CONTRACT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Contract Agreement is made and executed on February 19, 2023, by and between:

Mr. Michel Garin-Davet & Mrs. Vicky Garin-Davet, with residence address at Lot 1858, Paralaya
Street, San Matias, Santo Tomas, Pampanga, hereinafter referred to as the OWNER;

- And -

E.S. MUTUC ARCHITECTURE AND INTERIOR DESIGN STUDIO, with business address at at
1177 Tanguile St., Blue diamond Subdv., San Vicente, Sto. Tomas, Pampanga, duly
represented by its Sole Proprietor, Architect Erwin S. Mutuc, hereinafter referred as the
CONTRACTOR.

Each a “Party”, collectively “Parties”.

WITNESSETH: That –

WHEREAS, the CONTRACTOR undertakes the Design & Construction of Proposed Two-Storey Residential, with
5 Bedrooms, 5 Toilet & Bath, 4 Car Garage (hereinafter referred to as the “Project”) located at Lot 1858,
Paralaya Street, San Matias, Santo Tomas, Pampanga.

WHEREAS, the OWNER has approved the floor plan, design & cost estimate duly provided by the CONTRACTOR,
and therefore this Project shall be awarded to E.S. MUTUC ARCHITECTURE AND INTERIOR DESIGN STUDIO.

Now, therefore, for and in consideration of the foregoing premises and other covenants hereinafter named, the
Parties have agreed as follows:

ARTICLE I – CONTRACT DOCUMENTS

1.1 The following documents shall be deemed to form and be interpreted and construed as part of this
Agreement:

a. Approved Floor Plan and Perspective

b. Bill of Quantities Cost Estimate
c. Construction Schedule with Billing Progress Guidelines

ARTICLE II– SCOPE OF WORKS

2.1 THAT the CONTRACTOR shall in accordance with the provisions of and subject to the conditions
contained in the documents referred to in Article I hereof, with a provision that this construction activity
belongs to E.S.MUTUC ARCHITECTURE AND INTERIOR DESIGN STUDIO, shall fully and faithfully
perform all labor, furnish the needed materials and equipment, and perform labor and services
necessary to complete the Construction of the Proposed Two-Storey Residential, with 5 Bedrooms, 5
Toilet & Bath, 4 Car Garage, located at Lot 1858, Paralaya Street, San Matias, Santo Tomas, Pampanga,
as per plan and specifications of the OWNER. The work consists of the following specific work items:

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 I. Complete Working Drawings
a) Architectural Detailed Floor Plans, Elevations, Sections, Exterior Perspective, Site
Development Plan, Vicinity Map
b) Electrical & Power Layout, Voltage Drop Circuit Computations
c) Sanitary & Plumbing, Water & Sewer Line System, Isometric Drawings
d) Structural Design Analysis, Column & Footing Details, Slab & Beam Details, Truss Frame
& Roof Details
e) Architectural Specifications
f) Bill of Materials & Cost Estimate
g) Complete Pool Design Drawings, Details, Plumbing Layout, Pool Structural Design
h) Landscape Design & Site Development drawings, List of plant species catalogue
i) Solar Panel Electrical Diagram & Layout
j) CCTV System Wiring & Auxiliary diagram layout
k) Automatic Sectional Roll-up Garage Door Parts Layout Drawings

II. Permits
a) Legworks & Fees for the Application of Building permit, that includes Barangay Clearance
for Demolition & New construction, Fire Safety Clearance (BFP), Dole Clearance (COSH),
Electrical Wiring permit & Certificate of Electrical Inspection, Unified Building Permit

