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Terms of Reference

PMD I ENGINEERING I DECDD

CONTRACT NO: OP-14-WP-06

Maynilad

PROJECT TITLE: Proposed Sluice Gate with Manual Actuator and Catwalk for La Mesa TreatmentPlant 1

I.

II.

III.

PROJECT DESCRIPTION / PROJECT BACKGROUND

The source of water for the treatment plants come from Angat Dam going to the Ipo Dam,passing thru tunnels and aqueducts to the Novaliches portal. Water splits in portal area where60% of the total volume from Ipo goes to the treatment plants 1 & 2 via open channels. Theinlet part of the open channel of LMTPi is beside the La Mesa Dam wherein a concrete barrieris installed. During periods of high turbid water from Ipo and when the La Mesa Dam elevationis higher than portal level, Water Production would like to fully utilize the dilution capacity ofthe La Mesa Dam water by directing its backflow into the open channels. Thus it is proposed toinstall a Sluice Gate in this Area.

LOCATION OF THE PROJECT

The La Mesa Treatment Plant 1 is located at La Mesa Dam, Novaliches, Quezon City.

OBJECTIVE OF THE PROJECT

The objective of this Contract (OP-14-WP-06) covers the Design and Build project for theProposed Sluice Gate with Manual Actuator and Catwalk for La Mesa Treatment Plant 1.

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This aims to utilize the water from the La Mesa Dam to dilute the water coming from the IpoDam during high turbidity season.

IV. GENERAL SCOPE OF WORKS

IV.1 Contract Requirements

1. The WORK shall be complete, and all work, materials, and services as expressly indicated ornot called for in the Contract Documents but necessary for the complete and properconstruction/implementation of the WORK shall be provided by the contractor as thoughoriginally so indicated;

2. All work items under this contract shall be done in accordance with the Design Standardswritten in this Terms of Reference;

3. Contractor shall be responsible for conforming and correlating all data, dimensions andquantities with that of the existing equipment, site conditions, and structures on theexecution of all works required under this contract;

4. The Contractor shall be liable for all the restoration works on any affected existingstructures, facilities, or plant equipment during the execution and completion of theproject;

5. Contractor shall submit Construction Methodology, required Scheme and Diagram to besubject for Maynilad approval prior to start of WORK;

6. Contractor shall submit Technical Literature / Brochures / Shop Drawings of equipment tobe supplied. Maynilad shall have the right to review and approve such drawings;

7. The contractor shall submit design drawings prior to the execution of work. Maynilad'sapproval shall not be construed to relieve the contractor of its responsibilities, liabilities,and obligations;

8. Installation of all equipment and other cables, wires and conduits shall be coordinated withand concurred by the Water Production authorized personnel;

9. Supplier/Contractor shall have the local capability and facilities to do the repair andmaintenance of the equipment and other accessories to be supplied. The Supplier /Contractor must have and/or show track records showing similar to projects involvingSluice Gate materials repair;

10. Contractor shall comply with the environment and safety policies of La Mesa TreatmentPlants (LMTP-i). The Contractor must submit and coordinate with the concerned Mayniladunit its own environment protection and safety measures and work schedules forMaynilad's evaluation and concurrence;

11. The Contractor shall be deemed to have inspected and been satisfied as to the suitabilityand availability of access to the site as required to execute and complete all works specifiedin this contract;

12. Contractor shall exercise all precautionary measures in coordination with Maynilad QAP &ESH Department to avoid spills and contamination during draining, temporary storing,handling, hauling, and/or disposal of all drained oil and other chemicals to be used asadvised / applicable;

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13. Cleanliness at the work site area shall be maintained at all times. At the end of the day'swork all tools, equipment, and unused materials shall be orderly placed at Mayniladdesignated areas;

14. The Contractor shall submit to Maynilad periodic reports, as required by the Engineer,covering relevant phases of work required to satisfactorily complete this contract;

15. Before testing of accomplished/installed system is conducted, contractor shall conduct inthe presence of Maynilad representatives a physical inspection of the installation toevaluate if all specified installation works is complete and in accordance with the detailsand specifications of this contract;

16. Testing / Run-in and operation of the installed equipment supplied shall be conductedunder the supervision of the supplier's/manufacturer's qualified technical personnel;

