Engineer III
(Witness)
Engineer III
(Witness)
BAC Chairman
Admin. Officer V
(Witness)
CONTRACT AGREEMENT
FOR THE
PACKAGE VII- CONSTRUCTION OF 2 TYPE 3- SEATER TOILET
DETACHED W/ WASHING AREA FACILITIES CONSTRUCTION OF
WATER & SANITATION FACILITIES @ A. MANGALIT
ELEMENTARY SCHOOL, BRGY. MANGALIT MABT., PAMP. B.
SAPANG BIABAS NATIONAL HIGH SCHOOL, BRGY. SAPANG
BIABAS, MABT., PAMP. C. MAWAQUE RESS. HIGH SCHOOL,
BRGY. MAWAQUE, MABT., PAMP. D. MABALACAT TECHNICAL
HIGH SCHOOL, MABALACAT, PAMPANGA E. MABALACAT
TECHNICAL VOCATIONAL SCHOOL, MABALACAT, PAMPANG F.
DAPDAP ELEMENTARY SCHOOL, BRGY. DAPDAP, MABT., PAMP.
G. SAN FRANCISCO ELEMENTARY SCHOOL, BRGY. SAN
FRANCISCO MABT., PAMP. H. MABIGA ELEMENTARY SCHOOL,
BRGY. MABIGA, MABT. PAMP. VARIOUS SCHOOLS IN
MABALACAT, PAMPANGA
KNOW ALL MEN BY THESE PRESENTS:
Accountant III
This contract made and entered into this 7th Day of October 2013 at City of Angeles,
Pampanga by and between.
The Republic Of The Philippines (Department Of Public Works And
Highways) represented herein by ORVILL S. GAMBOA-OIC-Asst. District Engineer,
with office address at San Francisco St., Angeles City, as the PARTY OF THE FIRST
PART, hereinafter called the EMPLOYER duly authorized for this purpose,
and
ORVILL S. GAMBOA
OIC-Asst. District Engineer
Owner/Contractor
AGNES D. MACASAQUIT
EDUARDO T. SANTOS
By: Party of the Second Part
Republic of the Philippines
Department of Public Works and
Highways
By: Party of the First Part
EDUARDO T. SANTOS CONSTRUCTION
SUPPLIES
O.K. AS TO AVAILABILITY OF
FUNDS:
LOLITO M. DIZON
CARMELITA C. ROMERO CELESTINO M. POLINTAN
1
EDUARDO T. SANTOS CONSTRUCTION SUPPLIES a corporation duly organized
and existing by virtue of the laws of the Republic of the Philippines with office address at
San Vicente, Bacolor, Pampanga represented by EDUARDO T. SANTOS
Owner/Contractor, has been authorized for this purpose as the PARTY OF THE
SECOND PART hereinafter called the CONTRACTOR,
WITNESSETH
WHEREAS, the EMPLOYER is desirous that the certain WORKS should be executed by
the CONTRACTOR, viz: EDUARDO T. SANTOS CONSTRUCTION SUPPLIES
and has accepted the Bid of the CONTRACTOR for the execution and completion of
such WORKS and the remedying of any defects therein;
WHEREAS, the above-mentioned project has been undertaken through Competitive
Public Bidding;
WHEREAS, the total amount of award for completion of the WORKS is TWO
MILLION SIX HUNDRED FOUR THOUSAND NINE HUNDRED TWENTYNINE PESOS & 67/100 ONLY (P 2,604,929.67).
Engineer III
(Witness)
WHEREAS, the whole WORKS in this PROJECT as covered by this CONTRACT shall
be completed within SIXTY(60)–days in accordance with the provisions of the Bid
documents.
NOW THIS AGREEMENT WITNESETH AS FOLLOWS:
Engineer III
(Witness)
1. That in this Contract Agreement, words and expressions shall have the same
meanings as are respectively assigned to them in the Conditions of Contract
hereinafter referred to.
