国际劳务分包合同样板(英文版).doc

LABOR CONTRACT AGREEMENT FOR BASEMENT PAINTING WORKS (LABOR ONLY)

KNOW ALL ME BY THESE PRESENTS:

This Contract Agreement made and entered into this ______ day of ___________________, 2009, by and between:
CHINA STATE (PHILS.) CONTSTRUCTION ENGINEERING CORP., a corporation duly organized and existing under the law of the Republic of the Philippines with principal office at 21st Floor, The maknli one Bldg., Emerald Avenue, Pasig City, represented herein in this instance by peter Gong, Project Manager, hereinafter referred to as the “GENERAL CONTRACTOR”;

-And-

RVGALICIA CONSTRUCTION a company duly organized and existing under the laws of the Republic of the Philippines, with principal office address at Block 14 Lot 4 Phase 1C San Lorenzo South, Sta. Rosa City, Laguna, represented herein in this instance by Raymund V. Galicia, General Manager, hereinafter referred to as the “LABOR CONTRACTOR”;

WITNESSETH That:

WHEREAS, the GENERAL CONTRACTOR desires to prioritize the construction of THE RESIDENCES ACROSS MANILA GOLF located at Blk. 21 Lot 1 & 2A, Crescent Park West, Bonifacio, Taguig City hereinafter referred to as the PROJEC T;

WHEREAS, the LABOR CONTRACTOR has represented and warranted itself as competent, capable, qualified and duly licensed with the financial resources required to supply labor for BASEMENT PAINTING WORKS of certain portion as determined by the GENERAL CONTRACTOR in accordance with
the plans and specifications prepared by the OWNER, copy of which are made as an integral part of this agreement.

WHEREAS, relying on the above-mentioned representations and warranties made by the LABOR CONTRACTOR, the GENERAL CONTRACTOR has accepted the offer to supply labor for the aforesaid construction works.

NOW THEREFORE, for and in consideration of the foregoing premises and of the mutual covenants hereinafter set forth, the parties hereto have hereunto agreed as follows:

ARTICLE I – CONTRACT DOCUMENTS
The provisions contained in this document and the following documents which are attached hereto, shall form parts of this Agreement:
1. The basic plans prepared by the GENERAL CONTRACTOR marked as Annex “A”.
2. Weekly Construction schedule issued by the GENERAL CONTRACTOR marked as Annex “B”

In case of irreconcilable conflict between the provisions of this Agreement and those of the plans and specifications, the provisions of this Agreement shall prevail.
The LABOR CONTRACTOR shall make no change or alteration in the plans and specifications without the prior written approval of the GENERAL CONTRACTOR. A mere act of tolerance shall not constitute approval.

ARTICLE II – SCOPE OF WORK
The work to be done under this Contract is Basement Painting Works of the PROJECT all strict compliance with the terms and conditions of this Agreement. Hereunder are details of scope of works:
1. The LABOR CONTRACTOR shall implement the external painting works and exterior wall precast and columns joint sealant application strictly based on the specification and key plan.
2. The LABOR CONTRACTOR will provide skilled labor, equipment and tools which are necessary for the work including supervision to carry out the contracted work.
3. The GENERAL CONTRACTOR will provide its own gondola to implement the contracted work.
4. The LABOR CONTRACTOR will load and haul the materials to the working area. The GENERAL CONTRACTOR will provide the hauling equipment (such as Tower Crane and Elevator).
5. The LABOR CONTRACTOR will do the other related works assigned by the GENERAL CONTRACTOR and PMT.
6. The LABOR CONTRACTOR should submit a guaranteed quantity of material used per square meter (including reasonable wastage allowance) for the GENERAL CONTRACTOR’s supply.

PARTICULARS
QTY.
UNIT
UNIT PRICE
AMOUNT (P)
1. Neutralizer, One (1) coat flat Latex, Two (2) coats, Semigloss Latex, No Putty works

Basement 1 Perimeter Walls 6.00meter high
1,425.30
sqm
60.00
85,518.00
Core Walls
285.84
sqm
60.00
17,150.40
Basement 2 Perimeter Walls 3.10meter High
736.41
sqm
60.00
44,184.30
Core Walls
147.68
sqm
60.00
8,861.04
Basement 3 Perimeter Walls 3.10meter High
736.41
sqm
60.00
44,184.30
Core Walls
147.68
sqm
60.00
8,861.04
Basement 4 Perimeter Walls 3.10meter High
736.41
sqm
60.00
44,184.30
Core Walls
147.68
sqm
60.00
8,861.04
Basement 5 Perimeter Walls 3.10meter High
736.41
sqm
60.00
44,184.30
Core Walls
147.68
sqm
60.00
8,861.04
Sub-total Perimeter Walls Labor Only
5,247.50
sqm
……….
314,849.76

