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The Owner shall pay to the Contractor the fixed sum of EIGTHEEN MILLION
THREE HUNDRED SEVENTY FIVE THOUSAND SEVEN HUNDRED SIXTY ONE &
84/100 PESOS ONLY. ( Php 18,375,761.00) or such other sum as shall become
payable at the times and in times and in the manner set out in the Contract Documents,
("the Contract Sum"). The Contract Sum excluded Value Added Tax (VAT).
The Works will commenced upon receipt of the mobilization fund given by the
OWNER to the CONTRACTOR and the work shall be substantial completed and ready
for vehicular traffic use within working days.
The Owners shall advance to the Contractor the amount of Five Million Five
hundred twelve thousand seven hundred twenty eight and 30/100. (Php
5,512,728.30 ), representing MOBILIZATION FUND for the concreting of the entire
service road upon signing of the Contract.
Upon receipt of mobilization fund, the Contractor shall furnish the Owner one
Open Dated Company checks whose total amount is equivalent to the P 5,512,728.30
or Performance Bond equivalent to (30%) , to guarantee the Contractor's faithful and
due performance of all his obligation herein, which checks will be returned back to the
Contractor upon faithful and due performance of his obligation that is upon 100%
completion of the work.
The Contractor shall submit Progress Billing for the Work done. Every after
pouring. Upon presentation or the progress billing, the Owner shall pay to the
Contractor the amount equivalent to the agreed labor and supervision cost as duly
certified by the President or Owner Representative.
If the Works are not completed by the agreed Completion Date, due to the
Contractor's negligence except caused by an Act of God or Force Majeure as defined
the Contractor shall pay or allow the Owner to impose liquidated damages at the rate
of 1/10th of 1% of the Contract Sum per calendar day of delay or part of a day
between the Completion Date and the date of completion certified by the or Owner
representative. The Owner may deduct such liquidated damages from any monies
due or to become due to the Contractor under this Contract or he shall be entitled to
recover them from the Contractor as a debt.
The Contractor shall not be responsible for any damage or any delay in the
performance of Contract or any damage in connection with the work by the following
reasons:
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CONSTRUCTION AGREEMENT
This AGREEMENT is made and entered into on the 6th day of March, 2015, in
the City of Baguio, by and between: With the purpose to supersede the construction
agreement executed last January 18, 2008.
and
WITNESSETH
WHEREAS, the Owner wish to enter into a contract (hereinafter called the
"Contract") for the Proposed Concreting of the entire service road of Green Valley
Baguio Phase H Condominium located at Sto. Tomas Road, Baguio City. (hereinafter
alled the "Work"), to be carried out under the inspection of Arch. Eli Ruiz
(hereinafter called the "Owner Representative") in accordance to the attached
drawing and Bills of Quantities. Signed by Mr. Marcelino D. Marinas and Mr. Manuel L.
Manahan. Marked as Annex-A . These documents showing and describing the work to
be undertaken together with these Articles of Agreement and attached Agreed Cost
Proposal are called "the Contract Documents" which is an integral part of this
Contract.
WHEREAS, The Contractor shall furnish all the labor and materials, including
water and rebars supply tools and equipment therein and perform all the work required
thereunder.
NOW, THEREFORE, for and in consideration of the foregoing premises and the
covenants and undertakings hereinafter set forth, the parties hereto agree as follows.
Article I
In consideration of the fixed sum stated in Article 2 the Contractor shall, in strict
accordance ice with the Contract Documents, carry out and complete the works.
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5.4 Delays in materials deliveries not caused by negligence on the part of the
contractor.
5.5 Failure on the Owner to comply with its obligation.
5.6 Civil unrest and or general strike due to civil unrest.
The Contractor guarantees all materials will not be sub-standard deposit that
the FIRST PARTY pays for the ready mix and all the work after completion of the
project until one (1) frtay from the date of final acceptance. All defective within said
guaranteed period shall be replaced and made good by the CONTRACTOR at his own
expense. However, defects caused by wear and tear, intentional or accidental breakage
shall not be included in this guarantee.
Defective work shall made good and unsuitable materials shall be rejected not
withstanding that such work and materials have been overlooked by the President or
Owner Representative and accepted or estimated for payment. If the work or any
part thereof shall be found defective at anytime before the final acceptance of the
whole work, the CONTRACTOR shall forthwith make good such defect in the manner
satisfactory to the Owner. If any material brought on the ground for use in the work or
selected or not m conformity with the specifications, the CONTRACTOR shall forthwith
remove such materials from the vicinity of the work and any material furnished which
are damaged or rendered defective by the handling or improper installation by the
CONTRACTOR, his agents or employees, shall be made good and replaced at the
CONTRACTOR'S expense. This provision is without prejudice to Article 1723 of the
Civil Code of the Philippines which is hereby incorporated as part of this Contract.
