CONTRACT PROPOSED POWERHOUSE FOR THE CAREER EXECUTIVE SERVICE BOARD (CESB) AT NO. 3 MARCELINO STREET CORNER HOLY SPIRIT DRIVE, DILIAMN, QUEZON CITY 1127 KNOW ALL MEN BY THESE PRESENTS; This contract made and entered into this Quezon City by and between: day of 2015 in The CAREER EXECUTIVE SERVICE BOARD (CESB), hereinafter referred to as the PROCURING ENTITY, with office address at No. 3 Marcelino Street corner Holy Spirit Drive, Diliman, Quezon City 1127, represented herein by its duly authorized representative. Executive Director MARIA ANTHONETTE VELASCO-ALLONES, CfSO /; and ISOMETRIC ENTERPRISES, a sole proprietorship duly organized and existing under and by virtue of the laws of the Republic of the Philippines, hereinafter referred to as the CONTRACTOR, with office address at 8/F Fil Garcia Tower, Kalayaan Avenue cor. Mayaman St., Central Diliman, Quezon City, represented herein by its sole proprietor BERNARDINO M. LANDICHO; WITNESSETH: WHEREAS, the PROCURING ENTITY is desirous that certain WORKS be executed by the CONTRACTOR for the purpose of the Proposed Powerhouse for the CESB at No. 3 Marcelino Street corner Holy Spirit Drive, Diliman, Quezon City 1127; WHEREAS, the bidding of the project was conducted through Competitive Public Bidding on 06 August 2015 wherein CONTRACTOR was the lone bidder and who, after post-qualification process in view of certain conditions and requirements which had to be verified and validated by PROCURING ENTITY, was found by the Bids and Awards Committee (BAC) to be qualified to undertake the project, and hence, was recommended for award per approved CESB BAC Resolution No. 2015- 084 dated 16 October 2015; WHEREAS, the total amount award for the execution of the WORKS is PHILIPPINE PESOS: EIGHT MILLION FIVE HUNDRED THOUSAND PESOS ONLY (PhP 8,500,000.00); and WHEREAS, the whole WORKS shall be completed within Ninety (90) Calendar Days in accordance with the provision of the Contract documents. NOW PROCURING ENTITY and CONTRACTOR AGREE as follows: 1, Words and expressions shall have ^e same meaning as are respectively assigned to them in the Conditions of CONTRACT hereinafter referred to.
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Transcript
CONTRACT
PROPOSED POWERHOUSE FOR THE CAREER EXECUTIVE SERVICE BOARD (CESB)AT NO. 3 MARCELINO STREET CORNER HOLY SPIRIT DRIVE, DILIAMN,
QUEZON CITY 1127
KNOW ALL MEN BY THESE PRESENTS;
This contract made and entered into this
Quezon City by and between:day of 2015 in
The CAREER EXECUTIVE SERVICE BOARD (CESB), hereinafter referred to asthe PROCURING ENTITY, with office address at No. 3 Marcelino Street corner HolySpirit Drive, Diliman, Quezon City 1127, represented herein by its duly authorizedrepresentative. Executive Director MARIA ANTHONETTE VELASCO-ALLONES, CfSO/;
and
ISOMETRIC ENTERPRISES, a sole proprietorship duly organized and existingunder and byvirtue of the laws of the Republic of the Philippines, hereinafter referredto as the CONTRACTOR, with office address at 8/F Fil Garcia Tower, KalayaanAvenue cor. Mayaman St., Central Diliman, Quezon City, represented herein by itssole proprietor BERNARDINO M. LANDICHO;
WITNESSETH:
WHEREAS, the PROCURING ENTITY is desirous that certain WORKS beexecuted bythe CONTRACTOR for the purpose of the Proposed Powerhouse for theCESB at No. 3 Marcelino Street corner Holy Spirit Drive, Diliman, Quezon City1127;
WHEREAS, the bidding of the project was conducted through CompetitivePublic Bidding on 06 August 2015 wherein CONTRACTOR was the lone bidder andwho, after post-qualification process in view of certain conditions and requirementswhich had to be verified and validated by PROCURING ENTITY, was found by theBids and Awards Committee (BAC) to be qualified to undertake the project, andhence, was recommended for award per approved CESB BAC Resolution No. 2015-084 dated 16 October 2015;
WHEREAS, the total amount award for the execution of the WORKS isPHILIPPINE PESOS: EIGHT MILLION FIVE HUNDRED THOUSAND PESOS ONLY(PhP 8,500,000.00); and
WHEREAS, the whole WORKS shall be completed within Ninety (90) CalendarDays in accordance with the provision of the Contract documents.
NOW PROCURING ENTITY and CONTRACTOR AGREE as follows:
1, Words and expressions shall have ^e same meaning as are respectivelyassigned to them in the Conditions of CONTRACT hereinafter referred to.
That the following documents shall be deemed to form, be read, and construedas part of this CONTRACT viz:
a.
b.
c.
d.
e.
g-h.
k.
1.
m.