17. Certificate of completion shall be issued after a run-in period of one (1) week continuousoperation of the completely installed sluice gates and when assured that all completelyassembled units installed performs in a normal manner;

18. Finalacceptance shall be issued after the defects and liability period of one (1)year;19. Warranty shall commence after the final acceptance has been issued;20. Maynilad shall provide all electricity (Contractor will have to tap from LMTP-i or

Novaliches Portal Power Supply, Contractor to provide KWHR meter assembly)requirement for the construction, installation, testing, commissioning and during the run-in period. Contractor shall coordinate with water production or Common Purpose Facilitiesregarding all electrical requirements to assess available proper tapping points at LMTP-i;

21. The contractor shall submit final and accurate "As-Built" Drawings in reproducible format(Ai-Size Mylar) and in electronic copy using the latest Auto CAD format. As-built drawingsshall be verified by Maynilad as to its accuracy prior to acceptance.

IV.2 Scope of Works

The Work under this contract covers detailed engineering design, construction, execution,supply, installation, testing, commissioning and furnishing of all labor, materials, tools,equipment, transport, supplies, supervision and other services necessary for the ProposedSluice Gate with Manual Actuator and Catwalk.

This also includes furnishing all labor, transportation, and services, including fuel and essentialcommunications and performing all works or other operations required for the completion ofthe Contract, and shall remedy any defects in the Works. When completed, the Works shall befit for the purpose for which the Works are intended as defined in the Contract and GeneralScope of works.

The Work shall include but not limited to the following:

• Investigation of the stability and adequacy of existing concrete platform to support theproposed aluminum sluice gate;

• Site investigation and assessment including soil investigation if required and preparation ofdetailed design and installation / construction methodology;

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PMD I ENGINEERING I DECDD MayniladCoordination with Water Production and Maynilad Engineer for the exact location of theProposed Project;Presentation to the Maynilad Team of the Proposed Design Scheme, MaterialsSpecification and Construction Methodology;Dismantling / pull-out / removal of existing concrete barrier, concrete planks, steel guideand steel catwalk-

Design, supply and installation of the aluminum sluice gate assembly;Design, supply and installation of catwalk;Survey Works (to identify the exact dimensions of the existing structure at the locationsite);

Structural assessment to ensure that the existing concrete channel is capable for theadditional load of Sluice Gate and Catwalk;Trainings, operational manual and maintenance manual after the completion of theproject;Testing and certification as requested by the Maynilad Engineer;Supply and installation of Safety Signages with reference to the Standard Drawings ofMaynilad;Painting of all conduits, railings, toe boards, actuator and all other related structuresaccording to approved Maynilad color standards.Other necessary services required for the completion and proper conclusion of the WORK.

Note:

During the course of the Project, the Contractor shall ensure that there is no interruptionand contamination on the production of raw water.

V. WORK BREAKDOWN OF STRUCTURE (Not Applicable)

VI. DELIVERABLES/ SUBMITTALS/ OUTPUT OF THE CONTRACTOR

A. Prior/During the Bidding:

The bidders shall submit one (1)original and one (1)duplicate of the Bid, sealed in an envelope.

In the event of discrepancy between the original and copy, the original shall prevail.The Bid

shall contain both the technical and financial proposal.

1. Technical proposal shall comprise of the following:

• Design Scheme (quantity and dimensions must be shown), Construction

Methodology and Brochures of the Sluice Gate and Manual Actuator to be subjectfor Technical Bid Evaluation (NOTE: The Bidder's may be invited to present their

technical proposal)

• Detailed unit cost estimate of all the bid items inclusive of all taxes and VAT

• Company Profile

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2.

List of on-going and completed projects within the last ten (10) years of the same

nature and magnitude following the given format;

Project Title Description on

the Scope of

Work

Year completed Cost of

Project

Client

• The proposed project organizational chart and list of personnel/staff to be assignedin the project with corresponding curriculum vitae and similar experience; and

• Proposed work plan, which the contractor propose to follow in the form of

PERT/CPM diagram showing the sequence, duration and the probable timing of

each work activity.

Financial proposal shall comprise of the following;

• Evidence of asset backing, access to lines of credit and availability of other financial

resources. Such evidence may include, but shall not be limited to, a certification

from a reputable bank that the Bidder is banking with them and is of goodstanding;

• Financial statements for the last two (2) full financial years duly stamped

and received by the Bureau of Internal Revenue (BIR);

• List of on-going projects indicating the value of remaining works, start date, targetcompletion date and any newly awarded contracts for which work has not yet

commenced.

