Republic of the Philippines DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS TERMS OF REFERENCE (TOR) FOR THE NEGOTIATION OF PROCUREMENT OF CIVIL WORKS (LOT 20, NCR-PNR) FOR THE “KAYO ANG BOSS KO” (KBK) TOILET FACILITIES IMPROVEMENT PROJECT I. INTRODUCTION AND BACKGROUND INFORMATION The Department of Transportation and Communications (DOTC) is the primary policy, planning, programming, coordinating and implementing administrative entity of the government in charge of the promotion, development and regulation of a dependable and coordinated network of transportation systems, as well as fast, safe, efficient and reliable transportation services. With the end in view of realizing its mandate, the DOTC has embarked on a “Kayo ang Boss Ko (KBK)” Transport Facilities Frontline Services Improvement Project to ensure a more convenient, affordable, reliable, efficient and safe transport services to the public. One of the priority improvement areas of the KBK Project for 2013 are the toilet facilities in the airports, seaports, Philippine National Railways (PNR), Metrorail Transit (MRT) and Light Rail Transit (LRT) stations, including the processing centers of the Land Transportation Office (LTO) and Land Transportation Franchising and Regulatory Board (LTFRB). In support of this improvement project, the DOTC has adopted a Design, Cleanliness and Condition Standards for Toilet Facilities and Waiting Areas which will henceforth serve as the basic reference document in the design of new and/or renovation of existing toilet facilities, among others. It likewise provides standards for maintaining the cleanliness and good working condition of such facilities, including provisions to enhance their safety and security. The Standards likewise dictate adherence to all applicable laws, rules and regulations governing the design, construction and maintenance of public transport infrastructure facilities, including compliance with relevant environmental regulations. Incorporation of the Bidding Documents The Procuring Entity adopts the relevant provisions of the Bidding Documents in the previously conducted bidding for the subject procurement (“Bidding Documents”), whenever applicable. The Procuring Entity adopts the relevant provisions in the General Conditions of Contract (GCC) and Special Conditions of Contract (SCC). Page 1 of 22 TOR-Negotiation of Procurement of Civil Works for the KBK Toilet Facilities Improvement Project II. OBJECTIVES The project aims to: 1. Ensure delivery of a more convenient, affordable, reliable, efficient and safe transport services to the riding and transacting public; and, 2. Transform and uplift the quality of service to the public – to that which truly cares for their safety, comfort and well-being, respects their dignity and brings forth a fresh and wholesome experience in dealing with DOTC frontline offices/agencies, including the transport services that they provide and/or manage or supervise. II. COVERAGE For CY 2012, the DOTC will upgrade and/or rehabilitate 766 existing toilet facilities and construct additional 242 new toilet facilities, as indicated below: Total Number of Toilets DOTC Sectoral Office, Attached Agency and For For New Corporation Renovation/ Construction Rehabilitation Manila International Airport Authority (MIAA) 111 Civil Aviation Authority of the Philippines 107 - (CAAP) Mactan-Cebu International Airport Authority 110 - (MCIAA) Philippine Ports Authority (PPA) 51 11 Cebu Ports Authority (CPA) 15 - Light Rail Transport Authority (LRTA) 28 35 Metro Rail Transit-3 (MRT-3) 63 - Philippine National Railways (PNR) 21 42 Land Transportation Office (LTO) 239 125 Land Transportation Franchising and 21 29 Regulatory Board (LTFRB) GRAND TOTAL 766 242 Attached as Annex “A”, the specific address/location of toilet facilities for construction and/or rehabilitation on a per Agency per region basis. IV. SCOPE OF WORK (Attached as Annex “B”) Page 2 of 22 TOR-Negotiation of Procurement of Civil Works for the KBK Toilet Facilities Improvement Project Name of Project : “KAYO ANG BOSS KO” TOILET FACILITIES IMPROVEMENT PROJECT (CONST./REHABILITATION OF TOILET FACILITIES) Location : LOT 20, NCR-PNR Duration : One Hundred Eighty Five (185) Calendar Days Source of Fund : CY 2012 V. DRAWINGS (Attached as Annex “C”) VI. TERMS AND CONDITIONS 1. COLLECTION OF GOODS 1.1 The Contractor shall pick-up or collect the goods/materials to be installed for the Works (as enumerated in Annex “E” herein, “List of Goods/Materials To Be Supplied By the Procuring Entity to the Contractor”) from the Drop-Off Point (as enumerated in Annex “D” herein, “List of Drop-off points) and the cost therefore shall be incorporated in the Contract Price. At the point of the commencement of the delivery of the goods/materials from the Drop-off Point until the point of destination/Project Site, the Contractor has the sole responsibility for the care and custody of the said goods/materials, which are to be installed in the Works. Therefore, the risk for the goods/materials is passed on from the Procuring Entity to the Contractor beginning at the point of where the delivery from the Drop-off Point commences until the goods/materials are delivered to and/or installed in the Project Site. 1.2 The Contractor shall pay for any unjustified damage to or loss of the goods/materials within seven (7) calendar days after receipt of claims of the Procuring Entity for the total amount of loss/damage. If the Contractor fails to pay on the due date, the Procuring Entity shall be entitled to draw from the retention money. 