REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
REGION III
ST
PAMPANGA 1 DISTRICT ENGINEERING OFFICE
Sindalan, City of San Fernando, Pampanga
CONTRACT AGREEMENT
FOR THE
WIDENING/IMPROVEMENT OF MANILA NORTH ROAD
INCLUDING DRAINAGE SYSTEM APALIT-SAN SIMON-STO.
TOMAS, PAMPANGA KM. 53+186.50-KM.63+846.50
(INTERMITTENT SECTION), APALIT-SAN SIMON-STO.
TOMAS, PAMPANGA
KNOW ALL MEN BY THESE PRESENTS :
This contract made and entered into this
at City of San Fernando, Pampanga by and between
day of
, 2014
The Government of the REPUBLIC OF THE PHILIPPINES
(Department of Public Works and Highways), with office address
at Sindalan, City of San Fernando, Pampanga, represented by
WILLIAM C. BUSTOS, OIC-Asst. District Engineer, hereinafter called
the OWNER and the FIRST PARTY;
and
CHOLO CONSTRUCTION AND TRADING with office address at
City of San Fernando, Pampanga, represented by SALVADOR V.
MANALO , General Manager hereinafter called the CONTRACTOR
and the SECOND PARTY.
WITNESSETH
WHEREAS, from among the twelve (12) bids submitted for the subject Project
during the bidding held on April 3, 2014, the bid of CHOLO CONSTRUCTION AND
TRADING was the lowest evaluated bid in the total amount of : THIRTY ONE
MILLION FIVE HUNDRED EIGHTY SIX THOUSAND TWO HUNDRED THIRTY
PESOS AND 00/100 ( P31,586,230.00) and therefore considered most
advantageous to the Government;
WHEREAS, the WORKS comprised in this Contract shall be completed within ONE
HUNDRED FIFTY (150) calendar-days in accordance with the provisions of the Bid
Documents;
THIS AGREEMENT WITNESSETH as follows:
1.
In this Agreement, words and expressions shall have the same
meanings as are respectively assigned to them in the Conditions of
Contract hereinafter referred to.
2.
The following documents shall be deemed to form and be interpreted
and construed as part of this Agreement, viz:
a)
Proposed Book (Volume I of Bid Documents) containing the:
(i)
(ii)
(iii)
Instructions to Bidders:
Bid Form, Appendices to Bid, Bid Schedule and
Daywork Schedule
Bill of Quantities containing the:
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b)
Preamble
Work Items containing the Bid Prices
Annexes to Bill of Quantities:
Conditions of Contract (Volume II Bid Documents):
(i)
c)
DPWH Standard Specifications, 2004 Edition Volume
I: Requirements & Conditions of Contract
(ii)
Conditions of Contract: Part II – Conditions of
Particular Applications
Technical Specifications (Volume III of Bid Documents)
(i)
DPWH Standard Specifications for Public Works and
Highways, 1995 Edition, Volume II – Highways,
Bridges and Airports; Part I
(ii)
Supplemental Specifications and Special Provisions;
Part II
d)
Plans/Drawings (Volume IV of Bid Documents);
e)
Applicable DPWH Department Orders (Volume V of Bid
Documents)
f)
RA 9184 and its Implementing Rules and Regulations, Part A
(RA 9184 with IRR-A) which repeals P.D. 1594 and its
Implementing Rules and Regulations as amended 24 May and
05 July 2000 and Executive Order No. 40 and its Implementing
Rules and Regulations, series of 2001. (Volume VI of Bid
Documents)
g)
DOLE Department Order No. 13 Series of 1998, GUIDELINES
GOVERNING OCCUPATIONAL SAFETY AND HEALTH IN
THE CONSTRUCTION INDUSTRY, and the Article “SAFETY
AND HEALTH MANAGEMENT”. (Volume VII of Bid
Documents)
h)
Supplemental Notices/Addenda, if there are any during the
Tender Period (Volume VIII of the Bid Documents);
i)
Annexes to the Bid:
(1) Authority of the Signing Official(s);
(2) Detailed Estimates;
(3) Construction Schedule and S-Curve;
(4) Construction Methods;
(5) Contractor’s Project Organization Chart;
(6) Manpower Schedule;
(7) Equipment Utilization Schedule and duly executed
Contract of Lease of all equipment and machinery intended
for use exclusively for the Project not owned by the
Contractor, if any;
(8) Cash Flow by quarter and Payment Schedule;
(9) Certification of Inspection of Site;
j)
Performance Security;
k)
Updated Credit Line issued by an authorized bank in an
amount equal to the advance operating expenses of the
Project for two (2) months or twenty percent (20%) of the total
project cost, whichever is less;
l)
Notice of Award of Contract with the Contractor’s “Conforme”
thereto;
m)
Duly approved Program of Work and Cost Estimates;
n)
Certificate of Availability of Funds;
o)
Approved Budget for the Contract;
p)
Abstract of Bids;
q)
Resolution of the BAC recommending award;
r)
Approval of Award by approving authority;
s)
Other pertinent documents required by existing laws.
3. Payment to be made by the OWNER to the CONTRACTOR shall be in
the Philippine Currency;
4. In consideration of the payment to be made by the OWNER to the
CONTRACTOR herein before mentioned, the CONTRACTOR hereby
covenants with the OWNER to construct and complete the Works in
conformity in all respects with the provisions of this CONTRACT.
