TERMS OF REFERENCE - Philippine Science High School …€¦ · TERMS OF REFERENCE ... (RA 9514)...
Transcript of TERMS OF REFERENCE - Philippine Science High School …€¦ · TERMS OF REFERENCE ... (RA 9514)...
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TERMS OF REFERENCE
REBIDDING OF IMPROVEMENT / EXTENSION OF
PSHS SYSTEM TRAINING AND ADMINISTRATION
CENTER UNDER DESIGN AND BUILD SCHEME
I. BACKGROUND OF THE PROJECT
The project shall cover the design and construction of the Rebidding of
Improvement / Extension of PSHS System Training and Administration Center
under Design and Build Scheme. The project with an estimated gross floor area of
456.00 square meters is within the Philippine Science High School System (PSHSS) in
Agham Road, Diliman, Quezon City.
The Philippine Science High School System, through the Bids and Awards
Committee (BAC), intends to apply the sum of ELEVEN MILLION NINE
HUNDRED THOUSAND PESOS (Php 11,900,000.00) being the Approved Budget
for the Contract (ABC) to payments under the contract for the proposed Rebidding of
Improvement / Extension of PSHS System Training and Administration Center
under Design and Build Scheme. The Annual Budget which includes the allocation
of fund for the said PROJECT is included in Republic Act (R.A.) Number 10924
otherwise known as the Fiscal Year 2017 General Appropriations Act (FY 2017 GAA).
The amount shall include all taxes and applicable permits, licenses and
clearances, for the construction of Rebidding of Improvement / Extension of PSHS
System Training and Administration Center under Design and Build Scheme in
which a maximum of 2.5% shall be allocated for the Design and the balance for the
Civil and Construction Works.
To address the increasing needs and workload of the PSHS System, a
contiguous building will be designed to include additional space requirement of the
newly created departments of the PSHS Training and Administration Center – Office
of the Executive Director. The three (3) storey extension building will include office
spaces for Legal, Planning, and Quality Management System’s Office and Admission
at the ground floor; VIP Dormitory Suite and COA office at 2nd floor; and CISU, and
Office of RPAD Chief at 3rd floor.
The procurement process of the project shall be in accordance with the Design
and Build Scheme “ANNEX G” of R.A. 9184.
II. PROCUREMENT OVERVIEW
2.1 The procurement of this project will be conducted through open and
competitive bidding in adherence to the declared policies of Republic Act
(RA) 9184, Section 2, Implementing Rules and Regulations (IRR-A).
2.2 Eligibility requirements shall be subject to Section 23 and Section 24, Rule
VIII, RA 9184 and in compliance with the requirements enumerated under
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the Instruction to Bidders (ITB) and in the forms prescribed by the
Government Procurement Policy Board (GPPB) for this type of
procurement.
2.3 The determination of award to the winning bidder shall be subject to
compliance with the minimum qualification requirements for this contract
and through a series of pre-determined evaluation processes and procedures
as enumerated under this Terms of Reference (TOR) and in accordance with
the provisions of RA 9184 and other pertinent laws, circulars and orders.
2.4 The BAC shall accept the bid proposal determined to be most advantageous
to the PSHS System and consider award of the contract on a best value for
money basis.
2.5 The PSHS System reserves the right to accept or reject any bid, to annul the
bidding process, and to reject all bids at any time prior to contract award
without thereby incurring any liability to the affected party(ies).
III. PROCUREMENT MODE
3.1 The procurement of this project will be conducted through open and
competitive bidding in adherence to the declared policies of Republic Act
(RA) 9184, Section 2, Implementing Rules and Regulations (IRR-A)
provided in Annex “G” - Guidelines for the Procurement and
Implementation of Contracts for Design and Build Infrastructure Projects.
IV. PROCUREMENT OBJECTIVES
4.1 To prepare complete A&E Plans and related studies/investigations that
consider the following:
(a) Optimal benefits for all stakeholders, which include the Implementing
Agency, and its direct users.
(b) Conform to relevant laws, design standards and legal procedures.
(c) Construct a building that can be occupied and operated after move-in.
4.2 To build an office building that will meet the operational needs and
administrative function of PSHS System – Office of the Executive Director.
4.3 To implement a turnover procedure in accordance with Section XXV,
Project Acceptance and Turnover.
V. PROJECT ELEMENT/COMPONENTS
The Building design shall conform to the provisions of the National
Building Code of the Philippines (PD 1096), Accessibility Law (BP 344), National
Structural Code of the Philippines, Electrical Engineering Law (RA 7920),
Mechanical Engineering Law (RA 5336), Plumbing Code (RA 1378, 1993-1994
Revisions), Fire Code (RA 9514) and other laws and regulations covering
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environmental concerns and local ordinances and regulations.
The project shall have the following basic components:
5.1 Pre-Detailed Design
A. Design Development Drawings. Schematic drawings and documents for
design development based on the space program prepared by the
Procuring Entity. This will be submitted by all prospective bidders.
See Section IX.
B. Engineering Surveys and Investigations – This will be submitted by
the winning bidder.
Surveys and investigations of the site includes boundaries of the
property, elevations and contours (at 0.5m interval), soil tests, location,
dimension, floor elevations and other pertinent data on existing
buildings and improvements (roads, parking areas, mature trees) and
existing utility lines (e.g. water, power, telephone, drainage).
5.2 Detailed Design - This will be submitted by the winning bidder. See
Section XIV.
5.3 Construction
As a rule, contract implementation guidelines for procurement of
infrastructure projects shall comply with Annex “E” and guidelines for the
implementation of contracts for DESIGN AND BUILD infrastructure
projects shall comply with Annex “G” of IRR, RA 9184. The following
provisions shall supplement these procedures:
1. No works shall commence unless the contractor has submitted the
prescribed detailed design drawings as requirements for the Building
Permit and the PSHS SYSTEM has given written approval. Work
execution shall be in accordance with reviewed and approved
documents.
2. The contractor shall be responsible for obtaining all necessary
information as to risks, contingencies and other circumstances which
may affect the works and shall prepare and submit all necessary
documents specified by the concerned Building Officials to meet all
regulatory approvals as specified in the contract documents.
3. The contractor shall submit a detailed program of works within seven
(7) calendar days after the issuance of the Notice of Award for approval
by the procuring entity that shall include, among others:
i. The order in which it intends to carry out the work including
anticipated timing for each stage of design/detailed engineering and
construction;
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ii. Periods for review of specific outputs and any other submissions and
approvals;
iii. Sequence of timing for inspection and tests;
iv. General description of the design and construction methods to be
adopted;
v. Number and names of personnel to be assigned for each stage of the
work;
vi. List of equipment required on site for each stage of the work; and
vii. Description of the quality control system to be utilized for the
project.
4. Any errors, omissions, inconsistencies, inadequacies or failure
submitted by the contractor that do not comply with the requirements
shall be rectified, resubmitted and reviewed at the contractors cost. If the
contractor wishes to modify and design or document which has been
previously submitted, reviewed and approved, the contractor shall notify
the PSHS System – OED within a reasonable period of time and shall
shoulder the cost of such changes.
