DIVISION 00 

  : CONTRACT DOCUMENTS

00500             : BUILDING CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

                This contract made and entered into this 14th day of July 2010 by and between:

                THE PRESIDENT OF NETOPIA INTERNET CAFÉ, a computer shop duly organized
and existing under and by the virtue of the laws of Philippines, with office address at Arellano
St. Dagupan City, represented by SIXTO TAMAYO, in his capacity as Area Branch Manager,
hereinafter referred to as the OWNER.

                                                       -AND-

               MF JING with business address at # 143 Korea St. Calasiao, Pangasinan and
Contractor’s  Licensed No. 121307 Category: “AAA” Original License Date July 14, 2000,
herein represented by its STRUCTURAL ENGINEER. Engr. Nelsam F. Lamsen of legal age,
resident of Libsong West Lingayen, Pangasinan. With Tax Identification Number of 936000725,
herein referred to as the CONTRACTOR.

WITNESSETH

That the Parties in consideration of the premises and the covenants hereafter contained agree as
follows:

                                                 

ARTICLE 1: THE CONTRACT DOCUMENTS

ANNEX A : Building Plans

ANNEX B : Bill of Materials/ Cost Estimates

ANNEX C : GANNT Chart

ANNEX D : Comprehensive Specifications

              The Building Plan, Gantt Chart, Cost Estimate Sheet, General Conditions of the
Contract, Technical Plans and Specifications, Program of Works, as well as the Drawings
relating thereto on file in the office of the CONSULTANT are hereby incorporated and
acknowledged to form an integral part of this Contract Documents are signed by both Parties.

                                    ARTICLE 2: SCOPE OF WORK

            The CONTRACTOR, in consideration of the stipulated contract price paid by the

OWNER shall undertake to construct, perform and erect.

                                 THE PROPOSED 2 STOREY BUILDING

                                          NETOPIA INTERNET CAFÉ

                                                  (PROJECT NAME)

                  Upon the lot, in the manner and form shown on the plans hereof and described in the
Specifications prepared by CONSULTANT pursuant to the Plans and Specification, which are
integral pars hereof.

                  It is understood that the CONTRACTOR  shall fully and faithfully furnish at is
expense all labor, tools, plant, equipment  and all materials or facilities and will do all things
necessary for the proper construction and completion of all work shown and described in the
Contract  Documents.

ARTICLE 3: CONTRACT PRICE

                   The OWNER , for and in consideration of the fulfillment of this Contract by the
CONTRACTOR, in accordance with the provisions of the Contract Documents and subject to
the additions and deductions provided therein, shall pay to the Contract.

                  Lump Sum:  PESOS: THREE MILLION, TWO HUNDRED SIXTY ONE
THOUSAND ,ONE HUNDRED THIRTY SEVEN PESOS ONLY(P 3,261,137.00)

                 It is understood that the Contract Price indicated in this provision includes all forms of
taxes, fees, permits and licenses’ that the CONTRACTOR has to pay in relation to the Contract
                                            ARTICLE 4. TERM OF PAYMENTS

                   The OWNER shall make payment in progress billings based on thr minimum value
of work accomplished less ten percent( 10%) retention and  Expanded Withholding tax( Two
percent of the amount due or the rate mandated by the  Bureau of Internal Revenue ), for the
duration of the Contract. The schedule of payments shall be in accordance with the construction
schedule(S-curve) and in the following percentages: 5%,10%,
15%,20%,30%,40%,50%,60%,70%,80%,90% and 100%.

                    As required by law, the Contractor’s Expanded Withholding Tax withheld from each
payment to the CONTRATOR shall be transmitted by the OWNER to the Bureau of Internal
Revenue in favor of the CONTRACTOR’S TAX IDENTIFICATION NUMBER 936000725.

                   No request for payments shall be made by the CONTRACTOR unless the same are
on the prescribed form and bear the approval of the Project Inspector, CONSULTANT,  Project
Manager and the Area Project Management Manager of the OWNER.

                    In some cases, payments of eighty percent (80%) of material value of specially
fabricated and installed materials may be made to the CONTRACTOR upon delivery and receipt
of the said materials on the project site. In addition, such payment shall only be granted provided
such materials are delivered/stored at the designated agreed site and shall have passes the
required test provided for in the specifications.

