CONTRACT AND AGREEMENT

for the

CoNSTRUCTION of the 3-Storey VSU Library Buitdins (Phase 2_)

KI{OW ALL MEN BY THESE PRESENTS:
This contract made and entered into this
between: day of

___,

201 3 try and

The VISAYAS STATE UNMRISTY (VSU). an institution of higher learning established under Pres. Decree No. 470 as amended by Pres. Decree No. 700 and converted into a state university by virtue of R.A.9158 and 9437, r,vith principal office at Baybay City, Leyte, duly represented by its President, DR. JosE L. BACUSNIO"
hereinafter referred to as the OWNER;
-and-

Ilrgy. Campetic, Palo. l.e;,te. duly represented by its Proprietor and Manager, Engr. AC;USTIN R. C0LLERA .llt., hereinafter referred to as the CONTRACTOR;
business address at

COLLERA CONSTRUCTION, with

WITNESSET}I:
WHEREAS, a public bidding was conducted on October 3,2013 at the Office of tlie President for Administration and Fipance Conference Room, VSII, Visca. Baybay. i-eyte Construction of the 3-Storey VSU Library Building (Phase 2);
HEREAS, the Bids and Awards Committee recommended to the University Presidelt that the ro,ject shall be awarded to Collera Construction, its offer being the most advantageous to tlie ilippine Government; WHEREAS, time is the essence of this contract;

NOW. THEREFORE, for and in consideration of the foregoing premises and rrtirci
covenants hereinafter named, the parties agree as follows:

ARTICLE I _ CONTRACT DOCUMENTS

The following documents shall be deemed to form and be intertrrreted arrcl cqrnstlLrecl as pafi this Agreement:
o1

a. b.

General and Special Conditions of Contract

c. f.

d. e. g. h. i.

Invitation to Bid Bidding Documents Addenda and/or Supplemental/Bid Bulletins, if any, Bid Form including all the documents/statements contained in the winnirig bidder's two bidding envelopes Eligibility requirements, documents and/or statements Performance Security Credit Line issued by a licensed bank or NFCC duly notarized Notice of Ar.vard of Contract'and winning bidier's "Confbrme"' thereto;

tsrqrr vr I'vrAJ vr dltu Lt)sl ' Estimates. k. Certificate of Availabi[ity of Funds (C.A.F.) L Abstract of Bids m. Resolution of the BAC recommending award of project of ,,vinnins bidder n. Approval of Award by appropriate go,ernment approving authority.

ARTICLE II. SCOPE OF WORK

THAT the CONTRACTOR shall in accorclance with the provisions of and subject ro rj"ic conditions contained in the documents refer:red to in Article I hereof. ..,rrith a provisio, that tl.,isr construction activity belongs to Phase 2. and in consideration of the sum of money, hcrei,aficr: stated shall fully and faithfully perforrn all labor, furnish the needed materials an<i equipnrenr and perform labor and services necessary to complete the Construction of 3-Storey VSLi Library Building (Phase 2) located at Visca, Baybay City. Leyte as per plan and specificatioris of the owNER. The work consists of the following specific rvork items:

ITEM
I

DESCRIPTION
Mobilization Koot hramlng (Revised) Roofing Ceiling Frames and Boards. Third Floor in-tualng Exterior Ceilinss Second Floor Canopy ( less 66 merers Third Floor Canopy RoofBeam Canopy CHB Wall from Wall footing to Finish Floor Line
_lireQars spaced @, 0.40m bothways)

AMOIINT
53"298.00
3.303,3

*
t

II
')

III

5.02 1.387"808.86
5

)''
V /vr
VU

864.582.39 i85.912.33 l6R q51 Rri )q 164 \4

129.864.13

VIII
IX
X

CHB Wdl from Tie beam to Finish Floor Line

(@

3.376.721.78 ______.1
2.820.q,+q

v
Sg
Y

XI

0.40m bothways) CHB Exterior Wall fi.om Finish Ground Floor i_ar. to Roof Beam (rebars spaced @,O.4}mbothways ) Cement Plastering with Plain Cement Finish (min 02(l mm thk. Class A)