5. As a rule, changes in design and construction requirements shall be
limited only to those that have not been anticipated in the contract
documents prior to contract signing and approval. The following
guidelines shall govern approval for change or variation orders:
i. Change Orders resulting from design errors, omissions or non-
conformance with the performance specifications and parameters
and the contract documents by the contractor shall be implemented
by the contractor at no additional cost to PSHS System - OED.
ii. Provided that the contractor suffers delay and/or incurs costs due to
changes or errors in the PSHS System - OED performance
specifications and parameters, the contractor shall be entitled to
either one of the following:
i. An extension of time for any such delays under Section 10
of Annex “E” of IRR (RA 9184); or
ii. Payment for such costs as specified in the contract
documents, provided, that the cumulative amount of the
variation order does not exceed ten percent (10%) of the
original project cost.
iii. The contract documents shall include the manner and schedule of
payment specifying the estimated contract amount and installments
in which the contract will be paid.
iv. The contractor shall be entitled to advance payment subject to the
provisions of Section 4 of Annex “E”, IRR (RA 9184).
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v. PSHS System – OED shall define the quality control procedures for
the design and construction in accordance with PSHS guidelines and
shall issue the proper certificates of acceptance for sections of the
works or whole of the works as provided for in the contract
documents.
vi. The contractor shall provide all necessary equipment, personnel,
instruments, documents and others to carry out specified tests.
vii. This design and build project shall have a minimum Defects
Liability Period of one (1) year after contract completion or as
provided for in the contract documents. This is without prejudice to
the liabilities imposed upon the engineer/architect who drew up the
plans and specifications for building sanctioned under Section 1723
of the New Civil Code of the Philippines.
viii. The contractor shall be held liable for design and structural defects
and/or failure of the completed project within the warranty period of
15 years for permanent structures/buildings as specified in Section
62.2.3.2 of the IRR (RA 9184).
VI. CONCEPTUAL DESIGN
The proponent/bidder shall abide by these criteria and parameters for the project:
Rebidding of Improvement / Extension of PSHS System Training and
Administration Center under Design and Build Scheme project delivery at
PSHS System Training and Administration Center, Agham Road, Diliman, Quezon
City.
6.1 CLASSIFICATION
(a) Ownership : Philippine Science High School System
(b) Type : Administration Office Building
6.2 BACKGROUND OF THE PROGRAM
The proponent/bidder shall consider in their proposal the following space
requirements for the offices, related support spaces and shared amenities to
be designed in the intended contiguous building of the existing PSHS
SYSTEM TRAINING AND ADMINSTRATION CENTER.
See Approved Schematic Drawings ANNEX “2”.
The PSHS SYSTEM TRAINING AND ADMINSTRATION CENTER
IMPROVEMENT/EXTENSION BUILDING are composed of the
following:
I. EXTENSION BUILDING (375.00 sqm)
(a) Ground Floor:
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i. Finance and Administrative Division Store Room
ii. Quality Management System Store Room
iii. Admission
iv. Archives and Machine Room
v. COA
(b) Second Floor:
i. Dormitory Extension (VIP Dormitory Suite)
ii. Conference / Training Room
(c) Third Floor:
i. CISU
ii. RPAD Chief Office
II. IMPROVEMENT (81.00 sqm)
(a) To convert existing roof deck at Third Floor of Existing
Building to Gym (Health and Wellness Center).
(b) Re-modification of nine (9) Fixed Glass Window located at the
façade of existing building; to add operable awning panel.
Interviews with representative End-Users were conducted by the PSHS
Architectural Design Consultant from November-December 2016. The
Schematic Design drawings developed indicate the desired adjacencies and
locations for offices and related support spaces. The Schematic Design was
finalized and approved during the Management Committee Meeting on
January 17, 2017. The schematic stage of the design was developed without
the participation of the Design and Build Contractor.
The preparation of the Detailed Architecture & Engineering Design
drawings and specifications will be a phase in project development between
the winning Design and Build Contractor, the PSHS Technical Working
Group and the End Users.
a. POWER SUPPLY CONVERSION
Modification of building’s existing power supply delivery from Single-
Phase to Three-Phase to address additional electrical load.
b. GREEN BUILDING FEATURES/DESIGN
The Proposal of the Bidder required to be submitted should be in a form of
a narrative of the proposed “green” features of the buildings in accordance
with pertinent laws in the Philippines and International Code of Standards.
c. BUILDING ELEMENTS
The proponent/bidder shall consider in their proposal the following
supplemental physical requirements:
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(a) Universal Design Access Systems
i. Ramps
ii. Clear accessible widths
iii. Universal design for toilet rooms
iv. Selection of signage and alarm systems that are
accessible to persons who are visually and hearing
impaired
d. BUILDING FINISHES
I. Exterior
Wall – Painted Plaster Finish
Windows – Tinted Glazing on Aluminum or PVC Window Profile
Ceiling Soffit – Metal Spandrel
II. Interior
Wall
– Masonry Painted Plaster Finish (offices and general spaces)
- Floor to ceiling ceramic tiles (Toilets and Baths)
Floor
- Porcelain Tiles (Offices and General Spaces)
- Laminated Wood Flooring (Bedroom)
- Ceramic tiles (Toilets)
Ceiling
- Moisture Resistant Acoustic Ceiling Tiles (Offices)
- Gypsum Board (Hallways and General Spaces)
- Moisture Resistant Gypsum Board (Toilets)
e. SITE DEVELOPMENT PLAN
(a) Site components shall consist of buildings, pathways, ramps, green
areas and other landscape elements.
(b) The proponent/bidder shall fit in the above mentioned services in the
Site Development Plan taking into consideration the functional
design requirements and relationships with existing PSHS System
Training and Administration Center Building.
(c) Lot Occupancy, Building Shape and Orientation:
i. To allow for efficient traffic circulation between buildings
and to provide adequate ventilation, individual building
footprint shall not cover more than 20% of its allocated lot
(building to block ratio).
ii. Minimum building setbacks shall be as specified in the
recommended drawings and plans provided by the PSHS
Architectural Design Consultant and PD 1096 or NBC and
current amendments.
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iii. Building shape shall be in accordance with “ANNEX 2” or
as required by building code officials.
(d) Circulation
i. Minimum number of entry points and total width shall
follow the NBC and Fire Code provisions.
ii. Detailed designs shall provide for pedestrian and vehicular
traffic for the projected user population.
iii. The circulation system shall identify emergency routes.
