This Agreement made and entered into this _____day of _____________ 2014 at _____________________, by and between:
__________________, a corporation duly organized and registered under the laws of the Philippines, with office address at ___________________ represented by its President, ___________________________, as Principal Beneficiary, hereinafter referred to as PROJECT OWNER.
-And-
___________________________, A company duly organized and existing under the laws of the Republic of the Philippines, with office address at ____________________, NCR represented herein by its general manager- ____________, herein referred to as the MAIN CONTRACTOR
Collectively known as PARTIES
-WITNESSETH
WHEREAS, the MAIN CONTRACTOR will undertake the Design, Construction, Project and Property Management of the Seven (7) Storey Condominium Building, located at Palmera/San Anton St., Sampaloc Manila City, herein reffered to as PROJECT;
WHEREAS, The OWNER intends to avail the services of the MAIN CONTRACTOR for the Design, Construction, Project and Property Management of the entire project;
WHEREAS, The MAIN CONTRACTORS has offered, represented and warranted itself as Capable, Competent, Reliable and duly qualified to undertake the ALL SCOPES OF SERVICES for the entire PROJECT;
NOW, THEREFORE, for and in consideration of the foregoing premises, the PARTIES mutually agree as follows;
I. SCOPE OF WORKS
The MAIN CONTRACTOR, for and in consideration of the sum of money to be paid by the OWNER, shall furnish all labor, materials tools, equipments, consumables and technical supervision necessary to complete the said Scopes of Services of the PROJECT in full accordance with the PLANS AND SPECIFICATIONS prepared by them including project and property management until the project is completed and handed over to the OWNER. II. CONTRACT PRICE
The Lump Sum Contract Price shall be inclusive of VAT and EWT amounting to ______________________ (Php __________________).
Contract Price shall be fixed and not subject to price escalation regardless of the increase in the cost of materials, cost of fuel and currency devaluation of Foreign exchange rate, wage increase except to work additions. All cost and expense over and above the contract price shall be for the account of the MAIN CONTRACTOR.
III. TERMS & CONDITIONS
1. All permits/licenses pertaining to complete the project from all government agencies concerned including PERMIT TO SELL from HLURB and re-survey of building lot and application of connection of power supply from MERALCO and water supply from MANILA WATER or MAYNILAD.
2. Fifteen percent (15%) down payment of the PROJECT contract amount which represents as mobilization will be released by the OWNER to the MAIN CONTRACTOR. The remaining amount of which will be released through progress billing every 30 th of the month.
3. That a surety bond/ guarantee bond must be issued for the project and will be at the cost of the MAIN CONTRACTOR.
4. The Construction, Rehabilitation, Repair and Rectification schedule will take effect immediately upon signing of this agreement and release of the mobilization. That the said PROJECT has an estimated completion of twelve (12) months.
5. The MAIN CONTRACTOR shall be responsible for the loading and unloading of all materials needed for this project, providing all necessary safety measures for staff, workers and materials at the project site and safety of all workers both in the interior and exterior areas of the building including the safety of the passing pedestrians and motorists.
6. In the event that the OWNER had comments as to the rectification works, The MAIN CONTRACTOR will do the work in consideration at no cost.
7. Any dispute or controversy in any matter between parties regarding the agreement shall be settled by arbitration in accordance with Republic Act No.876 or as may be amended. Any litigation between the parties involving the agreement shall be based on the arbitration award. And be brought before the proper courts of Jurisdiction of the City of Manila.
8. This Agreement shall bind only if approved and signed by the PARTIES in good faith.
9. All provisions of law applicable to the contract, including but not limited to the Philippine National Building code, Electrical, Plumbing, Sanitary ND Fire code and all under regulations related under Philippine Laws are deemed in this Agreement.
IN WITNESS WHEREOF, the PARTIES have herein signed this Contract this ___ day of _______, ________ in _____________, Philippines.
______________________ ____________________
by: by:
______________ __________________ President General Manager
At the above stated locality on _____________ before me personally appeared:
Name
VALID ID Date/Place Issued New PPI Corporation
Augusto H. Baculio TIN President
Royal Trust Construction
TIN
Haydee M. Badillo
General Manager
known to me to be the same persons who executed the foregoing instrument and acknowledged the same to be their free and voluntary act and deed as well as that of the entities they represented.
This instrument refers to a Construction/Design/Management Agreement consisting of _____ ( ___ ) pages including the Annexes and this page wherein this Acknowledgment is written, signed by the parties and the witnesses on the signature page hereof, initialed on the other pages and sealed with my notarial seal.
Doc. No.: _________ Page No.: _________ Book No.: _________ Series of 2014