III. Demolitions, Excavation and Site Clearing Works

a) Demolition of 2 existing structures, Main house and small house, partition wall, perimeter
wall fence
b) Clearing of the site lot, transport & disposal of demolished debris, that will be
advantageous to the Mobilization of Manpower, Tools and equipment (tree cutting under
DENR list shall be under OWNER’s account if required)
c) Excavation of soil for the Structural footings, wall footings of the main house & perimeter
fence, tie beams, Septic tank and other plumbing & electrical stab-out needed.
d) Soil fill for the whole lot @ 1.10 mtrs finish level of the site, 1.30 mtrs for the House
Ground floor elevation
e) Termite control spray application on soil property and all wood doors & jambs, cabinetries
& joineries

IV. Structural Works

a) Construction of Columns, footings, wall footings, rebar framings
b) Construction of Perimeter wall, beams, Tie Beams, Structural Beams
c) Supply and Installation of Truss Framing System and its attachment to the Structural
Column and beam of the Structure

V. Architectural Works
a) Supply and Installation of Perimeter wall, exterior walls and interior wall partitions
b) Supply and Installation of interior ceilings boards and framing support
c) Supply and Application of paint on walls, finishing of ceilings and concrete under slab
areas.
d) Supply and Installation of Floor Tiles, Wall tiles for Toilet & Bathrooms, Exterior tile for
front façade, Lanai floor and Balcony floor
e) Waterproofing of Balcony areas, laundry room, toilet, bathrooms floors & walls, roof
parapet walls
f) Supply and Installation of 0.6mm thick G.I. pre-painted longs span roof white color,
stainless steel roof gutter, & 20mm thick double-sided reflective roof insulation pure
aluminum foils with double layer
g) Supply and Installation of Steel Doors with jambs with 3 lock points in main entrance &
kitchen, laminated doors with jamb for bedrooms & toilets, complete hinges, door
stopper, mechanisms, lever type Lockset with keys for all doors, door closer for main door
& kitchen access door
h) Supply & Installation of Aluminum framed 6mm Tempered glass for all operable windows,
swing glass doors, fixed glass windows, tempered balcony glass railings with stainless steel

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 mechanisms, fixed & swing door Shower tempered glass partitions all with stainless steel
mechanisms,
i) Sliding doors in lever type locking system, threshold ramp aluminum section to be applied
in the balcony glass door.
j) Supply and installation of quartz/granite in Kitchen Countertop & kitchen island, master
toilet & bath lavatory countertop, kitchen backsplash wall tile, staff kitchen counter &
backsplash tiles
k) Supply and installation of floor tiles in the gate entrance, porch, pool deck, shower area,
living, dining, kitchen, stairwell riser & thread tiles, all bedrooms, walk-in closets, toilet &
bathrooms, staff quarters, hallways, 1st floor balcony floor, front balcony, car parking
floor.
l) Supply and Installation of Stairwell grabrail & guard rail 8mm tempered glass in stainless
framing & accessories, Balcony guard rail 8mm tempered glass in stainless framing &
accessories.

VI. Electrical Works

a) Supply and installation of all Electrical Power outlets, switches
b) Supply and installation of all Electrical wirings, junction Box, and Panel Board
c) Supply and installation of Wall sconce in front, Lighting cove light, Pin Lights and Main light
fixture
d) Supply and installation of Main Power line in connection to the Structures Electrical drop
to Main panel Board
e) Preparation of electrical wires & Power outlets for Air-condition Unit Installation, & Water
Heater (direct system), CCTV cameras & data cabinet, solar panel power provision
preparation
f) Preparation for Internet Cable (entry Wiring route only)
g) Provision for power source of pool pump room