VII. ARCHITECTURAL AND ENGINEERING DESIGN PARAMETERS
7.1 General A&E Design Parameters
(a) Use of Appropriate Building Design and Technology.
i. The architectural character of the building should
appropriately project the image of an office facility
contiguous to the existing building under the National
Building Code of the Philippines.
ii. Office areas are Group E – Business and Mercantile,
Division 2.
iii. Building form shall be adapted to tropical climate conditions
and the functional requirements of office facility.
iv. Detailed design of interior spaces should accommodate the
building program and equipment requirements.
v. Building systems shall adopt energy-efficient and user-
friendly technologies. Day lighting shall be interfaced with
energy-efficient electric lighting, passive cooling and
thermal comfort systems.
vi. Architectural acoustics noise control includes interior sound
reverberation reduction, inter-room noise transfer mitigation
and exterior building skin augmentation.
vii. Building envelope, materials and finishes shall be specified
in accordance with green building principles. Use of
renewable and recyclable materials should be maximized.
(b) Compliance with Relevant Laws and Design Standards.
i. PD 1096 or National Building Code of the Philippines and
its Latest and Amended IRR
ii. BP 344 or Accessibility Law and its Latest and Amended
IRR
iii. RA 9514 or Fire Code of the Philippines and its Latest and
Amended IRR
iv. National Structural Code of the Philippines (NSCP) 2010
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v. National Plumbing Code of the Philippines (NPCP)
vi. Sanitation Code of the Philippines
vii. Mechanical Engineering Code of the Philippines
viii. Philippine Electrical Code
ix. National Electrical Code
(c) Power Supply Design
i. Power supply shall be modified from Single Phase to Three-
Phase to address increasing power demand of PSHS Training
and Administration Center.
ii. Current from propose three-phase current shall be balance
and distributed to existing and new power and lighting
outlets.
(d) Emergency Power Generator
i. Upgrade of Emergency Power System.
(e) Building Life Safety Features
i. Fire Extinguisher and Extinguishing Cabinets
ii. Smoke Detectors for all rooms
iii. Strobe light and bell alarm
iv. Emergency Power for all life safety devices
v. Doors open in the direction of egress. No doors or equipment
access less than 960 mm wide.
VIII. SELECTION OF DESIGN AND BUILD CONTRACTOR
The procurement and implementation of the project using the “Design and Build
“scheme shall be in accordance with the provisions of RA 9184, specifically, its
Annex G. Bidding process shall be conducted by the Bids and Awards Committee
(BAC) to be assisted by the Technical Working Group (TWG). The executive
director of PSHS System – Office of the Executive Director shall create the Design
and Build Committee (DBC) to be composed of highly technical personnel in the
field of architecture and engineering/construction. The DBC and TWG shall
prepare the design brief and performance specifications and parameters, review the
detailed engineering design, and assist the BAC in the evaluation of technical
proposals in accordance with the criteria set.
A. Eligibility Requirements
The eligibility requirements in the Design and Build for infrastructure
projects shall comply with the applicable provisions of Section 23¬-24 of
the IRR of RA9184.
a. Eligibility Documents
Class “A” Documents
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i. Registration from the Securities and Exchange Commission
(SEC), Department of trade and Industry (DTI) for sole
proprietorship, or Cooperative Development Authority
(CDA) for cooperatives;
ii. Mayor’s permit issued by the city or municipality where the
principal of business of the prospective bidders is located;
iii. Statement of all its on-going and completed government and
private contracts within five (5) years from the submission
of bids
b. CPES rating or
c. Certificate of Completion
iv. PCAB licenses and registration for the type and cost of the
contract for this project (Medium A- license category B) and
contractor’s registration certificate from DPWH;
v. Audited financial statement, stamped “received” by the BIR
for the preceding calendar year;
vi. NFCC computation or CLC.
vii. Tax clearance
Class “B” Documents
i. Joint Venture agreement, if applicable.
a. Technical Documents
i. Bid Security (in any form)
ii. Pre-Detailed Design Documents: (See Section IX)
iii. Project Requirements
iii1. Design and Construction Method
iii2. Value engineering analysis of design and construction
method. Prospective bidders shall prepare a value
engineering analysis report of their proposed design and
construction method to be applied for the PROJECT.
Importance shall be made on the following criteria: Cost–
saving, measured on a per square meter average figure.
(Design Narrative for item iii1 – iii3)
iii3. Time–saving in design and construction duration,
measured using PERT-CPM of the project.
iii4. Organizational Chart
iii5. List of Contractor’s Personnel with complete
qualification and experience data
iii6. List of Contractor’s Equipment units, which are owned,
leased, and/or under purchase agreements, supported by
certification of availability of equipment from the
equipment lessor/vendor for the duration of the project.
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iii7. Manpower Schedule
iii8. Equipment Utilization Schedule
iii9. Bar Chart and S-curve
iii10. Construction Safety and Health Program
iv. Omnibus Sworn Statement
b. Financial Component
i. Financial Bid in prescribed form
ii. Bill of Quantities/Detailed Cost Estimates (with Soft copy / CD)
iv. Unit Price Summary Sheet
B. Eligibility Criteria
a) The eligibility of design and build contractors shall be based on the legal,
technical and financial requirements above-mentioned. In the technical
requirements, the design and build contractor (as solo or in joint
venture/consortia) should be able to comply with the experience
requirements under the IRR of RA 9184, where one of the parties (in a
joint venture/consortia) should have at least one similar project, both in
design and construction, with at least 50% of the cost of the Approved
Budget for the Contract (ABC).
b) If the bidder has no experience in design and build projects on its own,
it may enter into subcontracting, partnerships or joint venture with
design or engineering firms for the design portion of the contract.
c) The relevant provisions under Section 23.5.2 of the IRR of RA 9184 on
eligibility requirements shall be observed.
IX. PRE-DETAILED DESIGN DOCUMENTS
In the submission of bids, the first envelope (Technical Proposal) shall contain all
the required documents for infrastructure projects under Section 25.2(b)15 of the
IRR of R.A 9184 and the following additional documents:
(a) Design Proposal Requirement:
Project Brief, comprehensively describing the architecture and
engineering concept of the proposed facility, including the following:
i. Building Façade: Materials, Finishes and Method.
ii. Room Sound Isolation, Noise Control, and Soundproofing
iii. Ventilation and Thermal Comfort
- Windows Opening Operability
iv. Roof Canopy
v. Seismic and Structural Design System
(b) Design Developed Architectural Plans (Scale 1:200 minimum, A3
format)
i. Architectural Floor Plans
ii. Schedule of Architectural Finishes
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iii. Four Elevations (indicate façade finishes)
(c) Design Developed Structural Plans (Scale 1:200 minimum, A3 format)
i. Foundation Plan
ii. Floor Framing Plan
(d) Site Development and Landscape Design Plan (Scale 1:200 minimum,
A3 format)
(e) Schedule of Design and Construction Works in PERT/CPM
(f) Summary of Materials, Finishes and Equipment:
i. Summary of Specifications Sections 1-16;
X. DESIGN PERSONNEL
The key professionals and the respective qualifications of the DESIGN
PERSONNEL shall be as follows:
A. Design Architect
The Design Architect must be duly–licensed with at least five (5) years of
experience in the design of residential, academic or institutional facilities, and
shall preferably be knowledgeable in the application of Green Design
Technology in school construction.
