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STANDARD CONTRACT FORM

Republic of the Philippines
National Irrigation Administration
(Quezon City)

______________________________

___________________________
(Name of Project)
_________________
(Contract No.)

KNOW ALL MEN BY THESE PRESENTS:

This Contract is executed and entered into this _______ day of _____________ 19 ___ at Quezon City, Philippines, by and between:

The NATIONAL IRRIGATION ADMINISTRATION, hereinafter referred to as the NIA, a government entity created under RA No. 3601 as amended by PD No. 552 with principal office at the NIA Bldg., Epifanio delos Santos Avenue, Diliman, Quezon City, represented herein by;
______________________________________________________________________________________________
who is duly authorized to represent NIA in the Contract;

-and-
_______________________________________________________________________________________________

hereinafter referred to as the Contractor, a private entity duly organized and existing under and by virtue of the laws of the Republic of the Philippines with principal office address at __________________________________________________ _______________________________________________________________________________________________
and represented herein by _________________________________________________________________________

__________________________________, who is duly authorized to represent said firm in this Contract;

WITNESSETH, THAT:

WHEREAS, the NIA, in its Invitation for Bids No. _____________ called for tenders for the _____________________________ ____________________________________________________________________________________________________
____________________________________________________________________________________________________
in accordance with the Bid Documents;

WHEREAS, on ___________________, Contractor submitted the lowest complying bid for the above mentioned works in the total amount of ________________________________________________________________;

WHEREAS, NIA finds the bid of Contractor to be fair and reasonable for the government, the same being P ___________ or __________________________ lower than the Allowable Government Estimate (AGE) of ____________________________;

NOW, THEREFORE, in view of the foregoing premises, the parties have mutually agreed as by these presents they do hereby agree as follows:

C-01 CONTRACTOR DOCUMENTS

The following pertinent documents attached to this Contract or on file with the NIA are hereby incorporated and expressly made integral parts of this Contract as though fully written out and set forth herein:

  1. Invitation for Bids No. _______________
  2. Instructions to Bidders
  3. General Conditions
  4. Special Conditions
  5. Local Conditions
  6. Technical Specifications
  7. Drawings
  8. Supplemental Notice No. _______________
  9. Resolution No. __________ of the Committee on Prequalifications, Bids and Awards
  10. Notice of Award of Contract and Contractor's "Conforme"
  11. Contractor's Performance Security
  12. Bid Form including the following annexes:
    1. Authority of the Signing Official
    2. Bid Prices in the Bill of Quantities
    3. Detailed Breakdown of Estimates
    4. Construction Schedule
    5. Construction Methods
    6. Project Organizational Chart
    7. Manpower Schedule
    8. Equipment Utilization Schedule
    9. Cash Flow and Payments Schedule
    10. Certificate of Site Inspection
  1. Prequalification Statements
  2. Certificate of Cash Deposit for Operating Expenses (If necessary)
All codes, designations, standards, standard specifications and similar materials which are referred to in the Conditions, Technical Specifications and Drawings are hereby made integral parts of this Contract.

All of the above documents are referred to herein as the Contract Documents.

C-02 ACCEPTANCE OF BID

The NIA has accepted the offer of the Contractor for the ________________________________________________________________ in conformity and in accordance with and subject to all of the terms of the Contract Documents and as provided in this Contract.

C-03 AGREEMENT

The Contractor agrees to furnish all equipment, supplies, materials, labor, superintendence and other incidentals and to perform and complete all of the Contract Works under his Contract and the NIA agrees to pay for such, as described in the Contract Documents.

C-04 DELIGATION OF CONTRACTOR

The Contractor agrees to perform well and faithfully all of the Contract Works indicated in the Contract Documents described in the Clause C-01 herein before, and to furnish all of the equipment, materials, supplies, labor and superintendence and other facilities requisite for or incidental to the successful completion of the Works and the carrying out of all the duties and obligations imposed by the Contract Documents.

The Contractor agrees to satisfactorily complete all of the Contract Works under this Contract within ____________ calendar days from receipt of the Notice to Proceed.

