competency of Sub-Contractor 分包商的资质

              25.03 Contractor’s Responsibility 承包商的责任

 

       ART.26   CONTRACTOR-SUB-CINTACTORS RELATIONS 承包商和分包商的关系

              26.01 The Contractor Agrees 承包商同意

              26.02 The Sub-Contractor Agrees 分包商同意

              26.03 The Contractor and the Sub-contractor Agree That 承包商和分包商同意的事项

 

SECTION VIII      SUSPENSION OF WORK AND TERMINATION OF CONTRACT

                                  工程暂停和合同终止

       ART.27 CONTRACTOR’S RIGHT TO SUSPEND WORK OR TERMINATE CONTRACT

                  承包商暂停工程或终止合同的权利

       ART.28   OWNER’S RIGHT TO TERMINATE CONTRACT 业主终止合同的权利

       ART.29   OWNER’S RIGHT TO PROCEED WORK AFTER TAKE OVER FROM CONTRACTOR 业主从承包商处接收工程后开展工程的权利

              29.01 Use of Materials and Equipment at Site 使用工地处理和设备

              29.02 Owner to Complete Work 业主完成工程

              29.03 Evaluation of Cost of Work 工程价款的估算

              29.04 Owner’s Right To Recover Liquidated Damages 业主追回赔偿金的权利

 

SECTION IX  RESPONSIBILITIES AND LIABILITIES OF CONTRACTOR AND OF OWNER

                     承包商和业主的责任及义务

       ART.30   CONTRACTOR’S RESPONSIBILITY FOR ACCIDENTS AND DAMAGES

                                 承包商对事故和损害的责任

              30.01 Safeguards to be Undertaken by Contractor 承包商承担安全责任

              30.02 Contractor’s Responsibility 承包商的责任

              30.03 Indemnity 赔偿金

      

ART. 31  CONTRACTOR’S INSURANCE AND BONDS 承包商的保险和保证金

       31.01 Contractor’s Liability Insurance 承包商的责任保险

       31.02 Contractor’s Performance and Payment Bonds 承包商的履约和支付保证金

       31.03 Contractor’s Guarantee Bond 承包商的保函

       31.04 Contractor’s Guaranty-Warranty 承包商的保证、担保

 

ART.32   OWNER’S RESPONSIBILITIES AND LIABILITIES 业主的责任和义务

       32.01 Protection of Employees and Professionals Performing Services for the Owner

                             保护雇员和为业主提供的专业服务

       32.02 Owner’s Optional Insurance 业主的可选保险

 

ART.33   LIENS, DISPUTES AND ARBITRATION 留置权、争议和仲裁

       33.01 Liens 留置权

       33.02 Assignment 指派

       33.03 Damages 赔偿金

       33.04 Disputes 争议

       33.05 Arbitration 仲裁

 

SECTIONX    AUTHORITY OF ARCHITECT, ENGINEERS  

AND PROJECT EPRESENTATIVES 建筑师、工程师和项目代表

       ART.34   ARCHITECTS STATUS 建筑师的职责

       ART.35   AUTHORITY AND RESPONSIBILITIES   OF THE ENGINEERS

工程师的授权和责任

ART.36   AUTHORITY AND DUTIES OF THE PROJECT REPRESENTATIVES, RESIDENT ARCHITECTS, RESIDENT       ENGINEERS, OR CONSTRUCTION INSPECTORS

             项目代表、现场建筑师、现场工程师或监理的授权和职责

 

              36.01 Employed by the Owner 业主雇佣的人员

              36.02 Duties 职责

              36.03 Disputes 争议

 

SECTION XI  SCHEDULE OF TIME LIMITS UNITED ARCHITECTS OF THE PHILIPINES

GENERAL CONDITIONS  工程进度计划

 

 SECTION I DEFINITIONS AND DOCUMENTS

ART 1:    DEFINITIONS

1.01 CONTRACT DOCUMENTS: The Contract consists of the following documents, including all additions, deletions and modification incorporated therein before the execution of the Contract:

a.     Agreement

b.    General Conditions

c.     Special Provisions

d.    Specifications

e.     Drawings

 

1.02 OWNER: The person or entity ordering the project for execution, including duly appointed successors, or authorized representatives.

1.03 ARCHITECT: refers to the Architect commissioned by the Owner action personally or through assistants duly authorized in writing by the Architect to act on his behalf

1.04 ENGINEER: The person so named n the Contract Documents or his representative duly authorized in writing to act for the engineer.

1.05 PROJECT REPRESENTATIVE: The Full-time Construction Inspector hired by the Owner duly authorized in writing to assist the Architect and the Engineer in the supervision of the work

1.06 CONTRACTORL The person or firm whose proposal has been accepted and to whom the Contract was awarded.

1.07 SUB-CONTRACTOR: Anyone having a direct Contact with the Contractor who acts for or in behalf of the Contractor in executing any art of the Contract, not including one who merely furnishes materials without labor.