B. Structural Engineer
The Structural Engineer must be a duly–licensed Civil Engineer with at least
five (5) years of experience in structural design and shall preferably be
knowledgeable in the application of Green Design Technology in school
construction.
C. Electrical Engineer
The Electrical Engineer must be a registered Professional Electrical Engineer
with at least five (5) years of experience in the design of lighting, power
distribution and preferably knowledgeable in developments in emergent
efficient lighting technologies and energy management.
D. Mechanical Engineer
The Mechanical Engineer must be a Professional Mechanical Engineer with at
least five (5) years of experience in HVAC and fire protection systems and
preferably knowledgeable in emergent, alternative energy-efficient HVAC
technologies.
E. Sanitary Engineer/Master Plumber
The Sanitary Engineer/Master Plumber must be duly-licensed with at least five
(5) years of experience in the design of building water supply and distribution,
plumbing, and preferably knowledgeable in waste water
management/treatment, and emergent, alternative effluent collection and
treatment systems.
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The key professionals listed are required. The DESIGN & BUILD CONTRACTOR
may, as needed and at its own expense, add additional professionals and/or support
personnel for the optimal performance of all Architectural and Engineering Design
Services, as stipulated in these Terms of Reference for the PROJECT. Prospective
bidders shall attach each individual’s resume (signed and sealed) and PRC license
of the (professional) staff.
XI. CONSTRUCTION PERSONNEL
The key professionals and the respective qualifications of the CONSTRUCTION
PERSONNEL shall be as follows:
A. Project Manager
The Project Manager shall be a licensed architect or engineer with at least five
(5) years relevant experience on similar and comparable projects in different
locations. The Project Manager should have a proven record of managerial
capability through the directing/managing of major civil engineering works,
including projects of a similar magnitude.
B. Project Engineer/Architect
The Project Engineer/Architect shall be a licensed architect or engineer with at
least five (5) years of experience in similar and comparable projects and shall
preferably be knowledgeable in the application of rapid construction
technologies.
C. Electrical Engineer
The Electrical Engineer must be a registered Professional Electrical Engineer
with at least five (5) years of experience in the design of lighting, power
distribution and preferably knowledgeable in developments in emergent
efficient lighting technologies and energy management.
D. Mechanical Engineer
The Mechanical Engineer must be duly-licensed with at least five (5) years of
experience in similar and comparable projects in the installation of HVAC and
fire protection.
E. Sanitary Engineer/Master Plumber
The Sanitary Engineer must be duly-licensed with at least five (5) years of
experience in similar and comparable projects in the installation of building
water supply and distribution, plumbing.
F. Foreman
The Foreman must have at least five (5) years of experience in similar and
comparable projects and shall preferably be knowledgeable in the application
of Green Building technologies.
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G. Safety Officer
The safety officer must be an accredited safety practitioner by the Department
of Labor and Employment (DOLE) and has undergone the prescribed 40-hour
Construction Safety and Health Training (COSH).
The above key personnel listed are required. The DESIGN & BUILD
CONTRACTOR may, as needed and at its own expense, add additional
professionals and/or support personnel for the optimal performance of all
Construction Services, as stipulated in these Terms of Reference, for the PROJECT.
Prospective bidders shall attach each individual’s resume and PRC license of the
(professional) staff, proof of qualifications, and related documents as necessary.
XII. BID EVALUATION
For the detailed evaluation of the design and build proposals a two-step procedure
shall be adopted by the BAC, which may be undertaken with the assistance of the
Technical Working Group.
6.1 First-Step Procedure
i. The first step of the evaluation shall involve the review of the
preliminary conceptual designs and track record submitted by
the Bidder as indicated in the Bidding Documents using a non-
discretionary “pass/fail” criteria that involve compliance with
the following requirements:
Adherence of preliminary design plans to the required
performance specifications and parameters and degree
of details;
Concept of approach and methodology for detailed
engineering, design and construction with emphasis on
the clarity, feasibility, innovativeness and
comprehensiveness of the plan approach, and the
quality of interpretation of project problems, risks, and
suggested solutions;
Quality of personnel to be assigned to the project which
covers suitability of key staff to perform the duties of
the particular assignments and general qualifications.
6.2 Second-Step Procedure
Only those bids that passed the above criteria shall be subjected to the second step of evaluation.
The BAC shall open the financial proposal of each “passed” bidder and shall evaluate it using non-discretionary criteria – including arithmetical corrections for computational errors to determine the correct total calculated bid prices The BAC shall automatically disqualify any total calculated bid price which exceeds the ABC. The total calculated bid prices (not exceeding the ABC) shall be ranked, in ascending order, from
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lowest to highest. The bid with the lowest total calculated bid price shall be identified as the Lowest Calculated Responsive Bidder (LCRB).
XIII. PRELIMINARY DESIGN AND CONSTRUCTION STUDIES
No bidding and award of design and build contracts shall be made unless the
required preliminary design and construction studies have been sufficiently carried
out and duly approved by the Head of the Procuring Entity that shall include, among
others, the following:
i. Project Description
ii. Conceptual Design
iii. Performance Specifications and Parameters
iv. Preliminary Survey and Mapping
v. Preliminary Investigations
vi. Utility Locations
vii. Approved Budget for the Contract
viii. Proposed Design and Construction Schedule
ix. Minimum requirements for a Construction Safety and Health
Program for the project being considered
x. Tender/Bidding Documents, including Instructions to Bidders and
Conditions of Contract
The above data are for reference only. The procuring entity does not guarantee that
these data are fully correct, up to date, and applicable to the project at hand. The
contractor is responsible for the accuracy and applicability of all data, including the
above, that it will use in its design and build proposal and services.
XIV. DETAILED ARCHITECTURAL AND ENGINEERING REQUIREMENT
14.1 Upon award of the design and build contract, the winning bidder shall be
responsible for the preparation and submission of all necessary detailed
engineering investigations, surveys and designs in accordance with the
provisions of Annex “A” of this IRR (with the exception of the Bidding
Documents and the ABC).
14.2 The Contractor shall prepare and submit a complete set of detailed
architectural and engineering drawings/ plans and specifications of the
building in accordance with the herein attached checklist of requirements:
i. Architectural Designs - Annex 3 to 5
ii. Structural Designs - Annex 6
iii. Sanitary/Plumbing Designs - Annex 7
iv. Electrical and Auxiliary Design - Annex 8
v. Mechanical Design & Fire Protection - Annex 9
14.3 The procuring entity shall ensure that all the necessary schedules with regard
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to the submission, confirmation and approval of the detailed engineering
design and the details of the construction methods and procedures shall be
included in the contract documents.
14.4 The procuring entity shall review, order rectification, and approve or
disapprove – for implementation only - the submitted plans within these
schedules. All instructions for rectification shall be in writing stating the
reasons for such rectification. The design and build contractor shall be solely
responsible for the integrity of the detailed engineering design and the
performance of the structure irrespective of the approval/confirmation by
the procuring entity.
