HAULING CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT is made and entered into by and between:

MARMEN MARKETING TRADING AND BUSINESS MANAGEMENT CONSULTANCY SERVICES a

company existing under the law of the Republic of the Philippines with office address at
Suite 357 Torre Venezia, Suites 170 Timog Avenue, Quezon City, Metro Manila,
Philippines represented by its President Marlon L. Mendoza hereinafter referred to as
the “FIRST PARTY”;

-and-

CLAMP ENGINEERING SUPPLY TRADING a Company existing under the law of the
Republic of the Philippines with office address at #2 Mabini Street, Brgy.
Poblacion, Magdalena, Laguna, Philippines represented herein by its President
Job Custodio, hereinafter referred to as the “SECOND PARTY”;

WITHNESSETH

WHEREAS, the FIRST PARTY has a valid contract for hauling services of filling material or
Panambak (“Materials”) with FSI TRADING from the Quarry Site in Gelstone, San Marcelino,
Taysan, Batangas in the morning and Prime Rocks Phils., Brgy. Laurel, Inc., in the evening
(hereinafter the “Quarry Site”) to its projects that will start in Allaminos, Laguna,
(hereinafter “Project Site”).

WHEREAS, the FIRST PARTY needs the services of a qualified dump truck consolidator
and/or trucker for the hauling of the Materials from the Quarry Site to the Project Site;

WHEREAS, the SECOND PARTY is qualified and agreed to undertake the hauling services;

NOW THEREFORE, for and in consideration of the foregoing premises the parties have
agreed under the following terms and conditions:

1. HAULING SERVICES

SECOND PARTY will transport and unload the Materials on a daily basis during the term
of this AGREEMENT.

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2. HAULING DETAILS

SOURCE AND Project Site 1

DELIVERY
a. Project Site Allaminos, Laguna
b. Quarry Site Gelstone, San Marcelino, Taysan,
Batangas

c. Fee per CBM per PHP 305.00 per CBM per truck,
Truck exclusive of EVAT, if any.
d. Minimum No. 2 trips daily
of Trips
e. Distance from to Approximately 63 kms
Project Site

DELIVERY Project Site 2

a. Project Site Allaminos, Laguna
b. Quarry Site Prime Rocks Phils., Brgy. Laurel,
Inc.

c. Fee per CBM per PHP 240.00 per CBM per truck,
Truck exclusive of EVAT, if any.
d. Minimum No. 2 trips daily
of Trips
e. Distance from to Approximately 61 kms
Project Site

3. TERM

This AGREEMENT shall be valid from a period of six (6 Months effective upon signing of
contract agreement, renewable and subject to mutual agreement by the parties and
also subject to termination of contract of the project.

4. OPERATIONS

The hauling services shall be conducted 24 hours shift operation. The FIRST PARTY shall
ensure that the Quarry Site is accessible to the SECOND PARTY trucks during the said
period

5. RESPONSIBILITIES OF THE FIRST PARTY

a. The FIRST PARTY shall make available the Materials from the Quarry Site to ensure
that the Minimum Number of Trips per Section 2.b can be completed by the SECOND
PARTY during the Term of this AGREEMENT.

b. The FIRST PARTY will provide a trip ticket for the Dump Trucks (the Trip Ticket).
Said Trip Ticket shall be presented during the billing. No trip ticket, No billing.

c. The FIRST PARTY shall provide the following:

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 1.) Local licenses and permits
2.) Facility to a P.O. arrangement with a retail gasoline station within 1-km
radius from Project Site and it will be deducted from the contract
agreement.

d. The FIRST PARTY shall remit payment to the SECOND PARTY in CHECK within two (2)
days from receipt of billing.

e. The FIRST PARTY shall remit payment to the SECOND PARTY based on accepted
billing, net of P.O. deductions, in Cash, Check or directly deposited to the SECOND
PARTY designated bank via BANK TRANSFER).

f. The FIRST PARTY shall provide a mobilization fund of PHP5,000 per truck on the first
day (Day 1) of each truck only that will proceed to work at night time in Prime
Rocks Phils.

g. The FIRST PARTY shall assign a Site Operator who shall issue Trip Tickets and shall
be in charged of the hauling operations.

6. RESPONSIBILITIES OF THE SECOND PARTY

a. The SECOND PARTY shall be responsible for the transport of the Materials from the
Quarry Site to and unloading of the Materials at the Project Sites. The normal
itinerary shall be:

1.)Morning: Quarry Site to Project Site (Gelstone, San Marcelino, Taysan,

Batangas to Allaminos, Laguna)

2.)Evening: Quarry Site to Project Site (Prime Rocks Phils., Brgy. Laurel,
Inc., to Allaminos, Laguna)

b. Provide roadworthy vehicles in very good condition and well maintained for
transportation of Materials.

c. The SECOND PARTY shall ensure that its drivers and helpers are physically fit and
are of Good Moral Standing.

d. The SECOND PARTY shall provide basic safety gears or personal protective
equipment for its drivers and helpers such as: hard hat, safety shoes, and
reflectorized vest.

e. The SECOND PARTY shall prepare a billing statement every after the last trip every
cut off and shall observe the following;

1. Cut off: Saturday

2. Submission of billing: Sunday
3. Billing Process: Monday
4. Release of payment: Tuesday

However, in this contract, the first billing will start on the first week and will
continue every week, thereafter.

