DESIGN AND BUILD AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This DESIGN AND BUILD AGREEMENT is entered into by and

between:

CLIENT 1, of legal age, Filipino, and his legal wife, CLIENT 2 of

legal age, Filipino, both residents of Plantazzionne [ INSERT
ADDRESS], Philippines, and referred to as the OWNERS (see
attached IDs),,

NAME OF ENGINEER, of legal age, Filipino, married and a

resident of [ INSERT ADDRESS], and referred to as the
ENGINEER (see attached ID),,

and

NAME OF ARCHITECT, of legal age, Filipino, married and with

office address at [INSERT ADDRESS], and referred to as the
ARCHITECT (see attached ID)..

W I T N E S S E T H:

WHEREAS, the OWNER is the registered owner of a parcel of land

located at ____________________ and covered by Transfer Certificate of Title
No. _____________________, issued by the Register of Deeds of
________________;

WHEREAS, the OWNER intends to construct a house on the above-

mentioned parcel of land and, for that purpose, engaged the services of the
ENGINEER and the ARCHITECT to undertake the completion of the project.

NOW, THEREFORE, for and in consideration of the foregoing premises,

the parties agree as follows:

I. SERVICES AND RESPONSIBILITIES OF THE

ARCHITECT:

Article I. Architect’s Scope of Professional Services

A. Preliminary Design (20% of the Architect Professional Fees &

Services)
B. Designed Development (35% of the Architect Professional Fees &
Services)
C. Contract Documents (20% of the Architect Professional Fees &
Services)

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 D. Supervision (15% of the Architect Professional Fees & Services)
1.1 Items A, B and C had been completed are in the process of being completed
with the approval of the owner Owner as shown in the attached previous in-
principle agreement and the to be completed plans. It has been agreed that
upon the agreement of the Architect and the Engineer to this contract an initial
amount of P350,000 will be paid to the Architect, which will be deducted from
further fees due to the Architect. Except for Iitem (D), supervision to ensure that
construction will be undertaken according to the plans and specification, will be
carried out
which the architectby the Architect upon commencement of construction. This
task may be delegated to another person/company following consultation and
agreement of the Owner. In particular, the Architect will perform the following
tasks: will undertake supervision (which maybe delegated) of the construction
according to the plans and specification.

A. Verification of Lot Documents

B. Contractor’s compliance of the general building construction
guidelines of the association
C. Building Lay-out
D. Building Easement
E. Material Inspection
F. Rebar installation. Prior to concrete pouring
Finishing Works
A. Masonry and Capentry Works
B. Floor and Wall Tiling
Roughing ins
A. Electrical Lay-out
B. Plumbing and Ground Lay-out
Article II. Contract Price

2.1 The owner shall pay the architect for services rendered the contract
sum of ONE MILLION NINE THOUSAND SEVENTY SIX (₱1,009,076.70)
PESOS & 70/100.

2.2 Other Fees – The owner shall pay the Architect for Other Fees
over and above the Architect’s Professional Fee in the amount of
THREE HUNDRED EIGHTY THOUSAND (P380,000.00) for the
following:

A. Administration Fee - P250,000.00

This is for the processing of all government
requirements such as the Building Permit,
the Fire Department Requirements, the
the Occupancy Permit, the Water and
Electrical connection requirements, and
the Ayala requirements.

B. Allied Technical Services Fees – P 60,000.00

This is to pay for the certification of
the plans by the Structural Engineer,
the Master Plumber, the Electrical Engineer
and the Mechanical Engineer.

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 C. Cost of the Government Fees such as P70,000.00
Building Permit, Zoning Fee, Fire Clearance,
and Occupancy Permit.

Article III. Payment Method

3.1 The owner will make the necessary payments to the following
account of the Architect:

Account Name:

Name of bank and address:

Account Number:

Bank Swift code:

Article IIIIV. Venue

4.1 In case of dispute arising from, or involving, the implementation,

enforcement and/or interpretation of this agreement, both parties agree
that the exclusive venue of any court action shall be in the appropriate
courts in Bacolod City only and to the exclusion of all other venues.

