RIGARDO L. CACHUELA CONTRACT FOR THE SUPPLY OF LABOR AND MATERIALS, DELIVERY, CONSTRUCTION/ INSTALLATION AND COMMISSIONING OF IMPROVISED ‘TRAMLINE SYSTEM KNOW ALL MEN BY THESE PRESENTS: This contract made and entered into this day of 21 FEO _20#012 in the Science City of Muifoz, Nueva Esia, Philiopines by and between, The PHILIPPINE CENTER FOR POSTHARVEST DEVELOPMENT AND MECHANIZATION a government agency created pursuant to PD 1380 as amended with office address at CLSU Compound, Maharlika Road, Science City of Mufoz, Nueva Ecija represented by the Director IV, RICARDO L. CACHUELA hereinafter referred to as the ENTITY. -AND- The CONSTRUCTORS’ DEVELOPMENT MULTIPURPOSE COOPERATIVE (CDMPC), a private corporation established pursuant to existing laws with business address at Kidapawan City, North Cotabato, represented by its Project Engineer, ENGR. ALEX B. GAMUTAN, and hereinafter referred to as the CONTRACTOR. WITNESSETH Whereas, Request for Sealed Bids for the above-cited project were sent to all known reputable CONTRACTORS: Whereas, per DA-PHilMech SAC Resolution No. 12-01-01 dated 11 January 2012, CONSTRUCTORS? DEVELOPMENT MULTI-PURPOSE COOPERATIVE (CDMPC) bid was determined to be the lowest calculated and responsive bid; NOW THEREFORE, for and in consideration of the foregoing, the parties hereto agree as follows: 1. The CONTRACTOR shail undertake the Supply of Labor and Materials, Delivery, ‘Construstion/ Installation and Commissioning of Improvised Tramline System with the following technical spectfications: __ SPECIFICATIONS CDMPC. Supply of Material and Lebor, Delivery, Construction/Installation and Commissioning of PhP 319,000.00 Improvised Traraline System Prime Mover Assembly ~ Cable rive Sneave Drive sheave base anda Track Cable and Accessories | + 11Smeters, 4” diameter Slue Strand, 8x19 WRC, SEALE Cable, IPS,grade 180 gleam, Right Hand 9/4" U-Belt cable clip Carriage Assembiy 7.5m x 1m fabricated 2arrlage assembly properly coated with primer and paint, 6 roller, heavy dury Ralior asse-nbly wit acs Traction Cable and Acessories 3/8" diameter Biuo Strand, 6x19 WRC SEALE Cable, IPS,grade 180 kgimm2, 10° dia.heavy duty pulley,Waterial. 1045 to0i steel Casted quenched and tempered = 318" U-Bot cable clip | 3/8" Thimble | Swivel Other accessories | Drive Sheave i 28, Steel plates, Angular bars, Paints and other accessories‘ARNEL RANIA M. APAGA of er 8. GAMUTAN paca Y 7] 2. Performance Security. To guarantee the CONTRACTOR’s faithful performance of the contract obligations, he shall post in favor of the ENTITY and within ten (10) calendar days from the signing of the contract, a performance security in accordance with the following form and amount: Form Minimum amount in % of Total Contract Price Cash, cashier's check, manager's check issued by a Universal or Commercial Bank 5% Bank draft/quarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it ‘shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by foreign bank Surety Bond callable upon demand issued by a surety or insurance company duly certified 30% by the Authorized to issue such security ‘The Performance Security shall guarantee the payment of the amount of the security as penalty in the event it is established that the winning bidder is in default ‘on any of its obligations under the contract. 3. CONTRACTOR shall be responsible for the source/s of _ his supplies/materials/equipment shall make deliveries in accordance with schedule, quality and specifications of the award and job order. Failure by the CONTRACTOR to comply with the same shall be ground for cancellation of these award and Job order issued to that and for re-awarding the items to the ALTERNATE CONTRACTOR 4, CONTRACTOR shall pick up the Notice of Award/job order issued in his favor within three (3) days after receipt of notice to that effect. A telephone call or fax transmission shall constitute an official notice to the CONTRACTOR. Thereafter, if the job order(s) remain unclaimed, the said job order shall be sent by messengerial service to the CONTRACTOR at the latter’s expense. To avoid delay in the delivery of the requesting agency's requirement, all DEFAULTING CONTRACTOR shall be precluded from proposing or submitting a substitute sample. 5. Delivery period. The tramiine system shall be delivered, installed, commissioned, tested and evaluated within Ten (10) calendar days In Baungon, Bukidnon from receipt of Notice to Proceed. 6. Delivery Site. The tramiine system shall be delivered installed, commissioned, tested and evaluated at the following site: Unit Site Improvised Tramline System Baungon, Bukidnon 7. Tramline system shall be subject to inspection and acceptance by the ENTITY. All necessary tests undertaken by the ENTITY on the item(s) shall be for the account of the CONTRACTOR. 8. The contract amount shall be Three Hundred Nineteen Thousand Pesos and 00/100 Only (Php 319,000.00) for Supply of Labor and Materials, Delivery Construction/ Installation and Commissioning of Improvised Tramline System, minus(A REYNAILDD F. CONC! ‘ARVEL RAI 1UTAN = TL CACHUELA VY VY government taxes and liquidated damages, if any. The contractor shall be paid upon delivery on the unit after it has been inspected, tested and finally accepted by the ENTITY, and upon submission of the receipts/original invoice and warranty cottificates covering the whole project. 9. Payment shall be made either at the PHiIMech Main Office in the Science City of Murioz, Nueva Ecija or at its Liaison Office in Quezon City and shall be subject to government accounting and auditing rules and regulations. 