VII. Sanitary and Plumbing Works

a) Supply and Installation of Sanitary and waterline pipes, floor drains, Downspout to Storm
drain
b) Supply and Installation of 5 bathrooms, powder room & pool shower room Sanitary
Fixtures, water closet, bidet, lavatories, bidet spray, Shower Fixtures, double tub Kitchen
sink with fittings & accessories, interior & exterior faucets
c) Connection to Water meter in line with water line provider
d) Supply and Installation of Septic tank and pipes interconnected within the system to sewer
drainage of subdivision/community/city
VIII. Miscellaneous Works
a) Supply and installation of Spray-painted Tubular Gate Fence, with epoxy primer, complete
hinges & lockset
b) Supply & Installation of Pumproom steel louver windows
c) Supply & Installation of Master Bedroom Headboard with led strip up light, headboard
wall with vertical grooves
d) Cabinetry and Millworks in Kitchen, kitchen island, master bedroom closet, master toilet
& bath under counter cabinet, staff kitchen undercounter cabinets, 1st floor bedroom
walk-in-closets
e) Supply and Installation of Outdoor Lighting Wall Sconce in front, right-side elevation,
perimeter wall exterior & interior with Electrical Wiring requirements
f) Supply and Installation of Tubular steel frame with polycarbonate roofing in Porch
entrance shallow pool area
g) Supply & Installation of Automatic Garage Doors 6mtrs X 2.5 mtrs opening, Single Panel,
Electronic motor 8 watts Speed 14 cm/s, flexible control, 220v/50hz equipped with
obstruct sensor, remote range 20 meters, High Torque Powerful Motor, 1200N, with 1
year warranty
h) Supply & Installation of Kitchen Island counter mounted 80cm euro series gas stove , 5-
burner in tempered glass, built-in Oven 64Ltrs 80cm glass & stainless steel, 100cm
stainless steel island series rangehood

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e) Supply & Installation of 5.5 KW off-grid solar panel system package that includes:
1. Scope of Works
- Framing and Mounting
- Installation of Solar Panel
- Stringing of DC Cable
- Cable laying DC and AC line
- Installation of Inverter
- Installation of Line protection devices and grounding
- Termination and tapping to the building main distribution panel
- Testing and Commissioning
- Turnover and Acceptance
- Access to app-based system monitoring
- Training on operation and maintenance of PV system for client’s personnel
2. Solar Power System Package
- 10 units of solar 550W
- PV Roll Kits
- DC/AC Breakers
- PV Cables& THHN Wires 25 mtrs
- Liquid tight Conduit 20 mtrs
- MC4 limiter, Wifi monitoring App
- ERC & DIMC Payments

f) Supply & Installation of CCTV & Alarm System

1. Scope of Works
- Electrical works
- Installation of CCTV Camera units
- Cable laying
- Installation of Data Cabinet
- Installation of Data Cable & Connections & Wire Tapping
- Termination and tapping to the building main distribution panel
- Testing and Commissioning
- Turnover and Acceptance
- Access to app-based system monitoring
- Training on operation and maintenance of CCTV system for client’s
personnel
2. System Package
- Data cabinet metal plate
- 12 pcs CCTV Camera 2mp HD Dahua with voice and motion sensor
- 16 channel DVR recorder 1080p Dahua
- Junction Box
- Centralized 20a
- Hard disk HDD 2TB
- Connectors
- Cable wire 20 meters each camera

g) Supply & Installation of Automatic Sectional Roll-up Garage Door

1. Scope of Works
- Supply, Delivery & Installation of all materials, accessories, & Insulated
aluminum panels for 6mtrs X 2.5 meters opening
- Double wall with 45mm thick X 50cm width Box Type
- 1 year warranty on workmanship
- Light bulb of a motor, 1 month warranty only
- Electronic motor 8 watts
- Speed 14cm per second, flexible control
- Automatic shutdown within 180 seconds
- Installation of Obstruct Sensor