XV. DETAILED ESTIMATES
The bidder shall prepare and submit for the purpose of the Bill of Quantities (BOQ)
in this contract, a detailed cost estimate in accordance with the limit of the available
Approved Budget for the Contract and following the sequence of priorities below:
A. Design Development Phase
The detailed costing for the design development phase is for the
preparation, submittal and approval of the following:
i. Preliminary Surveys/Studies, including:
- Location and Invert Elevations of Existing Utilities.
ii. Architecture & Engineering (A&E) Design Development Plans
and Sections
iii. Detailed Estimates, Bill of Quantities
iv. Scope of Works and Technical Specifications
v. Proposed Design and Construction Schedule
vi. Health and Safety Program for the Construction Phase
B. Construction Phase
i. Construction administration and weekly meetings with the
Construction Management Team and PSHS Representatives
for the duration of the project construction.
ii. General Requirements
- Permit to Construct (PTC)
- Permits (including Building Permit, Electrical Permit, Sanitary
Permit, Mechanical Permit, Zoning Permit, Fire Safety Permit,
etc.)
- Project Billboard
iii. Temporary Facilities and Facilities for the Engineer Staff.
iv. Earth Works
v. Structural Works
vi. Architectural Works and Finishes
vii. Sanitary/Plumbing Works and Finishes
viii. Electrical Works and Finishes
ix. Electrical Auxiliaries Works and Finishes
x. Mechanical Works and Finishes
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xi. Architectural Interior Works
xii. Wayfinding, and Room Signage Systems
xiii. Site and Landscape Architectural Works
xiv. Quality Assurance
XVI. COST ESTIMATING GUIDELINES
16.1 In the preparation of all detailed cost estimates, the proponent/bidder shall
be guided by the Cost Estimate Form “Annex 10”.
16.2 The labor component of the cost estimates shall follow the ranges provided
in the ordinance and the latest wage order of the Department of Labor and
Employment (DOLE) of the National Capital Region (NCR).
16.3 The proponent/bidder shall draw up a unit price analysis for each of the pay
items
XVII. SCOPE OF WORKS AND PROJECT IMPLEMENTATION
17.1 DESIGN
The Philippine Science High School System, through the PSHS System –
BAC and Design and Build Committee, shall provide the design brief
description of the project in accordance to RA9184 Annex G Sec. 11.
I. PRE-DESIGN
In compliance with the design and build Terms of Reference, the DESIGN
AND BUILD CONTRACTOR shall submit a detailed program of work
within seven (7) calendar days after the issuance of the Notice of Award for
approval by the procuring entity that shall include, among others:
a. The order in which it intends to carry out the work including
anticipated timing for each stage of design/detailed engineering and
construction;
b. Periods for review of specific outputs and any other submissions and
approvals;
c. Sequence of timing for inspections and tests as specified in the
contract documents;
d. General description of the design and construction methods to be
adopted;
e. Number and names of personnel to be assigned for each stage of the
work;
f. List of equipment required on site for each major stage of the work;
g. Description of the quality control system to be utilized for the project
III. DESIGN DEVELOPMENT DOCUMENTATION
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In compliance with the design and build Terms of Reference, the DESIGN
AND BUILD CONTRACTOR shall submit a detailed DESIGN
DEVELOPMENT DOCUMENTS within thirty (30) calendar days after the
issuance of the Notice to Proceed (NTP) for approval by the procuring entity
that shall include, among others:
a. Utilize the existing geotechnical/soil investigation report as basis for
the computation of structural analysis of the building.
b. Prepare from the approved schematic design documents, the complete
construction drawings and detailed technical specifications, cost
estimates and the bill of quantities, setting forth in detail the work
required for the architectural, structural, civil, landscape architecture,
electrical, plumbing/sanitary, mechanical and other service-connected
equipment, utilities, site planning aspects and related works, electronic
and communications and the site development plan of the PROJECT’s
immediate environs.
c. Prepare layouts, specifications and estimates of all furniture and
equipment required for the fit-out of the buildings, specifically items
that are owner-furnished materials.
d. Prepare the scope of work for construction based on the prepared bill of
quantities and cost estimates while fitting within the approved budget.
e. Provide value engineering analysis on all prepared construction
documents.
f. Coordinate with all offices and agencies concerned, within and outside
the Campus regarding utility connections, permits and other
requirements needed.
g. Periodically coordinate and present the status of the design phase to the
Head of Procuring Entity and the PSHS System - DBC.
All drawings included in the contract documents should be drawn using
CAD software and plotted on 20”x 30”sheets. All other textual submittals
shall be printed and ring-bound on A4-sized sheets.
Where required, design components shall be designed in coordination with
the agencies concerned (e.g., coordinate with electric company for power
lines and concerned company/agency for water and sewage lines).
Partial and earlier submission of the construction drawings, such as those
affecting the preliminary stages of construction (site works, foundation
works, etc.) shall be allowed. The DESIGN & BUILD CONTRACTOR
may only proceed with the CONSTRUCTION PHASE after the approval of
PSHS System – DBC of the drawings, designs and bill of estimates as
recommended by the Technical Working Group (TWG) and upon
accomplishing all necessary PRE-CONSTRUCTION tasks.
17.2 PRE-CONSTRUCTION
a. Secure all necessary building permits prior to construction. All
incidental fees shall be included in the cost estimate of the building.
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b. Preparation of the PERT–CPM of the construction phase.
c. Provide all other necessary documents that shall be required by DBC
17.3 CONSTRUCTION PHASE
a. Implement all works indicated in the approved construction drawings
and documents. All revisions and deviation from the approved plans,
especially if it shall impact the overall cost of the project, shall be
subject for approval.
b. Provide soil filling, grading and other soil protection measures of the
building and other elements of the site, in response to the results of
soil and materials testing.
c. Construct the buildings and other necessary structures, complete with
utilities and finishes, resulting in operable and usable structures.
d. Provide protection or relocation of existing trees indigenous to the
area, and proper removal and replacement of all introduced trees and
vegetation affected by the construction.
e. Layout piping, conduits, manholes, boxes and other lines for utilities
including tapping to existing utility lines. Facilitate the connection of
all utilities (power, water, sewer, structured cabling and telephone)
with their corresponding utility companies. All application fees shall
be included in the project cost.
f. Install fire protection systems and fixtures, fire extinguishers,
emergency lights and lighted fire exit signs.
g. Preparation of shop-drawings for approval.
h. Coordinate with the DBC regarding scheduling of delivery and
installation of all owner-furnished materials and equipment during
construction.
i. Conduct all necessary tests (to be required by DBC) and issue reports
of results.
j. Rectification of punch–listing works to be inspected and issued by the
DBC and/or the End-user.
k. Comply with the DOLE–OSH requirements and submit periodic
reports concerning occupational safety and health.
l. Provide all other necessary documents that shall be required by the
DBC.