(rebars spaced

4l

645..464.08

XII XIII

XIV XV XVI XVII

CHB Exterior Wall frorn Ground Floor to Roof Beams (inside and outside) including Exterior columns, Canopies & Main Entrance Canopy b. Interior Columns Ground Floor to Second Fioor only c. Mezzanine Floor Beams and Slabs d. Second Floor Beams and slabi along Mezzantne only Flooring. Ground Floor ( 0.10m thk & .abars spu"eci @ 0.30m) Wall footing 2 provide dowels for CHB pirtitonJ (including CHB wall footing due to 0.20 m drop of ground flooring along mezzanine) Ma n Entrance Canopy Colurnn Footings Main Entrance Canopy Columns Main Entrance Canopy Roof Slabs Main Entrance Canopy Roof Beams

a.

314.684.00

54.630.46
138,574.91
I 3 8"5 7,1.8
1

r .1

59.044.96
50.(i I 0.89

28.509. r 0 94 177 61 _:-__J

17006s041

u1{r 8.4s-l

XVIII XIX XX XXI XXII

Main Entrance Canopy Flooring Rear Entrance Canopy and Flooring Roof Deck Others (Catch Basin. Soil Treatment. Formrvorks) Electrical, ECE and Plumbing Rough (G.o"rri Floor. Main Entrance Canopy, 3rd Floor Ceiling ancl Exterior Walls including downspout)

1.1 84. i,+

45.31 r.53 80.328.e8

I;r

___1,0$,26q.0r)320.308.30

Total

__

17,497,791.42 ' :_,_____l

ARTICLE III- TIME OF COMPLETION

The work to be performed by the CON IRACTOR under this contract shall conune ncc after seven (7) calendar days upon receipt and acceptance of the Notice to procee<i fiorn VSl i by the CONTRACTOR. The construction of the 3-Storey VSU l.ibrary Building (phase 2) shall be completed rvithin Three Hundred (300) calendar days including Saturdays" Sunciays ancl holidays' Should tlie CONTRACTOR refuse or otherw-ise fail to corriplete the. rvork stif,latecl herein' the CONTRACTOR agrees to pay the VISAYAS STATE fn{rygnSlTy a liquidated darnages an amount equal to One-Tenth of One percent (0.1%) of the total contract surn lbr each calendar day of delpy until the wori. is completed and accepted by. the VSIJ or rvheu rhu VSU takes over the project by administration or relets it to other Contractor untii such tinre :rs the VSU may reasonably secure the completion of the works. Such amount shall be declucted from any money due or which may become clue the Contractor under the contract and/or collect such liquidated damages from Performance Bond of the C'onh'actor or Ctontractor's Suretl, rvhichever is convenient to the OWNER. VSU.

ICLE IV. THE CONTRACT SUM

t by the CONTRACTOR in accordance with the terms ancl conditions of all conrracr do-cuments and subject to the deduction herein provided. shall pay to the cloNTltAc]-oR in PhiIiPPiNC CUTTENCY thc SUM Of SEVENTEEN MILLION FOUR HUNDRED NINET'Y sFvEN THOUSAND SEVEN HUNDRED NINETY ONE AND 421100 pESos (php
17,497,,79142) ONLY. Payment shall be in accordance with the fbliowing conditions:

The OWNER for and in consideration of the faithful and satisfactory {irlfillr.rrent ol-thr

a.

Monthly payment shall be based upon the work satisfactorily completed as certiflccl CONTRACTOR, conctrrred in by the Design Consuitant urd r;.,ppnrrecj bv a cerlification of VSU Resident Construction Supervisor/lnspector. fhe application {irr payments, certification of payrnents, etc. shall be in accorclance with the terms and conditions contained in the General Conditions appended thereto and made integral part hereof. Final payment shall be m4de upon completion of the r.vork and upon submission by the Contractor of his sworn statemenl that all taxes clue hinr ancl all obligations for materials used and labor employecl in accordance with this contracr have been duly paid.
b5' the

b.

tf

Progress payments are subject to retention of ten percent (10-oA) rei'errecl to as ri:e "retention money", Such retention shall be based on the total amount <iue to the Contractor prior to any deduction and shall be retainecl from everv progress payment untii fifty percent (50%) of the value of the work as determinecl by the OUNER are completed. If after fifty percenql}%) completed of the rvork as determinecl by thc OWNER is satisfactorily done and on schedule no acldirional retention shall be nrade on the succeeding progress payment, otherw'ise, the ten percent (rc%l retentiog shall be imposed. The total retention money shall be due for ielease upon final acceptance of the works.