II. SERVICES AND RESPONSIBILITIES OF THE ENGINEER:

ARTICLE 1. SCOPE OF WORKS

1.10 The Engineer, in consideration of the payment stated hereinafter, agrees to

satisfactorily perform the following in order to commence and complete the
PROJECT, make it fully operational and ready for use as shown on the drawings
and described in the Specifications, instructions and other related documents
and as approved by the Owner:

1.10.11 Construction of a TWO-STOREY RESIDENTIAL RESIDENCE at

__________________________.
1.10.2 2 Provision of labor, materials and equipment to satisfactorily meet
the following scope of work:

I. SITE WORKS

A. Clearing the site of debris and unwanted materials prior

to turn-over.

II. CONCRETE AND MASONRY

A. Rebars and concrete pouring of concrete column-

footings as indicated in the structural plans
B. Rebars and concrete pouring of columns for columns
as per plans and specifications.
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 C. Rebars and concrete pouring of wall footing as indicted
in the plan.
D. Setting of 4” concrete hollow blocks for exterior walls
and exterior partitions as per plan and specifications.
E. Finishing of all exterior walls (rough finish) and interior
partitions (smooth finish)
F. Filling and compaction of ground floor slab up to 0.30
M from subdivision street line.
G. Rebars and concreting of floor slab (4” concrete slab
on fill with 10mm deformed steel rebars @ 0.40
m.o.c.b.w.).
H. Rebars and concrete pouring of second floor slab
I. Construction of a water drain/trench around the house
feeding into the village drainage system, including
underground cistern and water pump
J. Construction of a low perimeter fence demarking the lot
at both sides and at the rear.

III. CAPENTRY WORK

A. Fabrication and installation of all formworks ad

scaffoldings
B. Exterior Ceiling as per plan
C. Interior Ceiling
D. Fabrication and installation of closets and cabinets and
accessories as indicated on the plans.
E. Purchase, Fabrication, setting and installation of door
jambs, doors and door accessories as per schedule of
doors.
F. Fabrication and installation of door casing.
G. Setting of wooden stair planks.

IV. STEEL WORKS

A. Roof Framing
B. Railings

V. ROOFING TINSMITHWORKS

A. Purchase and installation of Pre- painted long span rib

type profile white metal roofing sheets
B. Purchase and installation of plain g.i. (pls. spell out)
bended accessories

VI. TILEWORKS

A. Setting of granite tiles , ceramic tiles, rustic floor tiles

and vitrified floor tiles as per plan and specifications
using Regular Tile Adhesive
B. Setting of wall tiles up to a height of 2.70 meters from
the floor line for bathrooms

VII. ELECTRICAL WORKS

A. Installation service entrance

B. Installation of electrical meter socket.
C. Wiring installation (single phase) and wiring devices as
per plan.
D. Installation of LED ceiling lightning fixtures as per plan
and specifications.
E. Installation of telephone lines.

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 F. Installation of circuit lines for cable connection.

VIII. PLUMBING

A. Purchase and installation of drainage, waste and vent

pipes for all toilet and bathrooms, kitchen and laundry
room.
B. Purchase and installation of water supply lines from the
subdivision’s main water line and distribution lines for
toilets
C. Purchase and installation of plumbing fixtures such
water closets, lavatories, shower heads, shower
valves, floor drains as per plan and bill of materials.
D. Purchase and installation of bathroom accessories
such toilet paper holder and soap holder.
E. Installation of storm drainage and catch basins.
F. Purchase and installation of multi point water heaters
for all toilet/bath, except at the maid’s bathroom.

IX. PAINTING WORKS

A. Painting of exterior wall and interior walls using Davies

Megacryl Semi gloss Latex paint or equivalent.
B. Painting/staining of cabinet and closets using Davies
wood Stain.
C. Application of concrete sealer and the like on stone
surfaces.
D. Staining and application of polyurethane top coat on
wood planks as stair thread.