The Owner shall be held free and harmless from any liability arising from claims
of third parties arising from this construction such as but not limited to wages, overtime
pay, compensation for injury or death to laborers or third parties, SSS Premiums, etc.,
all of which shall be for the account of CONTRACTOR.
The CONTRACTOR shall provide safeguards and other facilities for the
protection of the OWNERS, AND OWNER REPRESENTATIVE and the general
public. The CONTRACTOR shall be responsible for indemnity and save harmless the
OWNER from and against all losses, expenses, judgments, court cost, attorney's fees,
demands, payments, suits, actions, recoveries, decrees, executions and claims of every
nature and description brought and/or recovered against the CONTRACTOR or the
OWNER, by reason of any builder, agent, servant, laborer or employee hired by him.
The CONTRACTOR'S shall be responsible for, and shall bear all costs and expenses
cause by losses, damages, fire, injuries (including death at time resulting there from)
accidentally sustained by any person or persons or damage to property, arising out of,
or in connection with the execution of the work covered by this CONTRACT.
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Article X: Suspension of Work and Termination of Contract
10.1 In the event that the Owner order or direct Contractor. to stop work on
any portions of work covered by this contract for any reason, excepting
only on account of the fault of Contractor as stipulated under item 12.2,
the OWNER shall pay for all the cost of the completed work based on
accomplishment report plus fifteen percent (15%) supervision fee to the
Contractor.
10.2 The OWNER may terminate the Contractor without prejudice after
giving Contractor Fifteen (15) days written notice, Terminates the
services of Contractor on the following ground.
10.3 In the remote possibility that the OWNER fails to comply with its
obligation and/or undertaking under this agreement or upon OWNER's
request, Contractor may suspend the work on the project after giving
the Owners thirty (30) days written notice. During the time of work
suspension, the Owner shall bear the cost of maintaining the necessary
personnel’s and equipment. Upon expirations of Thirty (30) days of
continuous suspension of work, Contractor shall have the right to
withdraw from project site its personnel, materials and equipment and all
relevant demobilization cost together with completed works as stipulated
in item 14.1
In any and all circumstances, the parties shall assist each other with fairness,
equity and efficiency in overcoming their difficulties for the satisfactory performance of
this Contract. All disputes, controversies or differences, which may arise between the
parties in relation to or in connection with this Contract, shall be settled amicably.
Should the parties not come to an amicable settlement any disputes arising out
of or in connection with this Contract, including any question regarding its existence,
validity or termination shall be referred to and finally resolved by arbitration under the
rules of procedure governing Construction Arbitration Promulgated pursuant to
executive order 1008 (The Construction Industry Arbitration Law) by three (3)
Arbitrators to be appointed in accordance with such rules. The expenses and cost of
Arbitration shall be borne by the losing party.
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As Witness The Hands of the Said Parties
SIGNED ON BEHALF OF GREEN VALLEY BAGUIO
PHASE II CONDOMINIUM CORPORATION
WITNESSETH BY:
______________________ _____________________
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the ______________ this _________ day of
_________________ personally appeared.
WITNESS MY HAND AND MY NOTAIAL SEAL on the date and place herein
above written.
NOTICE TO PROCEED
MR MARCOS P. LUMA-ANG
Manager/Owner-FAMILY CONSTRUCTION
Shilan, La Trinidad, Benguet
Dear Sir:
The attached Contract Agreement having been approved, notice is hereby given to
Family Construction that work may commence on the project "CONSTRUCTION OF
MUNICIPAL MULTI-PURPOSE BUILDING AND EVACUATION CENTER" effective
within Three (3) days after the receipt of this notice.
You are given Two Hundred Seventy One (271) Calendar days to complete the
work.
Upon receipt of this notice, you shall be responsible for performing the services under
the terms and conditions of the Agreement and in accordance with the Implementing
Schedule.
Please acknowledge receipt and acceptance of this notice by signing the copies in the
space provided below. Keep one copy and return the other copies to the Municipal
Engineering Office.
ROBERTO K. CANUTO
Municipal Mayor
NOTICE OF AWARD
Dear Sir:
We are happy to notify you that the procurement for the Rehabilitation of Suyoc-
Ba-ayan-Posos Road at Ba-ayan, Tublay, Benguet is hereby awarded to you being
the Bidder with Single Calculated Responsive Bid at a Contract Price of ONE MILLION
NINE HUNDRED NINETY EIGHT THOUSAND FIVE HUNDRED THIRTY SEVEN PESOS &
SIXTY SIX CENTAVOS ONLY (P1,998,537.66).
You are therefore required, within ten (10) days from receipt of this Notice of. Award,
to formally - enter into contract with us, and to submit the Performance Security in
compliance to R.A. 9184. Failure to enter into the said contract or provide the
Performance Security shall constitute sufficient ground for cancellation of the award and
forfeiture of the Bid Security.
__________________________
Signature over Printed Named of
Bidder/Representative
__________________________
Name of Bidder
__________________________
Date