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    36 views16 pages

    Maharlika Conttrat PDF

    Uploaded by

    crete master

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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Plumbing, Fire Protection, Equipment Supply and Istaletion, and entiation works components of the Project In accordance wit the prescribed plas ond spocfications and as diectes by the Contact Documents, exept as otherwise stilted ‘The CONTRACTOR’ basi sapes of work shal be that which ae reflected In AnnexC hereof ntti Agreed Contract Work Breakdown. The quantities and nit pics of work tems sted in [AnnerC are shown therein ony forthe purpose of facitting the evaluation of periodic work accomplshment for computing progress payments. Hence, any variances between these ‘quantities andthe actual quantities of work, and between these unt pices andthe actual cost ofthe reepectve work items shall not fect or ake the lump-sum contac price spulated Drie V bers CONTRACTOR shall kewis be responsible forthe following: 2) Construction of temporary fects such as offices, buniiouses end warehouse for the storage of construction materials neded forthe execution of ts work Aseparate office for the use ofthe Owner/Constuction Manager/Arcitect shall be Inude, wth provision of Adequate water supply and tlle. Construction of temporary fence to slate the onstruction ste from the area of busines of the Owner The said fetes shall be provides and be made uae fr th whole core ofthe construction duration. As agreed, Site ofies shall be designed constructed with the intention of leaving them permanenty and in good cordon for future use forthe CIENT afte turnover ofthe PROIECT. The sid facts shall be implemented with peony and be completed belore the commencement ofthe excavation works (Provide Plan of Teme. Main the general cleanliness and sanitation of the site and undertake larng of ste and emoval of construction debris during the entre contrat period resting fom ts work ‘After the final completion but before aceptance ofthe work and fal settlement ha been ‘made between the partes, the CONTRACTOR shill forthwith remove all urlue materials, seafeldings, apparatus, machinery, tols and equipment not part ofthe work furnished or supplied by ts work and leave th work fee and dean ofalobstuctions snd hindrances. CONTRACTOR shal employ suficient numberof men atl times, maintain an adequate supply of tool, materials and equipment to cary out the various phases ofthe workin acordance wit the agreed program of work subject any exceptions which maybe muluay agreed upon Inti by both partis ‘The CONTRACTOR shal digerty supervise the construction nti completion and thal ‘signa its ow Project Manager who wll ake ada monitor vt ofthe Projet to ensure broper work an schedule implementation anda ful time competent Chil Engineer who shall 4c 2s Project Supervisor. In ation, the CONTRACTOR shall alo employ a competent general Construcion Foreman on full-time to, duly, supervise the workmen under this Contract. The \ X i i % he ‘OWNER, ARCHITECT, andthe PROJECT MANAGER reserves the fight to reject for reasonable ‘luses any person oF persons employed by the CONTRACTOR forthe constuction work and he ‘omission ofthe OWNER to exercise such ght shall notin any way eleve the CONTRACTOR of Re esponsbity to ull Rs ndertkings. In case of any defects) on worlanchip or materia which may be apparent inthe course of ‘the construction, the CONTRACTOR, upen the reqest of the OWNER/ARCATECT/EROIECT MANAGER, shall atts own expense, tear down and replace such portion of the work done and/or materi Intl tat inthe OWNERS reaconable opinion, are unsound oF defective, without prejudice to provsion of his Ati. [Al materials ond workmanship shal be ofthe respective kinds described inthe specications, ‘and the CONTRACTOR, shall upon the request of the OWNER, the ARCHITECT, and the PROJECT MANAGER, furnish him with brochures and supporting documents to prove tht the ‘ualy of the materials ae such as specied. The CONTRACTOR hereby warrants afd {uerenees that a motel i wil supply under this Contract are new, authent, kee from ‘efets and shal uly comply in every respect with the specications, approved samples and other requirements ofthe Contract Docoments, The CONTRACTOR shal not substitute any ‘material thet i required to be furnished under this Contract unless written approval fs fst ‘btalned fom the OWNER and the ARCHITECT. The CONTRACTOR guarantecs that any damages resulting from such defect shal be corrected without expenses to the OWNCR. If the CONTRACTOR fas to act and/or respond to the reported non-conformance ofthe work as sipulate Inthe contract scope within Seven (7) Calendar days trom the receipt of writen notice thereof from the OWNER or the PROIECT MANAGER, the OWNER or the PROJECT MANAGER may have the work or repair done by ‘another contractor at the expense of CONTRACTOR or with expenses calctive from the Retention Money ofthe CONTRACTOR. ‘The CONTRACTOR shall poy al awful foes including sidewalk or roadway wtlaton fees ond sal be responsible for any and al damages to, and forthe necessary repair of publ street, sidewelks, carbs and pavements, developments by other contractors and other properties, whether public or peat, ocasioned by ther use or opening in connection with or as & Consequence of the PROIECT that are atibutabe to the CONTRACTOR shall make good the ‘same o the lal eatetaton ofthe proper suthory of party, an hereby holds the OWNER free and harmless from any such damage or repal The CONTRACTOR shal put up and maintain adequate protection of alts works from damages and shall pretect the property and equipment whether oumed or reed by the OWNER, a wll sal materials furished and delivered to Ie by the OWNER, fom inry of lots arising in onnection wth tis Contract unt final acceptance ofthe PROJECT by the OWNER, ‘The CONTRACTOR represents that It had and shall msntain throughout the pevod of thi Contract, adequate capitalization, financial czpabiy, technical know-how ang manpower to Undertake ard complete the PROECT. ‘The CONTRACTOR warants that t dhl have obtained any and allclearences and approvals ther han permits frm the proper auhodties in accordance with ts underline, necessary ‘or required Any legal ees which shal be due toloal and/or ational government on account ‘ofthe performance and completion ofthe work stipulated herein, shal be pai bythe OWNER. ‘The CONTRACTOR shall provide everything. necessary ot appropriate towards the proper accomplishment and competon ofthe PROJECT according to the tue intent snd meaning of fl ~ mp eT, Ll te -§ the drawings plans and specications and other Contract Documents taken together, whether the same may or may not be particularly shown on the drawings or detrbed in the specications; provided that, the same is reasorabiy inferted, thereto. the CONTRACTOR finds any dacrepancy in the drawings or between the drawings and. specications, he CONTRACTOR shal immadlatoly reer te sre tothe ARCHITECT tru the PROJECT MANAGER ‘wo shal finally decide on what shal be followed. It le understood that such escrepancy in the plan, specications and actual condition were anticipated by the contractor during the Bidding and before the awarding of the contrac, Al vague tems or details which ae confietng which were not dared by the CONTRACTOR before the award of the contac, shall be ‘considered incded inthe allowances ofthe CONTRACTOR, In eat of confiting deta, the etal with a much higher cost all preva 45. The CONTRACTOR hereby recognizes the postion of rst and confidence repored on bythe ‘OWNER under his Contract and agrees to frit its bes sil nd judgment to operat with any of the OWNER’ authorized representatives in furthering efficent busines admintration and superintendence inthe pecformance ofthis construction and to secure the execution ofthis Contract inthe soundest way inthe mast expeditious and economical manner, and constant with the interest the OWNER, 426, The CONTRACTOR shall secure al ceriiats of inspection or tsting that may be required by authors having jureiction over the work 17, The CONTRACTOR shall equiee the presence of a representative from ther sub-contractors ‘every weekly construction coordination meeting Penatesshal be imposed for lt, absent ard non-compliance of commitments, The amount of penates shal be agreed upon daring the fist seetng 46, The CONTRACTOR shall be rerponsibe forthe Implementation ar provision ofthe folowing a isexpense: 8) Testing of Materials by Goo Anais or equivalent 1b) Warehousing of OWNER furnished materials and equipment Intended forthe PROIECT ) Cont Breakdown wth detaledquantiation and nit pices based upon agreed mp 4) Submission ofr char withs-curve €} Submission of as Bult Plans and necessary cetcates 4) Provision of colored uniforms fo al of ts workers while at the ob She {8} To provide ane comply withthe necessary constuction occupational safety and health requirements set forth by she Deparment of Labor and Employment (DOLE) which Include, but not ited to, proiion of Engineering contro or public safety within and around the project ste, esgnment of Accredited Safety Personnel at all times whenever there is work beng done, aswel as Personal Protective Equipment (PEs) for ‘il personnel that willbe entering the project ste, No dking ofintxeating beverages and no prohibited drugs shall be allowed athe Jobst, |} Nosmoking gambling urnating ond ghting willbe allowed at the jobsite " agri ‘THE RIGHTS AND RESPONSIBILITIES OF THE OWNER 4. The OWNER shall have the right to supply the CONTRACTOR with addtional drawings, Inetactone and documents as may dam nacetsary for proper and adequate presection of the Architectural, Cil/Sructral, ste Development, Mechanical, Electra. Plumbing, Fre Protection, Eaulpment Supply and Instalation, and Ventilation works components of the PROJECT. Should addtional costs be entallod thereby, however, the CONTRACTOR shall be compensated scoring 2. The OWNER may rescind, terminate or cancel the Contract without Incuring any Hablity whatsoever tothe CONTRACTOR, his bondsren, employees, or third parties by ging Tity (G0) days nace in writing tothe CONTRACTOR upon any ofthe following grounds, 8) The OWNER discovers that the CONTRACTOR (1) has wilted oF is visting any of the anton ofthe Contractor sny Contract Documents, or of CONTRACTOR s warranties: (2) has abandoned the PROJECT or, without the prot wen consent of the OWNER, has signed the execution ofthe PROJECT to others; (3) i not performing his obligations of ‘ceiting the PROAECT In good faith, on aecordance with the plans and speciation; (8) Is not making such progress in the execution ofthe work so as to ensures competion ‘thin the period plated or (5) ha sown Rimelf incapable of ding or competent tea dothe PROMECT, p “The OWNER decides to suspend or dcontinue the execiton of the workstte, described, ‘or provided forin the Contract by reason of problems encountered by the OWNER whatever ‘may be the cause. In sucha cate the CONTRACTOR shall be ented to de compensition for work secompliched upto the time the contrac Is rescinded plus the cost of materials detvered a se. When the CONTRACTOR fl to provide 2 qualified superintendent, competent workmen, ‘or subcontractrs or proper materia or 4) When the CONTRACTOR fs to mate prompt payment to subeonactos, ‘workmen or materials desler that utes undue ely tothe progress of the projec. Inany ofthe above cases, the OWNER shall first lve the CONTRACTOR Fiten (25) dys writen note incating the volaton and demanding corection/remedy, thereat. 4. In case of resesion/eancelaion/termination of Contract, the OWNER may retin all amounts 44 the CONTRACTOR fr approved billgs and the retenion money and apply them to the payment of ail damages sustained bythe CONTRACTOR tothe OWNER, ules the rescislon ‘wos based on 28) above. 44 The OWNER shall exercise the right to approve the mates ond workmanship of the {CONTRACTOR and require the latter that only materials conforming tothe spedeaions and ‘aulpment complying wit the required standards of gusty s deta inthe specieatons be Used In the work and to reac the whieh do not conform thereto or which are defective, “Toward tis end, the CONTRACTOR is biged to unish for approval by the OWNER, samples of mates for examination and esting ‘The OWNER shal have the right to inspect the work, upon prior ntice during reasonable hous, being done by the CONTRACTOR to ensure thatthe tid work fe being done properly In accordance with the prescribed plans and specication. Work tat wil be eovered before is dane, shoul be up for inspection and work covered without such inspection, may be ordered Uncovered at the CONTRACTOR’: experse, Work found pot ta have been done correty maybe fendered and ordered redone. I the inspecon later should show that the work ir not correctly done the CONTRACTOR shal poy forthe cost of removal and reconstruction. ‘The OWNER can exercise hi right to change his mind by ordering changes inthe CONTRACTOR'= scope of werk through alterations, dations, or deletions af some items of work which the ‘OWNER feals would Sere his best interest. However ifthe changes ental cost increase oF ecrease, corresponding ost and time aastments shale made. ‘The OWNER is entitle to indemnity from the CONTRACTOR for al losses and all claims, demands, suits, alos, recoveries, and judgment of every nature and description brought oF recovered against him, by reason of any actor omision ofthe CONTRACTOR, hi agents Or ‘employees, nthe exection ofthe work or guarding of agnciew ‘CONTRACT PRICE AND MANNER OF PAYMENT 1 For and in consideration ofthe full ath and compete performance ofthe works called for under tis Agreement, the OWNER shall pay the CONTRACTOR the lamp sum amount of FOUR HUNDRED EIGHTY MILLION PESOS (Php 480,000,00.00} ONL. However al tems Inthe bid plans povided by the ARCHITECT nthe preparation of the bid propose not mentioned er specfed a5 “Excluded” are understood “ncuded” whether misted or computed ‘wrong inthe Proposal except the agreed excluded works Below: i 2) Atwood Cen Wo . 3) Macial as 2. The above Contract Price shall not be subjected to escalation due to any fluctuations inthe prices of materia equipment, and minimum wage. Allcosts and expenses over and above the ‘agreed Contac Price shal befor and the sole acount of he CONTRACTOR. eel '3. The OWNER shall pay the CONTRACTOR the down payment Inthe amount of FOURTY EIGKT ‘MiLION Pe305 (Ph 48,000.00) rerecenting Ten (0% ofthe toa contact amount. g ‘The sed amount stall be pai bythe Owner onthe folowing Wanches |. Php 5, 000,000.00 upon signing of contract | 5%less 5, 00.00.00 upon scaring buting pect (Php 19,00,000.00) 1, S§one month ater securing bln perma (Pp24,00,00.00) Garde’ ‘4 The OWNER shall py the CONTRACTOR the balance ofthe Contract Pie trough monthly progress bling based on the periodic actual work accomplished by the CONTRACTOR at tlusted and per Certeate of Payment carted and duly endrsed for approval by the Project Manager and the Architect, payable within Seventy-five (75) working days ater receipt ofthe bing bythe Project Manager. Evaluation ofthe bling shal be fourteen (14) woking ays forthe Project Manoger& Architect an soven (7) dys forthe nero approve. Sp ‘The fst monthly regress bing shall be submited only efter the Fourth (4%) month of constuction fom Day Ol, at well at a minimum of 30% (tity percent) of work has been accomplished. The aforssi bigs stl be subjected oa pro-ata deduction of liquidation of the down payment and Ten Percent (10%) retention. The Ten Percent (0%) etenton shall be ‘eleased Thee Hundred Sint Six (66 days) after nal aceptance of the projet and upon Submission of original Suing, lec, Sentry, and Oceupancy Permit, Fe, Safety Inspection Cerfiate (FSC), Ae-bulk las, and other necessary doromentation and to be replaced by the Guarantee Bond, 5. Ifthe OWNER fils to pa the bling beyond ninety (90) calendar days, the CONTRACTOR may charge legal lnterest of hve percent (8) per annum for every ely inthe payment, agnciey (CONTRACT PRICE ADIUSTIENT 4 The OWNER may, without invalidating this Agreement, onder a any mein wn, aditons ‘work aeration by correcting, altering, oF deducing from the work tobe undertaken by the ‘CONTRACTOR. Al such work shall ba evdenced by Change Order forms signe bythe OWNER. {and shallbe executed under the conditions hereof and ofthe CONTRACT COCUMENTS, 2. Noclans of adtions or deductions tothe Contract rice hereln stipulated by a reason of ext \workor atteration shal be valid unless ordered in wring by the OWNER / ARCHITECT end duly signed. The value of any entre work or aterations shal be separately agreed pony the ares in wting 3. Should the OWNER require the CONTRACTOR to perform addtional and/or extra work or to omit or reduce any work, the cost of additional andor omited or reduced work shall be computed based on aval accomplishment and agreed unit pies 1 applicable, the following procedure shall be considered inthe evahation of adtive and/or sesucve works: {2} Should the CONTRACTOR be required to perform workover and above the Scope of Work 35 described herain, that extra peymens shall be based onthe unit cor of materia and [aborinehcve of markop bated on the nagtisted bid cost. Mthe atonal materials are notin the cost breakdown ofthe negotiated bid cost, piss ineuive of mak-up shall be based onthe prevallng mackt prices a the time the Change Order is made bythe Owner 9 Should the CONTRACTOR be ordered to oml/delete work requiced by the Contract Documents the CONTRACTOR shall creditin favor ofthe OWNER payments made based on ‘he unl cost of materials and labor indushe of mark-up based onthe negotiated bid cost. Nowever, ithe order of emission involves undertaken work which needs tobe undone, the (OWNER shal pay the CONTRACTOR the corresponding labor and rate for doing and undcing activites. n case wherein deletion of work Isobe done, the CONTRACTOR shall requir an attendance fee amounting to three percent (3%) of the total amount of the eleted works. ‘Any vale of Change Orders approved shallbe considered as pat ofthe Contract andto be Incuded inthe progres bilings. ‘Al aditionl works should be accompanied by written approval of cost and ine extension ftom all artes concerned (Owner/Arcitec/Proect Manager) ror to implementation. nthe cose of adltional concreting wor, Notice to Proceed sued by the Owner and/or his Buthoried representative shalb accepted. Alladtional works shal be subjected to progress biting CONTRACT TIME Sires ime is of essence in this Contact the Works called for herein shall be completed up to 8 ‘maxim of VE HUNDRED TEN (510) CALENDAR DAYS including egal holidays, reckoned from ‘the completion and acquistion of Building Permits bythe ofce of San Pablo Bung Oficial ‘35 agreed upon by both partes tobe elected inthe Minutes ofthe Cooetination Meeting Falure of the CONTRACTOR to complete the slé werkswithia the stipulated time fame shal ‘make hie able forthe payment of fauiated damages ‘the occurence of events of fore mojeute, or ats of God which incide earthquakes, ods, ‘typhoons, eyones,revolton, war, dal wave, and other cetcyamie phenomena which ae beyond the contol of the CONTRACTOR; oF should delay in work Be incured by actor delay of the OWNER, the ARCHITECT/PROIECT MANAGER or other persons employed by the OWNER I ‘The CONTRACTOR may request from the OWNER for an extension of the Contact Time in 1 Fi] incase del nthe delery of OMNER-Fumshed mater, scan! serine ‘ork approved and ordered by the OWNER which gent affect the eal path sched 3 = recommended by the Projet Mange, end dln progss pent ‘This request for extension sll be fled and submited in wring by the CONTRACTOR within Fite (15) calendar day rom the ocouence of any ane or more events mentioned above and ‘the OWNER shall decide within Ten (70) calendar days from receipt of sich writen request, with regard to the facts and ckeumstances and ofthe merits o ack of mers, theect, 36 the case may be, and gant or deny the said request. should the Contraco fal to offi request an etersion due to any events mentioned above within fleen (5) calendar daye ‘echoned rom ts orcurrence, ch shall ot be sven mers climed bythe Contactor lntr ae ‘reason to urtfy the delays. t Regardles ofthe dedson ofthe OWNER on this mater, the CONTRACTOR shal proceed wth its work wth such detemiaction without prejudice tothe provision on Arbitvation. Gide Thuy 2. Notwithstanding the fregnng no time extension onthe time duration hall be ranted in any of the following instances 8) Ordinary unfavorable weather conditions - monsoon rain and its afer effect; 1} Nonaalablity oF equipment or materials that are supposed to be furnished by the ‘CONTRACTOR: i 1 i iH i i i i Labor problems or disputes involving the CONTRACTOR's employees, workers or personnel i or thee ofits subeortraors, agents o supra FF a) atetonot work dseibes nthe pans ond pets; the Contractor shal cary out the requirements ofthe Owner and shal perform the delelon work n'a siacry and 2 ‘ortmnte manner and tothe saifacton of the Owner tin the pres tne ae. Ze 3: imte een at be Onn ners dey ine anh ing payers, nding th ance ‘of postdated checks, the time frame fr the completion of the projet shal be automaticly ‘otended without the need of servinga notice or request. The time extension wl be equtalent 1 the period of the payments delay. Evaluation of ling shall be fourteen (2) working days for the Project Manager & Architect and seven (7) day forthe Owner. After twenty-one working ‘ays reckoned from the receipt of bling by the Project Marager, i shall be considered as delayed payment. FAILURE TO COMPLETE THE WORK/LIQUIDATED DAMAGES 1. Amonthy evaluation ofthe actual progres of work agnnst the projected accomplishment ofthe [CONTRACTOR stall be carried out. And, such evakntion does not mest the target ‘sccomplhmant «penalty willbe sued to the CONTRACTOR for such delay of work 8) To ay the OWNER the sum of PESOS: 1/10 of 1% of the amount ofthe remaining works forthe month being eveunted 1b) The evaluation wil be, as mentioned above, wil be implemented In monthly basi encourage the CONTRACTOR to fll ts obligation In elation to the approved schedule of ‘work 2, Should the CONTRACTOR fll to complete the PROJECT within the specified schedule as per original work required or within the period of extension granted by the OWNER, the CONTRACTOR agrees, 12} To poy the OWNER the sim of PESOS: 1/30 of 2% ofthe amount of the remaining works for each day of delay Inuding Sundys and holidays as lqudated damages but not to ‘ceed 10% ofthe total contract amount. To be ented to such bauidated damages, the [OWNER need not prove that has incumed actual damage. Payment of such iqudated arnages shall notin ary manner relieve the CONTRACTOR from its cleans and ‘eponsiles under ths Agreement; nd Q ‘Tosllow the OWNER and/or anther CONTRACTOR chosen by the OWNER to accomplish and fish the PROECT as provided frm Article Vil herent 3. ttisfurther agreed ond understood that the right ofthe OWNER to liuidated damages shall be without prejudice tot rights of remedies against the CONTRACTOR provided eleewhere inthis ‘Aareement orto which the OWNER maybe entiedin aw of equity. 4 The OWNER may deduct any amount that may be due under Article Vl Secton 1. above from ‘theretenton tated in tice lv, Section 5, above in acordance with he Agreement Cy f AY ts gris vin DEFAULT OF CONTRACTOR 2. Any rallthe folowing condition hal conetite DEFAULT ofthe CONTRACTOR; Should CONTRACTOR: 2) fla pettion for suspension of payment oor insolvency; 3) be paced under receivership o arrange wth or assign In favor of ts ereltor or seee to carry out its ablations under this Areement under 2 committee or Inspection of Is crestor: ©) 0 Into liquidation (other than voluntary liquidation for purposes of amalgamation or Feconstruction}; 4) assign any oF all parts of this Agreement without the prior writen consent of the owner, }_haveanexacution levied on te goods oases; 1) fall to provide qualified. superintendent, competent workmen, or subcontractors or proper materials; 2. The CONTRACTOR shall ao be in deutfthe CONTRACTOR; 4) has abandoned the Agreement; or 1) without reasonable excuse, har fled to commence the work of has suspended the Broeress ofthe wok for ten (10) ealendor days ater recaving from OWNER written action that said materials of work had bean condemned. and rejected by the ‘OWNER/PROJECT MANAGEIVARCHITECT under these condos; or ©) despite previous warning by the OWNER in wring, i not executing the work in accordance with his Agreement rls persistent or Mograntynelectingt cary out its ‘blgations uncer this Agreement. 3. The following procedure shale followed ia deterring whether hs Agreement my be terminated under the inmelately preceding causes: "the CONTRACTOR is behind schedule by more than ten percent (10M) he willbe reuied to reves Cia Path Method (CPM) Network to reflect sew program of work that wl Insure ‘the completion ofthe PROJECT as scheduled hes eloying agai by anther five percent (3) base onthe revise CPM Networ, then the OWNER may terminate this Agreement unde he Immediately preceding clsses 44 Ifthe CONTRACTOR rofosed or alledto prsecite the work any separable par, thereof, with such ligence as wil insure its competion within the time speed i ths Agreement, ary tetension thereot, or flare to complet sid werk within such time, also constute default of ‘the CONTRACTOR. 5. shoul any or al ofthe grounds enumerated above exit, the OWNER, after ging Thirty (20) calendar days witen notice and without the necessity of any judi precas of ation in nw, fter upon the ste and the works and expel the CONTRACTOR therelrom,immeditsy, ‘without viding thi Agreement or releasing the CONTRACTOR from any of i ablgation oF lisbltes under this Agreement or affecting the rights and powers conferred onthe OWNER by this Agreement. The OWNER, itself, may complete the werks. All estentl equipment ‘belonging to the CONTRACTOR as may be needed forthe competion of the PROJECT in accordance wth the plans and specifications and related documents shal, atthe option ofthe ‘OWNER, remain in the place of work unl reasonably completed under the ccumstances arncie [BONDS AND INSURANCES 1. Upon the signing ofthis Agreement, the CONTRACTOR shall submit tothe OWNER within five (2) days the following bonds which the CONTRACTOR shal at his own expense secure rom any bonding insurance company approved bythe OWNER: Surety Bond in the arnount of Five Mion (PhpS,00,000.00) and Performance Bond of ‘Thi (30%) Percent ofthe total contract amount to serve as 2 gurantee forthe down payment and to guarantee the full and faltful compliance of the CONTRACTOR to the terms and conditions, provisions and stipulations ofthis Agreement, respectively. The Surety and Perfomance Sonds sal remain i ful force and effect ot the stance ofthe Certieate of Completion and Final Aceptance by the OWNER, Q Convactr’s Al Rsk (ARI Insurance in an amount equivalent tothe Contract Pie, to relieve the OWNER from any and al lbity nd responsbity for lors and damage to the PROJECT, the person(s) or property of third party which may arisen the course of operation bythe CONTRACTOR 1 Gusrantee Bond in the amount equhalent to the Ten Percent (20%) of the stu onstruction eosin replacement tothe Ten Percent (10%) Retention Money, o guarantee ‘the works done fom defects that might occur within the period of One (1) year or 365 ‘calendar day reckoned from the date of Final Acceptance. 2. The aforementioned bonds shall extend thelr guaranty to include contrat changes that may be made during te progress of the constuction werk even without the knowledge and consent of the bondsmen. 3. meas the OWNER grants the CONTRACTOR an extension of contac time, the effect ofthe Performance Bond sal be renewed bythe CONTRACTOR upon the expiration ofthe saroe but the amount, thereat, shall be reduced proportionately to an amount to be mutually agreed ‘pon by both partis. The premium and other charges that may be due in connection with the renewal extension ofthe sid Bond shall be forthe account ofthe one who is esponsie to the In the vent ofthe recession or termination ofthis Agreement fr breach, thereat, ue to the fault of the CONTRACTOR, the OWNER may immedistly proceed agninet the Surety ard Performance Bonds or any oral ams agant the CONTRACTOR. The Bonde sal rosin in {ul frce and effec throughout the duration ofthis Agreement unt the some are releazed by ‘the OWNER forthe CONTRACTOR sith prosection of his contractual obligations agnciex ‘COMPLETION AND FINAL ACCEPTANCE 4 When the work requited. and called for under this Contact is completed, completion ‘mens 100% complete with occupancy permits, water and electric, with all the ‘ters per contvact instal, tested, nd without defects, the CONTRACTOR shall ot the ‘OWNER in wring and request fra final nspection, which inspection shall be conducted and ‘completed by the OWNER within ten (15) calendar days fom receipt of the CONTRACTORS Requestor inspection leer. /\ z pro &, Sthteng eu seal oe | e 5 Should the work be found satisfactory done, the OWNER/ PROJECT MANAGER/ARCHTTECT stall, within Fifteen (15) calendar days fom the lst day of inspection, issue the Cerise of Completion ofthe Project, and the Balance of payment found to be dua les the five percent retention, 1 the work s found defecve, however, the CWHER/PROJECT MANAGER/ARCHITECT shal, within Fiteen (15) calendar dys fom the as dy ofnspection, advise the CONTRACTOR of he defects by issuing an Offical Punch st. Upon the correction ofthe ems contained inthe Offa Punch Ut, the CONTRACTOR shall ‘again inform the OWNER In writing and request for an inepection to be completed within Fiteen (15) calendar days from the receipt of the sid nti ‘Should the coretion mae by the CONTRACTOR ofthe Items contained in the Ofc! Fach Ust be found satisfactory he balance of payment fund tobe die the CONTRACTOR shal be pid immedataly and the OWNER shal not ltr than Fifteen (25) calendar days aftr the last ay of inspection, sue the Cartieateof Final Aceptanc. [A Offical Copies of pertinent documents such as Building Permits, Certfeate of Eectrat Inspection, Occupaney Permit, Fie Safety Certificate, and As-Bulk Plans as mentioned in the receding condtions, and other related government earances must be submited tothe ‘OWNER Yo waren 10% completion, ARTICLE anarrRarion. Matters concecring any sspute, controversy oF ferences between the partis sing out of this Agreement that may not be resolved by them to their mutual setsfocton, shall be submitted oan Arbitration Committee, composed of theo (3) mombers chosen as follows: One {a) rember shall be chosen by the OWNER, and One (2) member tall be choten by the ‘CONTRACTOR. The sito (2] members in tun shall select a third member ccoptable to both cofthom. The arbitration process shal be inated by eter party serving upon the other party a Written demand for arbisation in accordance wit) this Agreement within fifteen (35) calendar ays from the occurence of any dispute, ference or controversy. The demand shall et forth the nature of controversy, the amount iwolved, any, the reli sough and the name of the arbitrate appointed by the prty on whom demand i served, to name hs arblrater within ‘oen (15) calendar days fom recep therea. The two (2) arbitrators must agree opon the ‘hid arbitrator within on (10) calendar dys fom the notice of appointment. The decision of ‘he Arbitration Commitee shall be final and binding upon the OWNER and the CONTRACTOR Matters not otherwise provide for shal be governed by the provision of the Arbitration Law (Republic Act 876) The cost of ariration shall be borejoiny by beth the CONTRACTOR and ‘the OWNER on a equal basis Incase of igationcespecting the composition, procesings or award of Arbitration Commies, venue sal Bei he proper cout of Metro Mana. Inch cee, the prevaling party ell be ‘ntti to collet from th cther a sum equivalent to twentyfve percent (25%) ofthe total ‘amount ue, a nd for attorney's fes. ARTICLE iscewancous [SUBCONTRACTING OF THE PROJECT: The CONTRACTOR shal at assign, sublet or sub-contract ny portion ofthe PROJECT covered by thi Agreement except upon prior writen approval by ‘the “OWNER/FROIECT MANAGER/ARCHTTECT. Any. euch assignment, sublease of subcontracting shall be subject tothe pertinent provision ofthis Agreement. Vilation ofthis Provision shall constitute ground forthe termination ofthis Agreement by the OWNER. WARRANTY WORKS: The CONTRACTOR guarantees the quay of the workmanship under thie ‘Aeement fora period of twelve (12) months from the lsuance of Cerfiate of Fal ‘Acceptance ofthe projet. In thi connection, the CONTRACTOR egress to undertake, 3s waranty works, the eovection of al the defects atribtable to the CONTRACTOR foul Appearing aftr the completion ofthe PROIECT. ‘COMPLIANCE WH LAWS, ORDINANCES, ETC: The CONTRACTOR shall comply with ll the laws, orinances, rules and egultins ofboth the Nationa nd Local Government hich have been approved or may have been approved befor the completion of he PROJET, appicale toand binding upon the parties hereto. INTERPRETATION OF THIS AGREENENT: In Interpreting and construing the provisions of thie ‘Agreement and in determining the intention of the parties heet, resort shallbe made tothe ‘CONTRACT DOCUMENTS. nine therewith, this Agreement andthe CONTRACT DOCUMENTS shallbe interpreted and construed together eo ato give harmonious effect to ther respective provisions: Provided tha, inthe evertofireconcloble conflict between the provisions of this ‘Aaresmant and those of the CONTRACT DOCUMENTS, the proving of this Agreement shall reall Misclassifieation or misdeclaration of flor area rato zoning, and/or land use or any elated

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