2. That the following documents shall be deemed to form and be read and
construed as part of this Agreement, viz:
a). The Bid Form accomplished and submitted by the Contractor
including the following annexes:
Accountant III
Authority of the Signing Official
Bid Prices in the Bill of Quantities
Detailed Estimates
Construction Schedule & S-Curve
Construction Methods
Project Organizational Chart
Person power Schedule
List of Contractor’s Personnel
Equipment Utilization Schedule
List of contractor’s equipment units
Bid Security
Construction Safety and Health Program
Cash Flow and Payment Schedule
Certificate of Site Inspection
Supplementary PQ Statement per D.O. # 8 s. 1991
Contract Agreement
Conditions of Contract; i.e., the DPWH Standard Specifications;
1988, Vol. 1, & DPWH Standard Specifications
2004, Vol. II, Highways, Bridges and Airports
d.) Drawing /Plans
e.) Invitation to Bid
f.) Specifications
g.) Instructions to Bidders
h.) Addenda
i.) Performance Bond
j.) Post qualification Statements
k.) Certificate of Cash for Operating Expenses
l.) Notice of Award to Contractor and Contractor’s Conforme thereto
m.) Other pertinent documents as may be required
Asst. District Engineer
Owner/Contractor
EDUARDO T. SANTOS
AGNES D. MACASAQUIT
BAC Chairman
Admin. Officer V
(Witness)
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
b.)
c.)
ORVILL S. GAMBOA
OIC-Asst. District Engineer
Republic of the Philippines
Department of Public Works and EDUARDO T. SANTOS CONSTRUCTION
SUPPLIES
Highways
By: Party of the Second Part
By: Party of the First Part
O.K. AS TO AVAILABILITY OF
FUNDS:
LOLITO M. DIZON CARMELITA C. ROMERO
CELESTINO M. POLINTAN
2
3. That in consideration of the Payment to be made by the EMPLOYER to the
CONTRACTOR as hereinafter mentioned, the CONTRACTOR hereby
covenants with the EMPLOYER to execute and complete the WORKS and
remedy any defects therein in conformity in all respects with the provisions of
this CONTRACT.
Engineer III
(Witness)
PACKAGE VII- CONST. OF 2 TYPE 3- SEATER TOILET DETACHED W/
WASHING AREA FACILITIES CONST. OF WATER & SANITATION
FACILITIES @ A. MANGALIT ELEMENTARY SCHOOL, BRGY.
MANGALIT MABT., PAMP. B. SAPANG BIABAS NATIONAL HIGH
SCHOOL, BRGY. SAPANG BIABAS, MABT., PAMP. C. MAWAQUE RESS.
HIGH SCHOOL, BRGY. MAWAQUE, MABT., PAMP. D. MABALACAT
TECHNICAL HIGH SCHOOL, MABALACAT, PAMPANGA E.
MABALACAT TECHNICAL VOCATIONAL SCHOOL, MABALACAT,
PAMPANG F. DAPDAP ELEMENTARY SCHOOL, BRGY. DAPDAP, MABT.,
PAMP. G. SAN FRANCISCO ELEMENTARY SCHOOL, BRGY. SAN
FRANCISCO MABT., PAMP. H. MABIGA E/S, BRGY. MABIGA, MABT.
PAMP. VARIOUS SCHOOLS IN MABALACAT, PAMPANGA
Owner/Contractor
ORVILL S. GAMBOA
OIC-Asst. District Engineer
EDUARDO T. SANTOS
Accountant III
Engineer III
(Witness)
AGNES D. MACASAQUIT
CARMELITA C. ROMERO
BAC Chairman
Admin. Officer V
(Witness)
By: Party of the Second Part
O.K. AS TO AVAILABILITY OF
FUNDS:
Republic of the Philippines
Department of Public Works and
Highways
By: Party of the First Part
EDUARDO T. SANTOS CONSTRUCTION
SUPPLIES
4. That the EMPLOYER hereby covenants to pay the CONTRACTOR in
consideration of the execution and completion of the WORKS at the unit
prices agreed in the TENDER, at the time in the manner 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
EMPLOYER.
