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KNOW ALL MEN BY THESE PRESENTS:

THIS AGREEMENT executed by and between,

Architect FERDINAND A. ALBAR, of legal age,single, a resident of 281 Lilac Street, San Juan Iriga
City,Cam. Sur, Bicol, hereinafter known as the CONTRACTOR,
-AND-
Mr. ALFREDO S. HERNANDEZ, also of legal age, married to Mrs. SARAH M. HERNANDEZ,
a resident of Block 5 Lot 100 Porto Fino South, Almanza 2 Daang Reyna,Las Piñas City, 1750., and
hereinafter known as the OWNER,
W I T N E S S E T H : That -
WHEREAS, the OWNER intends to construct the proposed {“Proposed Two-Storey 4-Bedroom
Residential Duplex”} located at {1716 LILAC STREET, COR. LEONILA ,SAN JUAN IRIGA CITY }, hereinafter
called the “PROJECT”;

WHEREAS, the OWNER has commissioned {ARCHITECT ON RECORD} to review the plans,
specifications, schedule and documents relative to the construction of the PROJECT (which documents
form part of the CONTRACT DOCUMENTS as hereinafter defined) who shall hereinafter be referred to as
the “ARCHITECT”;

WHEREAS, the OWNER has appointed ARCHITECT, as its agent, hereinafter to be referred to as
the CONSTRUCTION MANAGER, to oversee actual construction work on the PROJECT and to certify to
the satisfactory completion of such work stages of construction as provided in this Agreement;

WHEREAS, the CONTRACTOR has offered to the OWNER to undertake the implementation of
of the PROJECT based on the design development plans prepared by the Architect and issued by
theOWNER.

WHEREAS, on the basis of the above-mentioned representation and warranty by the


CONTRACTOR, the OWNER has accepted the offer of the CONTRACTOR to undertake aforesaid
construction works.

WHEREAS, the CONTRACTOR is willing and hereby undertakes to furnish/provide the labor,
materials and equipment and to perform all works necessary for the completion of the project in
accordance with the provisions of this Agreement;

NOW, THEREFORE, the OWNER and the CONTRACTOR, for and in consideration of the
foregoing and the stipulations herein set forth, hereby agree as follows:

1. That the CONTRACTOR hereby agrees to construct for the OWNER, the “Proposed Two-Storey 4-
Bedroom Residential Duplex” for and in consideration of the sum of “Five Million Nine Hundred
Thirty Four Thousand Two Hundred Seventy Six Pesos & Seventy centavos only (₱5,934,276.70).

2. That the CONTRACTOR hereby agrees that the said amount shall cover all the expenses for the
Architectural & Engineering Scope of Works, Labor and Materials as specified and in accordance
with the requirements of the Construction Working Drawings hereto attached;

3. That the OWNER shall pay the above consideration as follows:


1st Payment - 40% Upon Owners Approval Amounting to ₱2,373,710.68

2nd Payment- 20% As Per Work Accomplishment (Progress Billing) Amounting to


₱1,186,855.34

3rd Payment-20% As Per Work Accomplishment (Progress Billing)Amounting to ₱1,186,855.34

4th Payment-10% As Per Work Accomplishment (Progress Billing) Amounting to ₱593,427.67

Retention FEE - 10% on Turn Over of the Project Amounting to ₱593,427.67

4. That the CONTRACTOR hereby agrees that the said amount shall cover all the expenses for the
Construction Tools, Facilities,Equipments,Utilities,Safety,Security & Aid.

5. That the CONTRACTOR shall finish the Proposed Two-Storey 4-Bedroom Residential Duplex within
Two Hundred Eighty working days, excluding Sundays and legal holidays, counted 7 days after the
time the building permit shall have been obtained from the authorities;

6. The CONTRACTOR shall perform other works as follows:


a. Obtain and secure permits, clearances and certificates as follows:
a.1- Securing and payment of permits, clearances, like sidewalk occupancy, temporary water,
power utilities.
a.2 -Assist in securing and payment of other government clearances and certificates.
a.3-Assist in securing final occupancy permit.

