Republic of the Philippines

DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS

REGION NO. III
ND
PAMPANGA 2 DISTRICT ENGINEERING OFFICE
San Nicolas, Lubao, Pampanga

CONTRACT AGREEMENT FOR THE

Construction of THREE-STOREY SIX CLASSROOMS SCHOOL BUILDING at
Cabambangan Elementary School, Villa de Bacolor, Pampanga
Contract ID No. 20DP1234

KNOW ALL MEN BY THESE PRESENTS

This CONTRACT AGREEMENT, made this MARCH 01, 2020 at Villa de Bacolor, Pampanga, by
and between

the GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES (Department of Public Works and
Highways) represented herein by LANCE BERNARDO, Officer-In-Charge, Office of the District Engineer
– with office address at DPWH District Engineering Office, Lubao, Pampanga as the PARTY OF THE
FIRST PART, hereinafter called the “ENTITY”, duly authorized for this purpose,

and

GROUP FIVE CONSTRUCTION SUPPLY AND SERVICES, a corporation, duly organized and existing
by virtue of the Laws of the Republic of the Philippines with office address at SAN VICENTE, BACOLOR
represented by JOEL PANLILIO, Manager, who has been authorized for this purpose as the PARTY OF
THE SECOND PART, hereinafter called the “CONTRACTOR”,

WHEREAS, the ENTITY is desirous that the CONTRACTOR execute the Works under Contract ID No.
20DP1234: Construction of 3STY6CL at Cabambangan Elementary School, Villa de Bacolor, Pampanga
hereinafter called “the Works”, and ENTITY has accepted the Calculated Bid of the CONTRACTOR for
the execution and completion of the Works at the calculated unit bid prices shown in the attached Bill of
Quantities, or a total Contract price of FIFTEEN MILLION TWENTY EIGHT THOUSAND THREE
HUNDRED SEVENTY THREE PESOS AND & 05/100 (Php. 15,028,373.05) Philippine pesos;

WHEREAS, the whole WORKS in this PROJECT as covered by this CONTRACT shall be
completed within two hundred ten (210) calendar days in accordance with the provisions of the bid
documents.

NOW THIS CONTRACT AGREEMENT WITNESSETH AS FOLLOWS:

1. In this CONTRACT AGREEMENT, words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be attached, deemed to form, and be read and construed as part
of this CONTRACT AGREEMENT;
a. Bidding Documents for the Contract
1. General Conditions of Contract
2. Special Conditions of Contract
3. Drawing
4. Specifications
5. Invitation to Apply for Eligibility and to Bid
 6. Instruction to Bidders
7. Bid Data Sheet
8. Supplemental/Bid Bulletin (Addenda)
b. CONTRACTOR’S Calculated Bid in the Form of Bid including its Technical and Financial
Proposals, with addendum showing corrections, if any, made during the Bid evaluation to
arrive at the Calculated Bid
c. CONTRACTOR’S Letter of Intent for Eligibility and Contractor’s Information From the DPWH
Registry
d. Notice of Award of Contract and the CONTRACTOR’S “conforme” thereon
e. Performance Security
f. Credit Line or Cash Deposit Certificate
g. PERT/CPM diagram and bar chart with S-curve
CARI – Contractor’s All Risk Insurance
3. In consideration of the payments to be made by the ENTITY to the CONTRACTOR as hereinafter
mentioned, the CONTRACTOR hereby covenants with the ENTITY to execute and complete the
Works and remedy any defects therein conformity with the provisions of this CONTRACT
AGREEMENT in all respects.
4. Certificate of Completion. Upon completion of the Work, Contractor shall notify ENTITY that the
Work is ready for final inspection and acceptance. When ENTITY finds the Work acceptable and
this Agreement fully performed, Contractor shall issue ENTITY a “Certificate of Completion”
stating that the Work has been completed in accordance with the Contract Documents and the
entire balance of the Contract Price is due and payable. ENTITY shall make the final payment
within 210 days after receiving a Certificate of Completion. ENTITY by making final payment
waives all claims except those rising out of: (a) any faulty Work appearing after completion; (b)
any Work that does not comply with the Contract Documents; and (c) outstanding claims or liens.
Contractor, by accepting final payment, waives all claims except those previously made in writing,
and which remain unsettled at the time of acceptance.
5. Materials and Labor. Contractor shall provide and pay for all labor and equipment, including
tools, construction equipment, machinery, transportation and all other facilities and services, and
all materials necessary for the completion of the Work. All materials shall be good quality and
new, unless the Contract Documents require or permit otherwise. Contractor may substitute
materials only with the prior written approval of ENTITY.
6. Starting and Completion Dates. The Work under this Agreement shall begin on MAY 01, 2020,
and shall be completed by DECEMBER 01,2020.
7. Instructions. ENTITY shall give all instructions to Contractor, and shall furnish all necessary
surveys for the Work. Unless otherwise provided in the Contract Documents, ENTITY shall
secure and pay for all necessary easements, assessments or other approvals necessary for
permanent structures or permanent changes in existing structures or facilities which are
necessary to complete the Work.
8. Licenses and Permits. Contractor shall obtain all licenses and permits necessary for proper
completion of the Work. Contractor is responsible for the cost of any necessary permits or
licenses.
9. Laws and Regulations. Contractor shall perform the Work in a workmanlike manner. Contractor
shall comply with all applicable federal, state, and local laws, regulations and ordinances, and any
safety requirements of ENTITY (the “Applicable Laws”) in the performance of the Work.
Contractor shall promptly notify ENTITY upon discovery of any variance between the Applicable
Laws and the Construction Documents.
10. Supervision of Construction. Contractor shall be solely responsible for and shall supervise and
direct all construction under this Agreement. Contractor shall provide competent and suitable
personnel to perform the Work and shall at all times maintain good discipline and order at the
Property. Contractor will at all times take all reasonable precautions for the safety of its
 employees and the public at the Property. Contractor agrees to assume full responsibility for the
acts, negligence, and/or omissions of its employees and any subcontractors and their employees.
11. Record Documents. Contractor shall maintain in a safe place at the Property one record copy of
all drawings, specifications, addenda, written amendments, and the like in good order and
annotated to show all changes made during construction, which will be delivered to ENTITY upon
completion of the Work.
12. Utilities. Contractor shall pay for all permanent electric, water, phone, cable, sewer and gas
service as needed to perform the Work. Contractor shall pay for the installation, connection and
removal of all temporary utilities on the Property during the performance of the Work. All
temporary utilities shall conform and adhere to the Applicable Laws.
13. Hazardous Materials. Except as otherwise provided in the Contract Documents, Contractor shall
be responsible for all Hazardous Materials brought to the Property by Contractor. Hazardous
Materials shall include radioactive materials, asbestos, polychlorinated biphenyls, petroleum
products, crude oil, flammable materials, chemicals or solvents known to cause cancer or
reproductive toxicity, pollutants, contaminants and toxic substances which are restricted,
prohibited or regulated by any agency of government in its manufacture, use, maintenance,
storage, ownership or handling. If Contractor discovers any Hazardous Materials on the Property,
Contractor shall immediately notify Owner and may cease working until the material or substance
has been rendered harmless. ENTITY shall defend, indemnify and hold harmless Contractor, any
subcontractors, and their respective agents and employees from and against all claims,
damages, losses and expenses, including attorney’s fees, arising out of or resulting from contact
with the Hazardous Substance in performance of the Work resulting in bodily injury, illness or
death, or injury or property damage, provided such claim, damage, loss or expense is not the
result of any negligent act or omission by the party seeking such indemnity.
14. Warranty. Contractor warrants that the Work shall be in accordance with the Contract
Documents and free from material structural defects. Contractor shall redo or repair any Work not
in accordance with the Contract Documents or any defects caused by faulty materials, equipment
or workmanship for a period of (12) months (1) year(s) from the date of completion of the Work.
15. Condition of the Property. Contractor agrees to keep the Property and adjoining driveways free
and clear of waste material and rubbish. Contractor shall confine the storage of materials and
equipment and the operations of employees to the Property, and shall not unreasonably
encumber the Property with materials or equipment. Contractor shall be fully responsible for any
damage to the Property or areas contiguous thereto resulting from the performance of the Work.
At the completion of the Work, Contractor shall remove all waste materials, rubbish and debris
from and about the Property as well as all tools, appliances, construction equipment and
machinery, and surplus materials, and shall leave the Property clean and ready for occupancy by
ENTITY.
16. Inspection. ENTITY shall have a right to inspect the Work at any time and request that
Contractor promptly correct any Work that is defective or does not conform to the Contract
Documents. If required, the Work shall be inspected and certified by the appropriate state or local
agency or health officer at each necessary stage.
17. Right to Stop Work. If Contractor fails to correct any defective Work or repeatedly fails to
perform the Work in accordance with the Contract Documents, ENTITY shall have the right to
order Contractor to stop performing the Work, or any portion thereof, until the cause for such
order is eliminated.
18. Subcontracts. Contractor shall furnish to ENTITY a list of names of subcontractors proposed to
perform principal portions of the Work. Contractor shall not employ any subcontractor to whom
ENTITY reasonably objects. A subcontractor, for the purposes of this Agreement, shall be a
person with whom Contractor has a direct contract for work at the Property. All contracts between
Contractor and subcontractor shall be in accordance with the terms of this Agreement and the
Contract Documents.
19. Work Changes. ENTITY reserves the right to order changes to the Work in the nature of
additions, deletions or modifications, without invalidating this Agreement, and agrees to make
corresponding adjustments in the Contract Price and time of termination if applicable. All changes
will be authorized in a written “Change Order” signed by ENTITY and Contractor, which shall be
incorporated by reference herein.
20. Other Contractors. ENTITY reserves the right to enter into other contracts in connection with the
Work. Contractor shall cooperate with all other contractors so that their work shall not be
impeded, and shall give them access to the Property as necessary to perform their contracts.
21. Indemnification. Contractor agrees to defend, indemnify and hold harmless ENTITY and its
agents and employees, from and against all claims, actions, liabilities, suits, demands, injuries,
obligations, damages, losses, settlements, judgments, fines, penalties, costs and expenses,
including reasonable attorneys' fees, arising out of any negligent act or omission by Contractor, a
subcontractor or anyone directly or indirectly employed by them in the performance of the Work
resulting in bodily injury, illness or death, or for property damage, including loss of use, unless
caused by the sole negligence or willful misconduct of ENTITY.
22. Time of Essence. All times stated in this Agreement or in the Contract Documents are of the
essence. Contractor agrees that such times are reasonable for performing and completing the
Work.
23. In consideration of the execution and completion of the Works by the CONTRACTOR, the
ENTITY hereby covenants to pay the CONTRACTOR the unit prices in the CONTRACTOR’S
Calculated Bid, as applied to the actual quantities accomplished as certified by the PROCURING
ENTITY under the provisions of this CONTRACT AGREEMENT, at the times and in manner
prescribed by this CONTRACT AGREEMENT.