However, after cumulative progress payment to the Contractor amounting to at least fifty percent (50%) of the total contract price. the OWNER may at tlre rvritren request of the CONTRACTOR release a portion of the retenlion moncv commensurate to the percentage of the work completed as cletermipecj bv the OWNER' Provided, that the CONTRACTOR post an imevocable standhv lcn.:r ot' credit in favor clf the OWNER to answer and sLrbsiitute ft-rr 1he ptir,posc of rrhi,-:li thr; Ten percent (10%) retention is inter-rded. Any release of any arnourt of the retention money by the OWI\IER is not to be construed as waiver o1'rhe OWIiER's riglrt to trc indemnified for damage caused by the CONTRACTOR in accorclance *,itl", ih,, provision of At.20 of the New Civil Code.

The CONTRACTOR shall, under his name and at his or.vn expense. obtain and maintain, for the duration ol this Contract, the fbllou,ing insurance coveragc: (l ) Contractor's All Risk Insurance; (2) Transpoftation to the project Site o1't-iquipnrcnt. Machinery. and Supplies owned by the Contractor; (3) Personal injury or diath of. Contractor's employees; and (4) Comprehensive insurance for third party liability to Contractor's direct or indirect act or omission causing damage to third persons.
d.
e.

That the insurance premium shall be the account of the C'ONTRACTOR. Since Phase 2 can be implemented indepenclently ftom Phase Ia, the contractor can claim progress billing based on actual a"ccomplishment as determined by the pro.iect engineers of the OWNER.

CLE V- GUARANTEE
,The
s

CONTRACTOR hereby guarantee the works stipulated in this contracr anci all tlrc it will apply and use in the construction as w'ell as workmanship of all its work unrir:r

ntract and shall make good of its own account and/or its own expenses.

After final acceptance of the project by the OWNER. the CONTRACT'OR shall assurnc tull responsibility fbr any damage or destruction o{'the works except those occasioned b), lorce majeure. They shall be required to put up a w'arranty security denominated in Philippine pesos provided in Section 62.2.3.3 of IRRA of R. A. 91 8.1 and shall rernain effective for one ( 1 y,ear ) from date of issuance of the certificate of final acceptance and shall be returne<l only aftei the lapse of the said one (l) year period.

In addition, the provisions of Art. I 723 of the guarantee the work performance of the CONTRACTOR.
ARTICLE VI- PERFORMANCE BOND

New Civil Code shall also applv

ro

In accordance with the Instruction to Bidders and General Conditions of the contract^ tire CONTRACTOR shall furnish and file per acceptance to the OWNER a llerfbnnancc Bo*cl irr accordance with Section 39 of the Revised Implementing Rules and Regulations of I{A 9i 8zl ro guaranty the full and taithful performar"" of this AgrJement to answer tbr any liahilit.v that ma,vbe suffered by the OWNER resulting from the violation of the CONTRACTTOR of lahor laws and other laws. PROVIDED. that in the event of the recession or termination of'this contract for breach thereof, the bond, at the option of the OWNER shall be automaticallt, forfeited in favor of the OWNER and becomes immediately payable and coliectible by the OWNER, otherwise, the bond shall remain and continue in full force until the albrementioned obligations as to the completion and faithful compliance of'the contract, liquidated damages a,-,rl cost of labor and materials shall have been duly satisfied, discharged. settled anci paid by rhc: CONTRACTOR.

s)

1o

"? +

ARTICLE VII- SAFEGUARDS AND WARRANTS

documents taken together particularly the drawings. plans anrl specilicaiions proi,ieletl 1triat thc same shall be inferred there from and should the CONTRACT'OR find an-v discrepa'c1,. i, Lilc drawings, plans and specifications, he shall immediately refler the same to the OWNt:f{ Resident Supervisor/lnspector and/or the OWNER whose decision shall be lbllowed,

The CONTRACTOR shall provide and do everl,thing necessary ro pertirnl ir:, obligations under this contract accorcling to the true intent an<i meaning of the crtlrer cr.ut,.rci

The OWNER reserves the right fbr an adclitional or increase in the number ol'laborers or workers assigned to the construction site in the opinion of the owNER the exigencies ol' the same require.