LOLITO M. DIZON
CELESTINO M. POLINTAN
3
Item
Number
Description
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
General Requirements
Earthworks
Conc. Works
RSB Works
Form Works
Masonry Works
Door & Windows
Steel Works
Roofing Works
Carpentry Works
Electrical Works
Plumbing Works
Sanitary Works
Painting Works
Tile Works
Quantity
1.00
225.24
85.50
4,262.13
8.00
945.00
39.69
1.00
153.00
153.00
1.00
1.00
1.00
1.00
495.00
TOTAL
Unit
l.s
cu.m
cu.m
kgs.
sq.m
sq.m
sq.m
l.s
sq.m
sq.m
l.s
l.s
l.s
l.s
sq.m
Unit
Cost
68,300.00
157.01
4,222.22
50.00
10,112.50
320.00
3,400.08
295,400.00
1,519.00
685.00
73,900.00
250,500.00
118,900.00
77,800.00
515.55
Total
Amount
68,300.00
35,364.93
360,999.81
213,106.50
80,900.00
302,400.00
134,949.18
295,400.00
232,407.00
104,805.00
73,900.00
250,500.00
118,900.00
77,800.00
255,197.25
2,604,929.67
5. The provisions of Republic Act. 9184 and other existing laws, decrees,
executive and administrative orders, circulars issued by proper authorities
affecting government construction projects shall be made and formed as
Integral part of the Contract.
6. That this CONTRACT shall not take effect until the CONTRACTOR has
furnished and delivered to the EMPLOYER a Performance Bond that is fully
acceptable to the EMPOYER in the form and amount as required in the
instructions to Bidders.
7. In case the CONTRACTOR refuses or fails to satisfactorily complete the
work within the specified contract time, plus any time extension duly granted
and is hereby in default under the CONTRACT, the CONTRACTOR shall
pay the GOVERNMENT for liquidated damages, and not by way of penalty,
an amount to be determined for each calendar day of delay, until the work is
completed and accepted or taken over the Government.
TLD=VUUPx [(1+OCC)ⁿ-1]x K
Engineer III
(Witness)
VUUP=TCP-VCUP
WHERE:
TLD
=
Total Liquidated Damages, In Pesos
VUUP =
Value of the uncompleted and unusable portions of the
contract work as of the expiry date of the contract, in pesos
TCP
=
Total Contract Price, In Pesos
VCUP =
Value of the completed and usable portion of the contract
work, as the Expiry date of the contract, in pesos
OCC
=
prevailing opportunity cost of capital for government
projects set by NEDA, which is currently pegged at 15%
n
=
k
=
=
total number of years that the contract work is delayed after
the expiry date of the contract
adjustment factor to cover additional losses
1+C+(l x n)
LOLITO M. DIZON
BAC Chairman
Admin. Officer V
(Witness)
Accountant III
C
=
i
=
cost of construction supervision as a percentage, not
exceeding 10% of construction cost
annual inflation rate as defined by NEDA
8. In case the CONTRACTOR lags behind schedule in his work and incurs 15%
or more negative slippage, based on his approved PERT/CPM, the Secretary
of Department Public Works and Highways may, at his discretion, terminate
of rescind the contract pursuant to existing laws, rules and regulations
9. The provision of RA 6685 as implemented by Department Order No. 51,
series of 1990 is hereby incorporated as part of this CONTRACT.
10. The CONTRACTOR shall comply with, and strictly observed, all laws
regarding workmen’s health and safety, workmen’s welfare, compensation for
injuries minimum wages, hours of labor and other labor laws as per Ministry
Order No. 9, series of 1981.
11. The CONTRACTOR warrants that he has not given nor promised to give any
money or gift to any employee of the EMPLOYER (or any Philippines
government Instrumentality0 to secure this CONTRACT.
12. The CONTRACTOR shall pay taxes I full and on time and that failure to do
so will entitle the government to suspend payment for the contract.
