CONTRACT AGREEMENT FOR THE

CONSTRUCTION OF DAY CARE CENTER AT

BARANGAY SITE
(PERPETUAL SUCCOR)
Brgy. 4, Cabadbaran City, Agusan del Norte)

KNOW ALL MEN BY THESE PRESENTS:

THIS AGREEMENT made this day of ,2020 at

Cabadbaran City, Agusan del Norte, Philippines

By and between:

THE BARANGAY COUNCIL OF BARANGAY 4, Cabadbaran City, Agusan del Norte,

Philippines, represented by Hon. SOCORRO R. DE LEON, Punong Barangay, through
Sangguniang Pambarangay Resolution No. Series of
("hereinafter called the“First Party”)

- and -

ABADA CONSTRUCTION AND SUPPLY, a construction business with an office address at Blk. 3,
Lot 28 New IRA, Baan KM3, Butuan City, Philippines, represented by ANTHONY G. ABADA, Proprietor
("hereinafter called the “Second Party”).

WHEREAS, the “First Party” desires that the Second Party execute the CONSTRUCTION OF DAY
CARE CENTER AT BARANGAY SITE (PERPETUAL SUCCOR) with PhilGEPs Ref. No. 7027548, located at
Brgy. 4, this city (hereinafter called the “Works”) and the First Party has accepted the Bid for Two
Million Sixty Four Thousand Six Hundred Fifty Two Pesos and Seventy Eight Centavos (Ᵽ2,064,652.78) by
the Second Party for the execution and completion of such Works and the remedying of any defects
therein, if any.

Agreement witnesseth as follows:

1.     The following documents shall be deemed to form, be read and construed as part of this
Agreement, viz:

a. General & Special Conditions of Contract:

b. Drawings/Plans:
c. Specifications
d. Invitation to Bid;
e. Instructions to Bidders;
f. Bid Data Sheet
Bid Form including all the documents/statements contained in the Bidder’s bidding
g.
envelopes as annexes;
h. Eligibility Requirements, documents and or statements;
i. Performance Security
j. Credit line issued by a licensed bank, if any;
k. Notice of Award of Contract and the Bidder’s Conforme thereto;
l. Other contract documents that may be required by existing laws and or the Entity

2.     In consideration of the payments to be made by the “First Party” to the “Second Party” as
hereinafter mentioned, the “Second Party” hereby covenants with the “First Party” to
execute and complete the Works and remedy any defects therein in all respects
according to the provisions of the Contract.

3.     The following items and quantities are included in the scope of work:

SCOPE OF WORK
Item No. DescrIptIon Unit Quantity Unit Cost Total Amount
I EARTHWORKS
a Structural Excavation cu.m. 34.30 158.72 5,444.10
b Embankment cu.m. 40.00 557.24 22,289.60
II CONCRETE WORKS
a Structural Concrete cu.m. 23.08 6,306.21 145,547.33
b Rebars kg. 3,051.61 77.23 235,675.84
c Forms & Scaffolds ls. 1.00 118,031.34 118,031.34
(in figure) sub-total of page 1 ₱526,988.20
(in words) Five Hundred Twenty Six Thousand Nine Hundred Eighty Eight Pesos and Twenty Centavos

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III MASONRY WORKS
a Laying of CHB sq.m. 153.34 522.46 80,114.02
b Cement Plaster sq.m. 306.68 139.34 42,732.79
IV CARPENTRY WORKS
a Installation of Ceiling sq.m. 104.00 891.22 92,686.88
Installation of Cabinet
b
(Tailored Fit Shelves)
ls. 1.00 56,030.94 56,030.94

V DOORS AND WINDOWS

a Installation of Doors and Windows ls. 1.00 103,338.27 103,338.27
VI ROOFING WORKS
a Installation of Prepainted Metal Sheets lm. 158.25 1,232.45 195,035.21
VII METAL WORKS
a Trusses ls. 1.00 447,735.12 447,735.12
b Installation of Iron Grills ls. 1.00 50,547.23 50,547.23
VIII PAINTING WORKS
a Painting Works ls. 1.00 112,356.51 112,356.51
IX PLUMBING WORKS
a Fixtures ls. 1.00 30,891.32 30,891.32
b Inst. of Water Pipe Lines ls. 1.00 4,213.21 4,213.21
c Waste Pipe Lines & Downspout ls. 1.00 22,854.57 22,854.57
d Const. of Septic Tank ls. 1.00 57,408.02 57,408.02
X ELECTRICAL WORKS
a Conduits ls. 1.00 5,528.80 5,528.80
b Boxes ls. 1.00 1,865.14 1,865.14
c Fittings ls. 1.00 707.75 707.75
d Wires ls. 1.00 27,727.25 27,727.25
e Outlets & Switches ls. 1.00 5,828.55 5,828.55
f Lighting Fixtures & Reeptacles ls. 1.00 6,095.00 6,095.00
g Panel Board & Conduit Breaker ls. 1.00 6,911.00 6,911.00
XI TILE WORKS
a Installation of Tiles sq.m. 90.30 1,423.92 128,579.98
XII FACILITIES FOR THE ENGINEER
a Field Office/ Bunkhouse ls. 1.00 51,307.89 51,307.89
XIII PROJECT BILLBOARD
a Inst. of Project Billboard ls. 1.00 7,169.12 7,169.12
sub-total of page 2 1,537,664.57
(in words) One Million Five Hundvosred Thirty Seven Thousand Six Hundred Sixty Four Pesos and Fifty Seven Centavos
(in figure) Total Cost of 1 & 2 ₱2,064,652.77
(in words) Two Million Sixty Four Thousand Six Hundred Fifty Two Pesos and Seventy Seven Centavos

4 That the “Second Party” willfully and faithfully furnish all required materials and labor and
will complete the said Works, and hereby agrees to complete the contract within Three
Hundred Eighty Three (383) calendar days which shall commence not later than 7 days
from the issuance of Notice to Proceed.

