Engineer III
(Witness)
Engineer III
(Witness)
Accountant III
AGNES D. MACASAQUIT
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
GEOHEART CONST. & TRDG. a corporation duly organized and existing by virtue of
the laws of the Republic of the Philippines with office address at 59 7th Ave., Villa Julita,
Saguin, City of San Fernando, Pampanga represented by EDUARDO G. DATU
Owner/Manager, has been authorized for this purpose as the PARTY OF THE SECOND
PART hereinafter called the CONTRACTOR,
WITNESSETH
Owner/Manager
CARMELITA C. ROMERO
PACKAGE V - CONSTRUCTION OF 2 TYPE 3 - SEATER TOILET
DETACHED W/ WASHING AREA FACILITIES CONSTRUCTION OF
WATER & SANITATION FACILITIES @ NORTHVILLE 16 ELEM.
SCHOOL, BRGY. ATLU BOLA; DOÑA ASUNCION LEE
INTEGRATED SCHOOL, BRGY. TABUN; MABALACAT
COMMUNITY HIGH SCHOOL, BRGY. DOLORES; SAN JOAQUIN
ELEM. SCHOOL, BRGY. SAN JOAQUIN; MABALACAT CENTRAL
ELEM. SCHOOL, BRGY. POBLACION AND MARCOS VILLAGE
ELEM. SCHOOL, BRGY. MARCOS VILLAGE, MABT., PAMPANGA
KNOW ALL MEN BY THESE PRESENTS:
BAC Chairman
Admin. Officer V
(Witness)
LOLITO M. DIZON
O.K. AS TO AVAILABILITY OF
FUNDS:
By: Party of the Second Part
GEOHEART CONST. & TRDG.
CONTRACT AGREEMENT
FOR THE
EDUARDO G. DATU
CELESTINO M. POLINTAN
1
WHEREAS, the EMPLOYER is desirous that the certain WORKS should be executed by
the CONTRACTOR, viz GEOHEART CONST. & TRDG. and has accepted the Bid of
the CONTRACTOR for the execution and completion of such WORKS and the
remedying of any defects therein;
ORVILL S. GAMBOA
OIC-Asst. District Engineer
Republic of the Philippines
Department of Public Works and
Highways
By: Party of the First Part
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 FOUR HUNDRED FIVETY-SIX THOUSAND FOUR HUNDRED
FIFTY-EIGHT 16/100 PESOS ONLY (P 2,456,458.16).
Engineer III
(Witness)
Engineer III
(Witness)
CARMELITA C. ROMERO
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.
AGNES D. MACASAQUIT
Accountant III
EDUARDO G. DATU
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:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
Owner/Manager
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
b.)
c.)
ORVILL S. GAMBOA
OIC-Asst. District Engineer
By: Party of the Second Part
O.K. AS TO AVAILABILITY OF
FUNDS:
LOLITO M. DIZON
NOW THIS AGREEMENT WITNESETH AS FOLLOWS:
GEOHEART CONST. & TRDG.
Republic of the Philippines
Department of Public Works and
Highways
By: Party of the First Part
WHEREAS, the whole WORKS in this PROJECT as covered by this CONTRACT shall
be completed within NINETY(90)–days in accordance with the provisions of the Bid
documents.
BAC Chairman
Admin. Officer V
(Witness)
CELESTINO M. POLINTAN
2
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
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)
Accountant III
BAC Chairman
Admin. Officer V
AGNES D. MACASAQUIT
O.K. AS TO AVAILABILITY OF
FUNDS:
LOLITO M. DIZON
Engineer III
(Witness)
CARMELITA C. ROMERO
CELESTINO M. POLINTAN
3
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.
PACKAGE V - CONSTRUCTION OF 2 TYPE 3 - SEATER TOILET
DETACHED W/ WASHING AREA FACILITIES CONSTRUCTION OF
WATER & SANITATION FACILITIES @ NORTHVILLE 16 ELEM. SCHOOL,
BRGY. ATLU BOLA; DOÑA ASUNCION LEE INTEGRATED SCHOOL,
BRGY. TABUN; MABALACAT COMMUNITY HIGH SCHOOL, BRGY.
DOLORES; SAN JOAQUIN ELEM. SCHOOL, BRGY. SAN JOAQUIN;
MABALACAT CENTRAL ELEM. SCHOOL, BRGY. POBLACION AND
MARCOS VILLAGE E/S, BRGY. MARCOS VILLAGE, MABT., PAMPANGA
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
Unit
1.00
209.28
76.00
3,788.56
6.00
840.00
35.28
1.00
136.00
136.00
1.00
1.00
1.00
1.00
440.00
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
Owner/Manager
ORVILL S. GAMBOA
OIC-Asst. District Engineer
EDUARDO G. DATU
By: Party of the Second Part
Republic of the Philippines
Department of Public Works and
Highways
By: Party of the First Part
GEOHEART CONST. & TRDG.
TOTAL
Unit
Cost
Total
Amount
55,484.04 P
55,484.04
267.79
56,042.57
4,711.71
358,089.88
60.08
227,620.09
13,171.86
79,031.18
375.43
315,363.93
3,418.02
120,587.76
261,638.87
261,638.87
1,539.73
209,403.92
683.10
92,902.17
66,810.83
66,810.83
214,704.52
214,704.52
102,538.24
102,538.24
69,495.27
69,495.27
515.33
226,744.16
2,456,458.16
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
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
Engineer III
(Witness)
BAC Chairman
Admin. Officer V
(Witness)
Accountant III
CARMELITA C. ROMERO
LOLITO M. DIZON
Owner/Manager
ORVILL S. GAMBOA
OIC-Asst. District Engineer
EDUARDO G. DATU
AGNES D. MACASAQUIT
O.K. AS TO AVAILABILITY OF
FUNDS:
By: Party of the Second Part
GEOHEART CONST. & TRDG.
Republic of the Philippines
Department of Public Works and
Highways
By: Party of the First Part
Engineer III
(Witness)
CELESTINO M. POLINTAN
4
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)
WHERE
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.
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
DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
GEOHEART CONST. & TRDG.
(PARTY OF THE FIRST PART)
(PARTY OF THE SECOND PART)
BY:
BY:
ORVILL S. GAMBOA
OIC-Asst. District Engineer
EDUARDO G. DATU
Owner/Manager
CELESTINO M. POLINTAN
Engineer III
(Witness)
CARMELITA C. ROMERO
Engineer III
(Witness)
LOLITO M. DIZON
BAC Chairman
Engineer III
(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)
CARMELITA C. ROMERO
Engineer III
(Witness)
BAC Chairman
Admin. Officer V
(Witness)
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.
Accountant III
(Notary Public)
Doc. No._______;
Page No._______:
Book No. ______;
Series of _______;
ORVILL S. GAMBOA
OIC-Asst. District Engineer
Owner/Manager
EDUARDO G. DATU
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 G. DATU
Owner/Manager, representing GEOHEART CONST. & TRDG. with Drivers License
No. C1084049105 expired on August 24, 2015 issued 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.
IN WITNESS WHEREOF, I have hereunto affixed my Signature and Official Seal this
_________ day of _______, ______________.
AGNES D. MACASAQUIT
O.K. AS TO AVAILABILITY OF
FUNDS:
By: Party of the Second Part
GEOHEART CONST. & TRDG.
Republic of the Philippines
Department of Public Works and
Highways
By: Party of the First Part
REPUBLIC OF THE PHILIPPINES
______________________________) S.S
______________________________)
ACKNOWLEDGEMENT
LOLITO M. DIZON
CELESTINO M. POLINTAN
6