C-05 DELIGATION OF THE NIA

The NIA agrees, subject to the terms and conditions in the Contract Documents, to pay to the Contractor the total amount of ___________________________________________________________________________________, at the rates and times and in the manner set forth in the Contract Documents.

C-06 MUTUAL OBLIGATIONS

The NIA and the Contractor mutually agree to perform, fulfill, abide by, and submit to any and all of the provisions and requirements and all matters and things contained or expressed in or reasonably to be inferred from the Contract Documents.

C-07 LIQUIDATED DAMAGES

The parties hereby expressly agrees that Liquidated Damages, under this Contract, shall be settled in accordance and subject to such terms and conditions as set forth under Article GC-63 of the special conditions and other pertinent provisions of the Contract Documents.

C-08 PERFORMANCE SECURITY

In compliance with the conditions in the Contract Documents, the Contractor hereby posts his Performance Security in the form of __________dated _____________ issued by ___________ ___________________________________________________ in the amount of _________________________________________________________ which is valid and in effect for the entire duration of the Contract, including any extension.

The Performance Security shall be released by the NIA after final acceptance of the Works, provided liquidated damages and other claims, if any, had been settled.

C-09 NOTICES

All notices called for by the terms of this Contract shall become effective only when received by the parties to whom they are addressed at the following addresses:

NIA :

National Irrigation Administration
NIA Bldg., EDSA, Diliman,
Quezon City
CONTRACTOR :
_____________________________________________________
_____________________________________________________
_____________________________________________________
_____________________________________________________

Any change in address by either party shall be made known to the other who will acknowledge the change for purpose of this paragraph.

All notices called for by the terms of this Contract shall be in the English language and shall be sent by messenger or registered mail or telegram. However, telegram shall be confirmed by a letter on the same day.

C-10 INTEGRATION

The NIA and the Contractor agree that this Contract including the Contract Documents, expresses and integrates all of the agreements, understandings, promises and covenants of the parties and supersedes all prior and contemporaneous negotiations, understandings and agreements, whether written or oral, and that no modification or alteration of this Contract shall be valid or binding on either party unless expressed in writing and executed with the same formality as this Contract, except as may otherwise be specifically provided in this Contract.

C-11 JURISDICTION

The parties hereby mutually agree that the venue of action for any cause or causes of action which may arise from this Contract shall be the proper court of Quezon City

C-12 COUNTERPARTS

This Contract is executed in seven identical counterparts, five copies for the NIA, one for the Contractor, and one to be submitted to the _________________________________________________________________________________________________.

C-13 WARRANTY

The Contractor warrants that it has not given or promised to give any money of gift to any official or employee of the NIA and any violation of the warranty shall be sufficient ground for the NIA to revoke or extra judicially cancel this Contract.

C-14 DOCUMENTATION

Documentation/Notarial fees and documentary stamps in connection with this Contract shall be for the account of the Contractor.

C-15 APPROVAL

This Contract shall be subject to the approval of proper higher authorities in accordance with pertinent laws, rules and regulations.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands at the place and date first above written.
 

NATIONAL IRRIGATION ADMINISTRATION
                              (NIA)                                                                              (CONTRACTOR)
 

By:__________________________________                         By: __________________________________________

SIGNED IN THE PRESENCE OF:

______________________________________                                  ____________ _____________________________

A C K N O W L E D G M E N T

REPUBLIC OF THE PHILIPPINES)

) S. S.
)

Personally appeared before me this ___________ day of _________________; 19____ at _________________________ Philippines, ________________________________________________________________ with Residence Certificate No. ________ issue at________________________ ____________ on ________________________ and Mr. ________________ ________ ____________with Residence Certificate No. _____________ issued at _________________________ on ____________________________, known to me and to me known to be the same persons who executed the foregoing Contract and acknowledged to me that the same is their free and voluntary act and deed.

This Contract consists of _______________________________(_____) pages, including this Notarial Acknowledgment, signed by the parties and their witnesses on each and every page therefore. This refers to the __________________________________________________________________________________________________________________.

NOTARY PUBLIC

Until December 31, 19______
PTR No. ________________
Issued at ________________
On _____________________
Doc. No. _____________
Page No. ____________
Book No. ____________
Series of _____________