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CONTRACT FOR CONSULTANCY SERVICES

KNOW ALL BY THESE PRESENTS:

This Contract for Consultancy Services (“Contract”) entered into by and between:

RUII ARCHITECTS CONSULTANTS AND PROJECT MANAGEMENT INC., a corporation


duly organized and existing under the laws of the Republic of the Philippines, with address at 26 th 1st
Floor ORRA Office, Wisdom Teresa Village, Bahay Toro, Quezon City, represented by its Director,
Rosalia V. Tan, hereinafter referred to as the “Client”.

and

RTM Mechanical Engineering Services with address at 548 Extremadura St., Sampaloc,
Manila, Philippines, represented by its President, Engr. Rico T. Mercado, hereinafter referred to as
the “Project Consultant”.

Client and Project Consultant shall collectively be known herein as the “PARTIES”.

WITNESSETH

WHEREAS, Client has various project management activities, which includes project
management of the Cultural Center of the Philippines Project (“Project”).

WHEREAS, Project Consultant represented that he has the expertise, technical knowledge
and/or experience to render consultancy services to Client in various aspects of construction and/or
project management.

WHEREAS, Project Consultant represented that he has the resources and/or capability to
undertake his responsibility under this Contract.

WHEREAS, by virtue of the said representation, the Client agreed to engage Project
Consultant subject to the following terms and conditions.

NOW THEREFORE, the PARTIES hereby agree as follows:

1. Services. The Project Consultant shall specifically perform the following


services/tasks for the Client and/or the Project:
A. Provide expertise and/or technical knowledge to the Client regarding the
management of the Project.
B. Monitor and give opinion on the progress or status of the Project.
C. Provide solution and/or advice to resource scheduling.
D. Communicate any concerns and/or issues regarding the Project with the
authorized representative of the Client.
E. Attend and/or conduct meetings with the Client and stakeholders.

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F. Manage and provide solutions to documentation of project plan, budget,
schedule or scope as may be required by the Client.
G. Design and implement Management Action Plans to improve Client’s operations.
H. Provide opinion and support on risk management strategies.

2. Project Administration.
A. Project status report. The Project Consultant shall submit a Project status report
on a weekly basis or at reasonable periodic intervals as required by the Client.
The Project Consultant shall be fully responsible for timely submission of project
deliverables as required by the Client and/or in accordance with the agreed upon
schedule. Any delay in the submission thereof attributable to the Project
Consultant which gives rise to damage or injury on the part of the Client shall be
borne by the Project Consultant.
B. Records and Accounts. The Project Consultant undertakes to keep accurate and
systematic records relating to the Project. The Client reserves the right to audit
the works of Project Consultant.

3. Term. The Consultant shall perform the Services for One (1) year from 25 th of June
2022 until 25th of June 2023. The Project Consultant shall report to the Client’s office
and/or Project site as may be required by Client in order to timely comply with all the
required project deliverables. The performances of Services by Project Consultant
after the agreed one (1) year period shall be deemed an extension of this Contract.

4. Payment. For Services rendered, the Client shall pay the Consultant the monthly
amount of Thirty Five Thousand Pesos (Php35,000.00), Philippine Currency
(“Consultancy Fee”). This amount is subject for EWT. Below are the computation of
income;
Monthly Gross Consultancy Fee Php 35,000.00
Less: 2% EWT 700.00
Net Consultancy Fee Php 34,300.00

5. Payment Conditions. Payment of the Consultancy Fee shall be made on monthly


basis, unless another mode of payment is agreed upon by the Parties.

6. Performance standard. The Project Consultant undertakes to perform the Services


with the highest standards of professional and ethical competence and integrity.

7. Confidentiality. The Project Consultant shall not, during the term of this Contract nor
at any time thereafter, disclose any proprietary or confidential information relating to
his services, this Contract or the Client’s business or operations without the prior
written consent of the Client.

8. Ownership of Material. Any studies, reports or other material, graphic, software or


otherwise, prepared by the Project Consultant for the Client under this Contract shall
belong to and remain the property of the Client. The Project Consultant shall refrain

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from using the said material for any purpose/s not related to this contract without the
prior written approval of the Client.

