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NVCR Sand Blasting and Paint Works KB00432
NVCR Sand Blasting and Paint Works KB00432
-and-
WITNESSETH that:
ARTICLE I
SCOPE OF MATERIALS AND WORKS
III.1. The SECOND PARTY agrees to supply to the FIRST PARTY the
materials and provide the labor installation thereof in strict accordance
with the specifications below:
I.2. The SECOND PARTY agrees to supply to the FIRST PARTY the
Engr. RODUARDincidental serviceC.ofBUSTILLO
MICHAEL installation of the mentioned materials and other
services necessary
RFB Construction Corporationfor its completion, which includes:
B. Paintworks in 3 coats;
I.3. The PARTIES agree that the consideration involved in this contract is
inclusive of any contingent price increase of materials unless the
PARTIES subsequently agree in writing to amend the contract price to
accommodate price hikes;
I.4. The PARTIES have agreed that the quantities may vary based on
measurements of actual, completed, and approved by the procuring
agency for billing purposes. Any works not authorized by the procuring
agency shall not be billable nor payable to the SECOND PARTY;
NELSON M. CAB
NCVR Engineering Steel PARTY
I.5. The SECOND Fabrication
shall and
use its basic tools, equipment, materials, and
manpower, all for
Industrial Services the cost of the SECOND PARTY. In case the SECOND
PARTY does not have all of the required tools, equipment, or materials,
he may lease from the FIRST PARTY at the rates agreed upon by the
PARTIES.
I.6. The scope covers the responsibility of the SECOND PARTY to shoulder
the expenses of basic first aid and health facilities and to maintain security
and order in the project site, in compliance with DPWH, DENR, DOH,
LGU, or government regulations while the barracks for the workers shall
be provided by the FIRST PARTY;
ARTICLE II
DURATION
II.1. The duration of this Contract is Thirty (30) Days from its execution,
subject to extension if there is an additional volume of work, those granted
by the FIRST PARTY, and/or if the site where the items of work are not
yet complete or is prevented by force majeure.
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KB0043
Supply and Delivery of Materials
NCVR Engineering Steel Fabrication and Industrial Services
ARTICLE III
CONSIDERATION
ARTICLE IV
PAYMENT
A. MANNER OF PAYMENT
IV.A.1 Payment will be made based on the progress of work done by the
SECOND PARTY who shall submit an accomplishment report and
progress billing to the FIRST PARTY. The report and billing shall be
subject to inspection and/or verification by the FIRST PARTY’s Project
Engineer and Inspectorate Team, for approval.
IV.A.2 The PARTIES agree that payment shall only be made once the FIRST
PARTY is satisfied that the progress and accomplishment billing are true
and correct.
B. ADVANCE PAYMENT
IV.B.1. The FIRST PARTY shall allow the SECOND PARTY to avail of a Thirty
Percent (30%) down payment to mobilize and purchase the materials
needed for the works and installation. The remaining balance of the whole
contract amount shall be collected through accomplishment billings.
NELSON M. CAB
IV.B.2.
NCVR If the down
Engineering payment
Steel has not
Fabrication andbeen repaid before taking over or before
termination of the
Industrial Servicescontract, the whole of the balance shall immediately
become due and payable by the SECOND PARTY to the FIRST PARTY.
IV.C.1. All payments of billing shall be subject to the mandatory TWO PERCENT
(2%) Withholding Tax;
IV.C.2. The FIRST PARTY shall deduct TEN PERCENT (10%) on the gross billed
amount as retention to guarantee all warranty undertakings of the
SECOND PARTY. The retention fund shall be released only upon
completion and acceptance by the procuring agency;
IV.C.3. The FIRST PARTY shall deduct TWENTY-FIVE (25%) PERCENT on the
gross billed amount, as recoupment to the mobilization fund paid in
advance to the SECOND PARTY. This shall be enforced in every
progress billing by the SECOND PARTY until the 30 % mobilization fund
is fully paid.
ARTICLE V
DELIVERY
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KB0043
Supply and Delivery of Materials
NCVR Engineering Steel Fabrication and Industrial Services
V.1. The materials shall be delivered to the project site in Laguitas,
Malaybalay, Bukidnon within the duration of the contract by the SECOND
PARTY.
b. Charge a penalty of 0.25% of the total contract price for every day
of delay or breach of the delivery schedule by the SECOND
PARTY; or
c. Give notice to the SECOND PARTY within five (5) days in case of
a mistake in the delivery and charge the variance of the prices to
the SECOND PARTY. The demobilization of the materials shall be
at the expense of the SECOND PARTY.