17.4 POST-CONSTRUCTION PHASE
h. Preparation of as-built plans
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i. Turn–over of all manuals, certificates and warrantees of installed
items.
j. Process building certificate of occupancy and fire safety inspection
certificate
17.5 VARIATION ORDERS
a. Any errors, omissions, inconsistencies, inadequacies or failure
submitted by the contractor that do not comply with the requirements
shall be rectified, resubmitted and reviewed at the contractor’s cost. If
the Contractor wishes to modify any design or document which has
been previously submitted, reviewed and approved, the contractor
shall notify the procuring entity within a reasonable period of time and
shall shoulder the cost of such changes.
b. As a rule, changes in design and construction requirements shall be
limited only to those that have not been anticipated in the contract
documents prior to contract signing and approval. The following
guidelines shall govern approval for change or variation orders:
i. Change Orders resulting from design errors, omissions or non-
conformance with the performance specifications and parameters
and the contract documents by the contractor shall be
implemented by the contractor at no additional cost to the
procuring entity.
ii. Provided that the contractor suffers delay and/or incurs costs due
to changes or errors in the procuring entity’s performance
specifications and parameters, he shall be entitled to either one of
the following:
ii 1. An extension of time for any such delays under Section
10 of Annex “E”; or
ii2. Payment for such costs as specified in the contract
documents, provided, that the cumulative amount of the
variation order does not exceed ten percent (10%) of the
original contract
17.6 DEFECTS AND LIABILITY
a. All design and build projects shall have a minimum Defects Liability
Period of one (1) year after contract completion or as provided for in
the contract documents. This is without prejudice, however, to the
liabilities imposed upon the engineer/architect who drew up the plans
and specification for a building sanctioned under Section 1723 of the
New Civil Code of the Philippines.
b. The contractor shall be held liable for design and structural defects
and/or failure of the completed project within the warranty periods
specified in Section 62.2.3.217 of the IRR.
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XVIII. MINIMUM CONSTRUCTION SAFETY AND HEALTH PROGRAM
The contractor shall abide with the following minimum safety and health program:
18.1 SAFETY PROGRAM
(a) Contractor provides skull guards, raincoats, working shades, and
boots to employees who are assigned to hazardous areas;
(b) Operators, drivers, and other employees who handle equipment
must thoroughly check their equipment, lubricate and handle them
properly and should be cautious, extra careful at all times to avoid
accidents while on duty;
(c) Wires, nails, bolts and other pointed objects should be eradicated in
the working areas to avoid possible injuries/accidents;
(d) Seat belts are provided in every truck/vehicle that is being used in
the project site;
(e) Fire extinguishers are to be placed in equipment such as fuel truck;
and
(f) Employees are advised on the use of cigarettes, candles and other
flammable materials to avoid occurrence of fire.
18.2 HEALTH PROGRAM
(a) Upon entrance as construction site employees, the Contractor will
provide that every construction employee automatically becomes a
member of SSS and Phil Health Corporation;
(b) A cabinet which contains over the counter drugs and other first aid
supplies are ready for use in case of sickness or accidents that occur.
In case of serious incidence, they are immediately brought to the
emergency room of the nearest hospital;
(c) Employees shall be lectured once in a while of personal hygiene,
number of children one family would have to be able to provide the
family’s needs of food, clothing and shelter; and
(d) To ensure safety and health concern of all, drinking of liquor and
smoking is strictly prohibited in the vicinity of PSHS.
(e) At the Contractor’s and subcontractors’ discretion, construction
employees found to engage in unsafe construction site services shall
receive two warnings and training prior to termination.
(f) PSHS has zero tolerance for unsafe behaviour that may cause harm
to the workers and other members of the PSHS community.
XIX. OVERALL PROJECT TIME SCHEDULE
The DESIGN & BUILD CONTRACTOR shall propose the most reasonable
time schedule for the completion of the project. It is expected that this period will
not exceed 337 calendar days (eleven months), starting seven (7) calendar days
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upon the receipt by the CONTRACTOR of the Notice of Award (NOA): thirty (30)
calendar days for the Design Phase and three hundred (300) calendar days for the
Construction Phase.
XX. THE IMPLEMENTING AGENCY’S GENERAL RESPONSIBILITY
The implementing agency for the project is the PSHS System Office with final
approval for all decisions and actions from the Office of the Executive Director
through the Design and Build Committee. The Design and Build Committee shall:
a. Detailed Architectural Plans (refer to checklist of drawings requirements and
design parameters) Note: the architectural design provided by the procuring
entity must not be altered).
b. Prepare the design brief for the project in accordance with PSHS Systems
‘policies, existing codes, traditions, standards, and the conditions and design
criteria enumerated in the Terms of Reference.
c. Coordinate with DESIGN & BUILD CONTRACTOR, with regards to the
design and implementation of the project.
d. Assist in the coordination of the DESIGN & BUILD CONTRACTOR with
various utility agencies during the detailed design and implementation phases
of the project.
e. Conducts regular coordination meetings between the DESIGN & BUILD
CONTRACTOR and the end-user to facilitate the implementation of the
project.
XXI. THE DESIGN BUILD CONTRACTOR’S GENERAL RESPONSIBILITIES
21.1 BIDDING
a. The prospective Bidder shall be responsible for taking the
necessary steps to carefully examine all documents. It also rests
upon the Bidder to acknowledge all conditions, local or otherwise,
affecting the carrying out of the contract works, and arrive at an
estimate of the facilities available and needed for the project.
Failure to do so shall be at the proponent’s/bidder’s risk.
b. It shall be the sole responsibility of the Bidder to determine and
suit himself by such means as he considers necessary or desirable
as to all matters pertaining to the project, including the location
and nature of work, climatic conditions, nature and condition of
the terrain, geological conditions at the site; transportation and
communication facilities, requirement and availability of
materials, labor, water, electrical power and roads; location and
extent of aggregate source; and other factors that may affect the
cost, duration and execution of the work. The Proponent/Bidder,
by the act of submitting his proposal, acknowledge that he has
inspected the site and determined the general characteristics of the
project and the conditions indicated above. PSHS requires an
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affidavit, duly notarized, of such site inspection from the
Proponent/Bidder.
c. Prior to submittal of proposals, it is assumed that the
Proponent/Bidder is already familiar with all existing laws,
decrees, ordinances, acts and regulations of the Philippines, which
may affect or apply to the operations and activities of the
contractor. However, in the case where the cost of the awarded
contract is affected by applicable new laws, decrees, ordinances,
regulations and other acts of government promulgated after the
date of submission of proposals, a contract price adjustment may
be made or appropriate relief be applied on a no loss – no gain
basis provided such is not covered by the provisions on price
escalation hereof and subject further to the availability of funds.
21.2 PRELIMINARY SURVEYS AND STUDIES
The PSHS System shall provide the bidders copies of as-built plans of
existing PSHS System Training and Administration Center Building only
if available. The bidder shall include a line item that will cover the cost of
completing geodetic site survey and soil investigation in the event that
historical infrastructure plans are not available. The projected cost of
preliminary surveys shall be submitted with bids.
