CONTRACT AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

The Contract Agreement dated __________________________is executed by and between:

________a corporation duly organized and existing under and by virtue of the laws of the Republic of
the Philippines, with principal office address at ___________, represented herein by its
____________, hereinafter referred to as the OWNER;

-and-

____________ a corporation duly organized and existing under and by virtue of the laws of the
Republic of the Philippines, with principal office at __________s represented herein by its President &
CEO, Patrick M. Mc Crann, hereinafter referred to as the CONTRACTOR.

WITNESSETH That:

WHEREAS, the OWNER intends to perform the General Construction Works –

Civil/Structural/Architectural contract package for the Proposed Disaster Recovery Building and
Modernization of Existing Office Building located at B_______________________ Philippines, herein referred
to as the PROJECT.

WHEREAS, the CONTRACTOR has represented and warranted itself as being capable,
competent and duly licensed to construct and to complete the PROJECT strictly in accordance with the
plans and specifications attached herewith as Contract Documents “e” and “f”.

WHEREAS, the OWNER retained the services of_________________________ to act as the

Project Manager/ Construction Manager/ Quantity Surveyor for the OWNER (hereinafter referred to as the
“Project Manager” or the “Owner’s Representative”).

WHEREAS, on the basis of the foregoing representation and warranty of the CONTRACTOR, the
OWNER has accepted the offer of the CONTRACTOR to construct the PROJECT.

NOW THEREFORE, for and in consideration of the foregoing premises and the covenants and
undertakings hereinafter set forth, the Owner and the Contractor (collectively, the “Parties”) hereto agree
as follows:

1. Contract Documents

The Works shall be commenced and completed in accordance with the terms and conditions of the
Contract Documents listed hereunder, which in the event of any inconsistency or conflict between
or among them, shall have the following order or priority:

a) This Contract
b) Contract Award or Purchase Order
c) Special Conditions of Contract;
 d) General Conditions of Contract;
e) Drawings
f) Specifications
g) Bid Bulletins, Minutes of Pre-Bid Meeting(s) and other post Bid Correspondence;
h) Contractor’s Final Proposal dated _______;
i) Contractor’s Approved Master Construction Program;
j) Direct Contractors and Suppliers’ Approved Construction Program, whenever applicable;
k) Contractor’s Approved Manpower Schedule;
l) Contractor’s Approved Equipment Schedule and
m) Other itemized Bid Documents

2. Scope of Work:

2.1 The Contractor shall undertake the General Construction Works –

Civil/Structural/Architectural contract package for the Project in strict compliance with the
Contract Documents.

2.2 The Contractor shall indemnify and hold harmless the Owner, its agents and
employees from and against all claims in respect of any negligence/ omission, damages,
losses and expenses in case of litigation arising out of the Contractor’s performance of the
Works.

3. Contract Period:

3.1 Notwithstanding the date of execution of this Contract, the Works shall commence
and be completed on the date stated within Appendix “A” to this Contract.

3.2 The Contractor acknowledges the fact that Nominated and Direct Contractors/
Suppliers, other contractors, sub-contractors, suppliers, vendors, or even the Owner may carry
out works on adjacent sites or within the Site itself. The Contractor shall coordinate all Site
activities and follow the Owner’s instructions to prevent interference that may adversely affect
the progress of the Works or the Project as a whole.

3.3 Interference with the Works, should it arise, shall be contained, coordinated and
remedied so as not to serve as ground for slowing down, delaying or failing to execute the
Works.

4. Contract Sum:

For and in consideration of the construction and completion of the Works in accordance with the
Contract Documents, the Owner shall pay the Contractor the sum of Philippine Pesos:
_____________ ONLY, (the “Contract Sum”) under the following terms and conditions:

4.1 The Contract Sum is VAT Exclusive .

4.2 The Contract Sum is a lump sum and fixed price until completion with all quantities
and unit rates guaranteed by the Contractor, and in full compliance with the Contract
Documents.

4.3 The Contractor is deemed to have included in the Contract Sum all labor, overtime,
materials, plant, allowances, and sundries necessary to complete the Works. Contractor shall
not be allowed to charge additional costs in the event that it failed to include certain items
necessary to complete the Works.

