Contract for the Painting of

Constant Jurgens Building (UB-building)

Province of Nueva Vizcaya
Dominated as Contract No. 01-14
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This MEMORANDUM OF AGREEMENT made and entered into this _____ day of
March, 2013 in Bayombong, Nueva Vizcaya by and between
SAINT MARYS UNIVERSITY, an educational institution duly organized
and existing under Philippine laws, with business address at Don
Mariano Marcos, Bayombong, Nueva Vizcaya, herein represented by its
President, REV. RENILLO H. STA. ANA, CICM,
and
NOEL F. DE GUZMAN, with address at No. 23 Jaena St., Don Tomas
Maddela, Bayombong, Nueva Vizcaya hereinafter referred to as the
CONTRACTOR
WITNESSETH
WHEREAS, SAINT MARYS UNIVERSITY has called for bids for the Painting of Fr
Achilles De Gryse building located at Don Mariano Marcos, Bayombong, Nueva
Vizcaya which project calls for masonry and welding works;
WHEREAS on the date of opening of bids, the proposal submitted by the
CONTRACTOR was accepted by SAINT MARYS UNIVERSITY;
NOW, THEREFORE, the above-named parties hereby agree on the following
stipulations:
1. SCOPE OF WORK: For the consideration of ONE HUNDRED SIXTY NINE
THOUSAND NINE HUNDRED PESOS (P169,900.00) the CONTRACTOR
hereby make the Painting of Achilles De Gryse building located at Don
Mariano Marcos, Bayombong, Nueva Vizcaya in accordance with Work
Specifications and Plans, a copy of which is herewith attached as Annex A to
form part of this Memorandum of Agreement. The consideration covers the
price of LABOR ONLY. The MATERIALS as specified in the Bill of Materials, a
copy of which is herewith attached as Annex B to form part of this
Memorandum of Agreement, shall be at the expense of the Saint Marys
University.
2. TIME OF COMPLETION: The CONTRACTOR is expected to finish the work
within thirty five (35) working days which shall be reckoned one (1) week
after signing the contract. The CONTRACTOR shall be liable to pay SAINT
MARYS UNIVERSITY by way of liquidated damages, the penalty of 1/10 of one
percent (1%) of the Contract Price for each day of delay in the completion of
the Work, except when the delay is due to force majeure or fortuitous event,
or upon lawful order of competent authority. In such an instance, the
CONTRACTOR shall be given an extension of time equivalent to the period
during which he was unable to perform painting works;
3. EXTRA WORK: Should SAINT MARYS UNIVERSITY require the
CONTRACTOR to perform work over and above the originally required
and as agreed upon in this agreement, the additional cost and
expenses shall be added to the contract amount or price. In said case,
the cost of additions or reductions shall be mutually agreed upon in
writing by SAINT MARYS UNIVERSITY and the CONTRACTOR with the
intervention, recommendation and approval of the aforesaid
CONTRACTOR before execution of said modified agreement and said
CONTRACTOR shall compute and certify as to the value of such

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5.

6.
7.

8.