9. Assignment. The Project Consultant shall not assign this Contract nor subcontract
any portion of it without the Client’s prior written consent.

10. Care of Client’s Equipment. All items, except consumable ones, which the Client
may furnish the Project Consultant to aid the performance of the latter’s services
shall be maintained and returned in good condition, normal wear and tear accepted,
to the Client. No equipment of the Client shall be used for the Project Consultant’s
personal purposes.

11. Warranty of Consultant. The Project Consultant warrants that he/she is qualified
and has the expertise for the Services subject of this Agreement. The Client takes
the same at face value but reserves the right to determine the Project Consultant’s
fitness to continue with and efficiently discharge the Services under the Contract. As
such, if there is a finding by the Client that the Project Consultant has failed to
reasonably discharge the Services subject of this Contract, the former, at any point,
in the consultancy work, may contract a suitable replacement in the Project
Consultant’s stead, and in which event, this Contract shall be deemed terminated
without any right of recourse on the part of the Project Consultant to seek or claim
damages.

12. Contingency. In the event the Client incurs costs and damages in finding a
replacement for the Project Consultant on the grounds of incompetence in
discharging the Services subject of this Contract or for violation of the terms of
engagement or existing laws and codes of professional conduct or for any other
similar incapacity, the cost for rectifying the damage and finding the suitable
replacement shall be charged to the account of the Project Consultant.

13. Indemnification. Project Consultant hereby covenants and agrees to indemnify the
Client and to hold Client and/or its officers, stockholders, and board of directors
harmless to against any and all claims, threats, suits, damages, penalties, liabilities,
costs and expenses incurred, suffered or expended by or threatened against the
Client and/or its officers, stockholders, and board of directors with respect to any
action or inaction taken in the course of his/her duties as Project Consultant of the
Client and in accordance with this Contract.

14. Pre-termination. This Contract may be pre-terminated by the Client anytime upon
giving ten (10) days prior written notice thereof to the Project Consultant. In such
event, the Project Consultant agrees to deliver to the Client the studies, reports or
other material, graphic, software or otherwise, prepared by the Project Consultant for
the Client under the Contract, without need of any notice or demand.

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15. Exclusive Jurisdiction for Suit in Case of Breach. The Parties hereby agree that
the courts of Quezon City shall have exclusive jurisdiction over any dispute between
the parties relative to this Contract.

16. Indemnification of Attorney’s Fees and out-of-pocket costs. Should any party
materially breach this agreement, the non-breaching party shall be indemnified by
the breaching party for its reasonable attorney’s fees and out-of-pocket costs which
in any way relate to, or were precipitated by, the breach of this contract.

17. Severability. In the event any provision of this Contract is deemed to be void, invalid
or unenforceable, that provision shall be severed from the remainder of this Contract
so as not to cause the invalidity or unenforceability of the remainder of this contract.
All remaining provisions of this contract shall then continue in full force and effect.

IN WITNESS WHEREOF, we have hereunto set our hands this 31 th day of May, 2022 at
Quezon City, Philippines.

__________________ ___________________
ROSALIA V. TAN RICO T. MERCADO
Client Project Consultant

Signed in the presence of:

_______________________ _______________________
(Name and Signature) (Name and Signature)

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AKNOWLEDGEMENT

Republic of the Philippines)


City of _________________) S.S.

BEFORE ME, this 31st day of May 2022, in Quezon City, Philippines, personally appeared:

Name Competent Proof of Identity Date & Place of Issue/Expiry Date


1. Rosalia V. Tan UMID 011-7530553-2
2. Rico T. Mercado PRC 0003913 11-07-2001 / 06-05-2024

Known to me to be the same persons who executed the foregoing Contract for Consultancy
Services and who acknowledged to me that the same is their free act and deed.

This instrument consisting of five (5) pages, including the page on which this
acknowledgement is written, has been signed on the left margin of each and every page
thereof by the above-named individuals in behalf of the corporations they represent or in
their own capacity.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on
__________________.

Notary Public

Doc No. __________:


Page No. _________:
Book No.__________:
Series 2022
Consultancy Agreement – Cadavidav2

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