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TERMS OF REFERENCE

Design and Build for IMPROVEMENT / EXTENSION OF

PSHS SYSTEM TRAINING AND ADMINISTRATION

CENTER

I. BACKGROUND OF THE PROJECT

The project shall cover the design and construction of the IMPROVEMENT /

EXTENSION OF PSHS SYSTEM TRAINING AND ADMINISTRATION

CENTER. The project with an estimated gross floor area of 456.00 square meters is

within the Philippine Science High School (PSHS) Main Campus 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

IMPROVEMENT / EXTENSION OF PSHS SYSTEM TRAINING AND

ADMINISTRATION CENTER through the Design and Build project delivery

approach. 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 the IMPROVEMENT / EXTENSION OF PSHS

SYSTEM TRAINING AND ADMINISTRATION CENTER 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

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VIII, RA 9184 and in compliance with the requirements enumerated under

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

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Revisions), Fire Code (RA 9514) and other laws and regulations covering

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:

Improvement / Extension of PSHS System Training and Administration

Center through the Design and Build project delivery at PSHS Main Campus

Compound, 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:

i. Finance and Administrative Division Store Room

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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:

(a) Universal Design Access Systems

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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 240 calendar days (eight months), starting seven (7) calendar days upon

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the receipt by the CONTRACTOR of the Notice to Proceed (NTP): thirty (30)

calendar days for the Design Phase and two hundred ten (210) 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.

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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 (240)

calendar days from the receipt of Notice to Proceed.

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 of the Design and Build for the Construction of Improvement

/ Extension of PSHS System Training and Administration Center–

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

Manual (GAAM) and forfeiture of the Performance Security.

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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

ALVIN EBER G. ARLANZA

Architectural Consultant

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