|} MEMORANDUM OF AGREEMENT KNOW ALL MEN BY THESE PRESENTS: This CONTRACT made and executed this 6th day of JANUARY in 2019, by and between: ~~ BRYSAR BUILDERS, INC. with postal address at 60 DON MANUEL AGREGADO STREET, BRGY. SALVACION, QUEZON) CITY hereinafter referred to as the GENERAL CONTRACTOR represented by ENGR. BRYAN PAUL Y. RIVERA; and EZ BUILDERS & MARKETING INC, a company duly organized under Philippine laws and registered with the Department of Tradle Industries, with office address at 113 GEN. ORDONEZ STREET, MARIKINA HEIGHTS, MARIKINA CITY, represented by MR. EDWIN SC ZARBUELA and DRC DREAMS BUILDERS AND CONSTRUCTION INC., 2 corporation duly organized and existing under the laws of the Philippines with principal office address at 2F Lot 7-1] General Ordofiez St., Marikina Heights, Marikina City. represented by its PresidentCEO, MA. FLORITA T. DIMALANTA, both hereinafter referred to as SUBCONTRACTOR. WITNESSETH : WHEREAS, the GENERAL CONTRACTOR was awarded a) contract from DPWH for the CONSTRUCTION of the REHABILITATION IMPROVEMENT OF EDSA NORTH BOUND FROM KM29+400 ta KM23+300 and EDSA SOUTH BOUMD FROM KM25+300 10 KM29+400 (INTERMITTENT SECTION), MAKATI CITY METRO MANILA, located at MAKATI CITY here-in referred to as the PROJECT. WHEREAS, the GENERAL CONTRACTOR after evaluating the bids, has determined that the SUBCONTRACTOR has submitted the most advantageous proposal for undertaking the PROJECT. WHEREAS, the SUBCONTRACTOR having represented and warranted itself to possess the necessary expertise, experience, manpower, technical and financial resources as well as the management and supervisory capabilities to undertake the PROJECT, has manifested its intention to complete all aspects of the PROJECT for the GENERAL CONTRACTOR under the terms and conditions as may mutually agreed upon by both parties. WHEREAS, on the basis of such manifestation and representation made by the SUBCONTRACTOR to the GENERAL CONTRACTOR, the latter cognizant of the former's competence as a reliable contractor with a 00d track record as has been established during the pre-qualification and contract negotiation stages, has agreed to engage the services of the SUBCONTRACTOR to undertake the all aspects of the PROJECT subject to terms and conditions hereinafter set forth; NOW THEREFORE, for and in consideration of the foregoing premises, and the mutual covenants and stipulations herein set forth, the parties hereto have agreed and do hereby mutually agreed as follows: ARTICLET CONTRACT DOCUMENTS 0.0 Documents needed for the PROECTS that may be mutually agreed upon by and between the GENERAL CONTRACTOR and the SUBCONTRACTOR and signed by both of them, whether prepared before or after the signing of the foregoing documents, shall likewise form part of the Contract Documents. Page 1 of 62. » | ARTICLE I | SCOPE OF WORK, WARRANTIES AND RESPONSIBILITIES OF THE CONTRACTOR SUBCONTRACTOR shall likewise be responsible for the following: | Constmction of temporary facilities such as offices, bunkhoyses and warehouse for the storage of construction materials needed for the execution of its work. The said facilities shall be provided and be made usable for the whole course of the construction duration. Maintain the general cleanliness and sanitation of the site and undertake cleaning of site and removal of construction debris during the entire contract period resulting from its work. After the final completion but before acceptance of the work and final settlement had been made between the parties, the SUBCONTRACTOR shall forthwith remove all surplus materials, apparatus, machinery, tools and equipment not part of the work finished or supplied by its work and leave the work free and clean of all obstructions and hindrance: 7 SUBCONTRACTOR shall employ sufficient number of men; and jat all times maintain an adequate supply of tools, materials and equipment to carry ont the various phases of the work in accordance with the agreed program of work subject to any exceptions which may be mutually agreed upon in writing by both parties. _/ The SUBCONTRACTOR shall diligently supervise the construction until completion and it shall assign a Project Manager/Engineet who will make a daily monitorial visit of the Project to ensure proper work and schedule implementation, and a one (1) fall-time competent Civil Engineer who shall act as Project Supervisor. In addition, the SUBCONTRACTOR shall also employ a competent general foreman on a full-time duly to supervise the workmen under this Contract with the assistance of lead men. The GENERAL CONTRACTOR reserves the right to reject for reasonable causes any person or persons employed by the for the construction work and to exercise such right shall not in any way relieve the SUBCONTRACTOR of its responsibility to fulfill its undertakings The GENERAL CONTRACTOR shall handle the PROJECT MANAGEMENT responsibility. Any transmittal, communication, variation of work, site condition, progress reports and progress billing shall be coursed by the SUBCONTRACTOR