1.3 If the Contractor’s liability for the loss/damages exceeds the amount of retention money, the Contractor shall pay the excess upon written demand by the Procuring Entity. The same is without prejudice to the other remedies provided under the GCC and other applicable laws. 2. CONTRACTOR’S OBLIGATIONS 2.1 The Contractor shall carry out the Works properly and in accordance with this Contract. The Contractor shall provide all supervision, labor, Materials, Plant and Contractor's Equipment, which may be required. All Materials and Plant on Site shall be deemed to be the property of the Procuring Entity. Page 3 of 22 TOR-Negotiation of Procurement of Civil Works for the KBK Toilet Facilities Improvement Project 2.2 The Contractor shall commence execution of the Works on the Start Date and shall carry out the Works in accordance with the Program of Work submitted by the Contractor, as updated with the approval of the Procuring Entity’s Representative, and complete them by the Intended Completion Date. 2.3 The Contractor shall be responsible for the safety of all activities on the Site. 2.4 The Contractor shall carry out all instructions of the Procuring Entity’s Representative that comply with the applicable laws where the Site is located. 2.5 The Contractor shall employ the key personnel named in the Schedule of Key Personnel, as referred to in the SCC, to carry out the supervision of the Works. The Procuring Entity will approve any proposed replacement of key personnel only if their relevant qualifications and abilities are equal to or better than those of the personnel listed in the Schedule. 2.6 If the Procuring Entity’s Representative asks the Contractor to remove a member of the Contractor’s staff or work force, for justifiable cause, the Contractor shall ensure that the person leaves the Site within seven (7) days and has no further connection with the Work in this Contract. 2.7 During Contract implementation, the Contractor and his subcontractors shall abide at all times by all labor laws, including child labor related enactments, and other relevant rules. 2.8 The Contractor shall submit to the Procuring Entity for consent the name and particulars of the person authorized to receive instructions on behalf of the Contractor. 2.9 The Contractor shall cooperate and share the Site with other contractors, public authorities, utilities, and the Procuring Entity between the dates given in the schedule of other contractors particularly when they shall require access to the Site. The Contractor shall also provide facilities and services for them during this period. The Procuring Entity may modify the schedule of other contractors, and shall notify the Contractor of any such modification thereto. 2.10 Should anything of historical or other interest or of significant value be unexpectedly discovered on the Site, it shall be the property of the Procuring Entity. The Contractor shall notify the Procuring Entity’s Representative of such discoveries and carry out the Procuring Entity’s Representative’s instructions in dealing with them. 3. PERFORMANCE SECURITY Page 4 of 22 TOR-Negotiation of Procurement of Civil Works for the KBK Toilet Facilities Improvement Project 3.1 Within ten (10) calendar days from receipt of the Notice of Award from the Procuring Entity but in no case later than the signing of the contract by both parties, the Contractor shall furnish the performance security in any the forms prescribed in ITB Clause 32.2. 3.2 The performance security posted in favor of the Procuring Entity shall be forfeited in the event it is established that the Contractor is in default in any of its obligations under the Contract. 3.3 The performance security shall remain valid until issuance by the Procuring Entity of the Certificate of Final Acceptance. 3.4 The performance security may be released by the Procuring Entity and returned to the Contractor after the issuance of the Certificate of Final Acceptance subject to the following conditions: (a) There are no pending claims against the Contractor or the surety company filed by the Procuring Entity; (b) The Contractor has no pending claims for labor and materials filed against it; and (c) Other terms specified in the SCC. 3.5 The Contractor shall post an additional performance security following the amount and form specified in ITB Clause Error! Reference source not found. to cover any cumulative increase of more than ten percent (10%) over the original value of the contract as a result of amendments to order or change orders, extra work orders and supplemental agreements, as the case may be.