5 The “First Party” hereby covenants to pay the “Second Party” in consideration of the
execution and completion of the Works at the Unit Prices agreed in the TENDER, at the
time and 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 “ Second Party” will be made only for actual quantities of contract items
performed in accordance with the plans and specifications and accepted by the “ First
Party”;

6.     The Implementing Rules and Regulations of RA 9184, other existing laws, decrees,
executive and administrative orders, department orders/circulars issued by proper
authorities affecting government construction projects, as well as the guidelines for the
completion and payment of Price Escalation on Infrastructure contracts adopted and
approved by the Government, shall be made and formed as integral part of this contract;

7.     That this contract shall not take effect until the “Second Party” has furnished and
delivered to the “ First Party” a Performance Security that is fully acceptable to the
Employer/Owner in the form and amount as required in the Instruction to Bidders;

01+032brgy. 4 const of day care center page 2 of 4

8.     In case the “Second Party” refuses or fails to satisfactorily complete the Works within the
specified contract time, plus any time extension duly granted and is hereby in default
under the Contract, the “Second Party” shall pay the “First Party” for Liquidated
Damages, as provided in the conditions of Contract, equal to at least one tenth (1/10) of
one (1%) percent of the cost or the unperformed portion of the works for everyday of
delay.

9.     In case the “Second Party” lags behind schedule in his Work and incurs 15% or more
negative slippages, based on his approved PERT/CPM, the City Mayor may, at his
discretion, terminate or rescind this contract pursuant to existing laws, rules and
regulations;

10.     
The “Second Party” shall comply with, and strictly observe, 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, DOLE Dept.
Order No. 13 and other relevant and applicable provisions of PD 442, as amended,
otherwise as the Labor Code of the Philippines;

10.a The “Second Party” shall comply with, and strictly observe, all guidelines and
protocol regarding the health and safety of the workmen, Re:COVID 19,
Specifically E.O. No. 033-2020 issued by the City Mayor, and Deparrtment
Circular No. 33-2020 issued by Asst. Secretary for Support Services, DPWH,
Central Office; and other issuances relative hereto;

11.     
The “Second Party” warrants that he has not given nor promised to give any money or
gift to any employee/official of the “First Party” to secure this Contract.

12.     
The joint guidelines on Change Orders, Extra Works Orders, etc. as provided under the
pertinent provisions of RA 9184 and Department Order No. 204 series of 2004 are
hereby incorporated as part of this Contract.

13.     
Within a period of 12 months after the completion and final acceptance of this Project,
the “ Second Party” shall remain liable for any damage/s or defect/s discovered on the
Works due to faulty methods or the use of materials of inferior quality or violation of the
terms and condition of this contract;

14.     
The “Second Party” shall be held responsible for any structural defects and/ or failure of
the completed projects within the warranty period of five (5) years for semi-permanent
structures after Final Acceptance except those occasioned by force majeure and those
caused by other parties; the “First Party” shall issue perpetual disqualification to the
Contractor from participating in any public bidding, if it fails to comply with the Warranty
Provisions under 62 of the Revised IRR of RA 9184;

15.     
The “Second Party” shall pay taxes in full and on time and that failure to do so will entitle
the LGU to suspend payment for the contract;

16.     
The “Second Party” shall likewise regularly present within the duration of the contract, a
tax clearance from the BIR as well as a copy of its income and business tax returns duly
stamped received by the BIR and duly validated with the tax payments made thereon;

17.     
This Contract/Agreement becomes binding and valid upon the parties and shall remain
effective upon approval hereof until the final completion and acceptance of the project.

IN WITNESS WHEREOF, the parties hereto have executed this agreement at the City of Cabadbaran,
Philippines, on the day, month and year first above written.

BARANGAY COUNCIL OF BRGY. 4 ABADA CONSTRUCTION AND SUPPLY

First Party Second Party
Represented by: Represented by:

SOCORRO R. DE LEON ANTHONY G. ABADA

Punong Barangay Proprietor

Signed in the presence of:

Kagawad
Chairman
Comm. on Infrastructure

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REPUBLIC OF THE PHILIPPINES )
Agusan del Norte )
City of Cabadbaran ) SS.
x--------------------------------------------------x

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the Province of and

Cababaran City, personally appeared the foregoing parties whom I have identified through competent
evidence of identity, to wit:

Name of the Party Competent Evidence of Identity

SOCORRO R. DE LEON
ANTHONY G. ABADA

and who represented to me that their respective signatures on the foregoing instrument were
voluntarily affixed by them for the purposes stated in the instrument and who declared that they have
executed the foregoing instrument as their free and voluntary act and deed. This Instrument consists
of only four (4) pages, including this page in which this acknowledgment is written, duly signed by the
parties and their instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL this day of , 2020

at Cabadbaran City, Agusan del Norte, Philippines.
`

Doc. No :
Page No :
Book No :
Series of 20___ .

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