ARTICLE VI
INSPECTION AND ACCEPTANCE
A. GENERAL PROVISION
V.A.1. The SECOND PARTY agrees that the FIRST PARTY’s payment under
NELSON
this M. shall
Contract CAB not be deemed as an acceptance of any materials
deliveredSteel
NCVR Engineering hereunder.
Fabrication and
Industrial Services
V.A.2. The SECOND PARTY agrees that any acceptance by the FIRST PARTY
does not release the SECOND PARTY from any warranty or other
obligations under this Contract.
V.A.3. Title to the materials and works shall pass to the FIRST PARTY when
they are delivered, inspected, and accepted by the FIRST PARTY. The
risk of loss, injury, or destruction of the materials shall be borne by the
SECOND PARTY until the title passes to the FIRST PARTY.
B. MATERIALS
V.B.1. Acceptance of the delivered items shall be deemed to occur on the date
when, in the reasonable opinion of the FIRST PARTY, the delivered items
conform to the stipulated specification. The FIRST PARTY shall have
thirty (30) calendar days after proper receipt of the materials to inspect
them and either accept or reject them as non-conforming with this
Contract.
V.B.2. The SECOND PARTY agrees that the final acceptance occurs when
FIRST PARTY executes and returns to the SECOND PARTY the signed
delivery receipt and/or acknowledgment receipt within thirty (30) calendar
days but only after the necessary inspection was conducted.
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KB0043
Supply and Delivery of Materials
NCVR Engineering Steel Fabrication and Industrial Services
V.B.3. All materials not found upon delivery shall be notified to the SECOND
PARTY within seven (7) days. No substitutions shall be made without
prior authorization by the FIRST PARTY through its authorized technical
Engr. RODUARDrepresentatives.
MICHAEL C. BUSTILLO
RFB Construction Corporation
C. WORKS AND PROGRESS BILLING
V.C.2 The parties agree that FIRST PARTY shall conduct a periodic inspection
at least twice a month to inspect the quality and program of works, for
billing, reconstruction, replacement, and other purposes.
ARTICLE VII
WARRANTY AGAINST NON-PERFORMANCE
VII.1 Non-performance arises when the SECOND PARTY fails to perform the
required works under this Contract;
VII.2
The SECOND PARTY shall be required to put up warranty security in the
form of SURETY BOND CALLABLE ON-DEMAND issued by any surety
or insurance or bonding company accredited by the Insurance
Commission and duly accepted by the FIRST PARTY, or a PERSONAL
CHECK (to be returned after the completion of the obligations in the
contract). The amount of the surety bond callable on-demand or personal
NELSON
check shallM.
be CAB
equivalent to One Hundred Percent (100%) of the Contract
Price. Steel Fabrication and
NCVR Engineering
Industrial Services
ARTICLE VIII
WARRANTY FOR WORKS AND MATERIALS
VIII.1. The SECOND PARTY shall guarantee that the work done will be by the
specification of the Project as required by the FIRST PARTY.
VIII.2. The warranty for the quality of materials and work of the SECOND
PARTY shall extend to the period of Twenty-Four (24) months from the
final acceptance of the procuring agency.
VIII.4. If any defects are found, the PARTIES obligate themselves to perform the
following:
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KB0043
Supply and Delivery of Materials
NCVR Engineering Steel Fabrication and Industrial Services
b. The SECOND PARTY shall repair or replace any of the alleged
defective work at its cost including all labor and materials;
ARTICLE IX
RESPONSIBILITIES TO MANPOWER
IX.1. The SECOND PARTY shall maintain at all times a sufficient number of
laborers and skilled workers, sufficient to meet the program of works that
the Procuring Agency has imposed in the contract.
IX.2. The SECOND PARTY shall, at all times during the terms of this Contract,
keep on the job site a competent superintendent to prosecute the work in
accordance with the drawings, specifications, and other instructions. The
superintendent shall act as an agent of the SECOND PARTY in its
absence and all formal instructions given to him shall be binding as if
given directly to the FIRST PARTY.
IX.5. The SECOND PARTY shall also be solely and exclusively responsible for
any death, injury, or damage caused to or by the personnel or agents of
the SECOND PARTY to any third person should the cause of such death,
damage, or injury be due to the fault or negligence of the SECOND
PARTY’s personnel or agents.
IX.6. The SECOND PARTY shall also be liable for any loss or damage to any
materials caused by mishandling of its employees or laborers, or for the
reason of lack of skill, care, and experience, the materials have to be
removed and replaced for reason that the work is substandard or the
quality failed to pass the design and quality.
