Contract for the Repair of two (2) buildings

Province of Nueva Vizcaya

Dominated as Contract No. 3-12

MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This MEMORANDUM OF AGREEMENT made and entered into this 8 th day of
September, 2012 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 repair of the
two (2) buildings located at Lantap, Bagabag,, Nueva Vizcaya which project calls for
masonry, carpentry, electrical, plumbing and painting 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 THREE HUNDRED SIXTY

THOUSAND PESOS (P 360,000.00) the CONTRACTOR hereby make a repair

of the two (2) buildings located at Lantap, Bagabag,, 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 and MATERIALS. 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
CONTRACTOR. However, the CONTRACTOR is required to submit receipts for
the purchase of the needed materials. All unused materials in the repair of the
said buildings shall be indorsed to Saint Mays University
2. TIME OF COMPLETION: The CONTRACTOR is expected to finish the work
within thirty (30) 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 construction 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

4.

5.

6.
7.

8.

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 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 THREE HUNDRED SIXTY
THOUSAND PESOS (P 360,000.00), to cover the LABOR and MATERIAL
COSTS 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. ONE HUNDRED EIGHT
THOUSAND PESOS (P 108,000.00)
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 repair
of the buildings 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 constructions/repairs 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 8th day of September 2012 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: Jan 12, 2012
Issued at: Bay., N.V

SIGNED IN THE PRESENCE OF

_____________________

_____________________

Signature Over Printed Name

Signature Over Printed Name

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

S.S.

BEFORE ME, this 8th day of September 2012 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 2012.

Contract for the Construction of shower Rooms

Province of Nueva Vizcaya
Dominated as Contract No. 5-12

MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This MEMORANDUM OF AGREEMENT made and entered into this 11th day of
November, 2012 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 construction
of shower rooms at SMU building located at Lantap, Bagabag,, Nueva Vizcaya which
project calls for excavation, masonry, carpentry, electrical, plumbing and painting 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 TWO HUNDRED TWENTY ONE

THOUSAND PESOS (P 221,000.00) the CONTRACTOR hereby construct

shower rooms located at Lantap, Bagabag,, 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 and MATERIALS. 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 CONTRACTOR.
However, the CONTRACTOR is required to submit receipts for the purchase of
the needed materials. All unused materials in the repair of the said buildings shall
be indorsed to Saint Mays University
2. TIME OF COMPLETION: The CONTRACTOR is expected to finish the work
within thirty (30) 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 construction 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

4.

5.

6.
7.

8.

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 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 TWO HUNDRED TWENTY
ONE THOUSAND PESOS (P 221,000.00), to cover the LABOR and MATERIAL
COSTS 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. SIXTY SIX THOUSAND
THREE HUNDRED PESOS (P 66,300.00)
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 repair
of the buildings 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 constructions/repairs 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 11th day of November 2012 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: Jan 12, 2012
Issued at: Bay., N.V

SIGNED IN THE PRESENCE OF

_____________________

_____________________

Signature Over Printed Name

Signature Over Printed Name

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

S.S.

BEFORE ME, this ___ day of November 2012 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 2012.

Contract for the Construction of Roofing

of the Wooden staircase
Province of Nueva Vizcaya
Dominated as Contract No. 6-12

MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This MEMORANDUM OF AGREEMENT made and entered into this 03 rd day of
November, 2012 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 construction
of roofing of the wooden staircase at SMU Residence building located at Lantap,
Bagabag,, Nueva Vizcaya which project calls for excavation, wellding, carpentry, and
painting 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 FORTY

FIVE THOUSAND FIVE HUNDRED EIGHTY SIX

PESOS (P 45,586.00) the CONTRACTOR hereby
construct roofing of the wooden stair case located at
Lantap, Bagabag,, 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 and MATERIALS. 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 CONTRACTOR. However,
the CONTRACTOR is required to submit receipts for
the purchase of the needed materials. All unused
materials in the repair of the said buildings shall be
indorsed to Saint Mays University
2 TIME OF COMPLETION: The CONTRACTOR is expected to finish the
work within ten (10) 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

6
7

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
construction 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 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 FORTY FIVE THOUSAND FIVE
HUNDRED EIGHTY SIX PESOS (P 45,586.00), to cover the LABOR and
MATERIAL COSTS 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. THIRTEEN THOUSAND
SIX HUNDRED SEVENTY FIVE PESOS (P 13,675.00)
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 repair
of the buildings 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 constructions/repairs 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 11th day of November 2012 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: Jan 12, 2012
Issued at: Bay., N.V

SIGNED IN THE PRESENCE OF

_____________________

_____________________

Signature Over Printed Name

Signature Over Printed Name

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

S.S.

BEFORE ME, this __ day of November 2012 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 2012.