                      The OWNER shall, however, retain the CONTRACTOR’S ten percent (10%)
retention money until all terms on the Substantial Inspection are satisfactorily completed and
accepted by the OWNER. If the CONTRACTOR shall refuse or fail to complete the Substantial
Inspection punch list, within the time fixed by a written notice, the OWNER shall have the right
o hire the services of another contractor to complete the same using he CONTRACTOR’S ten
percent (10%) retention amount. The balance, if any, shall be returned to the CONTRACTOR.

                  The full and final payment, together with the ten percent retention shall be paid to the
CONTRACTOR as provided for and upon compliance of the requisites provided under the
General Conditions, or the submission of Certificate of Substantial Completion.

Schedule of payment shall be as follows:

% of Contract Amount

Price

Upon Signing of Contract / Onset of the Construction --à 30% 978,341.1

 BALANCE – Thru Monthly Progress Billing-------------à 70% 2,282,795.9

TOTAL 100% P 3,261,137.00

ARTICLE 5: TIME OF COMPLETION

The CONTRACTOR shall be given FIVE (5) months to complete the project from
onset of construction. Extension shall be granted, however, by appreciable additions or
alterations in the work ordered by THE CLIENT or where inclement weather prevents
labor to report for work or continue to work or by force majeure, war, rebellion, strikes,
epidemics, fires and riots.

Extension shall likewise be granted where THE CLIENT fails to pay on time.

In case CONTRACTOR encounters any justifiable cause or reason for delay, the
CONTRACTOR shall within FIFTEEN (15) days after encountering such cause of delay
submit to THE CLIENT in writing.

ARTICLE 6 : ESCALATION CLAUSE

Due to the spiraling cost of construction materials, the CONTRACTOR shall give list
of materials which must be purchase in advance to be paid by the THE CLIENT upon
delivery of which said amount shall be deducted to the CONTRACT PRICE later.

ARTICLE 7 : WARRANTY OF THE PROJECT

The CONTRACTOR hereby provide a Warranty Period of One (1) year from the

date of final completion of the Contract Works. He shall at his own expense correct

any defects noted or appearing in the works which is traceable to poor workmanships, poor
quality materials and non compliance with the Plans and Specifications.
 ARTICLE 8: FAILURE TO COMPLETE WORK

For failure to complete the project on time, the CONTRACTOR shall pay

THE CLIENT liquidated damages equivalent to ONE TENTH of one percent of the
Contract Amount (P3,261.14) per calendar day of delay, unless there are justifiable causes as
enumerated in ARTICLE VI.

IN WITNESS WHEREOF, the parties have hereunto signed these presents in place and
on the date first above-written.

Contracting Parties:

CONTRACTOR: THE PAROCHIAL BOARD

Represented by: Represented by:

Rev. Fr. ANGELO L. ANTHONY

Engr. NELSAM F. LAMSEN HONORARY CHAIRMAN

PTR No. 2244915 Issued On: 1-16-2008

MF JING CONSTRUCTION

Rev. Fr. Kenneth Tamayo

HONORARY CHAIRMAN

Brig.Gen. MANUEL B. CARPO, (Ret.)

CHAIRMAN (currently on vacation abroad)

 Mr. Wilson Cruz

VICE CHAIRMAN

Signed in the Presence of:

Board Members:

Atty. Rafael A. Estrellas Engr. Napoleon Z. Esguerra

Auditor C.E. Member

Miss Shirley Tamayo Mrs. Janna Maramba

Secretary Member

Mrs. Aileen Zabala Mr. Irwin P. Cara

Member Member

Miss Mary Ann Fernandez Mrs. Ziya Calimlim

Member Treasurer
UNIVERSITY OF PANGASINAN

(PHINMA EDUCATION NETWORK)

ARELLANO ST.DAGUPAN CITY

S.Y. 2010-2011
 BUILDING CONTRACTS

(CONSTRUCTION PROJECT MANAGEMENT)

SUBMITTED BY:

LAMSEN, NELSAM F.
BSCE

SUBMITTED TO:

ENGR. BOBBY CALICDAN