to the GENERAL CONTRACTOR 7 The GENERAL CONTRACTOR shall during the term of this Contract coordinate with the work of the other tradesmen or specialty contractors of the other Construction Packages in addition to its own but shall not supervise work of the other trade contractors. @ In case of any defeet(s) on workmanship or materials which may be apparent in the course of the construction, the SUBCONTRACTOR upon the request of the GENERAL CONTRACTOR, shall at its ‘own expenses, tear down and replace such portion of the work done and/or materials installed that, as in the OWNER'S reasonable opinion, unsound are or defective, without prejudice to the provision 8,0 of is Article. ‘The SUBCONTRACTOR guarantees that any damages resulting from such defects shall be comected without expenses to the GENERAL CONTRACTOR. If the SUBCONTRACTOR fails to correct or repair the defects within fourteen (14) calendar days from the receipt of written notice thereof from DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, the GENERAL CONTRACTOR may have the work or repair done by another contractor at the expense of the SUBCONTRACTOR, this shall be answered by the retention money or Guarantee Bond submitted by the SUBCONTRACTOR. ‘The SUBCONTRACTOR shall be responsible for any damages to, and for the necessary repair of public streets, sidewalks, curbs and pavements, developments by other contractors and other properties, whether public or private, occasioned by their use or opening in connection with or as a consequence of Page 2 of 6 athe PROJECT that are attributable to the SUBCONTRACTOR; shall make good the same to the lawful satisfaction of the proper authority of party; and thereby holds the GENERAL CONTRACTOR free and harmless from any such damage or repair. 8. The SUBCONTRACTOR shall put up and maintain adequate protection of its entire works from damages and shall protect the property and equipment whether owned or rented by the GENERAL CONTRACTOR 9. _. The SUBCONTRACTOR represents that it had and shall maintain throughout the period of this contract, adequate capitalization, financial capability technical know-how and manpower to undertake and complete the PROJECT. GENERNL CONTRACTOR ? | 10. The SUBCONTRACTOR ‘warrants that if shall obtain any and all clearances and approvals other than permits, from the proper authorities in accordance with its undertaking, if necessary or required with the assistance the of DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS. of the IL The SUBCONTRACTOR shall provide everything necessary of appropriate towards the proper snmnieotion w/ Accomplishment and completion of the PROJECT according to tile true intent and meaning of the Ww douid ve drawings, plans and specifications and other documents taken together, whether the same may or may ai con! reappeietif Be Particularly shown on the drawings or described in the specifications; provided that, the same is soon! reperve afetsonably inferred therefrom. If the SUBCONTRACTOR finds any discrepancy in the drawings or » tween the drawings and specifications, the SUBCONTRACTOR shall immediately refer the same to eégary doce freshke DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS who shall finally decide on what shall win should bet ed. It is understood that the SUBCONTRACTOR anticipated such discrepancies in the plans, wepeort * © specifications and actual condition, during the bidding and before the awarding ofthe contact. 12, The SUBCONTRACTOR hereby recognizes the position of trust and confidence repased on it by the * GENERAL CONTRACTOR under this contract and agrees to furish its best skill and judgment to cooperate with any DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS’ authorized representatives in finthering efficient business administration and superintendence in the performance of this construction and to secure the execution of this contract in the soundest way, in the most expeditious ‘md economical manner, consistent with the interest of the GENERAL CONTRACTOR. Ged con 13. The shall, at his own expense, secure the necessary permits from proper goverment authorities 14. _. The SUBCONTRACTOR shall pay all lawful fees including sidewalk or roadway utilization fees, and for all the damages for sidewalks, streets, any public utilities or properties if necessary. Get carl - Suecon doesn't have ony troncaction w«/ DPW. This is @EHCOM ard 15. The SUBCO? shall secure all certificates of inspection or testing that, may be required by SY¥®CN authorities having jurisdiction over the work. ‘egreemem of} 16, _» The SUBCONTRACTOR shall be responsible for the construction of billboard of the project subject to approval. V7. the SUBCONTRACTOR shall be responsible for the implementation or provision of the following at his expense: a Testing of materials b. ~ Warehousing of furnished materials intended for the Project ©. 7 Provision of asphalt coatings, concrete and soil aggregates necessary for the Project 4. Mobilization of necessary equipment. Page 3 of 6