PAKYAW CONTRACT AND AGREEMENT For The C
PAKYAW CONTRACT AND AGREEMENT For The C
and
WITNESSETH:
WHEREAS, the CONTRACTOR offers build services under a project supervision and
management basis and on a fixed-based compensation;
WHEREAS, the OWNER has voluntarily sought and engaged CONTRACTOR for the
construction of the following PROJECT:
NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual
covenants and stipulations herein made, the parties hereby agree to be bound by the terms and
conditions stipulated hereunder:
The following documents shall be deemed to form and be interpreted and construed as
part of this Agreement:
a. Earthworks (concrete cutting and test pit)
b. Pipe laying and interconnection works.
c. Installation of Gate Valve, STC and Fire Hydrant
d. Cluster line Assembly and Culvert Crossing Assembly
e. Phases and Timeline of the completion of the PROJECT
1. The construction of the PROJECT shall be completed within Sixty Calendar Days
(60) calendar days including Saturdays and holidays.
2. Should the CONTRACTOR refuse or otherwise fail to complete the work
stipulated herein, the CONTRACTOR agrees to pay the OWNER liquidated
damages in an amount equal to One-Tenth of One Percent (0.1%) of the total
contract sum for each calendar day of delay until the work is completed and
accepted by the OWNER or when the OWNER takes over the project by
administration or relets it to other contractors until such time as the OWNER may
reasonably secure the completion of the works. Such amount shall be deducted
from any money due or which may become due the CONTRACTOR under this
contract.
EXTENSION. The following are grounds for the extension of the TIME OF
COMPLETION, in which case the CONTRACTOR shall not be held liable for the cost
therefor:
a. Force majeure and fortuitous events, such as but not limited to flood, typhoon,
earthquake, accidents, natural calamities, including those which affect the
timely delivery of materials, tools, equipment, facilities, and services provided
in the Contract Documents;
b. Changes and alterations made or otherwise approved by the OWNER;
c. Delay in the payment of the fees by the OWNER; and
d. Delay caused by the OWNER;
The OWNER for and in consideration of the faithful and satisfactory fulfilment of the
contract by the CONTRACTOR in accordance with the terms and conditions of all contact
documents and subject to the deduction herein provided, shall pay to the CONTRACTOR in
Philippine Currency the sum of ONE MILLION SEVEN HUNDRED FORTY-FOUR
THOUSAND FOUR HUNDRED SEVENTY-THREE PESOS or Forty-Two Percent
(42%) of actual quoted material cost to be billed on a milestone basis.
ARTICLE V - GUARANTEE
The CONTRACTOR hereby guarantees the work stipulated in this contract as well as
workmanship of all its work under this contract and shall make good of its own account and/or
its own expenses.
After final acceptance of the PROJECT by the OWNER, the CONTRACTOR shall
assume full responsibility for any damage or destruction of the works except those occasioned
by force majeure.
The OWNER reserves the right for an additional or increase in the number of laborers
or workers assigned to the construction site in the opinion of the OWNER or JOSEFINA
VILLAGE SUBDIVISION as the exigencies of the circumstances may require.
Notwithstanding any provisions of this contract, the OWNER has the right and/or
power to terminate the contract without necessity of judicial action by giving written notice to
the CONTRACTOR upon his failure to comply strictly with any of the terms of this contract.
IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day of
at ____________________________________.
RANDYMER CAMILON
(PLUMBER/CONTRACTOR)
Represented by: