CONSTRUCTION OF MAMITA'S BISTRO (ROUGHING WORKS ONLY)

KNOW ALL MEN BY THESE PRESENTS:

This Contract for CONSTRUCTION OF MAMITA'S BISTRO (ROUGHING WORKS ONLY)

(hereafter, the “CONTRACT”), is made and entered into by and between:

MS. JESSICA JOYCE C. TALENTO, with present address at Purok 5,

Brgy. Magang, Daet, Camarines Norte, hereinafter referred to as the
“OWNER”;

-and-

SRC DMM CONSTRUCTION CO. UNDER THE NAME OF 1STPECTIVE

BUILDERS, a construction company duly organized and existing under by
and virtue of Laws of the Republic of the Philippines, with business
address at Happy Homes Centro Phase II, Brgy. Lag-on, Daet, Camarines
Norte, represented by ENGR. SADAM RICHARD C. CANUTO and ENGR
DEAN MARTIN R. MENDOZA, hereinafter referred to as the
“CONTRACTOR”.

Each a “Party”, and collectively, “Parties”.

WITNESETH: That –

WHEREAS, the OWNER desires to enter into a CONSTRUCTION OF MAMITA'S

BISTRO (ROUGHING WORKS ONLY) to be constructed in CNSC BUILDING, F. PIMENTEL
AVE., DAET, CAMARINES NORTE, (hereinafter, the “Project”) and CONTRACTOR agrees to
undertake the labor and materials for the roughing works of the project thereof;

WHEREAS, the CONTRACTOR who warrants itself to be capable, competent and

duly qualified to handle the works, has submitted its proposal (ANNEX “A”) to undertake the
Project, in accordance with the plans and specification of the latter; and the OWNER has
accepted the said offer of the CONTRACTOR subject to the terms and conditions
hereinafter provided.

NOW THEREFORE, the Parties hereto hereby agree as follows

I
SCOPE OFWORK

1.1. The CONTRACTOR undertakes to faithfully and continuously execute the

complete construction of the Project in accordance with the Approved Project Specifications
which are also included or stated in ANNEX“A”.

1.2. The CONTRACTOR likewise obligates itself to furnish, without additional cost to
the OWNER, all manpower needed, skilled or common laborers with complete hand tools, and
superintendence for the implementation of the Project in accordance with the schedule stated in
ANNEX “B” hereof.

1.3. The CONTRACTOR shall be the one to purchase all the materials, and rent or
purchase equipment needed for the implementation of the Project.

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 II
CONTRACT DOCUMENTS

2.1. The documents hereunder listed and referred to as the “Contract Documents”,
each duly authenticated by the Parties or their duly authorized representatives, are hereby
embodied and specifically made integral parts hereof by reference, and shall likewise govern
the obligation s of the Parties hereto:

ANNEX “A” - CONTRACTOR’s Proposal and Specifications

dated February 19, 2022
ANNEX “B” - CONTRACTOR’s Schedule of Activities (Bar
Schedule);

ANNEX “C” - CONTRACTOR’s Payment Schedule.

All Contract Documents shall remain property of the OWNER.

2.2. The CONTRACTOR shall not make any changes or alterations in the content
of this CONTRACT as well as those of the Contract Documents without the prior written
approval of the OWNER or the latter’s duly-authorized representative.

2.3. In case of conflict between the provisions of the various Contract Documents, an
equitable interpretation thereof shall be adopted by the Parties, taking into consideration all
circumstances and the general principles of the construction trade, to the extent that the intention
of the Parties under this Contract shall prevail.

III
CONTRACT PRICE AND TERMS OF PAYMENT

3.1. For and in consideration of the CONTRACTOR’s obligations under this Contract, the
OWNER binds itself to pay the sum of FOUR HUNDRED TWENTY EIGHT THOUSAND (PhP
428,000.00), Philippine Currency, inclusive of all taxes, under the payment schedule stated in
ANNEX “C”.

IV
COMMENCEMENT AND COMPLETION OF WORK

4.1 The project commencement date shall be on February 21, 2022 and be
completed on or before March 13, 2022.

4.2 In the event of delay of completion due to technical matters, or in any case
that any equipment fails to function or be activated due to fortuitous event or force majeure,
the CONTRACTOR shall offer an alternative solution.

4.3 As soon as the Project is completed, the CONTRACTOR shall give the
OWNER a written Notice of Completion. Thereafter, the OWNER shall give the
CONTRACTOR a written Notice of Confirmation of Completion.

V
CHANGE OR VARIATION ORDER

5.1 OWNER reserves the right to change or modify any aspect of the work agreed
upon in this Contract as it may deem necessary or appropriate.

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 5.2 The change, modification or variation, if any, shall be conveyed to the
CONTRACTOR in the form of a change order duly approved and signed by the OWNER or its
authorized representative and the CONTRACTOR or his authorized representative.

5.3 The change, modification or variation, if any, shall be an additional cost and will be
agreed and approved by the two parties.

VI
LIABILITIES
6.1 It is hereby agreed and understood that the employees of the CONTRACTOR
are not employees of the OWNER, and hence, the OWNER shall not in any way be liable
and/or responsible for any personal injury including disability or death, or damage to property,
sustained by or caused by any of the employees of the CONTRACTOR and/or his
subcontractors, agents, suppliers or consultants, whether or not occurring during the
performance of their duties. The CONTRACTOR shall indemnify the OWNER for any and all
injuries or damages the latter may suffer or incur due to the act, omission or fault negligence,
or conduct of the contractor and/or employees, subcontractors, agents and etc.

The CONTRACTOR shall at all times, stand solely liable and/or responsible for the
enforcement of, and compliance with all existing laws, rules and regulations and binds itself
to hold the OWNER free and harmless from any and all liability in respect thereof and/or
arising there from and/or by reason of this contract and/or its implementation.

6.2 The CONTRACTOR shall be fully responsible for the safety, protection, security
and convenience of its personnel and third parties as well as the work equipment and
materials.

6.3 In the event that any problem arises during the term of this contract due to the
CONTRACTOR’s fault or negligence, it shall be the duty and responsibility of the latter to remedy
the problem within twenty-four (24) hours from the time the problem arose.

VII
CONTRACTOR’S RISK AND WARRANTY SECURITY

7.1 The CONTRACTOR shall assume full responsibility for the works from the time
project construction commenced up to final acceptance by the OWNER and shall be held
responsible for any damage or destruction of the works except those occasioned by force
majeure.
7.2 The leak liability period for the project shall be one (1) year from the contract
completion up to final acceptance by the OWNER. The CONTRACTOR shall undertake the repair
works, the labor and materials, at his own expense.

7.3 After the OWNER’s final acceptance of the works, the CONTRACTOR shall be held
responsible for "Structural Defects", i.e., major faults/flaws/deficiencies in one or more key
structural elements of the project which may lead to structural failure of the completed elements or
structure, or "Structural Failures", i.e., where one or more key structural elements in an
infrastructure facility fails or collapses, thereby rendering the facility or part thereof incapable of
withstanding the design loads, and/or endangering the safety of the users or the general public:

a. CONTRACTOR - Where Structural Defects/Failures arise due to faults attributable to

improper construction, use of inferior quality/substandard materials, and any violation of the
contract plans and specifications, the contractor shall be held liable;

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 b. THIRD PARTIES - Third Parties shall be held liable in cases where Structural
Defects/Failures are caused by work undertaken by them such as leaking pipes, diggings or
excavations, underground cables and electrical wires, underground tunnel, mining shaft and
the like, in which case the applicable warranty to such structure should be levied to third
parties for their construction or restoration works.
c. OWNER - In cases where Structural Defects/Failures are due to abuse/misuse by the end
user of the constructed facility and/or non-compliance by a user with the technical design
limits and/or intended purpose of the same, then the user concerned shall be held liable.

The warranty against Structural Defects/Failures, except those occasioned-on force majeure,
shall cover the 15-year period from the date of Notice of Confirmation of Completion from the
OWNER. The CONTRACTOR shall undertake the repair works, the labor and materials, at his own
expense.

VIII
MISCELLANEOUS PROVISIONS

8.1 SEVERABILITY. Should any part or parts of this Contract are agreed by the Parties
or declared by any competent tribunal to be invalid, the other parts shall remain valid and
enforceable.
None of the provisions of this Contract shall be deemed waived by either Party except
when such waiver is given in writing. The failure by either Party to insist upon strict
performance of any of the provisions of this Contract shall not be construed as a waiver of
any such provisions or the relinquishment of any such rights for the future.

8.2 GOVERNING LAWS. This Contract shall be governed by the laws of the
Republic of the Philippines.

8.3 AMENDMENTS. No modifications, alterations or waiver of any provisions

herein contained shall be binding on the Parties herein unless the same is made in writing
and signed by both Parties.

8.4 ENTIRE CONTRACT. This Contract sets forth all the promises, covenants,
agreements, conditions and undertakings between the Parties with respect to the subject
matter hereof, and supersedes all prior contracts and understandings, inducements or
conditions, express or implied, oral or written, with respect to the subject matter hereof.

IN WITNESS WHEREOF, the Parties hereto have hereunto signed this day
of , at .

SRC DMM CONSTRUCTION CO. UNDER THE

NAME OF 1STPECTIVE BUILDERS

JESSICA JOYCE C. TALENTO ENGR. SADAM RICHARD C. CANUTO

Owner Contractor

ENGR. DEAN MARTIN R. MENDOZA

Contractor

Signed in the presence of:

________________________________ _________________________________

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 ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)

) S.S.

BEFORE ME, a Notary Public for and in the above jurisdiction, on this day
of , personally appeared the persons below with the corresponding
details of their competent evidence of identity listed as follows:

Affiant ID Number and Expiry Date

(if applicable)
JESSICA JOYCE C. TALENTO
SADAM RICHARD C. CANUTO
DEAN MARTIN R. MENDOZA

Known to me to be the person who executed the foregoing Contract consisting of ______
(___) pages, including the page where this Acknowledgment is written and signed by the
Parties on each and every page thereof, and they acknowledged to me that the same is of
their free and voluntary act and deed and of the corporation they represented therein.

WITNESS MY HAND AND SEAL on the date at the place first above written.

NOTARY PUBLIC

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