B. After the award of the Contract / Pre-Construction Meeting (after issuance ofNotice to Proceed):

• Preliminary Design drawings and Construction Methodology;

• Environment, Health and Safety Program approved by the Department Of Labor

and Employment (DOLE) including Job Hazard Analysis and Risk Assessment Plan.

C. Construction Phase:

Final Detailed Design drawings - 2nd week aftercommencementDesign Report

Design Calculation

DailyAccomplishment Report

Weekly/Monthly design/construction progress report

S-Curve (manpower and equipment utilization schedule)

Test Results and Certificates

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D. Other Requirements

• Minutes of Meetings - 2 working days after any meeting or presentation

• Presentations - 3 working days prior to any presentation to be conducted

• Accurate As-Built Drawings

• Related outputs that may be required by the Employer

VII. OUTPUT SPECIFICATIONS

A. Sluice Gate

Aluminum Sluice Gate

At least One (1) meter high

Aluminum Guide with rubberized seal for water tightening

Manual Actuator

Working area for the panel of the Manual Actuator shall be enough for three (3)

personnel during bad weather conditions

B. Catwalk

• Hot-dipped galvanized steel grating with railings and toe board

• Should be able to support a liveload of l.gkPa

• Painted as per Maynilad Standards

VIII. DESIGN STANDARDS

The Design and Build WORK'S shall comply unless otherwise stated, with the following;

MAYNILAD Technical Specifications

Department of Public Works and Highways (DPWH)

American Society for Testing and Materials (ASTM)

American Iron and Steel Institute (AISI)

American National Standards Institute (ANSI)

National Building Code (NBC)

National Structural Code of the Philippines (NSCP)

Philippine Society of Mechanical Engineers (PSME) Code

Philippine Electrical Code (PEC)

Occupational Safety and Health Standards (OSAHS)

and/or as stated in this contract using acceptable engineering and environmental

standards and practices

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IX. CONTRACTOR'S ROLE AND RESPONSIBILITIES

1. Design and Build contractor to perform all work required by the contract: The intent of this

project is to require complete, correct and timely execution of the design and the

construction work. Any and all Construction work that may be required, reasonably

implied, or reasonably inferred by the contract, or any part of it, as necessary to produce

the intended result shall be provided by Design and Build contractor.

2. Strict Compliance with The Contract Documents: All Construction Work performed by

Design and Build contractor shall be in strict compliance with the Contract. "Substantial

compliance" is not strict compliance. Any Construction Work not in strict compliance with

the Contract is defective.

3. Supervision of The Construction Work: The Construction Work shall be strictly supervised

and directed using Design and Build contractor's best and highest skill and effort. Design

and Build contractor shall bear full responsibility for any and all acts or omissions of those

engaged in the Construction Work on behalf of Design and Buildcontractor.

4. Repair of Collateral Damage: Unless otherwise instructed by Maynilad, Design and Build

contractor shall repair and return to original condition all buildings, streets, curbs,

sidewalks, utilities or other facilities affected by Design and Build's performance of the

Construction Work at no additional cost to Maynilad. With due diligence, the Design and

Build contractor should include all affected structures, utilities during construction and

should be included in the detailed design or schedule of prices and measurement and

payment.

X. SUBMITTAL AT THE TIME OF BID (See Item VI)

XI. MANNING SCHEDULE FOR DETAILED DESIGN SERVICES AND SPECIAL

PROJECTS

In accordance with the above mentioned engagement and duration, the Contractor shallpropose manning schedule for the services and they themselves will determine theirnumber of personnel to be assigned in accordance with their work schedule.

XII. FINANCIAL AND QUALITY PLANS (Not Applicable)

XIII. TERMS OF PAYMENT

Payment shall be output-based and billings shall be supported by deliverables. The contractprice shall be composed of remuneration and reimbursable amount, where the latter shall be

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PMD I ENGINEERING I DECDD Mayniladsupported by official receipts. The Contractor to ensure that all required documents shall beattached to the billing request for ease of processing.