P-
q-
Drawlngs/Plans/SpecificatlonsInvitationto eligible biddersBidding DocumentsAddenda and/or Supplemental/Bid Bulletins, if anyContrartor's Bid Proposal including the following annexes;1) Authority of the Signing Official2) Bid Prices in the Bill of Quantities3) Detailed Estimates4) Omnibus Sworn Statement
Performance SecurityNotice of Award with Contractor's Conforme theretoOther Supporting Documents:1) Duly approved Program of Workand Cost Estimate2) Certificate of Available Funds3) Approved Budgetfor the Contract (ABQ4) Abstract of Bids5) BAC Resolution of Awards
Contractor's All Risk Insurance
Construction Schedule (PERT/CPM Diagram, Bar Chart and S-Curve withCash Flow and Payment Schedule)Equipment and Manpower Utilization Schedule.Construction Method
IncomeTaxand Business Returns duly stampedand received by BIRBill of QuantitiesApproved Construction Safety and Health Program.
That CONTRACTOR undertakes to deliver a brand new DIESEL GENERATORSET in accordance with the specification approved by the DPWH powered byPERKINS Engine.
That CONTRACTOR undertakes to do the WORKS in accordance with theplans and specifications approved by the DPWH already provided prior todoing the WORKS.
5. That wires/cables and electrical conduits from the generator shall be coursedthrough the area ofthe car port fronting the main entrance ofthe CESB buildinggoing to the existing Main Distribution Panel in accordance with the plans andspecifications approved by the DPWH.
That an excavation beneath the grounds of said area shall be made in suchmanner that when it crosses a driveway, steel plates, if necessary, shall beprovided by the CONTRACTOR at their own expense to be placed on top ofthe excavation to allow car's access inside the premises and to indicate thepresence of saidwires/cables and electrical conduits.
7. Thatsaidexcavation shall allow for any revision thereofduringthe process itselfof excavation if it is determined that structures crucial to the operation,maintenance, and safety of the CESB building and premises such as, but not
<1
limited to, plumbing works and wirings, shall not be compromised due to saidexcavation.
8. That CONTRACTOR undertakes further to provide prior to doing the WORKSdesign revisions and corresponding variation order to be approved by theDPWH and CESB in accordance with existing guidelines if the plans andspecifications, notwithstanding the DPWH'sapproval, becomes impractical.
10 That CONTRACTOR undertakes to haul, install and conduct testing andcommissioning of the generator set after completion of the WORKS.
11.That CONTRACTOR undertakes to conduct quarterly preventive maintenancefrom Notice of Acceptance by PROCURING ENTITY.
12.That CONTRACTOR undertakes the following product warranty; 2,000accumulated hours or three (3) years whichever comes first.
13.That CONTRACTOR undertakes to do the WORKS within ninety (90) calendardays from issuance of the Notice to Proceed (NTP) to final acceptance byPROCURING ENTITY through the issuanceof a Certificate of Acceptance.
14.That PROCURING ENTITY undertakes to provide for the needs of the Project inorder for the CONTRACTOR to fully complete the project.
15.That CONTRACTOR undertakes to ensure compliance of all safety measuresand house rules issued by PROCURING ENTITY.
16.That CONTRACTOR may store the materials, equipment, and the like to beused for WORKS within the premises of PROCURING ENTITY subject to theterms and conditions established by PROCURING ENTITY.
17.That PROCURING ENTITY shall not be liable for loss or destruction ofmaterials, equipment, and the like to be used for WORKS brought byCONTRACTOR to the premises of the PROCURING ENTITY.
IB.That in consideration of the payments to be made by PROCURING ENTITY toCONTRACTOR, CONTRACTOR covenants with PROCURING ENTITY toexecute and complete the WORKS, and to rectify any defects therein inconformity in all respect with the provisions of this CONTRACT.
19.That the PROCURING ENTITY hereby covenants to pay the CONTRACTOR inconsideration of the execution and completion of the WORKS based on theagreed Unit Prices and Bill of Quantities as specified in this CONTRACT. It isunderstood that the quantities listed in the CONTRACT do not govern finalpayment to the CONTRACTOR and shall be made only for actual quantities ofcontract items performed in accordance with the plans and specifications, andas accepted by the PROCURING ENTITY.
The Items of work covered under this CONTRACT are herein-shown in the Billof Quantities under Annex A and forming an integral part Of this CONTRACT.
20.That this CONTRACT shall not take effect unless and until the CONTRACTORhas furnished and delivered to the PROCURING ENTITY a Performance Bond
feis
that is fully acceptable to the PROCURING ENTITY In the form and amount asrequired.
21.That in case the CONTRACTOR refuses or fails to complete the work within thespecified contract time to the satisfaction of the PROCURING ENTITY,including any time extension that may be granted by the PROCURING ENTITY,the CONTRACTOR shall pay the GOVERNMENT through the PROCURINGENTITY for liquidated damages, and not by way of penalty, an amount, asprovided in the Conditions of Contract, equal to at least one tenth (1/10) of one(1) percent of the unperformed portion of the works for everyday of delay, untilthe work is completed and accepted or taken by the Government.
