Know all men by these presents

Port Area, San Francisco Street, Butuan City 8600, PHILIPPINES

CONTRACT/AGREEMENT FOR THE REPAIR OF ROCK EMBANKMENT AT MASAO PORT TERMINAL, LUMBOCAN, BUTUAN CITY

KNOW ALL MEN BY THESE PRESENTS:
THIS CONTRACT/AGREEMENT made and entered into this ____ day of ___________ in the City of Butuan, Philippines, by and between:
PHILIPPINE PORTS AUTHORITY, PMO NASIPIT, a government instrumentality attached to the Department of Transportation and Communications created and existing under and by virtue of Presidential Decree No. 857, as amended, with office address at Port Area, San Francisco Street, Butuan City represented herein by its Port Manager, RENATO T. TOLINERO, hereinafter referred to as the “PPA”,
-and-
JOAN CONSTRUCTION, a single proprietorship business duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with principal address at Rene-B, D and H Homes, J. C. Aquino Avenue, Butuan City, represented herein by its Proprietor/Manager, CORNELIO I. MACOTO, hereinafter referred to as the “CONTRACTOR”.

W I T N E S S E T H
WHEREAS, the PPA is desirous that the Contractor execute the PROJECT NRP-NAS-01-13: REPAIR OF ROCK EMBANKMENT AT MASAO PORT TERMINAL, LUMBOCAN, BUTUAN CITY (hereinafter called the “Works”) and the PPA has accepted the Bid for PESOS: THREE MILLION FOUR HUNDRED SIXTY FOUR THOUSAND ONE HUNDRED FORTY TWO & 00/100 (₱3,464,142.00) by the Contractor for the execution and completion of such Works and the remedying of any defects therein.
NOW THIS CONTRACT/AGREEMENT WITNESSETH AS FOLLOWS:

1. 
   In this Contract/Agreement, words and expressions shall have the same meanings as are respectively assigned to them in the Conditions of Contract hereinafter referred to.
   

2. 
   The following documents shall be attached, deemed to form, and be read and construed as part of this Contract/Agreement, to wit:
   

1. 
   General and Special Conditions of Contract;
   
2. 
   Drawings/Plans;
   
3. 
   Specifications;
   
4. 
   Invitation to Apply for Eligibility and to Bid;
   
5. 
   Instructions to Bidders;
   
6. 
   Bid Data Sheet;
   
7. 
   Addenda and/or Supplemental/Bid Bulletins, if any;
   

8. 
   Bid form, including all the documents/statements contained in the Bidder’s bidding envelopes, as annexes;
   
9. 
   Eligibility requirements, documents and/or statements;
   
10. 
    Performance Security;
    
11. 
    Credit line issued by a licensed bank, if any;
    
12. 
    Notice of Award of Contract and the Bidder’s conforme thereto;
    
13. 
    Other contract documents that may be required by existing laws and/or the PPA.
    

3. 
   In consideration of the payments to be made by the PPA to the Contractor as hereinafter mentioned, the Contractor hereby covenants with the PPA to execute and complete the Works and remedy any defects therein in conformity with the provisions of this Contract/Agreement in all respects.
   

4. 
   The PPA hereby covenants to pay the Contractor in consideration of the execution and completion of the Works and the remedying of defects wherein, the Contract Price or such other sum as may become payable under the provisions of this Contract/Agreement at the times and in the manner prescribed by this Contract/Agreement.
   

IN WITNESS whereof the Parties thereto have caused this Contract/Agreement to be executed the day and year first before written.

PHILIPPINE PORTS AUTHORITY JOAN CONSTRUCTION

By: By:

RENATO T. TOLINERO CORNELIO I. MACOTO

Port Manager Proprietor/Manager

W I T N E S S E S


RONALDO C. MONTERO RANDY A. JONGKO

ESD Manager Project Manager

PPA, PMO-Nasipit JOAN Construction

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

REPUBLIC OF THE PHILIPPINES S.S.

City of Butuan –x-x-x-x-x-x-x-x-x-x

BEFORE ME, a Notary Public for and in the City of Butuan, Philippines, personally appeared:
Name Identification Document Presented No./Place/Date Issued
RENATO T. TOLINERO ________________________ _______________

CORNELIO I. MACOTO ________________________ _______________

known to me and to me known to be the same persons who executed the foregoing instrument as:

Position

Company

CTC No.

Date

Place

Port Manager Philippine Ports

Authority

PMO Nasipit _________ ____________ ___________

Proprietor/Manager JOAN

Construction _________ ____________ ___________

and who acknowledged to me that the same are their true and voluntary act and deed, and the corporation/entity which they respectively represent.

This instrument is a Contract/Agreement for the Project NRP-NAS-01-13: Repair of Rock Embankment at Masao Port Terminal, Lumbocan, Butuan City consisting of three (3) pages, including this page where the Acknowledgment is written. Pages 1 and 3 are signed on the left margin thereof and page 2 is signed at the corresponding spaces provided for the Parties and their instrumental witnesses and sealed with my notarial seal.
WITNESS MY HAND AND SEAL this ______ day of _____________________ at Butuan City, Philippines.

Doc. No. ___________

Page No. __________

Book No. __________

Series of 2013