2. Two (2) Coats Traffic Painting (black/yellow)

2.1 Perimeter Double Band
QTY
UNIT
UNIT PRICE
AMOUNT (P)
B1 Perimeter Double Band 10mm each
364.54
lm
40.00
13,061.44
B Perimeter Double Band 10mm each
364.54
lm
40.00
13,061.44
B3 Perimeter Double Band 10mm each
364.54
lm
40.00
13,061.44
B4 Perimeter Double Band 10mm each
364.54
lm
40.00
13,061.44
B5 Perimeter Double Band 10mm each
364.54
lm
40.00
13,061.44
22 Diagonals on Columns 1.50m H

B1 Columns (Bollards excluded)
3,560.10
lm
40.00
142.404.00
B2 Columns (Bollards excluded)
3,560.10
lm
40.00
142.404.00
B3 Columns (Bollards excluded)
3,560.10
lm
40.00
142.404.00
B4 Columns (Bollards excluded)
3,560.10
lm
40.00
142.404.00

B5 Columns (Bollards excluded)
3,560.10
lm
40.00
142.404.00
2.3 Black/Yellow Warnings on Curbs

B1 Curbs around Core
20.10
lm
40.00
804.00
B2 Curbs around Core
20.10
lm
40.00
804.00
B3 Curbs around Core
20.10
lm
40.00
804.00
B4 Curbs around Core
20.10
lm
40.00
804.00
B5 Curbs around Core
20.10
lm
40.00
804.00
2.4 Black/Yellow on Lift Lobby Entrance

B1 (In-between lines painting excluded)
47.64
lm
40.00
1,905.60
B2 (In-between lines painting excluded)
47.64
lm
40.00
1,905.60
B3 (In-between lines painting excluded)
47.64
lm
40.00
1,905.60
B4 (In-between lines painting excluded)
47.64
lm
40.00
1,905.60
B5 (In-between lines painting excluded)
47.64
lm
40.00
1,905.60
2.5 Parking Slot Lines

Basement 1
480.00
lm
40.00
19,200.00
Basement 2
480.00
lm
40.00
19,200.00
Basement 3
480.00
lm
40.00
19,200.00
Basement 4
480.00
lm
40.00
19,200.00
Basement 5
480.00
lm
40.00
19,200.00
2.6 Parking Slot Numbers

Basement 1
48.00
Pcs
100.00
4,800.00
Basement 2
48.00
Pcs
100.00
4,800.00
Basement 3
48.00
Pcs
100.00
4,800.00
Basement 4
48.00
Pcs
100.00
4,800.00
Basement 5
48.00
Pcs
100.00
4,800.00
2.7 Directional Arrows

Basement 1
16.00
pcs
150.00
2,400.00
Basement 2
16.00
pcs
150.00
2,400.00
Basement 3
16.00
pcs
150.00
2,400.00
Basement 4
16.00
pcs
150.00
2,400.00
Basement 5
16.00
pcs
150.00
2,400.00
Sub-total Traffic Painting Labor Only

P
916,259.84

3. Three (3) coat Semigloss Latex on Admin Office Ceiling / Walls

Ceiling (Labor & Materials)
76.08
sqm
150.00
11,412.00
Walls (Labor & Materials)
337.88
sqm
150.00
50,682.00
Sub-total Labor & Materials

62,094.00
GRAND TOTAL AMOUNT

P
1,293,203.60

The LABOR CONTRACTOR shall assign his representatives and engineer full time on site during the contracted works and related works.
Upon delivery of materials to temfacil area, the LABOR CONTRACTOR should immediately start the external painting works, at a faster speed, so as to reduce the stockpile at temfacil area to create more space.
The LABOR CONTRACTOR should be responsible for organizing the stockpile of materials properly, and make the working area clean and tidy. After the painting works are finished, the LABOR CONTRACTOR should clean the working area and hand over to the GENERAL CONTRACTOR in a good order.
The LABOR CONTRACTOR is also requested to submit a delivery schedule of needed materials fifteen (15) days in advance.
The GENERAL CONTRACTOR will issue weekly construction schedule to the LABOR CONTRACTOR. The LABOR shall submit a manpower schedule in accordance with the weekly construction schedule within two (2) days upon acceptance of the weekly construction schedule.
The scope of work also includes cleaning preparation, and other related preparation works.
All heavy equipment, lifting machines, hauling truck will be provided by the GENERAL CONTRACTOR free of charge.

ARTICLE III – TERMS OF PAYMENT

1. 30% DOWNPAYMENT should be made in this contract.
2. A total amount of PESOS: EIGHTY THOUSAND (Php 80,000.00) as a MOBILIZATION FEE should be made on this contract after the Labor Contractor delivers its own equipment to the jobsite.
3. The Weekly (every six working days) Progress Billing shall be based on the actual accomplishment as certified by the Project Engineer, or any representative assigned by the GENERAL CONTRACTOR and the agreed unit price.
4. The payment hereof shall be paid after seven (7) calendar days upon acceptance of the Weekly Progress Billing and submission of supporting documents and issuance of Official Receipt. Cut – off of submission is every Wednesday and payment will be every Friday of the following week.
5. All the billing shall complied with the billing format and requirement marked as Annex “C”, any missing supporting documents and unformatted billing will affect the release of payment.