The CONTRACTOR shall be considered as an independent CONTI{AC'TOR a6d 2s such, he assumes all obligations and liabilities arising out of ihe Employee's [.iability Act anrl any other laws existing and those enacted thereafter that may affbct tire ilgtrts of the ernployees or laborers employed in the performance of this contract. Should the OWNER be made liable tbr any of the Contractor's violation of any labor laws, the CONTRACTOR shall reimburse OWNER for whatever amount the latter is required to pay to said laborers and the perforrr,alce Bond is also answerable for this contingency.
Notwithstanding any provisions of this contract, the OWNER has the right a6c1/or pL)\\iei to terminate the contract without necessity of juclicial action by giving ,otilin n.tice to thc CONTRACToR upon his failure to comply strictly with any of the ierms of this contracr.

'fhe contract hereby warrants that it has not given or promised to give money or gifts to any official or employee of the oWNER and/or any other office. ug.r.f o, instrumentilitl.of the govemment to secure this contract and any violation of this rvarranty shall be srif6.1*r, ground for the OWNER to revoke or cancel the same. The CONTRACTOR is likewise mandated to irnplement the constructigl safetl, a1c1 alth )rogram as indicated in the technical proposal (Attachment which inciudes, gp1ol1g ) 6th / requiring- its employees to have identification Cards which should be available anytime tv inspected by security personnel of the university or any authorized representative of the
ER.

ARTICLE VIII _ COORDINATION WITH PHASE IA CONTRACTOR

Collera Construction shall coordinate r.vith CNE Construction, Phase lA Cr-r,tractor considering that they have separate rvorkers, construction materials and storage space to avoicl cont'licts and promote harmonious work relationship. The tr,vo (2) contractors shoirld cooperale rvith each other to meet the completion dates in theii respective scope of work.

ARTICLE IX- VENUE OF COURT ACTION

Shguld any court action be institutecl by the VSU or CONT'RAC'IOR arising [ror1 this contract, the parties hereby agree that the venue thereof shall be the proper courl in the prclvince of Levte.

IN WITNESS WHEREOF. the parties have hereunto set their hands this |--th rlitr Novenrber 2A13 at Baybay City, Leyte. Philippines.

ll

VISAYAS STATE UNVERSITY Baybay City

By:

COLLERA CON STTTI.}C'TI0]\

Palo, Leyte

Engr.

(owNER)
Signed in the presence of:

Proprie Collera C (

allager tion
R)

!rrr*^ttl*
I.
NESTOR M. ISRAEL

t. ERLTNA t. EscuL:RRA

REPUBLIC OI.- TT{E PHII,IPPINES ) PROVINCE OF LEYTE ) S.S. CITY OF BAYBAY ) BEFORE ME, this
appeared:

th day

of LlWotubq 2013 at Bayi:ay City. l.eyte" pcrsolall5

Date/Place Issued
January 8, 2013 at Baybay C-iti,'

Name Dr. Jose L. Bacusmo F.ngr. Agustin R. Collera Jr.

Comm. Tax Cert 2391s113

0025 I 978

March

2I

20

.l at I ac lc'rban t- rty

knowu to me to be the same persons who executed the toregoing instrument ancl thi:1,
acknowledged to me that the same is their voluntary act and deed"

This instmment consisting of Six (6) pages incluiiing this acknow,ledgement

signed on each page by the parties and their witnesses and sealed with rn-v notarial seal.

irers br:crr

WITNESS MY HAND AND SEAL on the date and place first above given.

TARy
lloc. No.
Page No.

+:iUFLlE

Book No.
Series

of z}t3

tr

"b1