21.3 PLANNING AND DESIGN PHASE
a. The proponent/bidder is expected to have visited the project site,
familiarized themselves of the terrain, climatic conditions, availability
of local manpower and construction materials, and local statutes that
have direct bearing on the project.
b. The bidder is required to submit the proposed relocation map/plan of
affected utilities.
c. The proponent/bidder is required to submit a Preliminary Conceptual
Design in accordance with the degree of detail specified in this Terms
of Reference (TOR). Prior to the award of the contract, the preliminary
designs shall be rectified for errors in the interpretation of the specified
conceptual design specifications and parameters.
21.4 CONSTRUCTION PHASE
a. The BIDDER/DESIGN & BUILD CONTRACTOR shall certify that
he has, at his own expense, inspected and examined the proposed
project site, its surroundings and existing infrastructure and facilities
related to the execution of the work and has obtained all the pieces of
information that are considered necessary for the proper execution of
the work covered under these Terms of Reference.
b. The BIDDER/DESIGN & BUILD CONTRACTOR shall ensure that
all works at the stages of design, construction, restoration of affected
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areas, and testing and commissioning shall be carried out efficiently
and effectively.
c. The BIDDER/DESIGN & BUILD CONTRACTOR shall provide the
Procuring Agency with complete reports such as technical analysis,
maps and details regarding the existing conditions and proposed
improvements within the site.
d. The BIDDER/DESIGN & BUILD CONTRACTOR shall be PCAB
accredited and shall have a Construction Safety and Health Program
approved by DOLE and designed specifically for the
CONSTRUCTION OF ADMINISTRATION BUILDING.
e. The BIDDER/DESIGN & BUILD CONTRACTOR will be held
accountable for accidents that might occur during the execution of the
project. The DESIGN & BUILD CONTRACTOR is required to install
warning signs and barriers for the safety of the general public and the
avoidance of any accidents and provide appropriate and approved type
personal protective equipment for their construction personnel.
f. The BIDDER/DESIGN & BUILD CONTRACTOR shall be
professionally liable for the design and shall submit a signed and
sealed copy of the approved construction documents to form part of
the Contract Documents.
g. Only the plans approved by the Head of Procuring Entity (HOPE) shall
be signed and sealed by the DESIGN & BUILDCONTRACTOR, and
thereafter shall be the plans used for construction.
h. All works designed and constructed should be guaranteed to
seamlessly fit into the overall system general design standards of the
PSHS System.
XXII. PROJECTED SUBMITTALS DURING THE PROJECT
The following submittals and accomplished documents shall be duly completed and
turned-over by the DESIGN & BUILD CONTRACTOR for the project:
A. For the Design Phase
i. Construction plans (signed and sealed) that include Architectural,
Civil, Structural, Electrical, Structured Cabling, Mechanical, Fire
Protection and Plumbing plans (10 sets hard copy and soft copy)
ii. Technical specifications (7 sets hard copy and soft copy)
iii. Detailed cost estimate (3 sets hard copy and soft copy)
iv. Bill of quantities (3 sets hard copy and soft copy)
v. Site survey, topographic survey, survey of existing trees and all
other pertinent data related to the conditions of the project site
vi. Documents required for securing the Building Permit
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vii. Drawings and reports that the Design and Build Committee may
require for the periodic update concerning the status of the design
phase.
B. For the Construction Phase
i. Approved Construction Plans by Building Permit (hard copy)
ii. All necessary permits (Fees shall be included in the contract)
iii. Shop drawings (hard copy and soft copy)
iv. PERT-CPM (hard copy and soft copy)
v. Construction Progress Report (within 7 calendar days after the
precedent monthly activity)
vi. Test results
vii. Guarantees, warrantees and other certificates
viii. Fire and Life Safety Assessment Report 2 and 3 (FALAR 2 and 3),
if applicable.
C. For the Post-Construction Phase
i. As-Built Plans (3 sets hard copy and soft copy)
ii. Certificate of Occupancy
iii. Fire Safety Inspection Certificate
iv. All other necessary documents to be required by Design and Build
Committee
XXIII. INSTALLATION AND WORKMANSHIP
a. Personnel of the DESIGN & BUILD CONTRACTOR should be specialists
highly skilled in their respective trades, performing all labor according to first–
class standards. A full-time Project Engineer/Architect and Construction Safety
Engineer shall be assigned by the DESIGN & BUILD CONTRACTOR at the
job site during the construction of the project.
b. All work to be subcontracted shall be declared by the DESIGN & BUILD
CONTRACTOR and shall be approved by the PSHS System– Office of the
Executive Director and its respective technical offices. However,
subcontracting of any portion shall not relieve the design and build contractor
from any liability or obligation that may arise from the contract for this project.
c. Tapping for utilities such as power supply, water supply and sewage drainage
shall be coordinated with their respective utilities / service provider / companies,
and all works involved, including access to utilities tapping point, excavation,
removal of obstructions, concrete breaking, backfilling and restoration of
affected areas, shall be coordinated and included in the scope of work and cost
of the project.
d. Any errors, omissions, inconsistencies, inadequacies or failure submitted by the
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DESIGN & BUILD CONTRACTOR that do not comply with the requirements
shall be rectified, resubmitted and reviewed at the DESIGN & BUILD
CONTRACTOR’S cost. If the DESIGN & BUILD CONTRACTOR wishes to
modify any design or document which has been previously submitted, reviewed
and approved, the DESIGN & BUILD CONTRACTOR shall notify the
procuring entity within a reasonable period of time and shall shoulder the cost
of such changes.
XXIV. MATERIALS
a. All materials and equipment shall be standard products of manufacturers
engaged in the production of such materials and equipment and shall be the
manufacturer’s latest standard design.
b. The materials and workmanship supplied shall be of the best grade and
constructed and / or installed in a practical and first class manner. It will be
completed in operation, nothing being omitted in the way of labor and materials
required and it will be delivered and turned over in good condition, complete
and perfect in every respect.
c. The contractor shall submit at least 3 options for material finishes, hardware,
furnishing, assembly, mock-up and the like, indicating manufacturer’s product
specification and quality certification to PSHS System and for approval of
PSHS Design and Build and/or Technical Working Group prior to installation.
d. All materials shall be in conformance with the latest standards and with
inspection and approval from Design and Build Committee and/or Technical
Working Group prior to installation.
XXV. PROJECT ACCEPTANCE AND TURNOVER
25.1 A Construction Management Team shall be created by PSHS System –
Office of the Executive Director to ensure that completed work is:
a. In accordance with the for Construction contract documents (plans and
specifications) approved by the End User and the Owner (PSHS
System).
b. Able to perform as expected and was constructed in a way to allow
successful testing, commissioning, and certification.
25.2 Should the Construction Management Team members notice minor defects
after completing the punch list, new items may be added to the list which
the contractor shall correct prior to final acceptance.
25.3 Upon final acceptance of the project, the retention money for the project
shall be released accordingly, upon the request and posting of the required
one (1) year guarantee bond for the contract.
XXVI. SERVICE LEVEL AGREEMENT
PSHS shall maintain a Service Level Agreement (SLA) with the Designer-Builder,
with provisions for liquidated damages for their non-compliance.