1.08 SURETY: is the person, firm or corporation who provides the guarantee for the Contractor’s Bonds.

1.09 PROPOSAL: The offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed Proposal Form, properly signed and guaranteed.

1.10 PROPOSAL BOND: the cashier’s check or surety bond accompanying the proposal submitted by the bidder, as a guarantee that the bidder will enter into a contract with the owner for the construction of the work, if the contract is awarded to him.

1.11 PERFORMANCE BOND: is the approved form of security furnished by the Contractor and his Surety as a guarantee of good faith on the part of the contractor to execute the work in accordance with the terms of the contract.

1.12 PAYMENT BOND: is the approved form of security furnished by the contractor and his surety as a guarantee of good faith on the part of the Contractor to pay all obligations arising from the contract.

1.13 GUARANTEED BONDL is the approved form of security furnished by the contractor and is surety as a guarantee to the quality of materials and equipment installed and the workmanship performed by the Contractor.

1.14 AGREEMENT: is the contract between the owner and the contractor undertaking the project described in the Contract Documents including all supplemental agreements thereto and all general and special provisions pertaining to the work or materials therefore.

1.15 ADVERTISEMENT or INVITATION TO BID: The notice published by the owner or the invitations issue to perspective bidders, giving information to the nature of the proposed project, conditions for the issuance of the contract documents date of bidding, and estimated cost or information that would give the contractor a general idea of the magnitude and extent of the project.

1.16 BID BULLETIN: is additional information on contract documents issued to bidders before date of bidding.

1.17 INSTRUCTIONS TO BIDDERS: The list of instructions stipulating the manner on how bids are to be prepared and conditions for the award of contract.

1.18 DRAWINGS: are graphical presentations of the work involved in the project. They include all supplementary details and shop drawings.

1.19 GENERAL CONDITIONS: as printed documents stipulating the procedural and the administrative aspects of the contract.

1.20 SPECIAL PROVISIONS are instructions which may be issued prior to the bidding to supplement and/or modify the drawings, specifications, and/or General Conditions of the contract.

1.21 SPECIFICATIONS: are written or printed description of work to e done describing qualities of material and mode of construction.

1.22 SUPPLEMENTARY SPECIFICATIONS: are additional information which may be issued as an addition or amendment to the provisions of the specifications.

1.23 SCHEDULE OF MATERIALS ND FINISHES: is an outline specification enumerating the type or trade names of materials be used.

1.24 BREAKDOWN OF WORK AND CORRESPONDING VALUE: is a listing of the different parts of the work indicating in each part of the corresponding value in materials and labor, including an allowance for profit and overhead.

1.25 WRITTEN NOTICE: Written notice means information, advice a notification pertinent to the project delivered in person or sent by registered mail to the individual, firm or corporation at the last known business address of such individual, firm or corporation.

1.26 ACT OF GOD OR FORCE MAJEURE includes an earthquake, flood, typhoon, cyclone & other cataclysmic phenomenon of nature and all misfortunes and accidents which human prudence could not foresee or prevent, rain, wind, flood or other natural phenomenon of inconsequential degree for the locality shall not be construed as an act of God or Force Majeure and no reparation shall be made to the Contractor for the damages to the work resulting therefore.

1.27 TIME LIMITS: time limit is the duration of time allowed by the contract for the completion of the project in any stipulated portions thereof.

1.28 LOCAL LAWS: applies to all laws, ordinances and other governmental regulations applicable to the project and its undertaking.

1.29 WORK: The term “work” of the Contractor or Sub-contractor includes labor or materials or both as well as equipment, transportation, or other facilities necessary to commence and complete the construction called for in the Contract.

1.30 FURNISH: The work “furnish” shall be understood to mean “Purchase and/or fabricate and deliver to the jobsite or other location when so designated.”

1.31 INSTALL: the word “install” shall mean to build in, mount positions, connect or apply any object specified ready for the intended use.

1.32 PROVIDE: the word “provide” shall be understood to mean “furnish and install”

1.33 REQUIRED OR NECESSARY: The words “Required Or Necessary” shall mean as required or necessary for the complete execution of that portion of the work.

1.34 APPROVED, DIRECTED AND ACCEPTABLE: The words “approved”, “directed” and “acceptable”, or words of like import shall mean approved, directed by or acceptable to the architect unless otherwise stipulated in the Contract.

1.35 SINGULAR OR PLURAL: in all cases where a device, item, or part of the equipment is referred to in the singular number, it is intended that such reference shall apply to as many such device, items, or parts as are required to complete work.

 

ART.2  EXECUTION, CORRELATION AND INTENT OF DOCUMENTS

2.01 SIGNATURE ON DOCUMENTS: the contract documents shall be signed in quintuplicate by the owner and the contractor duly witnessed

 

2.02 INTERNT OF CONTRACT DOCUMENTS: the Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. The intent of the drawings and the specifications is prescribed the complete work that the Contract is to undertake to comply with the contract. The intention is to include all labor and materials, equipment and transportation necessary for the proper execution of the work.