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7. RESPONSIBLITIES OF BOTH PARTIES

a. Both parties shall help maintain, to provide peace and order, cleanliness at the
loading site and stockyard of the PROJECT OWNER. Drinking liquor during the
implementation of the hauling is prohibited.

b. All parties involve herein shall treat this AGREEMENT with utmost confidentiality
and shall never disclosed it to any non-party to this project.

8. NUMBER OF TRUCKS

a. The SECOND PARTY shall provide more or less 10 units of 12 wheeler dump truck
with capacity of 35 cbm dump truck with a driver and a helper for morning and for
the afternoon shifts. Likewise, can request to provide additional trucks for the said
project and subject for approval

b. The list of the trucks shall be provided by the SECOND PARTY to the FIRST PARTY
before the start of the week.

c. In the event that the SECOND PARTY is unable to provide the required units of
Dump Trucks or unable to perform its designated functions due to but not limited to
insubordination or continued refusal of the Drivers/Crews to haul or follow directive
and instructions from the Site Operator who has direct operational supervision on
hauling operations. The SECOND PARTY will be allowed to complete the unserved
number of trips within three (3) working days either by extending the working hours
or providing additional truck.

9. TERMINATION OF CONTRACT

a. Either party may terminate this AGREEMENT for any reason by giving written notice
therefore to the party, at least more or less (15) days prior to the intended date of
termination.

b. The SECOND PARTY shall be first informed and secure the consent of the FIRST
PARTY before pulling out from the Project Site any Dump Truck Units for whatever
reason at least more or less seven (7) days before the intended date of pull out.

c. Any unliquidated Cash Advance shall be settled fully without any prejudice to any
and legal relief the either Party may take in case of dispute.

10. NON-CIRCUMVENTION AND NON-DISCLOSURE AGREEMENT

Both Parties agree that they will not at any time hereafter attempt in any way to make
direct or indirect contract with any of the principals of the parties herein and all
parties involved in this project, nor shall both parties enter into contractual agreements
with other parties of hauling services using the same dump trucks units and/or any
other heavy equipment subject to this contract, without the written consent of both
parties. This clause shall remain in full force and effect for the entire term of this
AGREEMENT.

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11. FORCE MAJEURE

Except for the obligation to pay for services rendered or to pay any valid claim for
indemnification or reimbursement, neither party hereto shall be liable for its failure to
perform any obligation hereunder to the extent that such failure is the direct result of
contingencies or circumstances beyond such party’s reasonable control, including,
without limitation, strike, lock-out or other labor disturbance (other than with respect
to SECOND PARTY or its employees), riot, war, terrorist act, sabotage, civil disturbance,
fire, explosion, flood, act of God, injunction (other than an injunction obtained or
initiated by the party seeking the protection of this Section). Such contingencies shall
not include equipment failure of SECOND PARTY or any suspension, revocation or
termination of any permit or license of a party based on that party’s failure to comply
with applicable laws, regulations or ordinances.

12. GENERAL

a. This AGREEMENT, including any exhibits, schedules, appendices or amendments

hereto, constitutes the entire, final and complete agreement between FIRST PARTY
and SECOND PARTY with respect to the matters expressly set forth herein, and
supersedes all prior agreements, contracts, proposals, representations,
negotiations, and other communications, whether written or oral, with respect to
such matters. Neither party hereto shall be bound by or liable for any statement,
representation, promise, inducement, or understanding of any kind whatsoever in
respect of the matters set forth herein that is not expressly set forth in this
AGREEMENT.

b. Any conflict or inconsistency between this AGREEMENT and any other agreement
relating to the Work (including, without limitation, any terms of service, statement
or invoice provided by SECOND PARTY before, in connection with or after the
execution hereof) shall be determined in favor of and consistent with the provisions
of this AGREEMENT. Notwithstanding the absence of any conflict or inconsistency in
provisions, any contract, invoice or other document or instrument presented by
SECOND PARTY to FIRST PARTY as being enforceable against or binding upon FIRST
PARTY in connection with the matters set forth herein shall be void and of no force
or effect unless signed by an authorized representative of FIRST PARTY.

c. This AGREEMENT shall be governed by and construed in accordance with the laws of
the Republic of the Philippines, without reference to conflicts of law principles. Any
dispute arising with respect to or in connection with this AGREEMENT or the Work
shall be instituted only in Quezon City.

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 IN WITNESS WHEREOF, we have hereunto set our hands this ____ day of __________ 2021,
in __________________________________________.

MARMEN MARKETING TRADING AND CLAMP ENGINEERING SUPPLY TRADING

BUSINESS MANAGEMENT CONSULTANCY
SERVICES
SECOND PARTY
FIRST PARTY
By:
By:
Name: Job Custodio
Name: Marlon L. Mendoza Designation: Owner
Designation: President Date: _______________
Date: _______________

Witnesses:

______________________________ ______________________________

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 ACKNOWLEDGMENT

Republic of the Philippines )

) S.S.

BEFORE ME this ______ day of October 2021, in _______________________________ personally

appeared the following person(s) with his/her/their respective competent evidence of identity as
follows:

Competent Evidence of
Name Identity/No. Issued at Issued on
Marlon L. Mendoza

Job Custodio

known to me and to me known to be the same person(s) who executed the foregoing instrument
and
acknowledged to me that the same is his/her/their free and voluntary act and deed.

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

Doc. No. ______;

Page No. ______; Book
No. ______; Series of
2021.

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