27
COMPONENTS SERVICE LEVEL AGREEMENT
a. Work Plan/PERT-
CPM/S-CURVE
Submission of the detailed work plan for the entire
project is within seven (7) working days from the
date of the receipt of Notice of Award.
b. Design Phase
Submission of the Design Construction Working
Drawings and other construction documents required
within thirty (30) calendar days from the date of the
receipt of Notice to Proceed.
c. Construction and
Turn-over of the
project in its entirety.
Finish the project within Two Hundred Forty (300)
calendar days from the receipt of Approved Detailed
Design Drawing.
d. Progress Report Submission of Progress Report as enumerated in Sec
22.b.v.
e. Post Construction
Documentation
Thirty (30) calendar days from the completion and
acceptance of the project as per Sec. 19 and Sec 25.
XXVII. WARRANTIES OF THE BIDDER (THE DESIGN AND BUILD
CONTRACTOR)
27.1 The Contractor warrants that it shall conform strictly with the terms and
conditions of these Terms of Reference.
27.2 The Contractor warrants, represents and undertakes reliability of the
service and that their manpower complements are hardworking,
qualified/reliable and dedicated to do the service required to the
satisfaction of the PSHS System – Office of the Executive Director. It shall
employ well-behaved and honest employees with uniforms and IDs
displayed conspicuously while working within the compound. It shall not
employ PSHS employees to work in any category whatsoever.
27.3 The Contractor in performance of its services shall secure, maintain at its
own expense all registration, licenses or permits required by National or
Local Laws and shall comply with the rules, regulations and directives of
Regulatory Authorities and Commissions. The Contractor undertakes to
pay all fees or charges payable to any instrumentality of government or to
any other duly constituted authority relating to the construction project.
27.4 The Contractor’s personnel shall take all necessary precautions for the
safety of all persons and properties at or near their area of work and shall
comply with all the standard and established safety regulations, rules and
practices.
27.5 The Contractor shall coordinate with the PSHS Chief, Administrative
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Division and or any of her authorized representatives in the performance
of their jobs.
27.6 The Contractor shall be liable for any loss, damage, or injury as may be
due directly through the fault or negligence of its personnel. It shall assume
responsibility thereof and the PSHS shall be specifically released from any
responsibility arising there from.
27.7 The Contractor shall neither assign, transfer, nor pledge any part of interest
therein; however, sub-contracting may be allowed provided that the main
contractor shall be responsible for the full compliance of all applicable
provisions of this TOR by the sub-contractor.
XXVIII. MODES OF PAYMENT
28.1 The PSHS System – Office of the Executive Director shall pay the winning
DESIGN & BUILD CONTRACTOR progress payments based on billings
for actual works accomplished, as certified by Design and Build Committee
of the PSHS System. In no case shall progress billing be made more than
once every thirty (30) calendar days. Materials or equipment delivered on
the site but not completely put in place or used in the project shall not be
included for payment.
28.2 All progress payment shall be subject to retention of ten percent (10%)
based on the amount due to the winning DESIGN & BUILD
CONTRACTOR prior to any deduction. The total retention money shall be
released only upon Final Acceptance of the Project. The winning DESIGN
& BUILD CONTRACTOR may, however, request for its release prior to
Final Acceptance subject to the guidelines set forth in R.A. 9184 and its
Implementing Rules and Regulations.
28.3 The DESIGN & BUILD CONTRACTOR may request in writing which
must be submitted to form part of the Contract Documents, for an advanced
payment equivalent to fifteen percent (15%) of the total Contract Price. The
advance payment shall be made once the DESIGN &
BUILDCONTRACTOR issues its irrevocable standby letter of credit from
a reputable bank acceptable to the PSHS System – Office of the Executive
Director, or GSIS Surety Bond of equivalent value, within fifteen (15)
calendar days from the signing of the Contract Agreement to cover said
advanced payment.
28.4 Advance Payment shall be repaid by the Designer-Builder thru deduction by
PSHS System – Office of the Executive Directorof fifteen percent (15%)
from the Designer-Builder’s periodic progress billing.
28.5 The Designer-Builder shall collect payment on progress billings based on
the percentage of work accomplished, within a reasonable time from
submission of all the required documents, subject to the required Expanded
Withholding Tax (EWT) of two percent (2%) and Final Withholding VAT
29
of five percent (5%), reduction based on Section 28.4, if any, and ten percent
(10%) retention fund.
28.6 First Payment/Billing shall have an accomplishment of at least 20% of the
construction phase.
28.7 The following documents must be submitted to the Design & Build
Committee before processing of payments to the DESIGN & BUILD
CONTRACTOR can be made:
a. Progress Billing
b. Detailed Statement of Work Accomplished (SWA)
c. Request for payment by the DESIGN & BUILD CONTRACTOR
d. Pictures/photographs of original site conditions (for First Billing only)
e. Pictures/photographs of work accomplished
f. Payment of utilities (power and water consumption)
g. DESIGN & BUILD CONTRACTOR’s affidavit (if accomplishment is
more than 60%)
h. Other documents as may be required by the Commission on audit
28.8 The retention fund shall be released only upon issuance of Certification
of Final Acceptance issued by PSHS System – Office of the Executive
Director and submission by Designer-Builder of Post-Construction
Documentation.
a. Progress Billing shall be based on the following: Annex E of Revised
IRR of RA 9184 (please copy)
The percentage of completion of work shall be subject to review and evaluation PSHS System – Office of the Executive Director.
b. Payments shall be made within a reasonable time from submission of the
required documents based on existing applicable laws.
XXIX. TERMINATION OF CONTRACT
29.1 The contract for the Construction of Rebidding of Improvement /
Extension of PSHS System Training and Administration Center under
Design and Build Scheme, Agham Road, Diliman, Quezon City may be
terminated by PSHS upon notice of any violation of the terms of the
contract and/or any part of GPPB Resolution No. 018-2004 dated
December 22, 2004, Annex “A”. In case of termination, the Designer-
Builder shall be informed by the PSHS System - OED thirty (30) calendar
days prior to such termination.
29.2 In case of pre-termination, the Designer - Builder shall be liable to an
additional liquidated damages equivalent to five percent (5%) of the
contract price as provided by the Government Accounting and Auditing
30
Manual (GAAM) and forfeiture of the Performance Security.
29.3 PSHS System – OED shall have the right to blacklist the Designer-Builder
in case of termination.
Prepared by:
Technical Working Group
MARUFIE JUNE V. LIMPIN MELODY M. BEJOSANO Member Member
ENGR. JOANNA PATRICIA SANTELICES
Project Engineer
Recommending Approval:
Bids and Awards Committee for Infrastructure Projects
MA. THERESA P. PAGULAYAN MARILOU T. MORATA
Member Member
ROMMELL ROSS C. OBA LORNA C. MARQUEZ
Member Member
JESSAMYN MARIE O. YAZON MA. CONCEPCION B. SAKAI
Vice-Chairperson Chairperson
Approved by:
LILIA T. HABACON Executive Director Philippine Science High School System