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 - Supply of Remote range of 20 meters, 1 month warranty only, frequency
433Mhz
- High Torque Powerful Motor, 1200N
- Electrical works setup & installation of wirings from the breaker to the
outlet of garage & push button wirings
2. Inclusions
- Adjustment of the Whole Automatic door system once the road
elevation will be commenced by 1 meter high from the original road
level
- The drum & torsion spring level will be positioned below the bottom of
the beam.
h) Supply & Installation of Airconditioning Units
1. System Package
- 3 pcs of Split-Type 2 HP Standard Dual Inverter Split Type Aircon Model:
HSN24ISB (10FT Included Installation)
- 4 pcs of Split-Type 1.5HP Standard Dual Inverter Split Type Aircon Model:
HSN24ISB (10FT Included Installation)
- 1 pcs of Split-Type 3 HP Standard Dual Inverter Split Type Aircon Model:
HSN24ISB (10FT Included Installation) Excess copper tube for 3 hp
2. Scope of Works
- 1st. 10ft. copper tube/10ft. drainpipe.
- Supply of installation tools, welding equipment, manpower and
supervision.
- Provide installation materials such as, copper pipes, soft drawn seamless
copper pipes.
- Rubber insulation tubes, electrical materials including control wiring
conduit, condensate PVC drain line including fittings.
- Basic Metal Bracket for Outdoor Unit
- Brazing of copper tubing and covering of polyethylene tape.
- System dehydration and vacuuming.
- Testing and commissioning. /Turn Over
i) Construction of Swimming Pool 4 ½ feet & 1 feet with Water Falls Feature
1. Package

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 2. Scope of works
- Swimming pool layout.
- Installation of No. 5 CHB as permanent form.
- Installation of reinforcements using 10 mm and 12 mm dia. deformed bar
on wall and floor area.
- Electrical and plumbing rough-ins.
- Concreting by hand pack method to avoid cold joints.
- Waterproofing of wall and floor area using power mix 2-3 coats.
- Tiles installation using 40cm x 40cm ceramic tile on wall and floor area.
- Tiles installation using 60cm x 120cm tiles for the swimming pool walkway.
- Filtration and drainage installation.
- Filling of pool water. (Owner’s account)
- Conditioning of pool water.
- Turnover of project.

j) Landscaping Design and Installation Services

1. Package

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 2. Scope of Works
- Delivering of materials for landscape such as garden soil, plants, stones and
other equipment needed.
- Lay outing of landscape area, cultivation of soil and clearing.
- Planting and trimming of plant materials such as trees, bushes and other
plant element.
- Grass plantation for establishing.
- Watering of plant materials during the landscape construction period.
- Hauling / Disposal of excavated materials.
- Turnover of project.
- The Contractor shall perform gardening services, including furnishing all
labor, material, equipment, and services.

2.2 The CONTRACTOR shall submit the following to the OWNER before final payment is made.

a) One (1) set of reproducible in A1 size of tracing paper, three (3) of prints in A1 size of
Blueprints, and one (1) set in electronic format of “AS-BUILT” drawings if necessary for
any permit requirement.
b) Original Certificate of Final Acceptance.
c) Original copy of Warranty Certificates (in favor of the OWNER if available) for the
Materials/Equipment/Appliances supplied and/or installed. Period of warranty coverage
shall be six (6) months upon acceptance of the OWNER.

2.3 The CONTRACTOR shall undertake any other justified variation works instructed by the OWNER. Works
not included or specified on the approved design shall be considered Variation. Works caused by
unforeseen existing or actual site condition shall also be considered Variation. Variation works for a
particular location/area shall be based on the contract unit rates specified at the location/area where
the variation works occur, and shall be charged to the OWNER whenever specified design must be
implemented with extra cost implication to this contract.

ARTICLE III – TIME OF COMPLETION & BILLING CONDITIONS

3.1 The Construction works to be performed by the CONTRACTOR under this contract shall commence on
any day between March 2023 until December 2023, depending on the Notice to proceed by the
Municipal Building Official. The construction of the projects shall be completed within 42 working weeks
from the day of start. Should the CONTRACTOR refuse or otherwise fail to complete, the work stipulated
herein, the CONTRACTOR agrees to pay the OWNER, a liquidated damage an amount equal to One-
Tenth of One Percent (0.1%) of the total contract sum for each calendar day of delay and shall not
exceed ten percent (10%) of the contract price. Such amount shall be deducted from any money due,
or which may become due to the contractor under the contract and remaining billing of the
CONTRACTOR. If the CONTRACTOR declares bankruptcy, and or failure to continue the construction
activities within 30 days of last billing payment, and without communication, the OWNER may use this
contract to file a case under the legislative and legal ways. Settlement will be on the court’s decision
based on the actual scenario and proof presented.

