contract - vsu library phase 2

8/13/2019 Contract - VSU Library Phase 2

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CONTRACT AND AGREEMENTfor the

CoNSTRUCTION of the 3-Storey VSU Library Buitdins (Phase 2_)KI{OW ALL MEN BY THESE PRESENTS:

This contract made and entered into thisbetween: day of ___, 201 3 try andThe VISAYAS STATE UNMRISTY (VSU). an institution of higher learningestablished under Pres. Decree No. 470 as amended by Pres. Decree No. 700 andconverted into a state university by virtue of R.A.9158 and 9437, r,vith principal officeat Baybay City, Leyte, duly represented by its President, DR. JosE L. BACUSNIO"hereinafter referred to as the OWNER;

-and-COLLERA CONSTRUCTION, with business address at 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;

WITNESSET}I:

WHEREAS, a public bidding was conducted on October 3,2013 at the Office of tliePresident for Administration and Fipance Conference Room, VSII, Visca. Baybay. i-eyteConstruction of the 3-Storey VSU Library Building (Phase 2);HEREAS, the Bids and Awards Committee recommended to the University Presideltto Collera Construction, its offer being the most advantageoushat the ro,ject shall be awardedto tlie ilippine Government;

WHEREAS, time is the essence of this contract;NOW. THEREFORE, for and in consideration of the foregoing premises and rrtircicovenants hereinafter named, the parties agree as follows:

ARTICLE I _ CONTRACT DOCUMENTSThe following documents shall be deemed to form and be intertrrreted arrcl cqrnstlLrecl as pafi o1this Agreement:

a. General and Special Conditions of Contractb. Invitation to Bidc. Bidding Documentsd. Addenda and/or Supplemental/Bid Bulletins, if any,e. Bid Form including all the documents/statements contained in thewinnirig bidder's two bidding envelopesf. Eligibility requirements, documents and/or statementsg. Performance Securityh. Credit Line issued by a licensed bank or NFCC duly notarizedi. Notice of Ar.vard of Contract'and winning bidier's "Confbrme"'thereto;


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Estimates. 'Certificate of Availabi[ity of Funds (C.A.F.)Abstract of BidsResolution of the BAC recommending award of project of ,,vinninsbidderApproval 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"icconditions contained in the documents refer:red to in Article I hereof. ..,rrith a provisio, that tl.,isrconstruction 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


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XVIII Main Entrance Canopy Flooring I i 1.1 84. i,+XIX Rear Entrance Canopy and Flooring 45.31 r.53XX Roof Deck 80.328.e8XXI Others (Catch Basin. Soil Treatment. Formrvorks) ___1,0$,26q.0r)-320.308.30XII Electrical, ECE and Plumbing Rough I;r (G.o"rriFloor. Main Entrance Canopy, 3rd Floor Ceiling anclExterior Walls including downspout)Total 17,497,791.42__ ' :_,_____l

ft

ARTICLE III- TIME OF COMPLETIONThe work to be performed by the CON IRACTOR under this contract shall conune nccafter seven (7) calendar days upon receipt and acceptance of the Notice to procee


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However, after cumulative progress payment to the Contractor amounting to at leastfifty percent (50%) of the total contract price. the OWNER may at tlre rvritrenrequest of the CONTRACTOR release a portion of the retenlion moncvcommensurate to the percentage of the work completed as cletermipecj bv theOWNER' 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 retentionmoney by the OWI\IER is not to be construed as waiver o1'rhe OWIiER's riglrt to trcindemnified 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 andmaintain, 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 toContractor's direct or indirect act or omission causing damage to third persons.That the insurance premium shall be the account of the C'ONTRACTOR.Since Phase 2 can be implemented indepenclently ftom Phase Ia, the contractor canclaim progress billing based on actual a"ccomplishment as determined by the pro.iectengineers of the OWNER.

CLE V- GUARANTEE,The CONTRACTOR hereby guarantee the works stipulated in this contracr anci all tlrcs it will apply and use in the construction as w'ell as workmanship of all its work unrir:rntract 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 assurnctull responsibility fbr any damage or destruction o{'the works except those occasioned b), lorcemajeure. They shall be required to put up a w'arranty security denominated in Philippine pesosprovided in Section 62.2.3.3 of IRRA of R. A. 91 8.1 and shall rernain effective for one ( 1 ) y,earfrom date of issuance of the certificate of final acceptance and shall be returne


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ARTICLE VII- SAFEGUARDS AND WARRANTSThe CONTRACTOR shall provide and do everl,thing necessary ro pertirnl ir:,obligations under this contract accorcling to the true intent an


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IN WITNESS WHEREOF. the parties haveNovenrber 2A13 at Baybay City, Leyte. Philippines.

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hereunto set their hands this |--th rlitr ll

By:

VISAYAS STATE UNVERSITYBaybay City

) S.S.)

COLLERA CON STTTI.}C'TI0]\Palo, Leyte

Engr.Proprie allagertionollera C( R)owNER)

Signed in the presence of:

I. NESTOR M. ISRAELREPUBLIC OI.- TT{E PHII,IPPINES )PROVINCE OF LEYTECITY OF BAYBAY

Date/Place Issued

January 8, 2013 at Baybay C-iti,'March 2 I . 20 I .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 irers br:crrsigned on each page by the parties and their witnesses and sealed with rn-v notarial seal.WITNESS MY HAND AND SEAL on the date and place first above given.

lloc. No.Page No.Book No.Series of

"b1tr}t3

rrr*^ttl*t. ERLTNA t. EscuL:RRA

BEFORE ME, this + th day of LlWotubq 2013 at Bayi:ay City. l.eyte" pcrsolall5appeared:Name

Dr. Jose L. BacusmoF.ngr. Agustin R. Collera Jr.

Comm. Tax Cert

2391s1130025 I 978

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