 

2.03 CONFORMITY TO THE CONTRACT DOCUMENTS:

All work shall conform to the Contract Documents.

a.     If there be variance between drawings and the Specifications, the provisions of the specifications shall control. In case of conflict between the General Conditions of the contract or any modification thereof and the detailed specifications requirements shall control

b.    Any discrepancies found between the Drawings and Specifications and site conditions or any errors or omissions in the Drawing or Specifications shall be immediately reported to the Architect or Engineer, who shall promptly correct such discrepancies, errors, omissions after his discovery. Any work involving such discrepancies shall be done at the Contractor’s risk.

c.     Responsibility for adequacy of the design and for sufficiency of the drawings and specifications shall be borne by the owner. The complete requirements of the work to be performed under the contract shall be set forth in drawings and specifications to be supplied by the owner through the Architect or Engineer or by the Architect or Engineer as representative of the owner. Drawings and specifications furnished shall be in accordance with the contract documents and shall be true and accurate development thereof

d.    The Architect or Engineer shall furnish from time to time all additional detail drawings and instructions essential to the proper execution of the work. The Architect or the Engineer shall furnish with reasonable promptness such additional detail drawings and instructions. All the additional drawings and instructions shall be consistent with the Contract documents, true development thereof, and reasonable inferable there from. All such additional drawings and instruction are to be considered of equal force as those which originally accompany the specifications.

e.     The Contractor and the Architect or the Engineer if either one so requests shall jointly prepare a schedule, subject to change from time to time in accordance with the progress of the work, fixing dates at which the various detail drawings will be required and the Architect or Engineer shall furnish then in accordance with that schedule. Under like conditions, a schedule shall be prepared fixing the dates for the submission of shop drawings, for the beginning of manufacture and installation of material, and for the completion of the various parts of the work.

2.04 CONTRACTOR DOCUMENTS AT SITE OF WORK: The Contractor shall keep at the site of work. In good order one copy each of all drawings, specifications, Breakdown of work, Schedule of Construction Work and including all instructions and graphs available to the Architect and his representatives.

2.05 OWNERSHIP OF CONTRACT DOCUMENTS AND MODELS: The drawings, specifications, and models, including all additional instructions, and copies thereof, furnished for this work by the architect are the property of the Architect. They are not to be used on any other work and with the exception of the signed contract set are to be returned to the Architect at the completion of the work, before Final Payment to the Contractor is made.

 

ART. 3 DRAWING AND SPECIFICATIONS

3.01 COPIES OF DRWAINGS AND SPECIFICATIONS: The Owner shall furnish the contractor free of charge three sets of drawings and specifications. All other copies of Drawings and Specifications as required by the contractor will be furnished to him at cost of reproduction.

 

3.02 COORDINATION OF DRAWINGS AND SPECIFICATIONS: All drawings and models are intended to cooperate with the Specifications, to form a part of the Contract Documents. Where figures are given, they are to be followed in preference to measurements by scale. Anything shown on the Drawing but not mentioned in the specifications, or vice versa, or anything not expressly set forth in either but which is reasonably implied, shall be furnished as though specifically shown and mentioned in both, without any extra charge.

3.03 CLARIFICATION OF MEANING OF DRAWINGS AND SPECIFICATIONS: The Contractor shall carefully examine compare and verify the date furnished by the drawings and specifications. Any doubt as to the meaning of the drawing (including notes thereon) or of the Specifications or any obscurity as to the wording of the Specifications will be explained, and all directions and explanations necessary and proper to make more definite and certain any requirements of the drawings (including notes thereon) or of the provisions of the specifications and give them due effect, will be given by the Architect.

a.     Should a conflict occur between Drawings, or a conflict between specifications and Drawings, the Contractor shall be deemed to have estimated a more expensive way of doing work unless he shall gave asked for and obtained a decision, in writing from the architect before submission of proposals as to which method or materials will be required. If, after award, the less expensive work is done, the contractor shall credit the owner an amount equivalent to the difference between the more expensive and the less expensive work.

b.    If , in the Contractor’s opinion, any work indicated on the drawings, or specified in such manner as will make impossible to produce a first-class work, he shall refer same to the Architect for interpretation before proceeding with work if the contractor fails to make such reference; no excuse will thereafter be entertained for failure to carry out work in the most satisfactory manner.

3.04      DISCREPANCIES IN DRAWINGS: In case of discrepancy in the figures or drawings, the matter shall be submitted immediately to the Architect, before any adjustment shall be made by the contractor save only at latter’s own risk and expense, the decision of the Architect on the adjustment of discrepancies so as to conform to the real intent of the drawings and specifications shall govern and shall be followed by the Contractor.