Contract for the Painting of the Exhibit & Waiting Area

Province of Nueva Vizcaya

Dominated as Contract No. 4-12

MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This MEMORANDUM OF AGREEMENT made and entered into this 17th 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 Painting of the
Covered Exhibit Lounge located infront on the Lambretch Building, College Campus,
Bayombong, Nueva Vizcaya which project calls for 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 THIRTY THOUSAND PESOS (P
30,000.00) the CONTRACTOR hereby agree to Paint the Covered Exhibit Lounge
located infront of the Lambretch Building 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 only the price of LABOR. 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
SAINT MARYS UNIVERSITY. However, the CONTRACTOR is required to give at least
one week to SAINT MARYS UNIVERSITY for the purchase of the needed materials.
Delays due to the failure of the CONTRACTOR to give notice shall be included in the
computation of working days specified in the succeeding paragraph;
2. TIME OF COMPLETION: The CONTRACTOR is expected to finish the work within
fourteen (14) working days which shall be reckoned three (3) days after the signing of
contract. Thus, the project is expected to be completed and should be ready for
occupancy. 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 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

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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 THIRTY THOUSAND PESOS (P 30,000.00), to cover the
LABOR COSTS only 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. NINE THOUSAND PESOS (P 9,000.00)
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 painting of the
building 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 painting works 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 flaking
and/or similar or other defects shall be borne by the CONTRACTOR and shall be
deducted from progress billings; 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
17 day of September, 2012 in Bayombong, Nueva Vizcaya.
th

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

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 17th 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.

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