Down payment (Upon receipt of NTP and submission of SuretyBond for the Down Payment)

30%

Upon submission of Preliminary Design Drawings and

Construction Methodology15%

Upon approval of the final design drawings and submission of

Design Report 15%

Upon acceptance of the Project40%

XIV. IMPLEMENTATION SCHEDULE

The Project is expected to be completed in five-months (150 calendar days) includingdocumentation upon issuance of Notice to Proceed (NTP).

XV. GUARANTEES AND SERVICE WARRANTY OF THE CONTRACTOR

1. QUALITY ASSURANCE

The Design and Build Contractor is responsible for the performance of all tests and inspectionrequired in this project in accordance with Maynilad Standard Specification. However,Maynilad Water Services, Inc. (Maynilad) reserves the right to perform any or all prescribedtests and inspection where such is deemed necessary to ensure that delivered and installedmaterials conform to the specifications, at the Contractor's expense. The Contractor shallfurnish Maynilad certified copies of records showing that each material has been pre-tested,and compliance certificate attesting that delivered and installed materials have complied withall applicable requirements of this Standard. The Contractor shall, at his own expense, replaceall rejected materials for failure to comply with this Specification.

Design and Build contractor shall be responsible for the professional quality, completeness,accuracy, and coordination of Design Documents. Design and Build contractor shall provideDesign Services that will result in an operationally cost-efficient and economical facility thatmeets all environmental and regulatory requirements as of the date hereof, and uses the mostappropriate available technology. Design and Build contractor shall provide for all qualitycontrol reviews required by sound professional architectural and engineering practices and bygovernmental authorities having jurisdiction over the Project.

2. WARRANTY

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Contractor/Supplier shall provide a minimum warranty of One (1) year on labor and materials(Sluice Gate and Catwalk) from the date of final acceptance of the system. Any defectsappearing within the aforesaid period shall be replaced and repaired by the Contractor/Supplierat their own expense.

The Contractor should be able to provide parts of the proposed sluice gate for the next ten (10)years upon the purchase of Maynilad.

XVI. PENALTIES

If the service of a team member provided by the Contractor is not acceptable to Maynilad, theContractor shall immediately replace the team member on request of Maynilad. If theContractor fails to quickly deploy/replace a team member as instructed, Maynilad may maketemporary arrangement. The temporary deployment/replacement shall be paid by theContractor with commensurate reduction in the person-month scope of this consultancycontract. This will however be a temporary arrangement and if the Contractor fails to deploythe requisite personnel or replace any member as instructed, Contractor shall be liable foraction for termination of contract and/or black listing.

XVII. LIQUIDATED DAMAGES

i. The Design and Build Contractor shall comply with the Completion Period prescribed

hereof. Design and Build Contractor shall be liable to MAYNILAD for liquidated damages("LD") for every day of delay until the Services are completely performed, provided, any LD

imposed shall not exceed fifteen percent (15%)of the total cost of the Contract.

2. In addition to the imposition of LD, MAYNILAD may, at its option, terminate the Contract

Agreement, cause another party to perform the unfinished portion of the Services, and

charge the cost thereof to the Design and Build Contractor.

3. The Design and Build Contractor shall pay the Owner the sum of 1/10 of 1% of the total

approved contract amount, as revised minus the value of the completed usable portion of

the projects as certified by Maynilad. Any sums due and payable hereunder by the Design

and Build Contractor shall be payable, not as a penalty, but as liquidated damages

representing an estimate of delay damages likely to be sustained by Owner, estimated at

the time of executing the agreement. Such liquidated damages shall apply regardless of

whether Design and Build Contractor has been terminated by Owner prior to Substantial

Completion so long as Design and Build Contractor's actions or inactions contributed to the

delay. Such liquidated damages shall be in addition to and not in preclusion of the recovery

of actual damages resulting from other defects in Design/Builder's performance hereunder

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that Substantial Completion will be inexcusably delayed, Owner shall be entitled, but not

required, to withhold from any amounts otherwise due to Design and Build Contractor an

amount then believed by Owner to be adequate to recover liquidated damages applicable

to such delays. Ifand when Design and Build Contractor overcomes the delay in achieving

Substantial Completion, or any part thereof, for which Owner has withheld payment,

Owner shall promptly release to Design and Build Contractor those funds withheld, but no

longer applicable as liquidated damages.

XVIII. DISCLAIMER

Maynilad reserves the right to accept or reject any submission, discontinue the negotiationprocess or not to award the contract at any time without incurring any liability to thenegotiated party.

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