10. Liquidated Damages. When the CONTRACTOR fails to complete the project hereof within the specified period, inclusive of duly granted time extensions, if any, the CONTRACTOR shall be liable for damages for the delay and shall pay the amount of the liquidated damages shall be at least equal to one-tenth of one percent (0.1%) of the cost of the unperformed portion for every day of delay. Once the cumulative amount of liquidated damages reaches ten percent (10%) of the amount of the contract, the procuring entity shall rescind the contract, without prejudice to other courses of action and remedies open to it. The ENTITY need not prove that it has incurred actual damages to be entitled to liquidated damages. Such amount shall be deducted from any money due or which may become due to the CONTRACTOR, or collected from any securities or warranties posted by the CONTRACTOR, whichever is convenient to the ENTITY. 11.Rejected tramiine system shall be construed as non-performance of works so ordered and shall be subject to liquidated damages. 12. CONTRACTOR shall guarantee his tramline system to be free from defects. Any defective work/item/product therefore that may be discovered by the ENTITY during the warranty period shall be replaced by the CONTRACTOR within seven (7) calendar days upon receipt of a written notice to that effect. 13.Warranty. In order to assure that project and other defects shall be corrected by the contract awardee, a warranty shall be required from the successful bidder for a period of one year. The obligation for the warranty shall be covered by a retention money equivalent to 10% of the contract amount which shall be released upon the expiration of the warranty period or posting of a special bank guarantee in the same amount, provided that the works are free from patent and latent defects. 14.All duties, excise and other taxes and revenue charges, if any, shall be for the CONTRACTOR’s account. 45.Contract Documents. The Request for Sealed Bids, the Bid Proposal, Technical Specifications, the CONTRACTOR’s Bond, and pertinent government rules and regulations, shall form an integral part of this CONTRACT; except as otherwise modified herein by mutual agreement of both parties. 16.Risk of Loss. Any loss, damage, injury to the ENTITY property or staff in the performance of the works shall be for the sole lability of the said CONTRACTOR. 17.Warranty Against Offering or Paying Commission. The CONTRACTOR hereby ‘warrants that he or his representative has not offered or paid, directly or indirectly, any government officer and/or ENTITY’s official or employee any consideration or commission for the CONTRACT nor he or his representative exerted or utilized any corrupt or unlawful influence to secure or solicit this CONTRACT for any consideration or commission for the CONTRACT; that the CONTRACTOR will not subcontract any portion or portions of the scope of work of the CONTRACT awarded to him to any official or employee of the DA or of ENTITY and to the relatives within the third degree of consanguinity or affinity of said officials or employees who are directly or indirectly involved in contract awards or project prosecution; and that if any commission is paid to any public official employee, he shall disclose the name of said person and the amount being paid; that any violation of this Warranty shall constitute a sufficient ground for the rescission or cancellationY US of this CONTRACT or the reduction from the contract price of the consideration or commission paid without prejudice to the filing of civil or criminal action under the Anti-Graft Law and other applicable laws against the CONTRACTOR and/or his representative and the ENTITY’s officials and employees. 18. Venue of Actions. Any controversy arising out of or relating to this CONTRACT shall bbe settled in accordance with the laws of the Philippines shall be filed within the jurisdiction of the Courts of Law nearest to Science City of Mufioz, Nueva Ecija. IN WITNESS WHEREOF, the parties have hereunto set their hands on the date and place first above-written. PHILIPPINE CENTER FOR CONSTRUCTORS’ DEVELOPMENT POSTHARVEST MULTI-PURPOSE COOPERATIVE. DEVELOPMENT AND. (CDMPC) MECHANIZATION (PHIIMech) By: RICARDO L. CACHUELA ALEWA. GBMUTAN Director IV i. Project Engineer Signed in the presence of: ARNE]. RAMIF M. APAGA REYN, Chairperson, BAC FUNDS AVAILABLE: 4G - BAI - Jp--0}- 04 PIS wo 319, AACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES. Municipality/City of SCIENCE CTY OF a0) Province of — BEFORE ME, this day of 21 FEB 2 ote in the s015 Philippines, Personally appeared: RICARDO L. CACHUELA, in his capacity as Director IV of the PHilMech with CTC No. 35633155, issued at Talavera, Nueva Eciia on January 9, 2012, AND Avex GAMUT, . in his capacity as PROJECT RGR of Compe with CTC No. 0603420, issued at DAVAO C\TF on, , 2012 known to me to be the same persons who executed the foregoing instrument and they acknowledge to me that the same is their voluntary act and deed and of the agencies they represent This instrument, consisting of five (6) pages, including the page on which this acknowledgment is varitten, has been signed by the parties hereto and their witnesses, and sealed with my notarial seal. IN WITNESS WHEREOF, | have hereunto set my hand, the day, year and place above written. Notary Public Unti! Dec, 31, 2072 pra au.) bal SCIENCE Cli 2, NUEVA ECA Issued at i a SPO On Doe. No. Page No. 4 Book No. Si of 2012