Owner/Contractor
EDUARDO T. SANTOS
AGNES D. MACASAQUIT
WHERE
ORVILL S. GAMBOA
OIC-Asst. District Engineer
By: Party of the Second Part
Republic of the Philippines
Department of Public Works and
Highways
By: Party of the First Part
EDUARDO T. SANTOS CONSTRUCTION
SUPPLIES
O.K. AS TO AVAILABILITY OF
FUNDS:
CARMELITA C. ROMERO
Engineer III
(Witness)
CELESTINO M. POLINTAN
4
13. The CONTRACTOR shall likewise regularly present, within the duration of
the contract, a tax clearance from the Bureau of Internal Revenue(BIR) as
well as a copy of its income and business tax returns duly stamped and
received by the BIR and duly validated within the tax payments made thereon.
14. Within a period of 12(twelve) Months after completion and final acceptance
of the PROJECT, the CONTRACTOR shall remain liable for any damages or
defects discovered on the works due to faulty construction or the use of
materials of inferior quality or violation of terms of the CONTRACT.
15. If any dispute or difference of any kind whatsoever arises between the
EMPLOYER or the ENGINEER and the CONTRACTOR in connection with
or arising out of the CONTRACT, or carrying out of the WORKS, it shall first
be submitted for resolution to the Secretary.. However, if the decision of the
Secretary is not satisfactory to the CONTRACTOR, such dispute may be
submitted to, and settled by, the construction industry Arbitration Commission
(CIAC) created by Executive Order No. 1088
16. This agreement becomes binding and valid upon approval by the proper
authorities.
5
IN WITNESS WHEREOF, the parties hereto set their respective hands on the day, month and
year first above written.
REPBULIC OF THE PHILIPPINES
EDUARDO T. SANTOS CONST.
SUPPLIES.
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
(PARTY OF THE FIRST PART)
(PARTY OF THE SECOND PART)
BY:
BY:
ORVILL S. GAMBOA
OIC-Asst. District Engineer
EDUARDO T. SANTOS
Owner/Contractor
CELESTINO M. POLINTAN
Engineer III
(Witness)
CARMELITA C. ROMERO
Engineer III
(Witness)
LOLITO M. DIZON
BAC Chairman
Admin. Officer V
(Witness)
O.K. AS TO AVAILABILITY OF FUNDS:
AGNES D. MACASAQUIT
Accountant III
Approved this ________ day of ______________________year 2013
APPROVED:
TITO JESUS T. SALVADOR
Officer-In-Charge
Engineer III
(Witness)
REPUBLIC OF THE PHILIPPINES
______________________________) S.S
______________________________)
Engineer III
(Witness)
BAC Chairman
Admin. Officer V
(Witness)
BEFORE ME, as the Notary Public for and within the Province/City of Angeles,
personally appeared, ORVILL S. GAMBOA, OIC-Asst. District Engineer,
representing the REPUBLIC OF THE PHILIPPINES (Department of Public Works
and Highways) with Professional Regulation Commission Registration No. 0019918
issued on November 11, 1978 at Sampaloc, Manila and EDUARDO T. SANTOS
Owner/Manager, representing EDUARDO T. SANTOS CONSTRUCTION
SUPPLIES with Driver’s License No. ____________ issued on _______________ at
________________ 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 six (6) 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.
Owner/Contractor
Accountant III
IN WITNESS WHEREOF, I have hereunto affixed my Signature and Official Seal this
_________ day of _______, ______________.
EDUARDO T. SANTOS
AGNES D. MACASAQUIT
CARMELITA C. ROMERO
LOLITO M. DIZON
ACKNOWLEDGEMENT
ORVILL S. GAMBOA
OIC-Asst. District Engineer
eer
By: Party of the Second Part
Republic of the Philippines
Department of Public Works and
Highways
By: Party of the First Part
EDUARDO T. SANTOS CONSTRUCTION
SUPPLIES
O.K. AS TO AVAILABILITY OF
FUNDS:
CELESTINO M. POLINTAN
6
(Notary Public)
Doc. No._______;
Page No._______:
Book No. ______;
Series of _______;