4.4 That the Contract Sum is a guaranteed maximum quantities in consideration of the details
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Contract Agreement Page 2 of 5
General Construction Works - CSA (Ref: Bid Documents – October 2017)
Proposed Disaster Recovery Bldg. & Modernization of Existing Office Bldg. Prepared by: Rider Levett Bucknall Phils., Inc.
 and information indicated in the plans, specifications, bid documents, bid bulletins, minutes of
pre-bid meeting, letters and transmittals emanating from the owner, designer, construction
manager, quantity surveyor..

4.5 That the Contract Sum is a lump sum which include everything indicated in the plans,
specifications, bill of quantities, bid documents, instruction to bidders, bid bulletins, minutes of
the pre-bid meeting, letters and transmittals emanating from the construction managers,
quantity surveyor unless otherwise an item is indicated as excluded in the bid and under
provisional items

4.6 All sums payable to the Contractor shall be paid in Philippine Pesos.

5. Contractor’s Right to Take-Over Direct Contract/Supplier Contract Works:

The Contractor shall have the same rights to take over the Nominated and Direct Contract/Supplier
Works in the same manner has the Rights of the Owner has according to clause 2.13 of the General
Conditions of Contract subject to agreement with the Project Manager and Owner.

6. Project Management Team:

The Project Management Team shall consist of the following:

a) The Project Manager shall be Rider Levett Bucknall Philippines, Inc.

b) The Construction Manager shall be Rider Levett Bucknall Philippines, Inc.
c) The Architect of Record shall be Pablo R. Antonio, Jr. Design Consultancy Inc.
d) The Design Consultant shall be Pablo R. Antonio, Jr. Design Consultancy Inc.
e) The Structural Consultant shall be Antonio V. Gutierrez & Associates
f) The Mechanical & Fire Protection Engineer shall be RD Aguilos Engineering Consultants
g) The Electrical Engineer shall be M.A. Alix & Partners
h) The Plumbing & Sanitary Engineer shall be N.G. Yumol Associates Consulting Engineers
i) The Quantity Surveyor shall be Rider Levett Bucknall Philippines, Inc.
j) Such other persons or entities to be named by the Owner from time to time during the
Contract Period.

6.1 The Project Management Team has executed a contract with the OWNER which is exclusively
independent from the CONTRACT executed between the OWNER and CONTRACTOR.

6.1 Any default, negligence, misfeasance or malfeasance directly or indirectly attributable to the
PROJECT MANAGEMENT TEAM shall discharge the CONTRACTOR from any liability thereon.

During the Contract Period, and subject to the Contract Documents, the Owner may change the
persons or entities listed above.

The coordination for the Project and the Works shall be in accordance with the Project Management
Plan to be prepared by the Project Manager and approved by the Owner.

7. Notices:

For purposes of the Contract the Parties shall send all written notices required to the following
addresses:

To the Owner :

Attention:

Thru : ______________
 To the Contractor :

Attention:

Both parties may change the persons authorized to receive notices and such change shall take effect
only on the date of receipt of a notice in writing by one party to the other.

All written communications by the Direct Contractor/ Supplier to the Owner shall be coursed through
the Contractor.

8. Other Terms and Conditions:

The other terms and conditions under which the Works shall be constructed and completed are
provided in the other Contract Documents signed by the Contractor and the Owner which form an
integral part of the Contract, and to which reference should be made by these parties for their other
respective rights and obligations.

The Contract Documents specified in Clause 1, shall supersede all other prior communications,
promises, undertakings of whatever nature, whether oral or written, between the parties on the same
subject matter which have not been incorporated into the Contract or attached as part of the Contract.

IN WITNESS WHEREOF, the parties hereto executed this Construction Agreement on the date first above
written.

Signed in the presence of:

ACKNOWLEDGEMENT
Republic of the Philippines
Clark Pampanga.

I certify that on this day, before me, a notary public duly authorized in the city named above to
take acknowledgements, personally appeared:
Name Government ID No. Date/ Place of Issue

_______________ _______________

_______________

who were identified by me through competent evidence of identity to be the same persons described in the
foregoing instrument, who acknowledged before me that their respective signatures on the instrument were
voluntarily affixed by them for the purposes stated therein, and who declared to me that they have executed
the instrument as their free and voluntary act and deed and that they have the authority to sign on behalf of
their principal.

This instrument consists of five pages (5 pages) pages, including the page where this acknowledgement is
written. Each and every page of this instrument has been signed by the parties and their witnesses.

Witness my hand and seal this ____________________________

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