X. GLASS AND GLAZING

A. Installation of Powder Coated Framed sliding windows

and doors per plan and specifications.

1.2 This contract does not include the following:

1.20.1 Landscaping
1.20.2 Purchase of appliances and installation (air-con units, freezer,
refrigerators, range hood and cooking range) and house furniture.
1.20.3 Payment of fees arising from application of membership of the Owner to
local utility and cable companies or equivalent..
1.20.4 Purchase and installation of mirrors, automatic door closer, curtain
hangers and rods and other interior accessories.
1.20.5 Drilling and installation of water wells. (please delete; not allowed at
Ayala)
1.20.6 The filling materials indicated in the plans and specifications is only within
the premises of the building line. Filling of areas outside the building lines
is not included in this contract.
1.27 The purchase and installation of photovoltaic (PV) panels at the south
side of the roof for which the Owner will engage a separate contractor.

1.28 The purchase of tiles, water heaters, water closets, bathroom fixtures,
doors, etc. will be done following consultation with the Owner.

ARTICLE 2. TIME OF COMPLETION

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2.10 The work stipulated in this contract shall be completed “broom clean”, fully
operational and ready for use not later than Nine (9) months after the
commencement of the work unless delay is caused by the owner herself or by
reason of her non-payment of her financial obligation to the Engineer or force
majeure. Construction is scheduled to begin by February 2019. A detailed
construction schedule is in Appendix --.

2.302 The counting construction period stipulated herein commences upon the start of
the actual construction of the project and does not include Sundays and holidays.
2.403 Extra works agreed upon by both parties shall be subject to extension of the
contract time.

ARTICLE 3. THE CONTRACT AMOUNT

That, for and in consideration of the faithful performance by the Engineer of this
Contract, the Owner agrees to pay the amount of TEN MILLION NINETY THOUSAND
SEVEN HUNDRED SIXTY-SEVEN PESOS (₱10,090,767.00), in manner provided
hereinafter:

3.10 It is expressly agreed by both parties that no change shall be made in the above-
mentioned contract amount as a result of any fluctuation in the cost of materials
and/or labor.

3.20 Should the Owner require the Engineer to perform work over and above the
mentioned by this Agreement, the additional cost shall be added to the Contract
Amount and, likewise, should he be ordered to omit work as required by this
Agreement, the cost of the work omitted shall be deducted from the Contract
Amount. In either case, the cost of additions or reductions shall previously be
mutually agreed upon in writing by both Owner and Engineer before execution.

3.3 A breakdown of the estimated Labor Cost and estimated Cost of Bill of Materials
to be used are in Appendix--.

ARTICLE 4. PAYMENTS

4.10 Payments on account of this Contract shall be made by the Owner to the
Engineer in the following manner:

Upon Start of Construction - ₱ 1,009,076.70

After 1st Month of Construction - 1,026,773.33
After 2nd Month of Construction - 1,098,773.33
After 3rd Month of Construction - 945,440.00
After 4th Month of Construction - 1,104,192.66
After 5th Month of Construction - 1,266,119.78
After 6th Month of Construction - 573,263.55
After 7th Month of Construction - 766,093.42
After 8th Month of Construction - 766,093.42
After 9th Month of Construction - 525,864.11
Retention - 1,009,076.70

TOTAL ₱ 10,090,076.70

4.20 Retention shall be released by issuing a PDC check dated 30 days after turn-
over date. However, the said check shall be encashed upon the advice of the
owner after the Engineer Notice.
4.30 Payment delay of 2 weeks upon submission of billing report Engineer will hold
construction work until payment is made.

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4.4 All payments due to the Engineer will be made through the account of the
Architect as indicated in Article II. of Section I. above.

