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PAKYAW CONTRACT AND AGREEMENT For The C

The document outlines a contract between a contractor and village for a pipe laying project. It specifies the scope of work, timeline, payment terms, guarantees, and safety requirements. The contractor will perform the pipe laying work within 60 days for a fixed price and be paid on a milestone basis, with deductions for mobilization and payroll.

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Angeline Dimaala
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0% found this document useful (0 votes)
129 views

PAKYAW CONTRACT AND AGREEMENT For The C

The document outlines a contract between a contractor and village for a pipe laying project. It specifies the scope of work, timeline, payment terms, guarantees, and safety requirements. The contractor will perform the pipe laying work within 60 days for a fixed price and be paid on a milestone basis, with deductions for mobilization and payroll.

Uploaded by

Angeline Dimaala
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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CONTRACT AND AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:


This contract made and entered into this _____ day of ___________ 2019 by and
between:

JOSEFINA VILLAGE with office address at 89 Mabini Poblacion San Carlos


City, Pangasinan represented by its chairman and co-chairman ROBERTO E.
MATALOG and PATRIA C. ESTANISLAO, of legal age, Filipinos with address
at Luna Tuy, Batangas and San Carlos City, Pangasinan, the party of the First
Part, hereinafter called “the OWNER”

and

RANDYMER CAMILON, hereinafter called “the CONTRACTOR”.

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:

PROJECT : Pipe-Laying of JOSEFINA VILLAGE SUBDIVISION


LOCATION : Brgy. Coliling, San Carlos City, Pangasinan
OWNER : JOINT VENTURE OF CABUAY FAMILY AND TUY AND
COMMUNITY MULTI-PURPOSE COOPERATIVE

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:

ARTICLE I – CONTRACT DOCUMENTS

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

ARTICLE II – SCOPE OF AND CONDITIONS OF WORK

The scope of work to be done by the CONTRACTOR consists of professional services


for the following:

1. The CONTRACTOR shall in accordance with provisions of and subject to the


conditions contained in the documents referred to in Article I hereof, and in
consideration of the sum of money herein after stated shall fully and faithfully
perform all labor and furnish the needed equipment and services necessary to
complete the Construction of the PROJECT as per plan and specifications of the
OWNER;
2. The CONTRACTOR shall hire skilled workers as may be necessary;
3. The CONTRACTOR shall construct the PIPE-LAYING OF JOSEFINA
VILLAGE SUBDIVISION under the supervision and management of
JOSEFINA VILLAGE
4. The CONTRACTOR shall complete the PROJECT within the timeline provided
herein.
5. The Contractor shall in no way suspend the works stipulated herein unless due to:
bad weather, fortuitous events, force majeure or other justifiable causes.

ARTICL III – TIME OF COMPLETION

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;

Any other delays independent of the will of the CONTRACTOR.

ARTICLE IV – THE CONTRACT SUM

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.

Payment shall be in accordance with the following conditions:

a. An initial mobilization of ONE HUNDRED THOUSAND PESOS (100,000.00


php) to be deducted on the total contract price of the PROJECT;
b. Twice a week payroll to be managed by JOSEFINA VILLAGE OFFICE every
Wednesdays and Saturdays.
c. The PROJECT is on a FIXED-BASED COMPENSATON wherein the
aforementioned total contract price shall not be changed whether the material cost
increases or decreases by the time being.
d. The sum of the overall labor payroll and the initial mobilization shall be deducted
from the total contract price upon the time of completion and whatever is left be
compensated to the CONTRACTOR.

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.

ARTICLE VI – SAFEGUARDS AND WARRANTS

The CONTRACTOR shall provide and do everything necessary to perform its


obligations under this contract according to the true intent and meaning of the other documents
taken together particularly the specifications provided that the same shall be inferred therefrom
and should the CONTRACTOR find specifications, he shall immediately refer the same to the
OWNER or JOSEFINA VILLAGE SUBDIVISION whose decision shall be followed.

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.

The CONTRACTOR shall be considered as an independent CONTACTOR and as


such, he assumes all obligations and liabilities arising out of the Employee’s Liability Act and
any other laws existing and those enacted thereafter that may affect the rights of the employees
or laborers employed in the performance of this contract. Should the OWNER be made liable
for any of the CONTRACTOR’s violation of any labor laws, the CONTRACTOR shall
reimburse the OWNER for whatever amount the latter is required to pay to said laborers.

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.

The CONTRACTOR is likewise mandated to implement the construction safety and


health program as may be provided by JOSEFINA VILLAGE SUBDIVISION

IN WITNESS WHEREOF, the parties have hereunto set their hands this _____ day of
at ____________________________________.

RANDYMER CAMILON
(PLUMBER/CONTRACTOR)

JOSEFINA VILLAGE SUBDIVISION


(OWNER)

Represented by:

ROBERTO E. MATALOG PATRIA C. ESTANISLAO


Josefina Village Chairman Josefina Village Co-Chairman

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