22. That in case the CONTRACTOR lags behind schedule in his work and incursfifteen percent (15%) or more slippage based on his approved PERT/CPM, theExecutive Director of the PROCURING ENTITY, may, at her discretion,terminate or rescind the contract pursuant to existing laws, rules, andregulations.
23.That the CONTRACTOR shall comply with and strictly observe, all lawsregarding workmen's welfare, compensation for injuries, minimum wages,hours of labor, and other labor laws. Likewise, the guidelines for theImplementation of DOLE D.O. No. 13 Series of 1998 regarding OccupationalSafety and Health shall be strictly followed.
24.That the CONTRACTOR shall pay taxes in full and on time, and that failure todo so shall entitle the PROCURING ENTITY to suspend payment for servicesdelivered by the CONTRACTOR in accordance with Section 3 of ExecutiveOrder No. 398 Series of 2005.
25.That the CONTRACTOR shall likewise regularly present, within the duration ofthe contract, tax clearance from the BIR as well as copy of income and businesstax returns duly stamped and received by the BIR, and duly validated with thetax payments made thereon.
26.That the CONTRACTOR warrants that he has neither given nor promised togive any money or gift to any employee of the PROCURING ENTITY to securethis CONTRACT.
27.That within a period of twelve (12) months from final acceptance of the Project,the CONTRACTOR shall remain liable for any damages or defects discoveredon the works due to faulty construction; the use of inferiorquality of materials;or violation of terms of the CONTRACT.
28.That PROCURING ENTITY undertakes to issue thereafter on a monthly basis\reckoned from the issuance of the Advance Payment, such amounts necessary \ ^for the mobilization of works specifically for the corresponding months, ,JsLAprovided CONTRACTOR provides PROCURING ENTITY a billing, detailing .and justifying the works to Idb done for the month. ^
29.That if any dispute or difference of any kind whatsoever arises between thePROCURING ENTITY and the CONTRACTOR, in connection with or arisingout of the CONTRACT, or in carrying out of the WORKS, it shall first bereferred to and settled by the Executive Director of the PROCURING ENTITYbefore the dispute shall be submitted to the regular courts.
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30.That this CONTRACT becomes binding and valid upon approval of theExecutive Director of the PROCURING ENTITY.
IN WITNESS WHEREOF, the PARTIES hereto have caused this CONTRACT tobe executed the day, month and the year first above-written.
CAREER EXECUTIVE SERVICE BOARD
(CESB)By:
MARIA ANTHONETTE VELASCO-ALLONES
Executive Director
Signed in the presence of:
ger^A4S2^1\tominesChief, FAD
ISOMETRIC ENTERPRISES
By:
BERNARDINO^M. LANDICHOOwner/Manager
resence of:
bibiano^arvida•n^eering Supervisor
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
METRO MANILA ) SS
BEFORE ME personally appeared:
Name Identification Place of IssuelOate of Issue
Maria Anthonette Velasco-Allones
etc No.
16498743
Quezon City 13 January2015
Bernardino M. Landicho
with Maria Anthonette Velasco-Allones In representation of the Career ExecutiveService Board, and Bernardino M. Landicho in representation of Isometric Enterprises,known to me and to me known to be the same persons who executed the foregoinginstrument, and they acknowledged to me that the same are their free act and deed.
IN WITNESS WHEREOF, 1have hereunto set my hand and affixed my notarialseal on the day year, and place first above written.
Doc. No.
Page No. iSjBook No. _Series of 2015
NOTARY PUBLIC
Commission Serial No.UntilP.T.R. No.Roll of Atty. No.IBP OR No.
IN WORDS : EIGHT MILLION FIVE HUNDRED THOUSAND PESOS ONLY
"ANNEX B"
CERTIFICATE ASTO THE AVAILABILITY OF FUNDS
A. CERTIFICATION
Pursuant to the provisions ofsection 86 of RJD 1445, LOI 968 and Section 46of PD 1177, I hereby Certify that funds in the amount of EIGHTY MILLION FIVEHUNDRED THOUSAND PESOS ONLY (Php 8,500,000.00) which is necessary to coverpayment for the proposed powerhouse entered into by the CAREER EXECUTIVESERVICE BOARD with ISOMETRIC ENTERPRISES at 8/F Ri Garcia Tower, KalayaanAvenue comer Mayamon Street, Central Diliman. Quezon City is avaiiabie forexpenditure on account thereof.
Certified by:
DATE
December 4,2015
LAccountant III ,
B. STATUS OF FUNDS
PARTICULARS
Amount Certified
JO
AMOUNT CERTIFIED
Php 8,500,000.00
NO. 3
website; www-cesboard.gov.ph
notice TO PROCEED
Mr, BERNARDINO M. LANDICHOPresident and General ManagerIsomeuic Enterprises8/F FilGarcia Tower140 Kalayaan Ave., Quezon City
Dear Mr. Landicho; .
The attached Cont-act (or the ,„
Upoe receipt of this notice yot, P°opof^Xlthont''for'Se rSreerX^Matceiino Street Comer Holy Spirit Drive, Dihman,
Quezon City.
Very truly yours.
OujL'MARIA ANTHONEHE V. ALIONES, C£SO /Executive Director