5. The OWNER hereby covenants to pay the CONTRACTOR in
consideration of the construction and completion of the WORKS at the
unit prices appearing in the Bill of Quantities and in the manner
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prescribed by the CONTRACT and specified in the BID. It is
understood that the quantities listed in the PROPOSAL do not govern
final payment, hence payment to the CONTRACTOR will be made only
for actual quantities of contract items performed in accordance with the
Plans and Specifications and accepted by the OWNER.
WIDENING/IMPROVEMENT OF MANILA NORTH ROAD
INCLUDING DRAINAGE SYSTEM APALIT-SAN SIMON-STO.
TOMAS, PAMPANGA KM. 53+186.50-KM.63+846.50
(INTERMITTENT SECTION), APALIT-SAN SIMON-STO.
TOMAS, PAMPANGA
Item
Number
I. INCIDENTALS
SPL I
Description
Quantity
Unit
Unit Cost
Total Amount
Const. Safety and Health
1.00
l.s.
84,672.00
84,672.00
SPL IA Project Billboard (DPWH)
SPL IB Project Billboard (COA)
1.00
1.00
l.s.
l.s.
6,050.00
8,115.00
6,050.00
8,115.00
SPL-2
Traffic Management
1.00
l.s.
193,585.27
193,585.27
SPL-3
Facilities for the Engineer
1.00
l.s.
241,920.00
241,920.00
SPL-4
Mobilization/Demobilization
1.00
l.s.
184,173.00
184,173.00
718,515.27
II. ROADWAY IMPROVEMENT
Removal of Existing
101-A Asphalt/Conc. including
Disposal
8,263.00 Sq.m.
141.35
1,167,975.05
102
Roadway Excavation
2,066.00 cu.m.
275.35
568,873.10
105
Sub Grade Preparation
8,263.00 Sq.m.
14.10
116,508.30
200
Aggt. Sub-Base Course
2,588.00 cu.m.
797.85
2,064,835.80
311
PCC Pavement (0.30 m. thk.)
8,263.00 Sq.m.
1,589.65
13,135,277.95
17,053,470.20
2,970.00 cu.m.
117,250.34 kgs.
938.00 cu.m.
275.20
57.15
6,712.20
817,344.00
6,700,856.93
6,296,043.60
13,814,244.53
31,586,230.00
II. CONSTRUCTION OF DRAINAGE
103
404
405
Structure Excavation
Reinforce Steel Bar Grade 40
Structural Concrete Class (A)
TOTAL >>>
6. The CONTRACTOR warrants that he has not given nor promised to
give any money or gift to any employee of the OWNER (or any
Philippines government instrumentality) to secure this Contract;
7. The CONTRACTOR shall comply with, and strictly observe all laws
regarding workmen’s compensation for injuries, minimum wages, hours
of labor, etc., and other labor laws;
8. Pursuant to RA 9184 and its Revised Implementing Rules and
Regulations, which repeals PD 1594 and its Implementing Rules and
Regulations, as amended and Executive Order No. 40 and its
Implementing Rules and Regulations as amended.
9. This Agreement becomes valid and binding upon approval by the
Secretary of Public Works and Highways in accordance with the
provisions of RA 9184 and its Revised Implementing Rules and
Regulations.
10. The CONTRACTOR shall pay taxes in full and on time and that failure
to do so will entitle the Government to suspend payment for the
services delivered by the private contracting party.
11. The CONTRACTOR shall likewise regularly present within the duration
of the contract, a tax clearance from BIR as well as a copy of its
Income and Business Tax Returns duly stamped and received by the
BIR and duly validated with tax payments made thereon.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their respective
hands on the date above written.
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF PUBLIC
WORKS AND HIGHWAYS
CHOLO
TRADING
(PARTY OFTHE FIRST PART)
BY:
(PARTY OF THE SECOND PART)
BY:
CONSTRUCTION
WILLIAM C. BUSTOS
OIC-Asst. District Engineer
SALVADOR V. MANALO
General Manager
NOMER ABEL P. CANLAS
Administrative Officer V
(Witness)
ANTONIO J. SACDALAN
(Witness)
O.K. AS TO AVAILABILITY OF FUNDS:
FELMA L. SANCHEZ
Accountant III
APPROVED:
ENRICO S. GUILAS
OIC-District Engineer / PM III
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AND
REPUBLIC OF THE PHILIPPINES)
____________________________) S.S
____________________________)
ACKNOWLEDGEMENT
BEFORE ME, as the Notary Public for and within the Province/City of San
Fernando, Pampanga personally appeared, WILLIAM C. BUSTOS, OIC-Asst.
District Engineer representing the REPUBLIC OF THE PHILIPPINES
(Department of Public Works and Highways), with Passport No. XX4236108
and SALVADOR V. MANALO, General Manager, representing CHOLO
CONSTRUCTION AND TRADING with Community Certificate No. ________
issued on _____________ at City of San Fernando, Pampanga known to me to
be the same persons who executed the foregoing CONTRACT and AGREEMENT
and they acknowledged to me that the same is their true act and deed for and in
behalf of the parties they represented.
This instrument consist of five (5) pages, including this page, on which this
acknowledgement is written duly signed by the contracting parties and their
witnesses on the left margin of the other pages.
IN WITNESS WHEREOF, I have hereunto affixed my Signature and Official Seal
this __
_ day of _____________, 2014.
___________________
(Notary Public)
Doc. No. _________;
Page No. _________;
Book No. _________;
Series of _________;
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