ARTICLE X
LIQUIDATED DAMAGES
X.1. The SECOND PARTY shall pay the FIRST PARTY Liquidated Damages
equivalent to One Percent (1%) of the cost of the unfinished portion of the
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KB0043
Supply and Delivery of Materials
NCVR Engineering Steel Fabrication and Industrial Services
project for each day of delay in the completion of the project, but not to
exceed Ten (10%) percent of the contract price. The start of delay shall
be reckoned from the end of the duration of this contract. The Liquidated
Damages shall be automatically be deducted from the collectibles, should
there MICHAEL
Engr. RODUARD be any, of C.
theBUSTILLO
SECOND PARTY from the FIRST PARTY. In the
event the collectibles of the SECOND PARTY are insufficient to pay the
RFB Construction Corporation
liquidated damages, the SECOND PARTY shall be obligated to pay the
same through cash or the issuance of a check.
X.2. In the event the cumulative amount of Liquidated Damages due to the
SECOND PARTY reaches Fifteen Percent (15%) of the Contract Price,
the FIRST PARTY is automatically entitled to TERMINATE the Contract,
without prejudice to other courses of action and remedies the SECOND
PARTY may avail.
ARTICLE XI
TERMINATION OF CONTRACT
XI.1 The presence of any of the grounds enumerated hereunder shall entitle
the FIRST PARTY to terminate the contract:
XI.3 Should the SECOND PARTY still fail to comply with its undertaking even
after receipt of the notice of the intended termination, the FIRST PARTY
may take over the works and/or secure the services of a third party to
undertake its obligations. The cost of completing the works shall be
shouldered by the SECOND PARTY.
ARTICLE XII
COMPLIANCE WITH LAWS
XII.1 Whenever applicable and/or binding upon the parties, the SECOND
PARTY, in the performance of its obligations, shall comply with all laws,
ordinances, decrees, rules, and regulations of both the national and local
governments.
ARTICLE XIII
SEPARABILITY CLAUSE AND ARBITRATION
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Supply and Delivery of Materials
NCVR Engineering Steel Fabrication and Industrial Services
XIII.1 In case any one or more of the provisions contained in this Agreement will
be declared invalid, illegal, or unenforceable, the validity, legality, or
enforceability of the remaining provisions contained `herein, insofar as still
Engr. RODUARDconsistent with theC.declared
MICHAEL purposes of the parties, shall not in any way
BUSTILLO
be affected or impaired thereby.
RFB Construction Corporation
XIII.2 Any dispute or controversy of any kind whatsoever between the FIRST
PARTY and the SECOND PARTY which may arise out of or in connection
with this Agreement shall be referred to the proper courts in Butuan City,
Region XIII to the exclusion of other courts.
ARTICLE XIV
NON-WAIVER
XIV.1 The inaction or silence by any of the parties herein concerning non-
compliance by the other of their respective obligations shall not be
construed or interpreted as a waiver or consent by the aggrieved party of
said non-compliance.
XIV.2 The parties hereto further agree to execute and/or submit such other
documents and papers as may be deemed necessary to
realize/accomplish the purposes of this Agreement or necessary for its
approval.
RFBNELSON M. CAB
Construction Corporation NCVR ENGINEERING STEEL
NCVR Engineering Steel Fabrication and FABRICATION AND INDUSTRIAL
Industrial Services SERVICES
First Party Second Party
By: By:
______________________________ _______________________________
RODUARD MICHAEL C. BUSTILLO NELSON M. CAB
____________________________ ___________________________
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NCVR Engineering Steel Fabrication and Industrial Services
ACKNOWLEDGMENT
Engr. RODUARD MICHAEL C. BUSTILLO
RFB Construction
REPUBLIC OF THE Corporation
PHILIPPINES )
In the City of BUTUAN . . . . . . . . . . . ) S.S.
BEFORE ME, a Notary Public for and in the city of Butuan, this ___th day
of ___________ 2022, personally appeared:
Nelson M. Cab
This instrument, consisting of nine (9) pages including this page wherein
this acknowledgment has been signed by the parties and their instrumental
witness on each and every page thereof.
WITNESS MY HAND AND SEAL on the page and at the place first above
written.
NELSON M. CAB
NCVR Engineering Steel Fabrication and
Industrial Services
NOTARY PUBLIC
Page No. _______;
Doc. No. _______;
Book No. _______;
Series of 2022
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Supply and Delivery of Materials
NCVR Engineering Steel Fabrication and Industrial Services