additional or other works and of works omitted as soon as practicable,

and the amount so ascertained shall be added or deducted as the case
may be, from the contract amount or price.
PAYMENT TERMS: SAINT MARYS UNIVERSITY agrees that in consideration of
the faithful performance of his undertaking under this Agreement, the
CONTRACTOR shall be paid the total amount of ONE HUNDRED SIXTY NINE
THOUSAND NINE HUNDRED PESOS (P 169,900.00), to cover the LABOR COST
ONLY and he shall be paid in the following manner:
a. Upon signing of this Memorandum of Agreement, SAINT MARYS
UNIVERSITY shall pay the CONTRACTOR an initial down payment
equivalent to 30% of the total consideration, i.e. FIFTY THOUSAND
NINE HUNDRED SEVENTY PESOS (P 50,970.00)
b. The remaining balance shall be paid on a weekly basis on the
percentage of completion of the work upon inspection and
recommendation by SAINT MARYS UNIVERSITY or its representatives.
GUARANTEE. The CONTRACTOR shall make good any defect in materials and
workmanship which may appear or become evident within one (1) year after
acceptance of SAINT MARYS UNIVERSITY of the project of this contract, and if
within five (5) days from the date of notice by SAINT MARYS UNIVERSITY to
the CONTRACTOR of such defects, it may, at its discretion, have the work
done by another party at the expense of the CONTRACTOR. This is without
prejudice to the right of SAINT MARYS UNIVERSITY to file an action for
damages and other appropriate legal remedies against the CONTRACTOR.
PERMITS AND FEES. All expenses for permits may be necessary for the
painting of the building shall be borne by SAINT MARYS UNIVERSITY.
INSURANCE AND OTHER CONDITIONS. The CONTRACTOR shall secure
insurance to protect itself against claims for damages for personal injury
including death, caused either to its employee(s) or to any third persons, and
for claims of any nature arising out of their duties as employees of the
CONTRACTOR. The employees of the CONTRACTOR shall be hired directly by
the CONTRACTOR, and this contract shall not be deemed to constitute a
contract of employment by and between SAINT MARYS UNIVERSITY and any
of the men hired or taken by the CONTRACTOR.
MISCELLANEOUS STIPULATIONS
a. SAINT MARYS UNIVERSITY shall provide full information as to the
requirements of the project. The CONTRACTOR, having the
responsibility of proving for all the manpower and labor for this project,
shall be the employer of all the workers and shall be responsible for all
matters pertaining to such labor force;
b. The CONTRACTOR shall at all times allow the duly authorized
representative of SAINT MARYS UNIVERSITY to inspect the progress of
the Work and to demand that the Work be done in accordance with the
agreed specifications;
c. The representatives of SAINT MARYS UNIVERSITY shall always be
allowed to inspect the project at all times;
d. The CONTRACTOR shall, for the duration of the project, see to it that all
laws, government regulations, and Municipal ordinances and
regulations governing employment and painting are faithfully and
strictly observed;
e. The CONTRACTOR shall furnish SAINT MARYS UNIVERSITY, on the
proper amount of SSS, PHILHEALTH, and Employees Compensation
and laborers income taxes withheld have been remitted to the proper
government agencies concerned at the time required by law, and the
wages and other benefits paid to workers are in accordance with the
provisions of law;
f. The CONTRACTOR shall observe safety precautions to ensure the
safety of the workers on site and the general public as well as to
prevent damage to adjacent properties;
g. The CONTRACTOR guarantees quality of workmanship against any
defects. Cost of material wastages arising from defects of

workmanship like kapak and/or similar or other defects shall be

borne by the CONTRACTOR ; and
h. It shall be the obligation of the CONTRACTOR to clear the premises of
all debris immediately upon completion of the job and to have the
premises broom-cleaned before turnover to SAINT MARYS UNIVERSITY.
The parties hereto hereby agree to full performance of the covenant herein.
IN WITNESS WHEREOF, the parties have signed this Memorandum of
Agreement this 18th day of March 2013 in Bayombong, Nueva Vizcaya.

REV. RENILLO H. STA. ANA, CICM

University President
For SAINT MARYS UNIVERSITY
SMU ID No. 2104
Issued on 10 June 2010
Issued at Bayombong, Nueva Vizcaya

NOEL F. DE GUZMAN
CONTRACTOR
ResCert No.28415664
Issued on: 1-12-2013
Issued at: Bay., N.V

SIGNED IN THE PRESENCE OF

MRS, VENICA S. ACOSTA

Signature Over Printed Name
Printed Name

Engr PASCUAL B. CABATIC

Signature Over

ACKNOWLEDGEMENT
REPUBLIC OF THE PHILIPPINES
PROVINCE OF NUEVA VIZCAYA
MUNICIPALITY OF BAYOMBONG

S.S.

BEFORE ME, this 18th day of March 2013 appeared Rev. Fr. RENILLO H. STA.
ANA, CICM and Mr. NOEL F. DE GUZMAN personally known to me to be the same
persons who executed the foregoing instrument containing three (3) pages
including this page where the acknowledgement is written, and they acknowledged
to me the same is their free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and fixed my notarial seal,
the day, year and place above written.

Doc. No. ____

Page No. ____
Book No. ____
Series of 201_.
SCHEDULE OF PAYMENT
Activities
Mobilization (Move-in)
1. Erection of Scaffoldings
2. Sanding , 1

Payment
P50,970.00

Remarks
30% of P169,900.00
Remaining: P 118,930.00

3. Painting, first coat with white color

4. Apply putty to fill patches
5. Sanding , 2
6. Painting, second coat with color
7. Painting, third coat with finish color
8. Apply varnish to panel doors & louver
type wooden windows
9. Painting of steel grills
Move-out

P29,732.00

47%

P29,732.00
P29,732.00

65%
82%

P29,734.00
100%