IN WITNESS whereof, the parties thereto have caused this CONTRACT AGREEMENT to be
executed the day and year first before written.

Signed, sealed, delivered by

(for the ENTITY) ________________________

John Roy Anicete, Engineer III

________________________

Jomer Palo, Accountant III

Binding Signature of the PROCURING ENTITY Binding Signature of the CONTRACTOR

________________________ ______________________

Officer-In-Charge Manager

Office of the District Engineer GROUP FIVE CONSTRUCTION SUPPLY & SERVICES
The items of work covered under this contract are enumerated hereunder, viz:
ITEM NO. DESCRIPTION UNIT QTY. UNIT BID TOTAL AMOUNT (P)
PRICE
PART I FACILITIES FOR THE ENGINEER
A.1.4(1) Provision of Progress Photographs each 700.00 10.15 7,105.00
PART II OTHER GENERAL REQUIREMENTS
B.5 Project Billboard / Signboard each 2.00 5,500.00 11,000.00
B.7 (2) Occupational Safety and Health Program L.S. 1.00 128,238.00 128,238.00
PART II CIVIL, MECHANICAL, ELECTRICAL AND
SANITARY/PLUMBING WORKS
PART A EARTHWORKS
801(1) Removal of Structures and Obstruction L.S. 1.00 99,403.10 99,403.10
803(1)a Structure excavation (common soil) cu.m. 537.46 282.35 151,751.83
804(1)a Embankment (from roadway/structure cu.m. 367.05 188.75 69,280.69
excavation)
804(1)b Embankment (from borrow) cu.m. 39.82 563.75 22,448.53
804(4) Gravel Fill cu.m. 24.43 1,270.90 31,048.09
PART B PLAIN AND REINFORCED CONCRETE
WORKS
900(1)c1 Structural concrete (Class A, 28 days) cu.m. 321.42 7,084.80 2,277,196.42
902(1)a Reinforcing Steel (Deformed, Grade 40) Kg. 61,250.80 67.00 4,103,803.60
903(2) Formworks and Falseworks sq.m. 1,490.83 632.65 943,173.60
PART C FINISHING WORKS
C.1 TERMITE CONTROL WORKS
1000(1) Soil Poisoning L 206.46 376.10 77,649.61
C.2 MASONRY WORKS
1046(2)a1 CHB Non-Load Bearing (including sq.m. 187.76 697.10 130,887.50
Reinforcing Steel) 100mm
1046(2)a2 CHB Non-Load Bearing (including sq.m. 437.09 1,050.55 459,184.90
Reinforcing Steel) 150mm
C.3 FABRICATED MATERIALS
1010(4) Wooden Doors and Windows L.S 1.00 289,954.00 289,954.00
1009(1)a Jalousie Window (Glass) sq.m. 36.07 1,639.90 61,098.97
1005(1) Resident Casement (Steel) sq.m. 73.44 4,759.70 349,552.37
1005(5) Steel Window sq.m. 32.64 1,332.25 43,484.64
1004(2) Finishing Hardware Set 29.00 1,928.40 55,923.60
1003(17) Carpentry and Joinery Works L.S 1.00 28,990.00 28,990.00
(Blackboard)
C.4 FINISHING WORKS
1021(1)c Cement Floor Finish (with floor hardener) sq.m. 656.54 351.45 230,740.98
1027(1) Cement Plaster Finish sq.m. 2,518.26 209.20 526,819.99
1051(6) Railing L.S 1.00 95,127.10 95,127.10
1003(1)a1 Ceiling (4.5mm, Metal Frame, Fiber sq.m. 268.13 1,068.10 286,389.65
Cement Board)
1039(1) Reflective Insulation sq.m. 337.22 243.25 82,028.77
1018(1) Glazed Tiles and Trims sq.m. 95.83 1,929.55 184,908.78
1018(2) Unglazed Tiles sq.m. 38.66 1,865.90 72,135.69

C.5 PAINTING WORKS

1032(1)a Painting Works (Masonry/Concrete) sq.m. 2,656.08 369.30 980,890.34

1032(1)b Painting Works (Wood) sq.m. 147.40 312.55 46,069.87

1032(1)c Painting Works (Steel) sq.m. 77.28 639.45 30,637.66

 C.6 ROOF FRAMING AND ROOFING WORKS

1014(1)b1 Pre-Painted Metal Sheets (above sq.m. 403.22 731.90 295.116.72

0.427mm, Corrugated Type, Long Span)
1013(2)a1 Fabricated Metal Roofing Accessory lm 29.40 270.20 7,943.88
(gauge 26, Ridge/Hip Rolls)
1013(2)a2 Fabricated Metal Roofing Accessory lm 32.64 279.10 9,109.82
(gauge 26, Flashings)
1047(2)a Structural Steel, Trusses kg. 2,951.79 93.00 274,516.47

1047(2)b Structural Steel, Purlins kg. 4,164.93 87.00 362,348.91

1047(6) Metal Structure Accessories (Steel Plates) kg. 208.08 93.35 19,424.27

1047(7)b Metal Structure Accessories (Sag Rods) kg. 131.11 69.20 9,072.81

1047(4) Metal Structure Accessories (Cross kg. 128.84 72.30 9,098.23

Bracing)
1047(3)c Metal Structure Accessories (Turn Buckle) Each 16.00 249.90 3,998.40

PART D PLUMBING/SANITARY WORKS

1001(8) Sewer Line Works L.S 1.00 56,879.85 56,879.85

1002(24) Cold Water Lines Works L.S 1.00 11,672.70 11,672.70

1001(9) Storm Drainage and Downspout L.S 1.00 124,732.80 124,732.80

1002(4) Plumbing Fixtures L.S 1.00 91,493.70 91,493.70

1001(5)b Catch Basin CHB Each 12.00 1,072.00 12,864.00

1202(1) Automatic Fire Sprinkler System (AFSS) L.S 1.00 760,786.85 760,786.85

PART E ELECTRICAL

1100(10) Conduit, Boxes and Fittings (Conduit L.S 1.00 56,775.00 56,775.00
Works/Conduit Rough-In)
1101(33) Wires and Wiring Devices L.S. 1.00 118,881.06 118,881.06