3.2 In any case, if the OWNER fails to pay the progress billing due in time, the CONTRACTOR may give 15
days waiting time to settle the due payment. Failure to pay within the given payment date waiting time,
the OWNER must discuss the reasons with the CONTRACTOR and inform any cash flow adjustments
that may affect the billing. If the OWNER declares bankruptcy, and or failure to settle billing within 30
days of notice, and without communication, the CONTRACTOR may use this contract to file a case under
the legislative and legal ways. Settlement will be on the court’s decision based on the actual scenario
and proof presented.

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ARTICLE IV – CONTRACT PRICE

4.1 The Owner for and in consideration of the faithful and satisfactory fulfillment of the contract by the
CONTRACTOR in accordance with the terms and conditions herein provided of contract documents, the
OWNER agrees to pay the CONTRACTOR a fixed lump sum price of TWENTY MILLION PESOS
(Php 20,000,000), Contract Price, exclusive of Value Added Tax.

IX. The Contract Price is only valid for Three (3) Months, and subject to escalation affected by the oil
price hike & material cost increase in market value, and additional charge for the mentioned
Additional Works will be discussed & upon approval with the OWNER.

ARTICLE V – TERMS OF PAYMENT

5.1 The OWNER agrees to pay Progress Billing Schedule respectively of the contract package as follows:

5.2 The OWNER shall pay the CONTRACTOR the payment for preliminary floor plan & perspective, prior to
completing the detailed working drawings, then down payment after the building permit release &
before 1st day of construction, and progress billing indicated on the billing schedule & billing request
for payment every progress as mentioned above.

5.3 The OWNER shall release to the CONTRACTOR the 8% retained amount within Twelve (12) months,
after the turn-over of the Project to the OWNER, divided in Two (2) parts, every 6TH & 12th month
payment, thru Post-Dated Checks to be given after the Turn-over of the House Keys to the OWNER.
Failure of CONTRACTOR to fix the workmanship problems that may arise on the span, may result to
OWNER’S hold of the funds bank approval release, & should be formalized thru Letter of request to fix

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 house problems, and letter of completion of the said problems that occur within the Project scope,
with OWNER & CONTRACTOR signatures and date of occurrence.

5.4 The OWNER agrees to pay the CONTRACTOR for additional miscellaneous works which includes
expansion, addition, major adjustment of spaces, change of fixture type not within the cost estimate
limit, brand above the specified approved cost from the Bill of materials, & additional works not
included with the working drawings fully signed by both the Design Architect & OWNER; additional cost
estimate should be approved and paid by the owner prior before implementation.

ARTICLE VI – BOND

6.1 The CONTRACTOR shall furnish the OWNER a post-dated check equivalent to 10% of the contract
amount and shall serve as Monetary Bond between the OWNER and the CONTRACTOR. Post-dated
check shall be kept by the OWNER within the duration of the agreed contract period. After the turnover
& acceptance, the OWNER shall return the post-dated check to the CONTRACTOR.

6.2 The OWNER will pay the Construction Bond to the Developer of the Subdivision/ Village if applicable,
provided that any damage, obstruction & debris on the property, road & sidewalk, caused by the
CONTRACTOR’s manpower, activities, tools & equipment during the construction period, shall be
charged on the expense of the CONTRACTOR, and shall be paid after the evaluation of the Village
Administration, not more than two (2) weeks, from the Turn-over date of the Project.

ARTICLE VII – GUARANTEE

7.1 The CONTRACTOR guarantees the works against all defects to the OWNER, twelve (12) months upon
acceptance of the work, in writing.