6. The billing amount should be evaluated by the actual accomplishment (exclusive of the window opening and PTAC).
7. RETENTION – The GENERAL CONTRACTOR shall deduct and withhold a retention equivalent to five percent (5%) of every progress billing amount. This shall be released to the LABOR CONTRACTOR after six (6) months from the final acceptance of the work covered by this Agreement, after the GENERAL CONTRACTOR has ascertained to its full satisfaction that the Agreement was fully complied with as soon as Surety Bond is submitted.
8. All the Progress Billing is subject to two percent (2%) deduction of Withholding Tax.
9. In case of rectification or repair works, the LABOR CONTRACTOR will be responsible to the defect due to its mistake of poor workmanship that may cause waste of materials. The LABOR CONTRACTOR shall repair such defect items in his own cost immediately. The LABOR CONTRACTOR will not shoulder all other correction of surface due to masonry imperfection. Rework due to poor masonry surfaces shall be on the account of the GENERAL CONTRACTOR.
Payment for works billed shall not be construed as an admission by the GENERAL CONTRACTOR that the LABOR CONTRACTOR has satisfactorily performed or is satisfactorily performing the works in accordance with the plans, specifications and general conditions and bid documents, or that the work is free from defects of any kind, hidden or otherwise, or that the LABOR CONTRACTOR is not violating or is complying or has complied with the provisions, term and conditions of this Agreement or any of the LABOR CONTRACTOR’s obligation hereunder.

ARTICLE IV – CONTRACT TIME / COMPLETION DATE / TIME EXTENSION

The GENERAL CONTRACTOR will issue the construction schedule to LABOR COTNRACTOR before the start of works.
Contract schedule shall commence on the 16th of May 2009.

The LABOR CONTRACTOR shall complete and turn-over all the works assigned as per construction schedule under this Agreement.

ARTICLE V – LIQUIDATED DAMAGES

For failure to complete the Contract Works at the specified date, the LABOR CONTRACTOR shall pay the GENERAL CONTRACTOR, liquidated damages equivalent to one tenth of one percent (0.10%) of the total contract amount per calendar day of delay. However, in no case the liquidated damages shall not exceed ten percent (10%) of the total contract amount.

However, the delay caused by other Subcontractor, lack of materials, etc. the Subcontractor shall not shoulder the liquidated damages.

Payment or deduction of sums due on account of assessment for liquidated damages shall not relieve the LABOR CONTRACOR of its obligation to complete works.

Any sum which may be payable by the LABOR CONTRACTOR for such loss may be deducted from the amounts retained under Article 4.6 or retained by the GENERAL CONTRACTOR when the works called for under this Agreement have been finished and completed.

ARTICLE VI – ASSIGNMENT

This Agreement and/or any of the payments to be due hereunder shall not be assigned in whole or in part by the LABOR CONTRACTOR nor shall any part of the work be sublet by the LABOR CONTRACTOR.

ARTICLE VII – ARBITRATION

Any dispute arising in the course of the execution and performance of this Agreement by reason of difference in interpretation of the Contract Documents set forth shall be resolved amicably between them or shall be submitted by either party to a Board of Arbitrators composed of three (3) members chosen as follows: One (1) member shall be chosen by the LABOR CONTRACTOR and one (1) member shall be chosen by the GENERAL CONTRACTOR. The said two (2) members, in turn shall select a third member acceptable to both of them. The decision of the Board of Arbitrators shall be rendered with ten (10) days from the first meeting of the board, which decision when reached through the affirmative vote
of at least two (2) members of the board shall be final and binding upon the GENERAL CONTRACTOR and the LABOR CONTRACTOR. However, this provision does not prevent any aggrieved party to seek judicial recourse for any valid cause of action arising from or in connection with this agreement.

ARTICLE VIII – COMPLETION & FINAL ACCEPTANCE

If the work done by the LABOR CONTRACTOR is fully completed and in accordance with this agreement, as certified by the Project Engineer, the GENERAL CONTRACTOR shall within fifteen (15) days therefore, cause the issuance of a written certificate of acceptance, the balance found to be due the LABOR CONTRACTOR shall become payable, subject only to the retention provided for under Article 4.6 and the withholding tax provided for under Article 4.7.

Before the issuance of the certificate of acceptance, the LABOR CONTRACTOR shall submit a sworn statement certifying to the GENERAL CONTRACTOR that all payrolls and other indebtedness of the work have been paid. Any claim filed by any party arising from this Agreement will be sufficient reason for the GENERAL CONTRACTOR to withhold the payment due the LABOR CONTRACTOR.

ARTICLE IX – GENERAL PROVISION

1. DISPUTES – Any action based on this Agreement, including disagreement, disputes regarding the terms and conditions, alleged breaches of contract, remedies under contract, shall be governed by the laws of the Republic of the Philippines and shall adjudicated exclusively by a court of competent jurisdiction in Pasig City;
2. The failure of the GENERAL CONTRACTOR to insist upon the strict performance of any of the terms and conditions hereof shall not be deemed an relinquishment or waiver of any rights o