1102(1) Panel Board with Main & Branch Breakers L.S. 1.00 79,473.10 74,473.10

1103(1) Lighting Fixtures and Lamps L.S. 1.00 94,784.35 97,384.35

1208(1) Fire Alarm System L.S. 1.00 30,089.50 30,089.50

P 15,028,373.05
 ACKNOWLEDGEMENT

BEFORE ME, as the Notary Public for and within the City of Bacolor, personally appeared
LANCE BERNARDO, Officer-In-Charge, Office of the District Engineer, representing the REPUBLIC
OF THE PHILIPPINES (Department of Public Works and Highways), with TIN No. 123-456-789 at
Lubao, Pampanga and Joel Panlilio, Manager, representing GROUP FIVE CONSTRUCTION
SUPPLY AND SERVICES with TIN No.000-111-222-333 at Bacolor, Pampanga, known to me to be
the same persons who executed the foregoing CONTRACT and AGREEMENT and they
acknowledged to me that the same is their true act and deed for and in behalf of the parties they
represented.

This instrument consist of eight (8) pages, including this page, on which this acknowledgement is
written duly signed by the contracting parties and their witnesses on the left margin of the other
pages.

IN WITNESS WHEREOF, I have hereunto affixed my Signature and Official Seal this March 01,
2019.

_________________________

(NOTARY PUBLIC)

Doc. No. __________;

Page No. __________;

Book No. __________;

Series of __________;
 NOTICE TO PROCEED

March 01, 2020

JOEL PANLILIO
SAN NICOLAS, LUBAO
PAMPANGA

PROJECT: Construction of THREE-STOREY SIX CLASSROOMS SCHOOL BUILDING at

Cabambangan Elementary School, Villa de Bacolor, Pampanga

Dear MR JOEL PANLILIO:

The attached Contract in the amount of FIFTEEN MILLION TWENTY-EIGHT THOUSAND THREE
HUNDRED SEVENTY-THREE PESOS AND & 05/100 (Php. 15,028,373.05) only, having been approved,
this Notice to hereby given to GROUP FIVE CONSTRUCTION SUPPLY AND SERVICES that the firm’s
performance of its contractual obligations shall commence effective from the date of receipt of this Notice
by the firm.

Therefore, you are responsible for performing said obligations in accordance with the terms, conditions
and the implementation schedule of the Contract.

Please acknowledge the receipt and acceptance of this Notice by signing in the space provided below.
Keep one copy and return the original within three (3) calendar days from the receipt hereof to the
PAMPANGA 2ND DISTRICT ENGINEERING OFFICE through the BAC Secretariat.

Very truly yours,

LANCE BERNARDO
Officer-In-Charge, Office of the District Engineer

I acknowledge receipt of this Notice on ___________

Name of the Authorized Signatory_____________

NOTICE OF AWARD

March 01, 2020

JOEL PANLILIO
SAN NICOLAS, LUBAO
PAMPANGA

PROJECT:

Dear MR JOEL PANLILIO:

We are pleased to notify you that the contract for the Project is hereby awarded to your firm in the
amount of

ITEM DESCRIPTION AMOUNT

Construction of THREE-STOREY SIX CLASSROOMS SCHOOL Php. 15,028,373.05
BUILDING at Cabambangan Elementary School, Villa de Bacolor,
Pampanga

Kindly affix your signature on the space provided below to indicate your formal acceptance of the award.
You are hereby required, within ten (10) calendar days from the receipt of this Notice, to formally enter
into a contract with us and submit a Performance Security in any of the following forms:

Five percent (5%) of the total contract price in the form of cash; cashier’s check or manager’s check
issued by a universal or commercial bank; bank draft, bank guarantee or irrevocable letter of credit issued
by a universal or commercial bank, provided, that it shall be confirmed or authenticated by a universal or
commercial bank if issued by a foreign bank; or

Thirty percent (30%) of the total contract price on the form of Surety Bond callable upon demand issued
by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such
security.
Failure to enter into contract with us or submit the Performance Security shall constitute a sufficient
ground for cancellation of this award, forfeiture of your Bid Security, and imposition of appropriate
sanctions.

Please return the original copy of this Notice to the PAMPANGA 2 ND DISTRICT ENGINEERING OFFICE
through the BAC Secretariat within three (3) calendar days from receipt hereof for contract preparation.

Very truly yours,

LANCE BERNARDO
Officer-In-Charge, Office of the District Engineer

CONFORME:

JOEL PANLILIO
GROUP FIVE CONSTRUCTION SUPPLY AND SERVICES
Date: __________