7.2 The CONTRACTOR shall cover damages caused by any incident within the Construction period, i.e. fire,
damage of the project & property, theft, misuse & abuse of the construction equipment & materials.

ARTICLE VIII – SUPPORT & FACILITIES TO BE PROVIDED BY THE OWNER

8.1 The OWNER shall provide the following services and facilities, free of charge to the CONTRACTOR:

(a) Reasonable space on Site or in the building under construction for the erection by the
CONTRACTOR of his storage accommodation and for a working space.

(b) Temporary Supply for the Use of power and water for the work areas necessary in the proper
execution of the works on site, Charge shall be shouldered by the OWNER.

(c) After completion of the Project, application for the Building/Occupancy permit, Application
fees for Water & Electrical connection, legworks and fees and charges shall be with OWNER’s
expense, but provision for the drawing requirements and document requirements can be
supplied by the CONTRACTOR.

ARTICLE IX - OTHER CONDITIONS

9.1 This Contract Agreement, including the Contract Documents specified in Article I [“Contract
Document”], shall supersede and supplant all other prior communications, promises, covenants,
undertakings of whatever nature, whether oral or written, between the Parties on the same subject
matter which have not been incorporated into the Agreement or attached as part of the Contract
Document. No amendment or change of its provisions shall be allowed unless approved by the
authorized representatives or signatories of both Parties.

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 Further, any revision/correction/edit initiated by any of the Parties to this Contract Agreement shall be
null and void unless such revision/correction/edit is duly countersigned by the authorized signatories
of both Parties.

9.2 Termination of the contract, due to the discontinue of payment billing of the OWNER, personal reasons,
acts of nature or calamity, and similar scenarios, before the completion of the project, both parties shall
evaluate the actual accomplishment which the OWNER and settle the payment to the CONTRACTOR,
provided with termination agreement letter signed by both parties.

9.3 Construction methodology shall be approved and accepted by the OWNER. No additional cost shall be
claimed by the CONTRACTOR when complying with the approved construction methodology.

9.4 Upon road adjustment to 1 meter of the street parallel to the house, CONTRACTOR shall do the
adjustment of the Gate entrance position, soil fill, floor re-tiling of the gate entrance floor & car garage
parking floor. Same included is the Adjustment of the Automatic garage door in line with the finish floor
of the car parking and elevated from the new road elevation.

9.5 In any case the OWNER, has changes they want to adjust in actual construction, due to language
differences from the CONTRACTOR, shall be discussed accordingly & organize revisions and cost
estimate prior to approval and implementation on site. Language translation shall be verified clearly
and drawings and illustrations shall be presented to the OWNER as per requested, that is within the
scope of services of the CONTRACTOR.

9.6 This Agreement shall be governed and construed in accordance with Philippine law.

IN WITNESS WHEREOF, the Parties hereunto affixed their signatures, duly authorized, on
_____________________ at ________________________.

ESM ARCHITECTURE AND DESIGN STUDIO

OWNER

By: By:

MICHEL GARIN-DAVET ERWIN S. MUTUC

VICKY GARIN-DAVET

Sole Proprietor, Principal Architect

Signed in the Presence of:

David S. Mutuc
Operations Manager

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{Acknowledgement page follows.}

A C K N O W L E D G E M E N T

REPUBLIC OF THE PHILIPPINES)

) S.S.

BEFORE ME, a Notary Public for and in _______________ on this _________________ personally
appeared,

NAME ID DATE/PLACE OF ISSUE

Michel Garin-Davet
Vicky Garin-Davet

Erwin S. Mutuc PRC ID NO: 0038815 07-22-2016 / Sampaloc,

Manila

Known to me to be the same person who executed the foregoing instrument and acknowledge to me that the
same is their free and voluntary deed as well as the free act and voluntary deed of the corporations herein
represented.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal this
________________ at ____________________________.

Doc. No. _____________;

Page No. _____________;
Book No. _____________;
Series of 202__.

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