7. That the CONTRACTOR shall be responsible for the timely provision of all items referred to in the
CONTRACT DOCUMENTS including the timely ordering and delivery of all materials to be provided by
the CONTRACTOR in order to ensure that performance of the work for the PROJECT is in accordance
with the CONTRACT DOCUMENTS.

8. That the CONTRACTOR shall provide everything necessary or appropriate toward the proper
accomplishment and completion of the PROJECT according to the true intent and meaning of the
drawings, plans and specifications and other Contract Documents taken together, whether the same
may or may not be particularly shown on the drawings or described in the specifications; PROVIDED
that, the same is reasonably to be interfered therefrom.

9. That the CONTRACTOR shall during the term of this Agreement coordinate with the work of other
tradesmen or contractors in addition to its own, and shall be directly responsible for the work of all
men under its control and supervision to insure the expeditious and satisfactory completion of the
PROJECT.

10. That the CONTRACTOR hereby recognizes the position of trust and confidence reposed on it by this
AGREEMENT and agrees to furnish its best skill and judgment and to cooperate with the
CONSTRUCTION MANAGERS or with any of the OWNER'S authorized representatives in furthering
efficient business administration and superintendence in the performance of this construction, to
have adequate supply of workmen and materials at all times, and to secure the execution of this
contract in the soundest way and in the most expeditious and economical consistent with the
interest of the OWNER.

11. That the CONTRACTOR agrees and binds itself to indemnify and hold the OWNER free and harmless
against any and all losses, costs, damages and expenses arising out of any claim or cause of action in
respect of any injury, sickness, disease or death of any person or loss of or damage to any property
suffered by reason of the failure, negligence, delay or conduct on the part of the CONTRACTOR
and/or its employees in the performance of its obligations hereunder arising out of or in connection
with the performance of this AGREEMENT and shall, at its own cost defend the OWNER in any
proceedings involving the same where such injury, sickness, disease, death, loss or damage is caused
or contributed to by the fault or negligence of the CONTRACTOR and/or its employees.

12. The CONTRACT shall perform all works in the manner specified in this AGREEMENT and in
accordance with the best principles, accepted practices and standards prevailing in the construction
and contracting industry

13. The CONTRACTOR shall take all adequate and necessary measures to protect the PROJECT, the
OWNER’s property, the personnel of the OWNER and of the OWNER’s other contractors and agents
at the site and, at the same time, take all measures to avoid or reduce to a minimum any
inconvenience to owners/occupiers of land, and the general public at or adjacent to the site when
performing the works.

14. The CONTRACTOR undertakes that it is fully aware of and has familiarized itself with all access,
operational and other requirements, restrictions and charges as may be imposed by any
governmental authority or agency concerned relative to and/or affecting the performance of its
work to complete the PROJECT.

15. The CONTRACTOR shall ascertain the exact position of all services, cables, pipes, equipment and
other items present on, in or under the jobsite and shall indemnify the OWNER against all costs,
expenses and claims arising out of any loss, disconnection, disruption, destruction or other
interference with such items resulting from the works undertaken by it.

16. That should the CONTRACTOR fail to finish the construction within the period herein specified,He
shall pay tha OWNER the amount of 2% of the total construction cost for each day of delay as
damages.

IN WITNESS WHEREOF, we have hereunder signed our names, this_____________day of___________


2017 at___________________________________________________________________ Philippines.

OWNER CONTRACTOR

WITNESSES:

_______________________________________ ___________________________________

REPUBLIC OF THE PHILIPPINES)


CITY/MUNICIPALITY OF LAS PIÑAS) SS.

BEFORE ME, a Notary Public for and in the Province / City of Las Piñas, this_____ day of______ 2018,
Personally came and appeared___________________with Residence Certificate2 No. A-____________
Issued on________________at__________________and tax account No.3________________________
Known to me and to me known to be the same person who executed the forgoing instrument which he
acknowledge before me as his free and voluntary act and deed.

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