III. ADMINISTRATION OF PROJECT EXECUTION

ARTICLE 51. THE CONTRACT DOCUMENTS

51.10 The following documents as prepared by the Architects, submitted to and

approved by the Office of the Building Officials, shall constitute an integral part of
this contract as fully as if thereto attached or herein stated, except as otherwise
modified by mutual agreement of parties: Architectural Drawings, Structural
Drawings, Electrical Drawings, Plumbing/Sanitary Drawings, and Specifications
and Minimum Standards of All Materials, and General Considerations (see
Appendixes – to --).

ARTICLE 62. MONITORING AND REPORTING

2.1 The Architect will report to the Owner on a monthly basis about the cost and the
progress of the construction. The Architect will inspect, verify, and sign off on all
claims for payment submitted by the Engineer. Likewise, the Architect will identify
any problems or issues that may arise during construction and notify the Owner
accordingly. The Architect will maintain a database of all expenses with
supporting documents incurred by the Engineer and payments made thereof.

2.2 Both the Architect and the Engineer will designate alternate persons with their
respective companies that can perform the necessary duties and act as contact
and responsible person in case of their absence. This will be done prior to
commencement of construction.

2.3 The Owner will appoint a local liaison person who will monitor construction on
behalf of the Owner and will be given full access to the construction during his
weekly visits. This person will also be authorized to discuss any issues identified
with the Architect and/or Engineer. The Owner will notify the name of this person
to Architect and Engineer prior to commencement of construction.

ARTICLE 73. TURN-OVER

63.10 The project is deemed finished and ready for turn-over if all the works stipulated
in the contract documents have been satisfactorily complied.
63.20 Upon full completion of the project and payment of the corresponding financial
obligation by the Owner, the Engineer shall immediately facilitate the processing
of Occupancy permit.

ARTICLE 84. MAKING GOOD OF KNOWN DEFECTS AND OTHER LIABILITIES

74..10 The Engineer assumes responsibilities for detects arising from construction Two
hundred forty (240) days after turn-over of the project.

ARTICLE 95. OTHER MATTERS

85.10 Subject to the rules of the subdivision, the Owner allows the Engineer the right to
use the premises of the site to house the laborers and materials.

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85.20 Actual water and electrical expenses shall be on the account of the Engineer
while construction is in progress.
85.30 The Engineer should be consulted if the owner Owner intends to provide or
upgrade some materials to be used in the project. In such case, the value of
estimated item as reflected on the Bill of Materials shall be deducted from the
contract amount.

ARTICLE 106. TERMINATION OF CONTRACT

96.10 This Contract is hereby terminated on terms mutually agreed upon by both
parties.
9.6.20 In case, when the contract is terminated based on cause not attributed to the
Engineer, the payment of the remaining balance of Contract amount is deemed
demandable.
96.30 However, when the contract is terminated based on cause attributed to the
Engineer, the payment shall be recomputed based on the actual accomplishment
and the excess payment be refunded not later than Five (5) days after the
Engineer has been formally informed of the termination in writing by the Owner.
96.40 In case of dispute involving the implementation, enforcement and/or
interpretation of this agreement, both parties agree that the exclusive venue of
any court action shall be in the appropriate courts in Bacolod City only and to the
exclusion of all other venues.

IN WITNESS WHEREOF, the parties have set their signatures

this ___ day of ______________________, 2020, in
______________, Philippines.

INSERT NAME AND SIGNATURES HERE

REPUBLIC OF THE PHILIPPINES ]

City of Bacolod ]
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

BEFORE ME, a notary public for and in Bacolod City, personally appeared
the following persons with their competent evidence of their identities as follows:

NAME 1
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NAME 2
NAME 3

Known to me to the same persons who executed the foregoing agreement and
who acknowledged to me that the same is their free and voluntary act and deed.
This Design & Build Agreement consists of SEVEN (7) PAGES including this
page on which the acknowledgment is written.

WITNESS MY HAND AND SEAL on the date and place first above-
written.

____________________

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2018.